Considerations on COM(2021)259 - Authorisation of the opening of negotiations on agreements on trade in organic products between the EU and Argentina, Australia, Canada, Costa Rica, India, Israel, Japan, New Zealand, Korea, Tunisia and the USA

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(1) Article 45(1)(b)(ii) of Regulation (EU) 2018/848 of the European Parliament and the Council 4 , read in conjunction with Article 47 of that Regulation, establishes the possibility to grant access to the Union market for organic products coming from third countries that have been recognised under a trade agreement as having a system of production meeting the same objectives and principles by applying rules which ensure the same level of assurance of conformity as those of the Union.

(2) In accordance with Article 48 of Regulation (EU) 2018/848, as amended by Regulation (EU) 2020/1693 of the European Parliament and of the Council 5 , the recognition for the purposes of equivalence of third countries on the basis of Article 33(2) of Council Regulation (EC) No 834/2007 6 will expire on 31 December 2026. Therefore, it is necessary to open negotiations with a view to concluding the relevant agreements with the third countries concerned.

(3) The trade in organic products between the Union and Switzerland is covered by the Agreement between the European Community and the Swiss Confederation on trade in agriculture products 7 . Switzerland was included in Annex III to Commission Regulation (EC) No 1235/2008 8 for transparency reasons. Annex 9 to that Agreement provides for a mechanism to update the agreement in case of changes to the laws and regulations of one of the parties. It is therefore not necessary to open negotiations with Switzerland.

(4) Chile is recognised as an equivalent third country by means of the Agreement between the European Union and the Republic of Chile on trade in organic products 9 . Chile was included in Annex III to Regulation (EC) No 1235/2008 for clarity reasons. Articles 3 and 4 of that Agreement provide for the possibility to adapt the recognition in case of changes to the laws and regulations of one of the parties. It is therefore not necessary to open negotiations with Chile.

(5) The Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, on the one part, and the United Kingdom of Great Britain and Northern Ireland, on the other part, 10 established a reciprocal recognition of equivalence of the current organic legislation and control system of both parties to the Agreement. Article 3(3) of Annex TBT-4 on organic products provides that in view of the application of Regulation (EU) 2018/848 on 1 January 2022, the equivalency recognition is to be reassessed by each Party by 31 December 2023. It is therefore not necessary to open negotiations with the United Kingdom.

(6) Therefore, it is appropriate to authorise the Commission to open negotiations with a view to concluding the relevant agreements with Argentina, Australia, Canada, Costa Rica, India, Israel, Japan, New Zealand, the Republic of Korea, Tunisia and the United States of America.

(7) In order to enable the Union to pursue reciprocal relations with third countries concerning trade in organic products, it is appropriate to set out negotiating directives for agreements allowing the Union and the third country concerned to acknowledge the equivalence of their organic production standards and control systems.