Regulation 2008/1235 - Detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries - Main contents
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official title
Commission Regulation (EC) No 1235/2008 of 8 December 2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2008/1235 |
| CELEX number i | 32008R1235 |
| Document | 08-12-2008 |
|---|---|
| Publication in Official Journal | 12-12-2008; Special edition in Croatian: Chapter 15 Volume 012,OJ L 334, 12.12.2008 |
| Effect | 19-12-2008; Entry into force Date pub. +7 See Art 21.1 01-01-2009; Application See Art 21.2 |
| Deadline | 30-06-2021; See Art 11.1 |
| End of validity | 31-12-2021; Partial end of validity See 32021R2306 Art. 12 31-12-9999; Repealed by 32021R2306 |
12.12.2008 |
EN |
Official Journal of the European Union |
L 334/25 |
COMMISSION REGULATION (EC) No 1235/2008
of 8 December 2008
laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to 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 (1), and in particular Article 33(2), Article 38(d) and Article 40 thereof,
Whereas:
(1) |
Articles 32 and 33 of Regulation (EC) No 834/2007 lay down general provisions for import of organic products. With a view to guarantee that these provisions will be applied in a correct and uniform way, detailed rules and procedures for the application of those provisions should be laid down. |
(2) |
As substantial experience has been built up since 1992 with the import of products providing equivalent guarantees, a relatively short period should be given to control bodies and control authorities to request their inclusion in the list for the purpose of equivalence in accordance with Article 33 of Regulation (EC) No 834/2007. However, as there is no experience with the direct application of Community rules on organic production and labelling of organic products outside the territory of the Community, more time should be given to control bodies and control authorities wishing to request their inclusion in the list for the purpose of compliance in accordance with Article 32 of Regulation (EC) No 834/2007. Therefore a longer period should be provided for sending in the requests and for examining them. |
(3) |
For products imported according to Article 32 of Regulation (EC) No 834/2007, the operators concerned should be able to provide documentary evidence. It is necessary to establish a model for this documentary evidence. Products imported according to Article 33 of Regulation (EC) No 834/2007 should be covered by a certificate of inspection. It is necessary to lay down detailed rules with regard to the issuing of this certificate. Moreover, a procedure in order to coordinate at Community level certain controls on products imported from third countries which are intended to be marketed in the Community as organic should be laid down. |
(4) |
Argentina, Australia, Costa Rica, India, Israel, New Zealand and Switzerland were previously listed as third countries from which imported products could be marketed in the Community as organic, under Commission Regulation (EC) No 345/2008 of 17 April 2008 laying down detailed rules for implementing the arrangements for imports from third countries provided for in Council Regulation (EEC) No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs (2). The Commission has re-examined the situation of those countries according to the criteria set out in Regulation (EC) No 834/2007, taking into consideration the production rules applied and the experience gained with the import of organic products from these third countries as previously listed under Article 11(1) of Council Regulation (EEC) No 2092/2091. On this basis it is concluded that the conditions for inclusion of Argentina, Australia, Costa Rica, India, Israel, and New Zealand in the list of third countries for equivalency according to Article 33(1) of Regulation (EC) No 834/2007 are fulfilled. |
(5) |
The European Community and the Swiss Confederation have concluded an Agreement on trade in agricultural products (3) approved by Decision 2002/309/EC of the Council and of the Commission (4). Annex 9 to that Agreement covers organically produced agricultural products and foodstuffs... |
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