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Commission Implementing Regulation (EU) 2022/2240 of 20 October 2022 amending Implementing Regulation (EU) 2021/1378, Implementing Regulation (EU) 2021/2119 and Implementing Regulation (EU) 2021/2307 as regards the use of the qualified electronic seal for the issuance of certificates (Text with EEA relevance)

CELEX
Implementing Regulation (EU) 2022/2240
Date of document
Articles
5
Source
EUR-Lex
Article 1Amendment to Implementing Regulation (EU) 2021/2119

Implementing Regulation (EU) 2021/2119 is amended as follows:

(1)

in Article 1, the following paragraph is added:

‘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 ) .

( *1 )   Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC ( OJ L 257, 28.8.2014, p. 73 ).’;"

(2)

in Article 5, the following paragraph is inserted after the third paragraph:

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

Article 2Amendment to Implementing Regulation (EU) 2021/1378

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

(1)

in Article 1, second paragraph, point (a), the following point (iii) is added:

‘(iii)

it 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  ( *2 ) ;

( *2 )   Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC ( OJ L 257, 28.8.2014, p. 73 ).’;"

(2)

in Article 3, the following paragraph is inserted after the third paragraph:

‘Article 1, second paragraph, point (a)(iii), shall apply from 1 July 2023.’;

(3)

Annex I is replaced by the text in the Annex to this Regulation.

Article 3Amendment to Implementing Regulation (EU) 2021/2307

In Part II of the Annex to Implementing Regulation (EU) 2021/2307, in the fourth paragraph of the notes concerning box 12 and in the second paragraph of the notes concerning box 13, the date ‘30 June 2022’ is replaced by ‘30 November 2022’.

Article 4Entry 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 .

Article 3 shall apply from 1 July 2022.

Schedules & Appendices

ANNEX

ANNEX

‘ANNEX I

MODEL OF THE CERTIFICATE

CERTIFICATE FOR OPERATORS, GROUPS OF OPERATORS AND EXPORTERS IN THIRD COUNTRIES FOR PRODUCTS TO BE IMPORTED INTO THE EUROPEAN UNION AS ORGANIC PRODUCTS OR IN-CONVERSION PRODUCTS

Part I: Mandatory elements

1.

Document number

2.

(choose as appropriate)

Operator

Group of operators – see point 10

Exporter

3.

Name and address of the operator, group of operators or exporter:

4.

Name, address and code number of the control authority or control body of the operator, group of operators or exporter:

5.

Activity or activities of the operator, group of operators or exporter (choose as appropriate):

Production

Preparation

Distribution

Storing

Import

Export

6.

Category or categories of products as referred to in Article 35(7) of Regulation (EU) 2018/848 of the European Parliament and of the Council  ( 1 ) and production methods (choose as appropriate):

(a)

unprocessed plants and plant products, including seeds and other plant reproductive material

Production method:

organic production excluding during the conversion period

production during the conversion period

organic production with non-organic production

(b)

livestock and unprocessed livestock products

Production method:

organic production excluding during the conversion period

production during the conversion period

organic production with non-organic production

(c)

algae and unprocessed aquaculture products

Production method:

organic production excluding during the conversion period

production during the conversion period

organic production with non-organic production

(d)

processed agricultural products, including aquaculture products, for use as food

Production method:

production of organic products

production of in-conversion products

organic production with non-organic production

(e)

feed

Production method:

production of organic products

production of in-conversion products

organic production with non-organic production

(f)

wine

Production method:

production of organic products

production of in-conversion products

organic production with non-organic production

(g)

other products listed in Annex I to Regulation (EU) 2018/848 or not covered by the previous categories

Production method:

production of organic products

production of in-conversion products

organic production with non-organic production

7.

Directory of products:

Name of the product and/or Combined Nomenclature (CN) code as referred to in Council Regulation (EEC) No 2658/87  ( 2 ) for products within the scope of Regulation (EU) 2018/848

Organic

In-conversion

This document has been issued in accordance with Commission Implementing Regulation (EU) 2021/1378  ( 3 ) to certify that the operator, group of operators or exporter (choose as appropriate) complies with Regulation (EU) 2018/848

8.

Date, place

Name and signature on behalf of the issuing control authority or control body, or qualified electronic seal:

9.

Certificate valid from… [insert date] to… [insert date]

10.

List of members of the group of operators as defined in Article 36 of Regulation (EU) 2018/848

Name of member

Address or other form of member identification

Part II: Specific optional elements

One or more elements to be completed if so decided by the control authority or control body that issues the certificate to the operator, group of operators or exporter in accordance with Implementing Regulation (EU) 2021/1378

1.   Quantity of products

Name of the product and/or CN code as referred to in Regulation (EEC) No 2658/87 for products within the scope of Regulation (EU) 2018/848

Organic

In-conversion

Quantity estimated in kilograms, litres or, where relevant, in number of units

2.   Information on the land

Name of the product

Organic

In-conversion

Non-organic

Surface in hectares

3.   List of premises or units where the activity is performed by the operator or group of operators

Address or geolocation

Description of the activity or activities as referred to in point 5 of part I

4.   Information on the activity or activities carried out by the operator or group of operators and whether the activity is, or the activities are performed for their own purpose or as a subcontractor carrying out the activity or activities for another operator, while the subcontractor remains responsible for the activity or activities performed

Description of the activity or activities as referred to in point 5 of part I

Carrying out activity/activities for own purpose

Carrying out activity/activities as a subcontractor for another operator, while the subcontractor remains responsible for the activity or activities performed

5.   Information on the activity or activities carried out by the subcontracted third party

Description of the activity or activities as referred to in point 5 of part I

Operator or group of operators remains responsible

Subcontracted third party is responsible

6.   List of subcontractors carrying out an activity or activities for the operator or group of operators for which the operator or group of operators remains responsible as regards organic production and for which it has not transferred that responsibility to the subcontractor

Name and address

Description of the activity or activities as referred to in point 5 of part I

7.   Information on the accreditation of the control body in accordance with point (d) of Article 46(2) of Regulation (EU) 2018/848

(a)

name of the accreditation body;

(b)

hyperlink to the accreditation certificate.

8.   Other information

( 1 )   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 834/2007 ( OJ L 150, 14.6.2018, p. 1 ).

( 2 )   Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff ( OJ L 256, 7.9.1987, p. 1 ).

( 3 )   Commission Implementing Regulation (EU) 2021/1378 of 19 August 2021 laying down certain rules concerning the certificate issued to operators, groups of operators and exporters in third countries involved in the imports of organic products into the Union and establishing the list of recognised control authorities and control bodies in accordance with Regulation (EU) 2018/848 of the European Parliament and of the Council ( OJ L 297, 20.8.2021, p. 24 ).

5 articles

Cite this act

Commission Implementing Regulation (EU) 2022/2240 of 20 October 2022 amending Implementing Regulation (EU) 2021/1378, Implementing Regulation (EU) 2021/2119 and Implementing Regulation (EU) 2021/2307 as regards the use of the qualified electronic seal for the issuance of certificates (Text with EEA relevance) (EUR-Lex). Retrieved via LawPlayer, https://lawplayer.com/eu/act/32022R2240

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