Commission Delegated Regulation (EU) 2021/1697 of 13 July 2021 amending Regulation (EU) 2018/848 of the European Parliament and of the Council as regards the criteria for the recognition of control authorities and control bodies that are competent to carry out controls on organic products in third countries, and for the withdrawal of their recognition (Text with EEA relevance)
Commission Delegated Regulation (EU) 2021/1697of 13 July 2021amending Regulation (EU) 2018/848 of the European Parliament and of the Council as regards the criteria for the recognition of control authorities and control bodies that are competent to carry out controls on organic products in third countries, and for the withdrawal of their recognition(Text with EEA relevance)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 834/2007OJ L 150, 14.6.2018, p. 1., and in particular point (a) of Article 46(7) thereof,Whereas:(1)Pursuant to Article 46 of Regulation (EU) 2018/848, the Commission may recognise control authorities and control bodies that are competent to carry out controls of imported organic products and to issue organic certificates in third countries.(2)Building on the Commission’s experience with the supervision of control authorities and control bodies operating in third countries, and with a view to ensuring the robustness of controls performed by control authorities and control bodies and to guaranteeing the integrity of organic products imported from third countries, it is necessary to reinforce the capacity of control authorities and control bodies to carry out effective controls on operators producing organic products in third countries. In order to achieve this objective, additional criteria for the recognition of control authorities and control bodies should be introduced.(3)In particular, point (b) of Article 46(2) of Regulation (EU) 2018/848 requires control authorities and control bodies to have the capacity to carry out controls to ensure that the conditions set out in points (a), (b)(i) and (c) of Article 45(1) of that Regulation are met in relation to organic products and in-conversion products. As those controls are essential to ensure compliance with Regulation (EU) 2018/848, a control authority or control body should not be allowed to delegate control tasks. However, in order to give the necessary flexibility to control authorities or control bodies, sampling should not be included in the prohibition to delegate control tasks.(4)In case of serious or repetitive infringements as regards the certification of operators or the controls and actions performed by the control authority or control body, or when the control authority or control body has failed to take appropriate and timely remedial action, the Commission should be able to withdraw the recognition of the control authority or control body. Therefore, in the interest of transparency, criteria for the withdrawal of the recognition of control authorities and control bodies should be laid down.(5)Regulation (EU) 2018/848 should therefore be amended accordingly.(6)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: