HomeReg. 848/2018 (Non EU Countries)Impl. Reg. 2021-2119
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Stefanos T. Billas
President, A CERT
Company presentation

how can we help you?

Contact us at the A CERT office nearest to you or submit a business inquiry online.

CONTACT A CERT

Having values, we offer strictly professional services and through the recognition and reputation of the A CERT, our associated companies and structures and strategic collaborators, we add value to the products, services, institutes and organizations giving them a competitive advantage and making them capable of achieving a dominant position in national and international level.

Stefanos T. Billas
President, A CERT

Commission Implementing Regulation (EU) 2021/2119

of 1 December 2021

laying down detailed rules on certain records and declarations required from operators and groups of operators and on the technical means for the issuance of certificates in accordance with Regulation (EU) 2018/848 of the European Parliament and of the Council and amending Commission Implementing Regulation (EU) 2021/1378 as regards the issuance of the certificate for operators, groups of operators and exporters in third countries

Article 1

Issuance of the certificate referred to in Article 35(1) of Regulation (EU) 2018/848 in electronic form

The certificate referred to in Article 35(1) of Regulation (EU) 2018/848 shall be issued as follows:

(a) in accordance with the model set out in Annex VI to Regulation (EU) 2018/848;
(b) in electronic form, using the electronic Trade Control and Expert System (TRACES) referred to in Article 2, point (36), of Implementing Regulation (EU) 2019/1715.

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 ( 1 ).

Article 2

Records to be kept by operators and groups of operators

1.  Operators and groups of operators shall keep all the necessary documents, including stock and financial records, that will enable competent authorities or, where appropriate, control authorities or control bodies to carry out, in particular, the following checks:

(a) checks on the preventive and precautionary measures taken in accordance with Article 9(6) and Article 28 of Regulation (EU) 2018/848;
(b) the traceability check in accordance with Article 1(4) of Delegated Regulation (EU) 2021/771;
(c) the mass balance check in accordance with Article 1(5) of Delegated Regulation (EU) 2021/771.
2.  The documents to be kept for the purposes of the checks referred to in paragraph 1, point (a), shall include, in particular, documents confirming that the operator or group of operators has taken the proportionate and appropriate measures in order to:

(a) prevent pests and diseases;
(b) avoid contamination with products and substances that are not authorised for use in organic production in accordance with Regulation (EU) 2018/848 and the commingling with non-organic products.

Article 3

Declarations and other communications necessary for official controls

Operators and groups of operators shall include the following information in their declarations or communications pursuant to Article 39(1), point (b), of Regulation (EU) 2018/848 to the competent authority, control authority or control body that performs official controls:

(a) which activities covered by the certificate referred to in Article 35(1) of Regulation (EU) 2018/848 are subcontracted;
(b) the address or the geolocation of the organic, in-conversion and non-organic production units, the area of collection of wild plants or algae and of other premises and units used for their activities;
(c) in case of holdings split into different production units in accordance with Article 9(7) of Regulation (EU) 2018/848, the description and the address or geolocation of the non-organic production units;
(d) their planned forecast of production.

Those declarations and communications shall be updated where appropriate.

Article 4

Amendment to Implementing Regulation (EU) 2021/1378

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

(1) in Article 1, second paragraph, point (a) is replaced by the following:
‘(a)
be issued as follows:
(i) in accordance with the model set out in Annex I to this Regulation;
(ii) in electronic form by using the electronic Trade Control and Expert System (TRACES) referred to in Article 2, point (36), of Commission Implementing Regulation (EU) 2019/1715 ( *1 );
(2) in Article 3, the following third paragraph is added:

‘Article 1, second paragraph, point (a)(ii), shall apply from 1 January 2023.’.

Article 5

Entry 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.

It shall apply from 1 January 2022.

Article 1, point (b), shall apply from 1 January 2023.

Article 1, second paragraph, shall apply from 1 July 2023.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Applications Documents

Council Regulation

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

This regulation establishes the legal framework for all levels of production, distribution, control and labeling of organic products which may be offered and traded in the EU. It determines the continued development of organic production through the provision of clearly defined goals and principles. General production, control and labeling guidelines were established by the Council Regulation and can therefore only be changed by the European Council of Agricultural Ministers. The previous Regulation (EEC) No. 2092/91 is simultaneously repealed.

The new labeling regulations in connection with the obligatory use of the EU organic logo were postponed until 1 July 2010 by an amendment to the Council Regulation.

Area of applicability

The Council Regulation applies to the following agricultural products, including aquaculture and yeast:

  • Living or unprocessed products
  • Processed foods
  • Animal feed
  • Seeds and propagating material

Collection of wild plants and seaweed is also included in the scope of this Regulation
Not included in its scope:

  • Products from hunting and fishing of wild animals.

Commission Regulations

The following Commission Regulations have been adopted thus far:

In Commission Regulation (EC) No. 889/2008 all levels of plant and animal production are regulated, from the cultivation of land and keeping of animals to the processing and distribution of organic foods and their control. They go into great technical detail and are, for the most part, an extension of the original organic Regulation, except where this was regulated differently in the Council Regulation.

Multiple Annexes are attached to the Commission Regulation. Within these one can find the following:

  • Products permitted in organic farming, such as fertilisers, soil ameliorants and pesticides
  • Minimum requirements on the size of housing and exercise areas including pastures for organic livestock, depending on animal species and development stage.
  • Non-organic animal feed, feed additives and processing aids for the production of compound feed and premixtures permitted in organic farming.
  • Non-organic ingredients, additives and processing aids permitted in organic food production (including yeast production).
  • Requirements on the Community logo.

These Annexes and other parts of this Commission Regulation can be supplemented by the Commission so as to keep them up to date in regard to continuing developments in technology, science and the organic market.

In order to facilitate the implementation of the new rules and to incorporate some expiring exemptions of the previous organic Regulation, transitional measures were laid down.

In addition to EU legislation on organic farming and organic production, organically operating farmers and processors must also adhere to generally applicable rules on agricultural production and processing of agricultural products. That means that all generally applicable rules on the regulation of the production, processing, marketing, labeling and control of agricultural products also apply to organic foods.