(EU) 760/2022 - A new Delegated Regulation EU 2022/760 has been issued. This Regulation amends Delegated Regulation 2021/2306, specifically in regard to Certificates of Inspection issued by control authorities and/or control bodies based in Ukraine.

The amendments are to Article 11 of Regulation 2021/2306. In consideration of the situation in Ukraine, the amendment allows control authorities’ and/or control bodies’ staff based in Ukraine to issue CoIs for exports from Ukraine to the EU, without applying qualified electronic seal in Box 18 of these CoIs, if such seal is not made available to that staff. Further the Regulation defines that border controls of the EU-member states may endorse such CoIs in TRACES with qualified electronic seal or on paper.

The provisions of Regulation EU 2022/760 are enforced retroactively as of 24th February 2022 and apply until 30th June 2022.

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32022R0760&qid=1652952526300

(EU) 2304/2021 - Delegated Regulation (EU) 2021/2304 – sets rules for issuance of additional/complimentary certificates for non-use of antibiotics in organic animal products exported from the EU to other countries, including a template of such complimentary certificates. This Regulation applies only for organic animal products leaving the EU.

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.L_.2021.461.01.0002.01.ENG&toc=OJ%3AL%3A2021%3A461%3ATOC

(EU) 2305/2021 - Delegated Regulation (EU) 2021/2305 – defines rules on cases where imported organic and in-conversion products into the EU are NOT subject to official controls at BCPs (border control points) at the EU. The Regulation does not set and/or contain actions of the certification bodies of the exporting parties.

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.L_.2021.461.01.0005.01.ENG&toc=OJ%3AL%3A2021%3A461%3ATOC

(EU) 2306/2021 - Delegated Regulation (EU) 2021/2306 – contains rules on the official controls in respect of consignments of organic products and in-conversion products intended for import into the Union and on the Certificates of Inspection (CoI), including a template of the CoI. This Regulation includes requirements related to documentary checks for verification in third countries of consignments of products intended to be exported to the EU as organic products or in-conversion products, the issuance of the CoIs and use of TRACES for that purpose. Note that this secondary act contains also contingency arrangements for use of TRACES in certain situations (see Article 8). The Regulation further sets a deadline for expiry of use of paper CoIs – see Article 11. Regulation (EU) 2021/2306 repeals Regulation (EC) No 1235/2008, however pending CoIs issued before 1st January 2022 and/or pending CoIs submitted by importers before 1st January may still be issued in accordance with (EC) No 1235/2008.

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.L_.2021.461.01.0013.01.ENG&toc=OJ%3AL%3A2021%3A461%3ATOC

(EU) 2307/2021 - Implementing Regulation (EU) 2021/2307 – laying down rules on documents and notifications required for organic and in-conversion products intended for import into the Union, such as notifications before arrival of the products at the EU border, specific information in CoIs, extracts of CoIs, transitional provisions for paper CoIs, including template of extract of CoI.

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.L_.2021.461.01.0030.01.ENG&toc=OJ%3AL%3A2021%3A461%3ATOC

(EU) 2325/2021 - Regulation (EU) 2021/2325 -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.

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32021R2325&qid=1640947845981

(EU) 2119/2021 - Regulation (EU) 2119/2021 has been published, defining that certification bodies have to issue certificates in accordance with the model defined in Annex VI of Regulation EU 848/2018, as amended by EU 1378/2021, in electronic form, via TRACES.

In addition, the new Act defines requirements to records keeping by operators and to declarations and other communications necessary for controls.

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32021R2119&qid=1638439753882

(EU) 1342/2021 - 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

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.L_.2021.292.01.0020.01.ENG&toc=OJ%3AL%3A2021%3A292%3ATOC

(EU) 1378/2021 - A new implementing regulation on the model of certificate has been published. Annex II of Implementing regulation EU 1378/2021 now defines the categories in the scope of the new EU organic Regulation as follows:

A: Unprocessed plants and plant products, including seeds and other plant reproductive material;

B: Livestock and unprocessed livestock products;

C: Algae and unprocessed aquaculture products;

D: Processed agricultural products, including aquaculture products, for use as food;

E: Feed;

F: Wine;

G: Other products listed in Annex I to Regulation (EU) 2018/848 or not covered by the previous categories.

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32021R1378&qid=1629706186031

(EU) 1189/2021 - Regulation EU 1189/2021 amending Regulation EU 848/2018 regards the production and marketing of plant reproductive material of organic heterogeneous material of particular genera or species. Although the delegated Regulation is dated May 2021 it was officially published on 20th July 2021 and enters into force on 1st January 2022.

https://eur-lex.europa.eu/legal-content/EN/TXT/?toc=OJ%3AL%3A2021%3A258%3ATOC&uri=uriserv%3AOJ.L_.2021.258.01.0018.01.ENG

(EU) 1165/2021 - The Regulation will come into force from 1st January 2022, except of Articles 5(1-3) and 7 which come into effect on 1st January 2024, and includes:

General rules on allowed inputs and substances and their inclusion in positive lists

New Annex I: Plant Protection Products

New Annex II: Fertilisers

New Annex III: products for feed

New Annex IV: Cleaning and Disinfection Products – with transitional rules

New Annex V: products for food and yeast – transitional rules for the list of non-organic ingredients

New Annex VI: products authorised for use in Third Countries (empty)

Please note that this Implementing Regulation introduces the possibility that a certification body proposes substances and/or inputs for approval to the COMM for use in area/s (countries) outside of the EU. The relevant steps for such proposals and approval are defined in Article 10 of the attached Regulation.

Further from the above, Annexes VII and IX of Reg. EC 889/2008 will continue to apply until 31st December 2023 i.e the operators will have around two years to find and switch to use of cleaning substances satisfying Regulation EU 1165 and/or suppliers of non-organic agricultural ingredients as allowed by EU 1165/2021.

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.L_.2021.253.01.0013.01.ENG&toc=OJ%3AL%3A2021%3A253%3ATOC

(EU) 1006/2021 -Commission Delegated Regulation (EU) 2021/1006 of 12 April 2021 amending Regulation (EU) 2018/848 of the European Parliament and of the Council as regards the model of the certificate attesting compliance with the rules on organic production

https://eur-lex.europa.eu/eli/reg_del/2021/1006/oj

(EU) 771/2021 -The Delegated Regulation (EU) 2021/771 is about traceability and mass balance checks to be done during the physical on-the-spot inspection and about controls on group of operators.

This is the 9th secondary act published out of 23 expected by the end of the year.

Commission Delegated Regulation (EU) 2021/771 of 21 January 2021 supplements Regulation (EU) 2018/848 of the European Parliament and of the Council by laying down specific criteria and conditions for the checks of documentary accounts in the framework of official controls in organic production and the official controls of groups of operators.

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.L_.2021.165.01.0025.01.ENG&toc=OJ%3AL%3A2021%3A165%3ATOC

(EU) 279/2021 -Regulation EU 279/2021 on additional controls, sampling, catalogues of measures by CBs, producers groups and labelling has been published. This new Regulation establishes additional requirements for:

Procedural steps to be followed by the operator in case of detection of residues of non-allowed products & substances

Official investigation methodology (for certification bodies)

Use of indications in labelling of in-conversion products

Composition and dimension of group of operators (maximum 2000 members per group now official)

Documents and records for groups of operators and notification from the ICS manager

Minimum percentages of controls and samplings

Measures in case of non-established non-compliances

Exchange of information

Annex I: National catalogues of measures

Annex II: OFIS template for irregularities notifications by EU-member states

This Regulation comes into force on 1st January 2022.

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32021R0279&qid=1614090248644

(EU) 427/2020 - Commission Delegated Regulation (EU) 2020/427 of 13 January 2020 amending Annex II to Regulation (EU) 2018/848 of the European Parliament and of the Council as regards certain detailed production rules for organic products

https://eur-lex.europa.eu/eli/reg_del/2020/427/oj

(EU) 2146/2020 -Commission Delegated Regulation (EU) 2020/2146 of 24 September 2020 supplementing Regulation (EU) 2018/848 of the European Parliament and of the Council as regards exceptional production rules in organic production

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32020R2146

(EU) 464/2020 -Commission Implementing Regulation (EU) 2020/464 of 26 March 2020 laying down certain rules for the application of Regulation (EU) 2018/848 of the European Parliament and of the Council as regards the documents needed for the retroactive recognition of periods for the purpose of conversion, the production of organic products and information to be provided by Member States

https://eur-lex.europa.eu/eli/reg_impl/2020/464/oj