(1)

In accordance with Article 35(1), point (a), of Regulation (EU) 2018/848, the certificate provided by the competent authorities or, where appropriate, control authorities or control bodies to operators or groups of operators is to be issued in electronic form wherever possible. With the development and full deployment of the electronic Trade Control and Expert System (TRACES) referred to in Article 2, point (36), of Commission Implementing Regulation (EU) 2019/1715 (2), the issuance of certificates in electronic form will become possible from 1 January 2023 for all competent authorities, control authorities and control bodies in the Union. For this reason, it is necessary to provide that the certificate referred to in Article 35 of Regulation (EU) 2018/848 has to be issued in electronic form, using TRACES from 1 January 2023.

(2)

Regulation (EU) 2018/848 requires operators and groups of operators to keep records to demonstrate their compliance with that Regulation. Certain minimum record-keeping requirements and details are laid down in Article 9(10), point (c), and Article 34(5) of Regulation (EU) 2018/848 and in Annexes II and III to that Regulation.

(3)

In accordance with the general production rules of Regulation (EU) 2018/848, preventive and precautionary measures must be put in place, where appropriate, at every stage of production, preparation and distribution. For that reason, the relevant official controls include, in particular, the verification of the application of such measures by operators and groups of operators. Although the application of some of those measures can be verified by physical on-the-spot inspections, for other measures records are necessary to demonstrate their application. Therefore, operators and groups of operators should keep those records to allow them to provide evidence when needed. For example, evidence of measures taken to avoid contamination with non-authorised products and substances and the commingling with non-organic products can be provided by keeping proof of cleaning of facilities, equipment and transport vehicles, and proof of training.

(4)

Documentary accounts are also relevant for traceability purposes and mass balance, and consequently for the assessment of compliance with Regulation (EU) 2018/848. The traceability and mass balance checks under Commission Delegated Regulation (EU) 2021/771 (3) cover specific information that is to be justified by appropriate documents. Operators and groups of operators should keep those documents in order to provide evidence of compliance of their activities.

(5)

In accordance with Article 38(2) of Regulation (EU) 2018/848, official controls are to be performed in particular based on the likelihood of non-compliance. For that purpose, competent authorities or, where appropriate, control authorities or control bodies need relevant information. Therefore, Article 39(1), point (b), of Regulation (EU) 2018/848 requires operators and groups of operators to make all declarations and other communications that are necessary for official controls. In addition, Article 39(1), point (d)(i), of that Regulation requires, inter alia, a full description of their organic or in-conversion production units and of their activities.

(6)

In order to ensure that official controls can be appropriately planned, it is necessary to specify the information that is to be included in those declarations and other communications, in particular, information relating to the activities that are subcontracted and certain details of the production units and other premises, facilities and units used for the activities of the operators and groups of operators, and the planned forecast of production.

(7)

In accordance with Article 1, first paragraph and second paragraph, point (a), of Commission Implementing Regulation (EU) 2021/1378 (4), which applies from 1 January 2022, control authorities and control bodies recognised in accordance with Article 46(1) of Regulation (EU) 2018/848 are to provide operators, groups of operators and exporters in third countries that have been subject to the controls referred to in Article 45(1), point (b)(i), of that Regulation with a certificate, to be issued in electronic form and by using TRACES. As the use of TRACES will not be possible before 1 January 2023, it is necessary to defer the obligation to use TRACES also in Implementing Regulation (EU) 2021/1378.

(8)

Implementing Regulation (EU) 2021/1378 should therefore be amended accordingly.

(9)

In the interest of clarity and legal certainty, this Regulation should apply from the date of application of Regulation (EU) 2018/848. However, the provision on the use of TRACES should apply from 1 January 2023.

(10)

The measures provided for in this Regulation are in accordance with the opinion of the Organic Production Committee,

(a)

in accordance with the model set out in Annex VI to Regulation (EU) 2018/848;

(b)

in electronic form, using the electronic Trade Control and Expert System (TRACES) referred to in Article 2, point (36), of Implementing Regulation (EU) 2019/1715.

(a)

which activities covered by the certificate referred to in Article 35(1) of Regulation (EU) 2018/848 are subcontracted;

(b)

the address or the geolocation of the organic, in-conversion and non-organic production units, the area of collection of wild plants or algae and of other premises and units used for their activities;

(c)

in case of holdings split into different production units in accordance with Article 9(7) of Regulation (EU) 2018/848, the description and the address or geolocation of the non-organic production units;

(d)

their planned forecast of production.

(1)

in Article 1, second paragraph, point (a) is replaced by the following:

(*1)  Commission Implementing Regulation (EU) 2019/1715 of 30 September 2019 laying down rules for the functioning of the information management system for official controls and its system components (the IMSOC Regulation) (OJ L 261, 14.10.2019, p. 37).’;"

(2)

in Article 3, the following third paragraph is added:

‘Article 1, second paragraph, point (a)(ii), shall apply from 1 January 2023.’.