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Commission Implementing Regulation (EU) 2023/1195 of 20 June 2023 laying down rules for the details and the format of the information to be made available by Member States on the results of official investigations concerning cases of contamination with products or substances not authorised for use in organic production

CELEX
Implementing Regulation (EU) 2023/1195
Date of document
Articles
3
Source
EUR-Lex
Article 1Details and format of the information on official investigations, best practices and further measures related to contamination by non-authorised products and substances

Member States shall use the Organic Farming Information System (OFIS) and the template set out in the Annex to this Regulation to make available to the other Member States and the Commission the documented results of official investigations conducted in accordance with Article 29(1), point (a), of Regulation (EU) 2018/848 and any measures that the competent authorities have taken for the purpose of formulating best practices and further measures to avoid the presence of products and substances not authorised, pursuant to Article 9(3), first subparagraph, of that Regulation for use in organic production.

Article 2Entry into force

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union .

Schedules & Appendices

ANNEXOFIS template referred to in Article 1

ANNEX

OFIS template referred to in Article 1

PART I

Information on the results of the official investigations referred to in Article 29(1), point (a), of Regulation (EU) 2018/848 and on measures to avoid the presence of products and substances not authorised for use in organic production

1.

Reference of the official investigations or, if applicable, reference of the cases

2.

Name of the organic or in-conversion product or other material sampled:

(a)

Food

Feed

Plant material

Soil

Other (please specify)

(b)

CN code product nomenclature

3.

Volume of products contaminated (kilograms, litres or, where relevant number of units):

4.

Name of the non-authorised product(s) or substance(s) detected:

5.

Quantity of the non-authorised product(s) or substance(s) detected:

Was the contamination found above the Maximum Residue Level established by Regulation (EC) No 396/2005 of the European Parliament and of the Council

( 1 )

?

Yes

No

Not applicable (N/A)

6.

Stage of the supply chain where the presence of non-authorised product(s) or substance(s) has been detected:

Production

Only in case of plant production

Pre-harvest

Post-harvest

Preparation

Processing/preserving

Packaging

Slaughtering, cutting, cleaning or milling

Distribution

Storing

Placing on the market

Retail

Wholesale

Import

Border control post

Point of release for free circulation

Export

The product is:

Packaged

In bulk

7.

Source and cause of the presence of non-authorised product(s) or substance(s):

Operator used products or substances not authorised in organic production

Spray drift of products or substances not authorised in organic production

Commingling of organic or in-conversion products with non-organic or in-conversion products

Sale of non-organic or in-conversion products as organic

Operator has not taken the precautionary measures referred to in Article 28(1) of Regulation (EU) 2018/848

Lack of traceability

Contamination occurred in the previous stage of the supply chain (please specify which stage if known)

Source and the cause of the contamination was not identified (please specify the reason)

Other (please specify)

8.

Measures taken

The marketing or use of the product(s) was prohibited in accordance with Article 29(2) of Regulation (EU) 2018/848:

Yes

No

Not applicable (N/A)

[ additional optional information ]

9.

Other information:

PART II

Best practices

Please provide an annual overview of the best practices documented in your Member State during the previous year in accordance with Article 29(6) of Regulation (EU) 2018/848 to avoid the presence of products and substances not authorised for use in organic production.

Note:

information on cases involving contamination with products or substances that are not authorised pursuant to Article 9(3) of Regulation (EU) 2018/848 for use in organic production in the relevant Member State

Member States may use the template in Part I to transmit to the Commission, by 31 March each year, the cases of contamination detected during the previous year by the competent authority, or, where appropriate, the control authority or control body, when performing official controls in accordance with Article 38 of Regulation (EU) 2018/848 or official investigations in accordance with Article 29 of that Regulation.

The cases of contamination for which the official investigation has not been closed by 31 December are to be included in the transmission for the following year.

( 1 )   Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC ( OJ L 70, 16.3.2005, p. 1 ). It is applicable only to food and feed.

3 articles

Cite this act

Commission Implementing Regulation (EU) 2023/1195 of 20 June 2023 laying down rules for the details and the format of the information to be made available by Member States on the results of official investigations concerning cases of contamination with products or substances not authorised for use in organic production (EUR-Lex). Retrieved via LawPlayer, https://lawplayer.com/eu/act/32023R1195

© European Union, https://eur-lex.europa.eu, 1998-2026. Reuse authorised under Commission Decision 2011/833/EU, provided the source is acknowledged.

EU-EurLex-Reuse-2011-833

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