REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the recognition of third countries for the purpose of equivalence on organic products
Date: 2022-12-20
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: agricultural product, agricultural production, consumer protection, food inspection, genetically modified organism, harmonisation of standards, labelling, organic farming, organic product, third country

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 20.12.2022  COM(2022) 728 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the recognition of third countries for the purpose of equivalence on organic products  
 
 
1.  Introduction  

According to the EU’s new legislative framework on organic production and labelling of organic 
products1  that  started  applying  on  1st  January  2022,  a  product  that  falls  under  the  scope  of 
Regulation (EU) 2018/848 may be imported from a third country for the purpose of placing that 
product on the market if2:  

 

 

 

the product complies with the relevant provisions related to the objectives and principles 
of  organic  production  as  well  as  with  the  production  and  labelling  rules  of  Regulation 
(EU) 2018/848  and  all operators have been subject  to  controls  by control authorities or 
control bodies recognised in accordance with Article 46 of that Regulation, or  
the product comes from  a third country which is recognised under a trade agreement in 
accordance  with  Article  47  of  Regulation  (EU)  2018/848  as  having  a  system  of 
production meeting the same objectives and principles by applying rules which ensure the 
same level of assurance of conformity as those of the Union (equivalence), or 
the  product  comes  from  a  third  county  which  is  recognised  for  the  purposes  of 
equivalence under Article 33(2) of Regulation (EC) No 834/20073.   

This report provides the state of application of Articles 47 and 48 of Regulation (EU) 2018/848 
regarding  the  recognition  of  third  countries  for  the  purpose  of  equivalence,  as  required  under 
Article 49 of that Regulation4.  

Detailed information concerning the import of organic products from third countries is available 
at:  https://agriculture.ec.europa.eu/cap-my-country/performance-agricultural-policy/studies-and-
reports/market-analyses-and-briefs_en.  Total  imports  of  organic  agri-food  products  in  the  EU 
reached 2.87 million tonnes in 2021. Over the last three years, total volumes of imported organic 
products did not present important fluctuations.   

According to the EU’s legislative framework, imports of organic products from any recognised 
third country are subject to official controls including documentary checks on all consignments, 
identity  checks  carried  out  randomly  and  physical  checks  depending  on  the  likelihood  of  non-
compliance.  Any  suspicion  of  non-compliance  is  communicated  to  the  competent  authority  of 
the  third  country  concerned  with  the  request  to  perform  an  investigation  and  to  report  on  the 
organic status of the product concerned. Depending on the results of this process, products may 
be released into the market as organic or not.  

1 Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production 

and labelling of organic products and repealing Council Regulation (EC) No 834/2007 (OJ L 150, 14.6.2018, p. 1). 

2 Article 45 of Regulation (EU) 2018/848.  
3 Article 48 of Regulation (EU) 2018/848.  
4 Article 49 provides that “by 31 December 2022, the Commission shall present a report to the European Parliament 
and the Council on the state of application of Articles 47 and 48, in particular as  regards the recognition of third 
countries for the purpose of equivalence”. 

1 

 
 
                                                           
2.  Equivalences under a trade agreement 

There  are  currently three  bilateral  agreements  in  place between the EU and respectively Chile, 
Switzerland  and  the  UK.  The  Parties  exchange  regularly  information,  including  on  their 
monitoring  and  supervisory  activities  and  on  updates  in  production  standards  and  controls 
measures  as  well  as  on  any  suspicion  of  irregularity  that  may  arise  in  the  framework  of  the 
controls carried out by the Parties. The recognition of equivalence with Chile, Switzerland and 
the UK will be updated to take account of the entry into application of the EU’s new legislative 
framework.  Third  countries  concerned  were  informed  accordingly.  The  relevant  works  are 
expected to start in 2023. 

Information  is  provided  in  the  following  sub-sections  on  the  bilateral  agreements  in  place 
between the EU and respectively Chile, Switzerland and the UK including the product categories 
concerned and any additional clarification on that recognition if applicable.  

2.1. EU-Chile 

The  European  Union  (EU)  and  Chile  concluded  an  agreement  for  trade  in  organic  products  in 
2017, which entered into force in January 20185.  

The scope of this recognition,  as far as  organic products  imported into the EU from  Chile and 
organic products imported into Chile from the EU are concerned, is laid down in Article 4 and in 
Annexes I and II to the Agreement:  

Category of products  

Unprocessed plant products 
Honey 
Processed plant products for use as food 
Vegetative propagating material and 
seeds for cultivation 

Remarks 

According to CN codes 

  Organic  products  imported  into  the  EU:  unprocessed  agricultural  products  produced  in 
Chile  and  processed  agricultural  products  for  use  as  food  that  have  been  processed  in 
Chile with organically grown ingredients that have been produced in Chile or that have 
been imported into Chile either from the EU or from a third country in the framework of 
a regime that is recognised as equivalent by the EU. 

  Organic  products  imported  into  Chile:  unprocessed  and  processed  agricultural  products 

that are produced or processed in the Union.  

2.2. EU-Switzerland  

The  mutual  equivalency  recognition  is  laid  down  in  the  Agreement  between  the  European 
Community  and  the  Swiss  Confederation  on  trade  in  agricultural  products6,  Annex  9  (on 
organically produced agricultural products and foodstuffs). It has evolved over the years.  

5 Agreement between the European Union and the Republic of Chile on trade in organic products (OJ L 331, 

14.12.2017, p. 4-18). 

2 

 
 
 
                                                           
The following table provides an overview of the categories of products for which equivalency is 
granted by the EU to Switzerland: 

Category of products 

Unprocessed plant products 

Live  animals  and  unprocessed  animal 
products 
Processed agricultural products for use as 
food 

Processed agricultural products for use as 
feed 

Vegetative  propagating  material  and 
seeds for cultivation 

Remarks 
With 
produced during the conversion period 

exception  of  products 

the 

the 

With 
exception  of  products 
containing  an  ingredient  of  agricultural 
origin  produced  during  the  conversion 
period 
With 
exception  of  products 
containing  an  ingredient  of  agricultural 
origin  produced  during  the  conversion 
period 

the 

In  order  for  unprocessed  organic  products  to  be  imported  into  the  EU  from  Switzerland,  they 
need to be produced in Switzerland. Processed agricultural products imported into the EU from 
Switzerland need to have been processed in Switzerland with ingredients grown in Switzerland 
or  imported  into  Switzerland  either  from  the  Union  or  from  a  third  country  for  which 
Switzerland  has  recognised  that  the  products  have  been  produced  and  controlled  in  that  third 
country in accordance with rules equivalent to those laid down in the Swiss legislation. The same 
conditions apply respectively for products imported into Switzerland from the EU.  

2.3. EU-UK  

The  EU  and  the  United  Kingdom  (UK)  have  mutually  recognised  the  equivalence  of  their 
organics systems in the Trade and Cooperation Agreement7 (TCA) signed on 30 December 2020, 
in  application  since  1  January  2021.  The  scope  of  this  recognition,  as  far  as  organic  products 
imported into the EU from the UK and organic products imported into the UK from the EU are 
concerned, is laid down in respectively Appendixes 14-A and 14-B to Annex 14 of the TCA and 
is the same:  

Categories of products 
Unprocessed plant products 
Live animals or unprocessed animal products  
Aquaculture products and seaweeds 
Processed agricultural products for use as 
food  

Remarks 

Includes Honey 

6 Agreement between the European Community and the Swiss Confederation on trade in agricultural products 

(OJ L 114, 30.4.2002, p. 132). 

7 Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of 

the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (OJ L 149, 
30.4.2021, p. 10). 

3 

 
 
 
 
 
 
 
                                                                                                                                                                                           
Processed agricultural products for use as 
feed 
Seeds and propagating material  

In order for unprocessed organic products to be imported into the EU from the UK they need to 
be produced in the UK. Processed agricultural products imported into the EU need to have been 
processed in the UK with ingredients grown in the UK or imported into the UK in accordance 
with its laws and regulations. The same conditions apply respectively for products imported into 
the UK from the EU.  

3.  Equivalences under Article 33(2) of Regulation (EC) No 834/20078 

Eleven  third  countries  have  been  recognised  unilaterally  by  the  EU  as  having  an  equivalent 
organic  system  to  the  EU’s  system  under  Article  33(2)  of  Regulation  (EC)  No  834/20079: 
Canada,  Israel,  Japan,  New  Zealand,  Tunisia,  the  Republic  of  Korea,  the  United  States, 
Argentina,  Australia,  Costa  Rica  and  India.  Such  recognitions  may  only  be  for  certain  product 
categories  as  indicated  below.  Canada,  Israel,  Japan,  New  Zealand,  Tunisia,  the  Republic  of 
Korea  and  the  United  States  have  also  recognised  unilaterally  the  EU  as  having  an  equivalent 
system to their own. 

Regular  exchanges  of  information  take  place  with  these  third  countries,  including  on  their 
monitoring  and  supervisory  activities  and  on  updates  in  production  standards  and  controls 
measures as well as on any suspicion of irregularity that may be identified in the framework of 
the controls carried out.  

The latest third country to be granted an equivalency based on Article 33(2) of Regulation (EC) 
No 834/2007 was the Republic of Korea, recognised for processed agricultural products for use 
as food in 201510. The Republic of Korea also granted an equivalency to the EU with the same 
scope.  

The latest amendment for an extension of the recognition of equivalence of a third country based 
on Article 33(2) of Regulation (EC) No 834/2007 related to Canada. In 2016, the recognition of 
Canada was extended to include organic wine as well as processed products for use as food or 

8 Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products 

and repealing Regulation (EEC) No 2092/91 (OJ L 189, 20.7.2007, p. 1).  

9  See  Annex  I  to  Commission  Implementing  Regulation  (EU)  2021/2325  of  16  December  2021  establishing, 
pursuant to Regulation (EU) 2018/848 of the European Parliament and of the Council, the list of third countries 
and  the  list  of  control  authorities  and  control  bodies  that  have  been  recognised  under  Article  33(2)  and  (3)  of 
Council Regulation (EC) No 834/2007 for the purpose of importing organic products into the Union (OJ L 465, 
29.12.2021, p. 8).  

10  Commission  Implementing  Regulation  (EU)  2015/131  of  23  January  2015  amending  Regulation  (EC)  No 
1235/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the 
arrangements for imports of organic products from third countries (OJ L 23, 29.1.2015, p. 1).  

4 

 
 
 
 
                                                           
feed  with  imported  organic  ingredients11.  Canada  also  extended  its  recognition  of  the  EU  with 
the same scope. 

In  2021,  measures  were  taken  by  the  Commission  in  relation  to  equivalency  granted  to  India. 
Following  the  detection  of  a  high  number  of  contamination  with  unauthorised  products  in 
consignments  coming  from  India,  the  lack  of  response  on  the  root  causes  of  the  failure  of  the 
control  system  from  the  control  bodies  involved  in  those  contaminations and  the  inappropriate 
corrective  measures  taken  by  those  control  bodies  and  the  competent  authority  as  well  as  the 
non-respecting of the scope of the recognition granted to India, five control bodies were removed 
from the list of control bodies recognised and supervised by the Indian Competent Authority12.  

According  to  Article  48(1)  of  Regulation  (EU)  2018/84813,  the  recognitions  of  these  third 
countries  shall  expire  on  31  December  2026.  The  Council  has  authorised  the  Commission  to 
open negotiations with these countries with a view to concluding agreements on trade in organic 
products14.  The  11  third  countries  concerned  have  been  informed  accordingly  and  negotiations 
will be launched.  

Information is provided in the following sub-sections concerning the 11 third countries that have 
been  recognised  unilaterally  by  the  EU  as  having  an  equivalent  organic  system  to  the  EU’s 
system  under  Article  33(2)  of  Regulation  (EC)  No  834/2007,  including  the  product  categories 
and any additional clarification on that recognition if applicable.  

3.1. Argentina 

Category of products 

Remarks 

Unprocessed plant products 

Live animals or unprocessed animal 
products 
Processed agricultural products for use 
as food (wine, yeast not included) 

A 

B 

D 

- 

- 

- 

11  Commission  Implementing  Regulation  (EU)  2016/459  of  18  March  2016  amending  Regulation  (EC)  No 
1235/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the 
arrangements for imports of organic products from third countries (OJ L 80, 31.3.2016, p. 14). 

12  Commission  Implementing  Regulation  (EU)  2021/2325  of  16  December  2021  establishing,  pursuant  to 
Regulation (EU) 2018/848 of the European Parliament and of the Council, the list of third countries and the list of 
control  authorities  and  control  bodies  that  have  been  recognised  under  Article  33(2)  and  (3)  of  Council 
Regulation  (EC)  No  834/2007  for  the  purpose  of  importing  organic  products  into  the  Union  (OJ  L  465, 
29.12.2021, p. 8). See in particular recital 6 of this Regulation, which provides reasons for the concerned control 
bodies  not  being  listed  in  Annex  I  of  the  Regulation.  Regulation  2021/2325  is  currently  the  subject  of  a  court 
challenge in Case T-123/22 Ecocert India v Commission. 

13 As amended by Regulation (EU) 2020/1693 of the European Parliament and of the Council of 11 November 2020 
amending Regulation (EU) 2018/848 on organic production and labelling of organic products as regards its date 
of application and certain other dates referred to in that Regulation (OJ L 381, 13.11.2020, p. 1). 

14  Council  Decision  (EU)  2021/1345  of  28  June  2021  authorising  the  opening  of  negotiations  with  Argentina, 
Australia,  Canada,  Costa  Rica,  India,  Israel,  Japan,  New  Zealand,  South  Korea,  Tunisia  and  the  United  States 
with a view to concluding agreements on trade in organic product (OJ L 306, 31.8.2021, p. 2).  

5 

 
 
 
 
 
 
                                                           
Vegetative propagating material and 
seeds for cultivation 

F 

- 

Origin:  products  of  categories  A,  B  and  F  that  have  been  grown  in  Argentina  and  products  of 
category D processed in Argentina with organically grown ingredients that have been grown in 
Argentina. 

3.2. Australia 

Category of products 

Remarks 

A 
D 

Unprocessed plant products 
Processed agricultural products for use 
as food (wine, yeast not included) 
Vegetative propagating material and 
seeds for cultivation 
Origin:  products  of  categories  A  and  F  that  have  been  grown  in  Australia  and  products  of 
category  D processed in Australia with  organically  grown ingredients that  have been  grown in 
Australia. 

Composed essentially of one or more 
ingredients of plant origin 

F 

- 

3.3. Canada 

Category of products 

Unprocessed plant products 
Live  animals  or  unprocessed  animal 
products 
Processed agricultural products for use 
as food  
Processed agricultural products for use 
as feed 
Vegetative  propagating  material  and 
seeds for cultivation 

A 
B 

D 

E 

F 

Remarks 
 - 
 - 

 - 

-  

-  

Origin:  products  of  category  A,  B  and  F  that  have  been  grown  in  Canada  and  products  of 
category D and E processed in Canada with organically grown ingredients that have been grown 
in Canada or that have been imported into Canada in accordance with the Canadian legislation. 
The EU was granted similar possibilities for the export of organic products.  

3.4. Costa Rica  

Category of products 

Unprocessed plant products 
Processed agricultural products for use 
as food (wine and yeast  not included) 
Vegetative propagating material and 
seeds for cultivation 

A 
D 

F 

Remarks 

Processed plant products only 

- 

6 

 
 
 
 
  
 
  
 
Origin:  products  of  categories  A  and  F  that  have  been  grown  in  Costa  Rica  and  products  of 
category D processed in Costa Rica with organically grown ingredients that have been grown in 
Costa Rica. 

3.5. Israel  

Category of products or products 

Unprocessed plant products 

Processed agricultural products for use 
as food (wine and yeast not included) 

Vegetative propagating material and 
seeds for cultivation 

A 

D 

F 

Remarks 

 - 

Composed essentially of one or more 
ingredients of plant origin 

 - 

Origin: products of category A and F that have been grown in Israel and products of category D 
processed  in  Israel  with  organically  grown  ingredients  that  have  been  grown  in  Israel  or  that 
have been imported into Israel either from the Union or from a third country in the framework of 
a regime which is recognised as equivalent in accordance with Article 33(2) of Regulation (EC) 
No 834/2007.  

In  2016,  Israel  granted  the  EU  a  recognition  for  unprocessed  plant  products  and  vegetative 
propagating material and seeds for cultivation as well as processed agricultural products for use 
as  food  composed  essentially  of  ingredients  of  plant  origin  certified  as  organic  in  accordance 
with the EU legislation.  

3.6. India  

Category of products or products 

Remarks 

Unprocessed plant products 

Vegetative propagating material and 
seeds for cultivation 

A 

F 

Origin: products of categories A and F that have been grown in India. 

3.7. Japan 

Category of products  

Unprocessed plant products 

Processed agricultural products for use as 
food (wine not included) 

A 

D 

Composed essentially of one or more 
ingredients of plant origin 

Origin:  products  of  category  A  that  have  been  grown  in  Japan  and  products  of  category  D 
processed  in  Japan  with  organically  grown  ingredients  that  have  been  grown  in  Japan  or  that 

7 

 - 

 - 

Remarks 

- 

 
 
have been imported into Japan either from the Union or from a third country for which Japan has 
recognised  that  the  products  have  been  produced  and  controlled  in  that  third  country  in 
accordance  with  rules  equivalent  to  those  laid  down  in  the  Japanese  legislation.  The  EU  was 
granted similar possibilities for the export of organic products, EU operators can use ingredients 
imported according to the EU legislation.  

3.8. Republic of Korea  

Category of products  

Processed agricultural products for use as 
food 

D 

Remarks 

- 

Origin:  products  of  category  D  processed  in  the  Republic  of  Korea  with  organically  grown 
ingredients that have been grown in the Republic of Korea or that have been imported into the 
Republic of Korea either from the Union or from a third country for which the Republic of Korea 
has  recognised  that  the  products  have  been  produced  and  controlled  in  that  third  country  in 
accordance  with  the  rules  equivalent  to  those  laid  down  in  the  legislation  of  the  Republic  of 
Korea. The EU was granted similar possibilities for the export of organic products.  

3.9. New Zealand  

Category of products  

Remarks 

Unprocessed plant products 

Live animals or unprocessed animal 
products 

Processed agricultural products for use as 
food (yeast not included) 

Vegetative propagating material and seeds 
for cultivation 

A 

B 

D 

F 

- 

- 

- 

- 

Origin: products of category A, B and F that have been grown in New Zealand and products of 
category D processed in New Zealand with organically grown ingredients that have been grown 
in New Zealand or that have been imported into New Zealand either from the Union, or from a 
third country in the framework of a regime which is recognised as equivalent in accordance with 
Article 33(2) of Regulation (EC) No 834/2007, or from a third country whose rules of production 
and  inspection  have  been  recognised  as  equivalent  by  New  Zealand  and  provided  that  only 
organically  produced  ingredients  intended  to  be  incorporated,  up  to  a  maximum  of  5  %  of 
products of agricultural origin, in products of category D prepared in New Zealand are imported. 
The EU was granted similar possibilities for the export of organic products.  

8 

 
 
3.10. 

Tunisia  

Category of products  

Unprocessed plant products 

Processed agricultural products for use as 
food (wine and yeast not included) 

A 

D 

Remarks 

- 

Composed essentially of one or more 
ingredients of plant origin 

Vegetative propagating material and seeds 
for cultivation 
Origin: products of categories A and F that have been grown in Tunisia and products of category 
D processed in Tunisia with organically grown ingredients that have been grown in Tunisia. 

F 

- 

3.11. 

United States  

Product categories 

Category of products or products 

Unprocessed plant products 
Live animals or unprocessed animal 
products 
Processed agricultural products for use 
as food  
Processed agricultural products for use 
as feed 
Vegetative propagating material and 
seeds for cultivation 

A 
B 

D 

E 

F 

Remarks 
- 
- 

- 

- 

- 

Origin:  products  of  categories  A,  B  and  F  and  organically  grown  ingredients  in  products  of 
categories D and E that  have been  grown in  the  United States, or have been imported into the 
United States and processed or packaged in the United States in accordance with US legislation. 
The EU was granted similar possibilities for the export of organic products.  

9