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ARCHIVE: Organic importers: Frequently asked questions

Q1. Is imported organic food produced to the same standards as that from the UK/EU?

Yes. All organic food must come from growers, processors or importers who are registered and subject to regular inspection. Importers must prove:

  • that the products they wish to import have been produced to rules equivalent to those laid down in Council Regulation (EC) 834/2007 (in particular its Titles III, IV and V)  and Commission Regulation 889/2008 (in particular its Titles II and III);
  • and were subject to control measures equivalent to those laid down in Title V of Council Regulation 834/2007 and Title IV of Commission Regulation 889/2008 and that such control measures will be permanently and effectively applied.
Q2. Do I need a Defra import authorisation to Import Organic Products?

For most organic products from most countries outside the EU you will require a Defra organic import authorisation.

If the products are coming into the UK from the EU, you do not need a Defra import authorisation provided it is produced or processed by an operator registered with an approved organic certification body.

A Defra import authorisation is also not required if the goods, control body and country are listed in Annex III to Commission Regulation 1235/2008.  Approved produce from these countries, provided it has been inspected and certified by one of the control bodies listed in Annex III, may be brought freely into the EU and marketed as organic.

Nor will a Defra import authorisation be required if the exporter is licensed by a control body listed in either Annex I or IV of Commission Regulation 1235/2008. (But please note that the Annex I and IV lists will be developed from 2009 onwards so this exception to the requirement to hold an authorisation is not yet in place.)

Q3. Are seeds, animal feedstuffs, or unprocessed cotton subject to the import controls for organic produce?

Yes. Agricultural crop or livestock products, processed agricultural and livestock products for human consumption and animal feed products are subject to the controls.  Only processed agricultural crop or livestock products not for consumption as food or feed are currently outside the controls, for example soap, make-up or non-edible essential oils.

Applying for a Defra import authorisation to import organic products
Q4. How long will it take Defra to process my application?

This will depend on the information you provide. Defra aims to review all applications within 10 working days of receipt. If the application is complete and we are satisfied by the information provided, we will issue an import authorisation then. However, we often need to ask for further information.

If we do, the turnaround of the application will depend on how quickly you provide us with the information requested. Sometimes this can take weeks, particularly if the information is coming from third countries. Once we receive the information, we aim to review it within 10 working days of receipt. If we are satisfied, the import authorisation will be issued. If we are not satisfied, we will ask for additional information.

You are recommended to submit your applications in good time.

How does Defra process applications?

When we receive an application, we acknowledge receipt and assign it a reference number. If the application has missing information, we will return the whole application to the importer who should re-submit it when all the information is available.

For fully completed forms, within 10 working days of receipt, we aim to carry out a thorough review of the application. If we require more information or clarification, we will write to the importer giving details of the information we need. Importers are given one month to provide the information. If by the end of that period, no information has been received, we will cancel the application.

We aim to examine information received within 10 working days of receipt. Sometimes additional information is required and we reserve the right to request any information that will enable us to fully assess an application.

We will issue an import authorisation once we are satisfied that all the information necessary has been supplied and that the products to be imported:

  • have been produced to rules equivalent to those laid down in Council Regulation (EC) 834/2007 (in particular its Titles III, IV and V)  and Commission Regulation 889/2008 (in particular its Titles II and III) ;
  • and were subject to control measures equivalent to those laid down in Title V of Council Regulation 834/2007 and Title IV of Commission Regulation 889/2008 and that such control measures will be permanently and effectively applied.
Q6. I have an urgent import, can I get my authorisation quickly?

We process applications strictly in the order in which they are received. There are no exceptions made to this.

If your application is fully completed and we are satisfied with the information provided, you should get your authorisation within 10 working days, however, we cannot guarantee that this will be the case.

Q7. Can authorisations be granted retrospectively?

No, it is not possible to grant an authorisation once a consignment has entered into free circulation in the European Union.

ISO 65/EN45011
Q.8 Do third country inspection/certification bodies have to comply with the requirements of EN45011 or ISO 65 standards?

Yes. EN45011 is a European Norm which contains provisions relating to the structure of control bodies and requires, for example, that their certification decisions shall be free of influence from commercial considerations.

As a consequence, and in order to achieve a "level playing field", all imports of produce from outside the EC for sale as organic must also be shown to be certified by bodies complying with EN45011 or its international equivalent ISO 65. Importers are therefore to provide evidence showing that such compliance exists.

Defra is not able to authorise any imports involving third country inspection bodies which are unable to demonstrate compliance to EN 45011/ISO 65.

Certificates of Inspection and Documentary Evidence
Q9. What does the Certificate of Inspection look like?

It is set out in Annex V of Commission Regulation 1235/2008 (available on the Defra Organic page under Certification and Standards). The certificate of inspection has to accompany imports of products

  • from third countries listed in Annex III of Commission Regulation 1235/2008; or
  • from exporters licensed by a control body listed in Annex IV of Commission Regulation 1235/2008; or
  • covered by a Defra authorisation.
Q10. What does the Form of Documentary Evidence look like?

A model showing the information which it must contain is set out in Annex V of Commission Regulation 1235/2008. The Form of Documentary Evidence has to accompany imports of products from exporters licensed by a control body listed in Annex I of Commission Regulation 1235/2008.

Q11. Does a Certificate or Documentary Evidence need to accompany the consignment?

If possible, yes. However, it may not always be possible, so the original Certificate, or Documentary Evidence as appropriate, must be present at the port at which the consignment will enter into free circulation when the consignment arrives.

Q12. How many consignments can these documents cover?

An individual Certificate, or form of Documentary Evidence, as appropriate is required for each consignment.

Q13. How much will it cost importers to get these documents endorsed at the port of entry?

The Port Health Authorities will charge a fixed fee per consignment. This is currently £45.00 for consignments arriving during normal working hours. Higher charges may apply in respect of consignments arriving outside normal working hours.

Q14. How do importers pay the Port Health Authority?

This may differ from PHA to PHA. Some will issue invoices whilst others set up special accounts, where a trader deposits a sum of money and the PHA can debit their charges when consignments are dealt with.

Q15. Who completes the certificate of inspection?

The Certificate will be completed by the control body that licenses the exporter of the goods in the third country or by their properly appointed representative. This body will endorse the certificate at box 15.

Q16. What if the exporter is not certified?

The Certificate should be completed by the control body of the last processor / producer in the chain prior to export.

Q17. Who completes box 16?

For imports into the UK box 16 will not be completed by Defra as the information required will be obtained directly by the Port Health Authority. Where an import into another European Member State takes place based on a UK authorisation Defra usually provide a letter of confirmation for the relevant Member State’s authorities as an alternative to completing box 16.

Q18. Who endorses box 17?

In the UK the Certificate will be endorsed at box 17 by the Port Health Authority. In other EU Member States the endorsement is usually undertaken by customs authorities.

Q19. When is box 18 completed by the first consignee?

After checking the integrity and identification of the consignment as required by Article 34 of Commission Regulation 889/2008.  The certificate is then sent on to the importer.

Q20. What if the consignment is to be processed or split into batches under a suspensive customs procedure?

The Certificate is to be endorsed by the PHA. Following this, extracts of the Certificate for the whole consignment will be drawn up for each new consignment. Once these have been endorsed the consignments may be released into free circulation.

Q21. Once the certificate of inspection for imports of products from organic production has been endorsed and the goods released into free circulation, is further endorsement of the certificate of inspection required for the splitting or repacking of the products?

No further endorsement of the certificate of inspection for imports of products from organic production is required once the goods have been released into free circulation. Of course, the normal rules for the splitting or repacking of organic produce still apply and such operations must only take place by operators registered with a control body.

Q22. Who keeps the Certificate and for how long?

The importer is required to retain the certificate for inspection for at least two years.

Q23. What is box 4 of the Certificate used for?

Box 4 is completed with the authorisation number when the consignment is covered by an authorisation issued by Defra or its equivalent in another Member State. Box 4 can be left blank in the case of imports of products which are

  • from a third country listed in Annex III of Commission Regulation 1235/2008;  or
  • from an exporter licensed by a control body listed in Annex IV of Commission Regulation 1235/2008.

If you do not know the number for an authorisation held by yourself please contact Defra at organic.imports@defra.gsi.gov.uk

Q24. How should the goods be described in box 10?

Defra import authorisations usually show a description of the goods rather than trade names. In case of doubt please ensure both are shown on the Certificate to avoid unnecessary delay.

Q25. Can Certifiers create their own versions of the Certificate?

No. The Certificate must be provided in an identical format to that given in Annex V of Commission Regulation 1235/2008. This is a requirement for the text, layout and dimension of boxes and the printing on a single double-sided sheet.

Q26. What happens if the Certificate is incorrectly completed or not present at the port of entry or a form of Documentary Evidence is not presented?

Failure to provide correctly completed documentation will result in the consignment being refused customs clearance.

You will be given several options:

  • Store the consignment under customs control until the certificate arrives or a correct certificate is received.
  • Remove all references to organic production from the labelling, packaging and accompanying documents and market the goods as conventional.
  • Re-export the consignment.
  • Destroy the goods

Page modified 9 March 2009
Page published: 26 November 2003