Commission Delegated Regulation (EU) 2021/2305 of 21 October 2021 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council with rules on the cases where and conditions under which organic products and in-conversion products are exempted from official controls at border control posts, the place of official controls for such products and amending Commission Delegated Regulations (EU) 2019/2123 and (EU) 2019/2124 (Text with EEA relevance)

This Regulation lays down rules on: (a) the cases where and the conditions under which certain organic products and in-conversion products entering the Union which pose a low risk or no specific risk to human, animal or plant health, animal welfare or to the environment, are exempted from official controls at border control posts performed for the verification of compliance with the rules on organic production and labelling of organic products; (b) the place where the official controls for the products referred to in point (a) intended to be placed on the Union market are to be carried out; and (c) amendments to Delegated Regulations (EU) 2019/2123 and (EU) 2019/2124.

For the purposes of this Regulation, the following definitions apply: (1) ‘organic product’ means a product as defined in Article 3, point (2), of Regulation (EU) 2018/848; (2) ‘in-conversion product’ means a product as defined in Article 3, point (7), of Regulation (EU) 2018/848.

The following organic products and in-conversion products entering the Union shall be exempted from official controls at the border control post of first arrival into the Union: (a) organic products and in-conversion products other than those belonging to the categories of animals and goods referred to in Article 47(1), points (a) to (e), of Regulation (EU) 2017/625; and (b) organic products and in-conversion products belonging to the category of animals and goods referred to in Article 47(1), point (f), of Regulation (EU) 2017/625, other than those in relation to whose entry into the Union conditions or measures have been established by acts adopted in accordance with Article 126 or 128 of Regulation (EU) 2017/625 respectively, or in relation to whose entry into the Union conditions or measures have been established in accordance with the rules referred to in Article 1(2), points (a) to (h) and (j), of that Regulation.

1 For organic products and in-conversion products referred to in Article 3 that are intended to be placed on the Union market, the competent authorities shall carry out the official controls at points of release for free circulation in the Member State in which the consignment is released for free circulation into the Union.

2 Member States shall inform the Commission of the points of release for free circulation where the competent authorities carry out official controls in accordance with paragraph 1, indicating their name, address and contact details. The Commission shall keep up-to-date in the Trade Control and Expert System (TRACES) the list of those points of release for free circulation.

3 Member States shall ensure that competent authorities at the points of release for free circulation referred to in paragraph 1 have the technology and equipment necessary for the efficient operation of TRACES.

For the purposes of this Regulation, the following definitions apply: (1) “food and feed safety checks” means official controls performed for the verification of compliance with the rules referred to in Article 1(2), points (a) and (c), of Regulation (EU) 2017/625; (2) “phytosanitary checks” means official controls performed for the verification of compliance with the rules referred to in Article 1(2), point (g), of Regulation (EU) 2017/625; (3) “organic checks” means official controls referred to in Article 6(1) of Commission Delegated Regulation (EU) 2021/2306 .

1 The competent authorities may perform organic checks in the form of identity and physical checks in relation to consignments of plants, plant products and other objects referred to in Article 1(1), point (a)(ia), and in relation to consignments of food and feed of non-animal origin referred to in Article 1(1), point (a)(ii), that are subject to official controls at border control posts pursuant to Article 45(5) of Regulation (EU) 2018/848, at a control point indicated in the certificate of inspection other than the border control post, if the following conditions are met: (a) the control point where organic checks in the form of identity and physical checks are to be performed has been indicated in the certificate of inspection either by the operator responsible for the consignment when giving prior notification in accordance with Article 3(1) of Commission Implementing Regulation (EU) 2021/2307 or by the competent authority at the border control post; (b) the outcome of organic checks in the form of documentary checks performed by the competent authorities of the border control post is satisfactory; (c) the competent authorities of the border control post have recorded in box 26 of the certificate of inspection their authorisation to transfer the consignment to the control point; (d) the competent authorities of the border control post have recorded in the CHED their authorisation to transfer the consignment to a control point for food and feed safety checks in the form of identity and physical checks or for phytosanitary checks in the form of identity and physical checks, as appropriate; (e) before the consignment leaves the border control post, the competent authority at the border control post responsible for organic checks informs the competent authority at the control point responsible for organic checks of the arrival of the consignment by submitting in the Trade Control and Expert System (TRACES) the certificate of inspection; (f) the operator has transported the consignment from the border control post to the control point under customs supervision without the goods being unloaded during the transport; (g) the operator has ensured that consignments of plants, plant products and other objects referred to in Article 1(1), point (a)(ia), and of food and feed of non-animal origin referred to in Article 1(1), point (a)(ii), that are subject to official controls at border control posts pursuant to Article 45(5) of Regulation (EU) 2018/848, are accompanied to the control point by an authenticated copy of the certificate of inspection; (h) the operator has indicated the reference number of the certificate of inspection in the customs declaration lodged with the customs authorities for the purposes of the transfer of the consignment to the control point and has kept a copy of that certificate at the disposal of the customs authorities as referred to in Article 163 of Regulation (EU) No 952/2013.

2 The requirement for an authenticated copy of the certificate of inspection referred to in paragraph 1, point (g), to accompany the consignment shall not apply where that certificate has been issued in TRACES by the control authority or control body in the third country in accordance with Delegated Regulation (EU) 2021/2306 or uploaded in TRACES by the operator and the competent authorities of the border control post have checked that it corresponds to the original certificate of inspection.

Delegated Regulation (EU) 2019/2124 is amended as follows: (1) in Article 1(1), point (a), the following point is inserted: ‘(iia) plants, plant products and other objects referred to in points (i) and (ii) that are subject to official controls at border control posts pursuant to Article 45(5) of Regulation (EU) 2018/848 of the European Parliament and of the Council . (2) in Article 6(3), the introductory phrase is replaced by the following: ‘The operator responsible for the consignment shall ensure that the packaging or the means of transport of the consignment of plants, plant products and other objects referred to in Article 1(1), point (a)(i), (ii) and (iia), has been closed or sealed in such a way that, during their transport to and storage at the onward transportation facility:’.

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.