Dear

Firstly, the international team at bio.inspecta would like to wish all of you a successful and healthy year; we hope to continue the positive and successful cooperation in the new season same as the previous years.

In order to keep you up to date for the changes and new procedures in 2022, regular newsletter will be published and with the first newsletter 2022, we would like to summarize the content of this newsletter:

1. SEASON PREPARATION 2022

• The offer/invoice of prepayment 2022 will be sent by bio.inspecta till 5th March 2022.
• The updated data sheets and OSPs are available in the below link, please click on the link to download the relevant forms.

• The deadline for submission of the filled/updated data sheet and OSP is April 1st, 2022 (international@bio-inspecta.ch)
• The deadline for pre-payment is end of March 2022

2. INFORMATION ABOUT THE NEW EU ORGANIC REGULATION

A new EU Organic Regulation has come into force in the EU member states on 01.01.2022, while outside the EU, there will be a transitional period until 31.12.2024 to shift to certification according to the new regulation. The amended regulation aims at guaranteeing fair competition to producers, prevent fraud and increase consumer confidence in organic products. It consists of the basic act Regulation (EU) 848/2018, as well as secondary legislation (so called delegating and implementing acts).

2.1. Transition period for operators outside the EU

All clients of bio.inspecta, currently certified according to the bi-OS will shift to certification under the new regulation. We will keep you informed about the time plan of switching by mid-2022. bio.inspecta plans to make the smooth shifting to support all operators and their activities as much as possible during the transition time. Until then, COIs are issued according to Article 57 of Regulation (EU) 2018/848, as it is stated in the COIs in TRACES, box 18:

This is to certify that this certificate has been issued on the basis of the checks required under Commission Delegated Regulation (EU) 2021/1698 (2) for compliance (Article 46 of Regulation (EU) 2018/848) or Commission Delegated Regulation (EU) 2021/1342 (3) for equivalence (Article 47, 48 or 57 of Regulation (EU) 2018/848) and that the products designated above are in line with the requirements of Regulation (EU) 2018/848.

2.2. What are the major changes in new EU regulation (2018/848)?

2.2.1. General provisions:

• For producers situated outside the EU member states, unlike the current certification according to an equivalent standard (e.g., the bi-OS), certification will be according to the EU regulation.
• The range of products that may be certified is increased (e.g., salt, beeswax, cotton, wool, silkworm cocoons, essential oils (also those not intended for human consumption), plant-based traditional herbal preparations).
• An operator or a group of operators may not obtain a certificate from more than one control body in relation to activities regarding the same category of products.

2.2.2. Plant production:

• Plant reproductive material (including seeds and vegetative propagating material such as cuttings, seed potatoes, rootstock) must be of organic origin, in case of proven unavailability, a derogation to use in-conversion or conventional seeds may be granted by the control body (no such approval is required for in-conversion seeds from the own farm, harvested after 12 months of conversion). No such derogation is possible for seedlings, which always must be of organic quality.

2.2.3. Producer groups:

• Groups may consist of a maximum of 2000 members. Larger groups will need to create sub-groups.
• Groups must have its own legal personality.

2.2.4. Processed food:

• Flavours will be considered as agricultural products. Only natural flavours, with the flavouring components consisting at least 95% from the source material referred to in the name (e.g. “natural lemon flavor”, 95% of the flavouring components made from lemon.

bio.inspecta will keep you informed continuously with more details of the new Regulation, and status of implementation, in order to support a smooth transition for all our clients.

3. CHANGES IN COI PROCEDURE FOR SEASON 2022

3.1. Amended Request Form for the Issuance of a COI

Related to the new EU Organic Regulation, the boxes in TRACES have slightly changed. bio.inspecta adapted the Request Form for the Issuance of a (COI) accordingly. We took the opportunity of amending the form to add some information about what needs to be filled in the boxes in italics. Please make sure to use the new form.

3.2. What is new in season 2022 (Major changes)

3.2.1. Point of release for free circulation/ Border Control Posts (BCP):

Inspections for individual import transactions of organic consignments into the EU are no more carried out by customs, but in the responsibility of state organic authorities. Most products are inspected at “Points of release for free circulation”. Only products which have to be presented at a “Border Control Post” (BCP) for phytosanitary or other food/feed law reasons, are inspected there. It is in the responsibility of your buyers in the EU to inform you about the Point of release for free circulation or BCP (as before). They will know about the details and which products need to pass a BCP*.
*Lists of concerned products are covered among others in Regulations (EU) 2021/632, 2019/1793, 2019/2072 (consolidated versions).

3.2.2. Prior notification:

Importers must declare the consignments to the state organic authority before arrival. Although this is in responsibility of the importers, bio.inspecta may issue COIs technically only if this information in filled in TRACES. Therefore, in the COI request form, the estimated arrival date and time at point of release for free circulation or BCP must be indicated.

3.2.3. Broker (operator who buys or sells the product without physical handling)

Where applicable, fill in name and address of one or more operators who buy or sell the product without storing or physically handling the product.

3.2.4. Actual quantity of the product on stock:

In order to meet the requirement of the EU Commission to obtain information about actual stock of the product available before issuing a COI, information needs to be provided in a point newly added to the request form (physical stock of the product before the current sale, considering any previous sales as organic or conventional, losses, etc.).

3.2.5. Export to UK from 3rd countries:

COI’s to UK (which are not issued in TRACES since Brexit) are no more required to be sent as paper version, but are to be sent by email as pdf. For this purpose, the COI request form is asking for the email address of the importer where bio.inspecta should send the COI.

4. iNCREASED CONTROL MEASURES OF THE EU FOR CERTAIN PRODUCTS FROM CERTAIN COUNTRIES

The EU is planning to request increased control measures for certain products from certain countries again in 2022 (as operators situated in Moldova, Russian Federation, Ukraine and Turkey are familiar with from current requirements). Current drafts indicate that the range of products/ countries might change quite substantially, however, the rules are still being discussed and when this newsletter is sent, no final decision has been published. We will inform all concerned clients immediately upon publication.

5. STORAGE OF PRODUCTS ALREADY BOUGHT BY THE IMPORTER IN THE EXPORT COUNTRY

Whereas usually products sold by our clients with destination EU are stored before dispatch in a facility covered under the certification of the client or its subcontractors, it happens that EU importers buy the products, and the product is stored in a facility owned/rented by them before leaving the export country. In this case, it is required that the facility is certified equivalent to the EU Regulation and to do the sampling for analysis at the facility owned/rented by the importer. We are aware that the requirements for organic products are in contradiction with trade terms in this case, but need to follow the requirements for organic products.

6. BIO SUISSE WEBSITE CHANGE

Bio Suisse have changed their website, here is the link to the necessary information and documents (such as self-declaration etc.)

bio.inspecta International team is available to support you in any step. Please do not hesitate to contact us or your local partner if you have any questions!

Kind regards

bio.inspecta AG

Farzaneh Mahdipour and international team
Head of International Services Division

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