New Regulation EU 392/2013 on the control system for organic production

On the Official Journal of the European Union no. 118 of 30 April 2013 has been published the Regulation (EU) no. 392/2013 of 29 April 2013, amending Regulation (EC) no. 889/2008 as regards the control system for organic production.

Detailed rules for the application of that control system are laid down in Title IV of Commission Regulation (EC) no. 889/2008, laying down detailed rules for the implementation of Council Regulation (EC) no. 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control.

This Regulation introduces some amendments to the Regulation (EC) no. 889/2008, such as:

– Article 63(2):

(d) in cases where the operator and/or the subcontractors of that operator are checked by different control authorities or control bodies in accordance with the control system set up by Member State concerned, they accept the exchange of information between those authorities or bodies;

(e) in cases where the operator and/or the subcontractors of that operator change their control authority or control body, they accept the transmission of their control files to the subsequent control authority or control body;

(f) in cases where the operator withdraws from the control system, they accept to inform without delay the relevant competent authority and control authority or control body;

(g) in cases where the operator withdraws from the control system, they accept that the control file is kept for a period of at least five years;

(h) they accept to inform the relevant control authority or authorities or control body or bodies without delay of any irregularity or infringement affecting the organic status of their product or organic products received from other operators or subcontractors.

– Article 65 (2), related to the number of samples that control Authorities must take during their checks:

“The number of samples to be taken and analysed by the control authority or control body every year shall correspond to at least 5 % of the number of operators under its control. The selection of the operators where samples have to be taken shall be based on the general evaluation of the risk of non-compliance with the organic production rules. This general evaluation shall take into account all stages of production, preparation and distribution. The control authority or control body shall take and analyse samples in each case where the use of products or tech­niques not authorised for organic production is suspected. In such cases no minimum number of samples to be taken and analysed shall apply.”

– Art. 92 and 92 b clarify the procedure relating to the exchange of information between Member States in cases of irregularities or infringements;

– To the Title IV is added the Chapter 9 “Supervision by competent authorities”, related control Authorities internal procedures concerning checks, as well as the audit of the processing of non-compliance, appeals and complaints.

It shall apply from 1 January 2014.

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