COMMISSION IMPLEMENTING REGULATION (EU) …/...
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amending Implementing Regulation (EU) 2021/2325 as regards the recognition of certain control authorities and control bodies for the purpose of importing organic products into the Union
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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 1 , and in particular Article 48(3) and Article 57(2) thereof,
Whereas:
(1)Annex I to Commission Implementing Regulation (EU) 2021/2325 2 sets out the list of third countries whose systems of production and control measures for organic production of agricultural products are recognised as equivalent to those laid down in Council Regulation (EC) No 834/2007 3 .
(2)India has informed the Commission that its competent authority has withdrawn the accreditation of the control bodies ‘APOF Organic Certification Agency’ (AOCA- IN-ORG-002), ‘Bhumaatha Organic Certification Bureau’ (BOCB-IN-ORG-034), ‘Karnataka State Organic Certification Agency’ (IN-ORG-027), and has suspended the accreditation of the control body ‘Faircert Certification Services Pvt Ltd’ (IN-ORG-023).
(3)Japan has informed the Commission that its competent authority has withdrawn the accreditation of the control bodies ‘Japan Grain Inspection Association’ (JP-BIO-039) and ‘OCIA Japan’ (JP-BIO-008).
(4)Japan has informed the Commission that its competent authority has recognised the control body ‘Japan Association for Inspection and Investigation of Food Including Fats and Oils’ (JP-BIO-042).
(5)The Republic of Korea has asked the Commission to recognise, in addition to the Ministry of Agriculture, Food and Rural Affairs, the National Agricultural Products Quality Management Service as competent authority.
(6)Annex II to Implementing Regulation (EU) 2021/2325 sets out the list of control authorities and control bodies recognised for the purpose of equivalence and competent to carry out controls and issue certificates in third countries. In the light of new information and requests received by the Commission since the adoption of Implementing Regulation (EU) 2021/2325, certain changes should be made to that list.
(7)The Commission has received a request by ‘Albinspekt bio.inspecta’ to withdraw its recognition for all the third countries it is recognised for, due to its merger with ‘Bio.inspecta AG’.
(8)A number of consignments of products imported from India and Egypt certified as organic by Biocert International Pvt Ltd’, have been contaminated with products and substances not allowed in organic production and/or conventional production in the Union, including ethylene oxide, which is carcinogenic, mutagenic and toxic for reproduction. This has resulted in a number of notifications in the Organic Farming Information System (OFIS). The levels of contamination found in the consignments have usually exceeded the maximum residue levels for ETO established by Regulation (EC) No 396/2005 4 of the European Parliament and of the Council.
(9)Moreover, ‘Biocert International Pvt Ltd’ has failed to demonstrate that organic products imported under its control have been produced in accordance with production rules and subject to control arrangements equivalent to those laid down in Council Regulation (EC) No 834/2007 and in Commission Regulations (EC) No 889/2008 5 and (EC) No 1235/2008 6 .
(10)Biocert has also failed to demonstrate that all operators controlled by ‘Biocert International Pvt Ltd’ have been subject to control measures of equivalent effectiveness and that such control measures have been permanently and effectively applied in accordance with Article 33(1), point (b), of Regulation (EC) No 834/2007.
(11)In addition, ‘Biocert International Pvt Ltd’ has failed to take adequate corrective measures in response to the irregularities and infringements observed.
(12)Finally, the accreditation body IOAS has informed the Commission about the withdrawal of its ISO/IEC 17065 accreditation of ‘Biocert International Pvt Ltd’ for all product categories and in all third countries for which it was accredited due to failure to comply with previous sanctions, to take the specified required actions and to resolve non-conformities.