Commission Implementing Regulation (EU) 2022/2240

Contents

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^note, and in particular Articles 35(10), 43(7) and 45(4) thereof,Whereas:

(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. The electronic Trade Control and Expert System (TRACES) referred to in Commission Implementing Regulation (EU) 2019/1715^note provides the means to issue the certificates referred to in Article 35 of Regulation (EU) 2018/848 in electronic form. Commission Implementing Regulation (EU) 2021/2119^note requires the certificate referred to in Article 35 of Regulation (EU) 2018/848 to be issued in electronic form, by using TRACES, from 1 January 2023.

(2)In order to secure the certificates delivered to the operators and group of operators, it is appropriate to introduce the use of a qualified electronic seal as defined in Article 3(27) of Regulation (EU) No 910/2014 of the European Parliament and of the Council^note for the issuance of those certificates. In order to allow all actors concerned to finalise the enrolment for the qualified electronic seal, it is necessary to provide that the certificate referred to in Article 35 of Regulation (EU) 2018/848 should bear a qualified electronic seal from 1 July 2023 onwards.

(3)Implementing Regulation (EU) 2021/2119 should therefore be amended accordingly.

(4)In accordance with Article 1, first paragraph and second paragraph, point (a), of Commission Implementing Regulation (EU) 2021/1378^note 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 from 1 January 2023 onwards.

(5)In order to secure the certificates delivered to those operators, groups of operators and exporters, it is appropriate to introduce the use of a qualified electronic seal for the issuance of those certificates. In order to allow all actors concerned to finalise the enrolment for the qualified electronic seal it is necessary to provide that the certificate for operators, groups of operators and exporters in third countries should bear a qualified electronic seal from 1 July 2023 onwards.

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

(7)In relation to the paper certificate of inspection and to the paper extract of certificates of inspection, endorsed on paper with a hand signature in accordance with Commission Delegated Regulation (EU) 2021/2306^note, Commission Delegated Regulation (EU) 2022/2238^note extended the transitional provisions until 30 November 2022 in order to allow all actors concerned to finalise the enrolment for the qualified electronic seal. This extension should be reflected in the notes for the completion of the model of the extract of the certificate of inspection provided for in Commission Implementing Regulation (EU) 2021/2307^note. Delegated Regulation (EU) 2022/2238 also extended until 30 November 2022, the possibility for an authorised person located in Ukraine of a control authority or a control body which is not equipped with a qualified electronic seal, to produce and submit in TRACES the certificate of inspection in electronic format without the application of a qualified electronic seal in box 18 thereof.

(8)Implementing Regulation (EU) 2021/2307 should therefore be amended accordingly.

(9)Due to the expiry of the transitional period for paper certificates and of the derogation for Ukraine on 30 June 2022, this amendment should apply retroactively as of 1 July 2022.

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

HAS ADOPTED THIS REGULATION:

Article 1Amendment to Implementing Regulation (EU) 2021/2119#

Implementing Regulation (EU) 2021/2119 is amended as follows:

(1)in Article 1, the following paragraph is added:‘The certificate referred to in Article 35(1) of Regulation (EU) 2018/848 shall bear a qualified electronic seal as defined in Article 3, point (27), of Regulation (EU) No 910/2014 of the European Parliament and of the Council^note.

(2)in Article 5, the following paragraph is inserted after the third paragraph:‘Article 1, second paragraph, shall apply from 1 July 2023.’.

Article 2Amendment to Implementing Regulation (EU) 2021/1378#

Implementing Regulation (EU) 2021/1378 is amended as follows:

(1)in Article 1, second paragraph, point (a), the following point (iii) is added:

(iii)it shall bear a qualified electronic seal as defined in Article 3, point (27), of Regulation (EU) No 910/2014 of the European Parliament and of the Council^note;

(2)in Article 3, the following paragraph is inserted after the third paragraph:‘Article 1, second paragraph, point (a)(iii), shall apply from 1 July 2023.’;

(3)Annex I is replaced by the text in the Annex to this Regulation.

Article 3Amendment to Implementing Regulation (EU) 2021/2307#

In Part II of the Annex to Implementing Regulation (EU) 2021/2307, in the fourth paragraph of the notes concerning box 12 and in the second paragraph of the notes concerning box 13, the date ‘30 June 2022’ is replaced by ‘30 November 2022’.

Article 4Entry into force and application#

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.Article 3 shall apply from 1 July 2022.

Annex I · Model of the certificate

Certificate for operators, groups of operators and exporters in third countries for products to be imported into the european union as organic products or in-conversion products

Part I: Mandatory elements

10.List of members of the group of operators as defined in Article 36 of Regulation (EU) 2018/848Name of member | Address or other form of member identification|||

1. Document number	2. (choose as appropriate) ☐Operator☐Group of operators – see point 10☐Exporter
3. Name and address of the operator, group of operators or exporter:	4. Name, address and code number of the control authority or control body of the operator, group of operators or exporter:
5. Activity or activities of the operator, group of operators or exporter (choose as appropriate):
☐ Production
☐ Preparation
☐ Distribution
☐ Storing
☐ Import
☐ Export
6. Category or categories of products as referred to in Article 35(7) of Regulation (EU) 2018/848 of the European Parliament and of the Council and production methods (choose as appropriate):
(a) unprocessed plants and plant products, including seeds and other plant reproductive material Production method: ☐organic production excluding during the conversion period☐production during the conversion period☐organic production with non-organic production
(b) livestock and unprocessed livestock products Production method: ☐organic production excluding during the conversion period☐production during the conversion period☐organic production with non-organic production
(c) algae and unprocessed aquaculture products Production method: ☐organic production excluding during the conversion period☐production during the conversion period☐organic production with non-organic production
(d) processed agricultural products, including aquaculture products, for use as food Production method: ☐production of organic products☐production of in-conversion products☐organic production with non-organic production
(e) feed Production method: ☐production of organic products☐production of in-conversion products☐organic production with non-organic production
(f) wine Production method: ☐production of organic products☐production of in-conversion products☐organic production with non-organic production
(g) other products listed in Annex I to Regulation (EU) 2018/848 or not covered by the previous categories Production method: ☐production of organic products☐production of in-conversion products☐organic production with non-organic production
7. Directory of products:
Name of the product and/or Combined Nomenclature (CN) code as referred to in Council Regulation (EEC) No 2658/87^note for products within the scope of Regulation (EU) 2018/848	☐ Organic☐ In-conversion



This document has been issued in accordance with Commission Implementing Regulation (EU) 2021/1378^note to certify that the operator, group of operators or exporter (choose as appropriate) complies with Regulation (EU) 2018/848
8. Date, placeName and signature on behalf of the issuing control authority or control body, or qualified electronic seal:	9.Certificate valid from… [insert date] to… [insert date]

Part II: Specific optional elements

One or more elements to be completed if so decided by the control authority or control body that issues the certificate to the operator, group of operators or exporter in accordance with Implementing Regulation (EU) 2021/1378

1. Quantity of products

Name of the product and/or CN code as referred to in Regulation (EEC) No 2658/87 for products within the scope of Regulation (EU) 2018/848	☐ Organic☐ In-conversion	Quantity estimated in kilograms, litres or, where relevant, in number of units

2. Information on the land

Name of the product	☐ Organic☐ In-conversion☐ Non-organic	Surface in hectares

3. List of premises or units where the activity is performed by the operator or group of operators

Address or geolocation	Description of the activity or activities as referred to in point 5 of part I

4. Information on the activity or activities carried out by the operator or group of operators and whether the activity is, or the activities are performed for their own purpose or as a subcontractor carrying out the activity or activities for another operator, while the subcontractor remains responsible for the activity or activities performed

Description of the activity or activities as referred to in point 5 of part I	☐ Carrying out activity/activities for own purpose☐ Carrying out activity/activities as a subcontractor for another operator, while the subcontractor remains responsible for the activity or activities performed

5. Information on the activity or activities carried out by the subcontracted third party

Description of the activity or activities as referred to in point 5 of part I	☐ Operator or group of operators remains responsible☐ Subcontracted third party is responsible

6. List of subcontractors carrying out an activity or activities for the operator or group of operators for which the operator or group of operators remains responsible as regards organic production and for which it has not transferred that responsibility to the subcontractor

Name and address	Description of the activity or activities as referred to in point 5 of part I

7. Information on the accreditation of the control body in accordance with point (d) of Article 46(2) of Regulation (EU) 2018/848

(a)name of the accreditation body;

(b)hyperlink to the accreditation certificate.

8. Other information

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