Commission Implementing Regulation (EU) 2023/1202 of 21 June 2023 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

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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.

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Competent authorities: Ministry of Agriculture, Food and Rural Affairs, www.enviagro.go.kr/portal/en/main.do and National Agricultural Products Quality Management Service (NAQS), www.naqs.go.kr/eng/main/main.do’.

Japan has informed the Commission that its competent authority has withdrawn the accreditation of the control bodies ‘Japan Grain Inspection Association’ (JP-BIO-039) and ‘OCIA Japan’ (JP-BIO-008).

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.

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(6)  Commission Regulation (EC) No 1235/2008 of 8 December 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 334, 12.12.2008, p. 25).

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

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For each of the reasons set out in recitals (8)-(12) above, and in accordance with Article 4(1), points (d)(v) and (vii) of Commission Delegated Regulation (EU) 2021/1342 (7), ‘Biocert International Pvt Ltd’ should be withdrawn from the list of control authorities and control bodies set out in Annex II to Implementing Regulation (EU) 2021/2325.

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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).

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in the table in point 3, the rows for Albania, Bangladesh, Belarus, Bhutan, Cuba, Ethiopia, Guinea-Bissau, India, Iran, Kosovo, Mongolia, Nepal and Pakistan are deleted;

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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).

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 Regulation (EC) No 834/2007 and in Commission Regulations (EC) No 889/2008 (5) and (EC) No 1235/2008 (6).

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.

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 (ETO), 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.

Commission Implementing Regulation (EU) 2023/1202 of 21 June 2023 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

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,

Commission Implementing Regulation (EU) 2023/1202 of 21 June 2023 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

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in the table in point 5 of the entry for ‘INDIA’, the rows for code numbers IN-ORG-002, IN-ORG-023, IN-ORG-027 and IN-ORG-034 are deleted;

(7)  Commission Delegated Regulation (EU) 2021/1342 of 27 May 2021 supplementing Regulation (EU) 2018/848 of the European Parliament and of the Council with rules on the information to be sent by third countries and by control authorities and control bodies for the purpose of supervision of their recognition under Article 33(2) and (3) of Council Regulation (EC) No 834/2007 for imported organic products and the measures to be taken in the exercise of that supervision (OJ L 292, 16.8.2021, p. 20).

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’.

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

In addition, ‘Biocert International Pvt Ltd’ has failed to take adequate corrective measures in response to the irregularities and infringements observed.

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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).

The Commission has received a request by ‘Indocert ’ to withdraw its recognition for Cambodia.

(3)  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).

(4)  Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1).

(5)  Commission Regulation (EC) No 889/2008 of 5 September 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 (OJ L 250, 18.9.2008, p. 1).

The Commission has received a request by ‘Kiwa BCS Öko-Garantie GmbH ’ to withdraw its recognition for Albania, Bangladesh, Belarus, Bhutan, Cuba, Ethiopia, Guinea-Bissau, India, Iran, Kosovo, Mongolia, Nepal and Pakistan. In addition, ‘Kiwa BCS Öko-Garantie GmbH’ has informed the Commission of the change of its internet address.

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(2)  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).

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.