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Commission Implementing Regulation (EU) 2021/2307 of 21 October 2021 laying down rules on documents and notifications required for organic and in-conversion products intended for import into the Union (Text with EEA relevance)Text with EEA relevance

Commission Implementing Regulation (EU) 2021/2307 of 21 October 2021 laying down rules on documents and notifications required for organic and in-conversion products intended for import into the Union (Text with EEA relevance)Text with EEA relevance

Article 1 Subject matter

This Regulation lays down rules on:

  1. the declarations and communications by importers, operators responsible for the consignments, first consignees and consignees for the import of products from third countries for the purpose of placing those products on the market within the Union as organic products or in-conversion products; and

  2. the notification by the competent authorities of the Member States of suspected or established non-compliance of consignments.

Article 2 Definitions

For the purposes of this Regulation, the following definitions apply:

  1. ‘importer’ means a natural or legal person established in the Union and subject to the control system referred to in Regulation (EU) 2018/848, who presents the consignment for release for free circulation in the Union either on its own, or through a representative;

  2. ‘operator responsible for the consignment’ means, for the purposes of Article 6(4) of Delegated Regulation (EU) 2021/2306 and Commission Delegated Regulation (EU) 2019/2123(1), either the importer or a natural or legal person established in the Union who presents the consignment at the border control post on behalf of the importer;

  3. ‘first consignee’ means a natural or legal person established in the Union and subject to the control system referred to in Regulation (EU) 2018/848 to whom the consignment is delivered by the importer after the release for free circulation and who receives it for further preparation and/or marketing;

  4. ‘consignee’ means a natural or legal person established in the Union and subject to the control system referred to in Regulation (EU) 2018/848 to whom the batch obtained from the splitting of a consignment is delivered by the importer after the release for free circulation and who receives it for further preparation and/or marketing;

  5. ‘consignment’ means a consignment, as defined in Article 3, point (37), of Regulation (EU) 2017/625 of the European Parliament and of the Council(2), of products intended to be placed on the market within the Union as organic products or in-conversion products; however, in case of organic products and in-conversion products exempted from official controls at border control posts in accordance with Commission Delegated Regulation (EU) 2021/2305(3), it means a quantity of products under one or more Combined Nomenclature codes, covered by a single certificate of inspection, conveyed by the same means of transport and imported from the same third country.

Article 3 Prior notification of arrival

1.

For each consignment, the importer or, where appropriate, the operator responsible for the consignment, shall give prior notification of the arrival of the consignment at the border control post or the point of release for free circulation by completing and submitting in the Trade Control and Expert System (TRACES) referred to in Article 2, point (36), of Commission Implementing Regulation (EU) 2019/1715(4) the relevant part of the certificate of inspection in accordance with the model and the notes set out in the Annex to Delegated Regulation (EU) 2021/2306 to the following entities:

  1. the competent authority referred to in Article 6 of Delegated Regulation (EU) 2021/2306;

  2. the control authority or control body of the importer.

2.

For each consignment subject to official controls at border control posts, paragraph 1 shall apply in addition to the requirements on prior notification to the competent authorities at the border control posts of arrival of consignments pursuant to Article 56(3), point (a), of Regulation (EU) 2017/625.

3.

Prior notifications pursuant to paragraph 1 shall be given in accordance with the minimum time requirements laid down in Commission Implementing Regulation (EU) 2019/1013(5).

Article 4 Certificate of inspection and extract of the certificate of inspection

1.

The importer and the first consignee shall complete the certificate of inspection in TRACES as follows:

  1. in box 23 on special customs procedures, the importer shall complete in TRACES all the information, except the information on the verification carried out by the relevant competent authority;

  2. in box 24 on the first consignee, the importer shall complete in TRACES the information if the information has not been filled in by the control authority or control body in the third country before the verification of the consignment and the endorsement of the certificate of inspection by the competent authority; and

  3. box 31 on the declaration of the first consignee shall be completed in TRACES by the first consignee at the reception of the consignment after its release for free circulation.

2.

If the decision taken on the consignment in accordance with Article 6(3) of Delegated Regulation (EU) 2021/2306 indicates that the consignment is to be released for free circulation, the importer shall report the number of the certificate of inspection in the customs declaration for release for free circulation as referred to in Article 158(1) of Regulation (EU) No 952/2013 of the European Parliament and of the Council(6).

3.

Where a consignment is split into different batches under customs supervision and before the release for free circulation in accordance with Article 6(6) of Delegated Regulation (EU) 2021/2306, the importer shall complete and submit an extract of the certificate of inspection through TRACES for each of the batches in accordance with the model and the notes set out in the Annex to this Regulation.

The same applies if a consignment is split into different batches in accordance with Article 7(3) of Delegated Regulation (EU) 2021/2306 after the verification and the endorsement of the certificate of inspection.

If the decision in relation to a batch recorded in the extract of the certificate of inspection in accordance with Articles 6(6) and 7(4) of Delegated Regulation (EU) 2021/2306 indicates that the batch is to be released for free circulation, the number of the extract of the certificate of inspection shall be reported in the customs declaration for release for free circulation as referred to in Article 158(1) of Regulation EU) No 952/2013.

The consignee shall, at the reception of a batch, complete in TRACES box 13 of the extract of the certificate of inspection, confirming whether, at the reception of the batch, the packaging or container and, where relevant, the certificate of inspection are in accordance with point 6 of Annex III to Regulation (EU) 2018/848.

4.

The extract of the certificate of inspection shall be drawn up in the official language or in one of the official languages of the Member State where the batch is to be released for free circulation. A Member State may consent to an extract of the certificates being drawn up in another official language of the Union and accompanied, if necessary, by an authenticated translation.

Article 5 Documentary accounts

Upon request by the relevant competent authority, control authority or control body, the importer, the first consignee or the consignee shall provide the certificate of inspection or, where relevant, the extract of the certificate of inspection in which they are mentioned.

Article 6 Description of the production units and activities

Article 7 Notification of suspected or established non-compliance

Article 8 Transitional provisions for paper certificates of inspection and extracts thereof

Article 9 Entry into force and application

ANNEX