Commission Delegated Regulation (EU) 2021/715 of 20 January 2021 amending Regulation (EU) 2018/848 of the European Parliament and of the Council as regards the requirements for groups of operators (Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to 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 (1), and in particular Article 36(3) thereof,

Whereas:

(1) Article 36(1) of Regulation (EU) 2018/848 sets out certain requirements for groups of operators. In the interest of a harmonised interpretation of the geographical proximity of the members of a group of operators, it should be stated explicitly that the activities of the members are to take place in the same country.

(2) For the purpose of establishing minimum requirements regarding the set-up and functioning of the system for internal controls (ICS), the following aspects should be defined: registration of members, internal inspections, approval of new members or new production units or activities of existing members, training of ICS inspectors, measures in cases of non-compliances and internal traceability.

(3) In that context, the requirement to appoint an ICS manager and one or more ICS inspectors should be added in order to ensure the proper implementation of the ICS by the competent personnel.

(4) In addition, in order to provide for a harmonised assessment framework for the ICS, it is appropriate to include a list of situations that are to be considered as deficient.

(5) Regulation (EU) 2018/848 should therefore be amended accordingly.

(6) In the interest of clarity and legal certainty, this Regulation should apply from the date of application of Regulation (EU) 2018/848,

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Regulation (EU) 2018/848

Article 36 of Regulation (EU) 2018/848 is amended as follows:

Article 2

Entry into force and application

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

It shall apply from 1 January 2022.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 January 2021.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 150, 14.6.2018, p. 1.