Organic Regulations

A new EU Organic Regulation has come into force in the EU member states on 01.01.2022, while for operators in third countries, there will be a transitional period until 31.12.2024 to switch to certification according to the new regulation. The amended regulation aims at guaranteeing fair competition to producers, prevent fraud and increase consumer confidence in organic products. It consists of the basic act Regulation (EU) 2018/848, as well as secondary legislations (so called delegating and implementing acts). 

The European Commission has adopted the following legal acts.

Ø  Implementing Regulation (EU) 2020/464, which provides rules for applying Regulation (EU) 2018/848 as regards: the documents needed for the retroactive recognition of periods for the purpose of conversion;

the production of organic products; the information Member States need to provide to the Commission.

Ø  Implementing Regulation (EU) 2021/279, which provides rules for: official investigations in cases of suspicion of non-compliance; the size of operator groups and the documentation of their system of internal controls; minimum control requirements; the national catalogue of measures in cases of non-compliance; the exchange of information between the Member States and the Commission.

Ø  Implementing Regulation (EU) 2021/1165, which authorises certain products and substances for use in organic production and establishes their lists.

Ø  Implementing Regulation (EU) 2021/1378, which provides rules for the certificate issued to operators, groups of operators and exporters in non-EU countries involved in the imports of organic and in-conversion products into the EU, and for establishing the list of recognised control authorities and control bodies.

Ø  Implementing Regulation (EU) 2021/1935 amending Implementing Regulation (EU) 2019/723, which provides information and data on organic production and the labelling of organic products to be submitted by means of the standard model form to be used in annual reports submitted by Member States in relation to Regulation (EU) 2017/625.

Ø  Implementing Regulation (EU) 2021/2119, which provides detailed rules for certain records and declarations required from operators and groups of operators and on the technical means for the issuance of certificates, and which introduced amendments to Implementing Regulation (EU) 2021/1378 regarding the issuance of the certificate for operators, groups of operators and exporters in non-EU countries.

Ø  Implementing Regulation (EU) 2021/2307, which provides rules for documents and notifications required for organic and in-conversion products intended for import into the EU.

Ø  Implementing Regulation (EU) 2021/2325, establishing the list of non-EU countries and the list of control authorities and control bodies recognised under Regulation (EC) No 834/2007 for the purpose of importing organic products into the EU.

The Commission has adopted several delegated acts amending Regulation (EU) 2018/848 or its annexes.

Ø  Delegated Regulation (EU) 2020/427 amends Annex II to Regulation (EU) 2018/848 as regards certain detailed production rules for organic products. This was amended in turn by Delegated Regulation (EU) 2021/269.

Ø  Delegated Regulation (EU) 2020/1794 amends Part I of Annex II to Regulation (EU) 2018/848 as regards the use of in-conversion and non-organic plant reproductive material.

Ø  Delegated Regulation (EU) 2021/642 amends Annex III to Regulation (EU) 2018/848 as regards certain information to be provided on the labelling of organic products.

Ø  Delegated Regulation (EU) 2021/715 amends Regulation (EU) 2018/848 as regards the requirements for groups of operators.

Ø  Delegated Regulation (EU) 2021/716 amends Annex II to Regulation (EU) 2018/848 as regards organic production rules on sprouted seeds and chicory heads, on feed for certain aquaculture animals and on aquaculture parasite treatments.

Ø  Delegated Regulation (EU) 2021/1006 amends Regulation (EU) 2018/848 as regards the model of the certificate attesting compliance with the rules on organic production.

Ø  Delegated Regulation (EU) 2021/1691 of 12 July 2021 amends Annex II to Regulation (EU) 2018/848 as regards the requirements for record-keeping for operators in organic production.

Ø  Delegated Regulation (EU) 2021/1697 amends Regulation (EU) 2018/848 as regards the criteria for the recognition of control authorities and control bodies that are competent to carry out controls on organic products in non-EU countries, and for the withdrawal of their recognition.

In addition, other delegated regulations supplement Regulation (EU) 2018/848:

Ø  Delegated Regulation (EU) 2019/2123 – rules for the cases where and the conditions under which identity checks and physical checks on certain goods may be performed at control points, and documentary checks may be performed at distance from border control posts, later amended by Delegated Regulation (EU) 2021/2305.

Ø  Delegated Regulation (EU) 2019/2124 – rules for official controls of consignments of animals and goods in transit, transshipment and onward transportation through the EU, later amended by Delegated Regulations (EU) 2020/2190 and (EU) 2021/2305.

Ø  Delegated Regulation (EU) 2020/2146 – exceptional production rules in organic production.

Ø  Delegated Regulation (EU) 2021/771 – specific criteria and conditions for the checks of documentary accounts in the context of official controls in organic production and the official controls of groups of operators.

Ø  Delegated Regulation (EU) 2021/1189 – the production and marketing of plant reproductive material of organic heterogeneous material of particular genera or species.

Ø  Delegated Regulation (EU) 2021/1342 – rules on the information to be sent by non-EU countries and by control authorities and control bodies for the purpose of supervision of their recognition under Regulation (EC) No 834/2007 for imported organic products and the measures to be taken in the exercise of that supervision.

Ø  Delegated Regulation (EU) 2021/1698 – procedural requirements for recognising control authorities and control bodies that are competent to carry out controls on operators and groups of operators that are certified organic and on organic products in non-EU countries, the rules on their supervision and the controls and other actions to be performed by those control authorities and control bodies.

Ø  Delegated Regulation (EU) 2021/2304 – rules on the issuance of complementary certificates certifying the non-use of antibiotics in the organic production of animal products for the purpose of export.

Ø  Delegated Regulation (EU) 2021/2305 – rules on the cases where and conditions under which organic products and in-conversion products are exempted from official controls at border control posts, the place of official controls for such products.

Ø  Delegated Regulation (EU) 2021/2306 – rules on the official controls in respect of consignments of organic products and in-conversion products intended for import into the EU and on the certificate of inspection.