Ga verder naar contentGa verder naar content en skip ook inhoudsopgave
In- en Uitvoer
Home

Commission Delegated Regulation (EU) 2021/2305 of 21 October 2021 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council with 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 and amending Commission Delegated Regulations (EU) 2019/2123 and (EU) 2019/2124 (Text with EEA relevance)

Commission Delegated Regulation (EU) 2021/2305 of 21 October 2021 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council with 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 and amending Commission Delegated Regulations (EU) 2019/2123 and (EU) 2019/2124 (Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation)(1), and in particular Article 48, point (h), and Articles 51(1), point (a), 53(1), points (a) and (e), and 77(1), point (k), thereof,

Whereas:

  1. Pursuant to Article 45(5) of Regulation (EU) 2018/848 of the European Parliament and of the Council(2), official controls in Member States to verify compliance with the conditions and measures for the import into the Union of products that are intended to be placed on the market within the Union as organic products or in-conversion products, are to be performed at border control posts in accordance with Article 47(1) of Regulation (EU) 2017/625.

  2. Article 47(1) of Regulation (EU) 2017/625 specifies the categories of animals and goods entering the Union from third countries on which competent authorities are to perform official controls at border control posts of first arrival into the Union. Organic products and in-conversion products referred to in Article 45(5) of Regulation (EU) 2018/848 fall within the categories of animals and goods referred to in Article 47(1), point (f), of Regulation (EU) 2017/625, by virtue of that provision of Regulation (EU) 2018/848. In addition, organic products and in-conversion products may fall within the categories of animals and goods referred to in Article 47(1), point (f), of Regulation (EU) 2017/625, also by virtue of acts or rules referred to in that provision, other than Article 45(5) of Regulation (EU) 2018/848. Similarly, organic and in-conversion products may also fall within the categories of animals and goods referred to in Article 47(1), points (a) to (e), of Regulation (EU) 2017/625, provided that they meet the relevant requirements.

  3. In accordance with Article 48, point (h), of Regulation (EU) 2017/625, animals and goods posing a low risk or no specific risk may be exempted from official controls at border control posts. Article 3, point (24), of Regulation (EU) 2017/625 defines ‘risk’ with reference to adverse effects on human, animal or plant health, animal welfare or the environment, but not in relation to the quality of food. Organic products and in-conversion products entering the Union may be considered as posing a low risk or no specific risk to human, animal or plant health, animal welfare or to the environment, where they do not fall within the categories of animals and goods subject to official controls at border control posts pursuant to Article 47(1), points (a) to (e), of Regulation (EU) 2017/625, or within the categories of animals and goods referred to in Article 47(1), point (f), of Regulation (EU) 2017/625, in relation to whose entry into the Union conditions or measures have been established in accordance with Article 126 or 128 of Regulation (EU) 2017/625 respectively, or with the rules referred to in Article 1(2), points (a) to (h) and (j), of that Regulation, which require that compliance with those conditions or measures be ascertained at the entry of the animals and goods into the Union. Therefore, it is appropriate to exempt such products from official controls at border control posts.

  4. Official controls of organic products and in-conversion products intended to be placed on the Union market that are exempted from official controls at border control posts in accordance with this Regulation should be carried out at the point of release for free circulation into the Union. Member States should inform the Commission of the points of release for free circulation where such controls are performed. The Commission should keep up-to-date in the Trade Control Expert System (TRACES) referred to in Article 133(4) of Regulation (EU) 2017/625 the list of points of release for free circulation.

  5. Commission Delegated Regulation (EU) 2019/2123(3) enables competent authorities at border control posts to allow the performance of identity and physical checks at a control point other than a border control post on consignments of plants, plant products and other objects referred to in Article 47(1), points (c) and (e), of Regulation (EU) 2017/625 and on consignments of food and feed of non-animal origin subject to measures provided for by the acts referred to in points (d), (e) and (f) of Article 47(1) of that Regulation. Similarly, Delegated Regulation (EU) 2019/2123 enables competent authorities to perform documentary checks at distance from a border control post on consignments of plants, plant products, and other objects referred to in Articles 72(1) and 74(1) of Regulation (EU) 2016/2031 of the European Parliament and of the Council(4). However, Delegated Regulation (EU) 2019/2123 does not apply to consignments of plants, plant products and other objects referred to in Article 47(1), points (c) and (e), of Regulation (EU) 2017/625 if they are organic products or in-conversion products subject to official controls at border control posts pursuant to Article 45(5) of Regulation (EU) 2018/848.

  6. In order to ensure the application of Delegated Regulation (EU) 2019/2123 to consignments of plants, plant products and other objects referred to in Article 47(1), points (c) and (e), of Regulation (EU) 2017/625 that are organic products or in-conversion products subject to official controls at border control posts pursuant to Article 45(5) of Regulation (EU) 2018/848, it is necessary to extend its scope. In addition, provisions should be established in Delegated Regulation (EU) 2019/2123 setting out the cases where, and the conditions under which, identity and physical checks may be performed at a control point other than a border control post in relation to consignments of certain products subject to official controls at border control posts pursuant to Article 45(5) of Regulation (EU) 2018/848.

  7. In order to facilitate the swift handling of animals and goods entering the Union, the competent authorities at border control posts should be permitted to authorise the onward transportation to the place of final destination pending the availability of the results of laboratory analyses and tests of consignments of plants, plant products and other objects referred to in Article 47(1), points (c) and (e), of Regulation (EU) 2017/625, in accordance with Chapter II of Commission Delegated Regulation (EU) 2019/2124(5), including where such goods are organic products or in-conversion products subject to official controls at border control posts pursuant to Article 45(5) of Regulation (EU) 2018/848.

  8. Delegated Regulations (EU) 2019/2123 and (EU) 2019/2124 should therefore be amended accordingly.

  9. In the interest of clarity and legal certainty, this Regulation should apply from the date of application of Regulation (EU) 2018/848,

HAS ADOPTED THIS REGULATION:

Article 1 Subject matter

This Regulation lays down rules on:

  1. the cases where and the conditions under which certain organic products and in-conversion products entering the Union which pose a low risk or no specific risk to human, animal or plant health, animal welfare or to the environment, are exempted from official controls at border control posts performed for the verification of compliance with the rules on organic production and labelling of organic products;

  2. the place where the official controls for the products referred to in point (a) intended to be placed on the Union market are to be carried out; and

  3. amendments to Delegated Regulations (EU) 2019/2123 and (EU) 2019/2124.

Article 2 Definitions

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

  1. ‘organic product’ means a product as defined in Article 3, point (2), of Regulation (EU) 2018/848;

  2. ‘in-conversion product’ means a product as defined in Article 3, point (7), of Regulation (EU) 2018/848.

Article 3 Organic products and in-conversion products exempted from official controls at border control posts

The following organic products and in-conversion products entering the Union shall be exempted from official controls at the border control post of first arrival into the Union:

  1. organic products and in-conversion products other than those belonging to the categories of animals and goods referred to in Article 47(1), points (a) to (e), of Regulation (EU) 2017/625; and

  2. organic products and in-conversion products belonging to the category of animals and goods referred to in Article 47(1), point (f), of Regulation (EU) 2017/625, other than those in relation to whose entry into the Union conditions or measures have been established by acts adopted in accordance with Article 126 or 128 of Regulation (EU) 2017/625 respectively, or in relation to whose entry into the Union conditions or measures have been established in accordance with the rules referred to in Article 1(2), points (a) to (h) and (j), of that Regulation.

Article 4 Place of official controls on organic products and in-conversion products exempted from official controls at border control posts

1.

For organic products and in-conversion products referred to in Article 3 that are intended to be placed on the Union market, the competent authorities shall carry out the official controls at points of release for free circulation in the Member State in which the consignment is released for free circulation into the Union.

2.

Member States shall inform the Commission of the points of release for free circulation where the competent authorities carry out official controls in accordance with paragraph 1, indicating their name, address and contact details.

The Commission shall keep up-to-date in the Trade Control and Expert System (TRACES) the list of those points of release for free circulation.

3.

Member States shall ensure that competent authorities at the points of release for free circulation referred to in paragraph 1 have the technology and equipment necessary for the efficient operation of TRACES.

Article 5 Amendment to Delegated Regulation (EU) 2019/2123

Article 6 Amendment to Delegated Regulation (EU) 2019/2124

Article 7 Entry into force and application