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

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 29(8), point (b), thereof,

Whereas:

(1) Regulation (EU) 2018/848 provides that the competent authorities of the Member States have to document the results of the investigations and measures they have taken in the event of the presence of products and substances that are not authorised for use in organic production pursuant to Article 9(3), first subparagraph, of that Regulation. In accordance with Article 29(6) of Regulation (EU) 2018/848, Member States have to share information with the other Member States and the Commission on any measures they have taken for the purpose of formulating best practices and on any further measures to avoid the presence of products and substances not authorised for use in organic production.

(2) Article 29(9) of Regulation (EU) 2018/848 requires the Member States to transmit electronically, through the computer system made available by the Commission, relevant information about cases involving contamination with non-authorised products or substances.

(3) In order to avoid the duplication of the means by which Member States transmit all the information required by Regulation (EU) 2018/848 to the Commission and other Member States, the details and the format in which they are to communicate the information referred to in Article 29(6) of that Regulation could also be used to transmit the information referred to in Article 29(9) of that Regulation. The Member States should use the Organic Farming Information System (OFIS) for that purpose.

(4) The measures provided for in this Regulation are in accordance with the opinion of the Organic Production Committee,

HAS ADOPTED THIS REGULATION:

Article 1

Details 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 2

Entry 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.

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

Done at Brussels, 20 June 2023.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 150, 14.6.2018, p. 1.