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ARCHIVE: Organic importers

On these pages we have brought together information on topics of interest to organic importers:

If you have any comments or queries on organic imports please email us at organic.imports@defra.gsi.gov.uk.

Latest News on Organic Imports

For the latest news see organic imports news.

Products imported from within the EU

Produce from within the EU can be imported into the UK and sold freely as organic, provided it is produced or processed by an operator registered with an approved EU Organic Certification Body.

List of EU certification bodies (PDF) on the Europa website.

Products imported from outside the EU

Council Regulation 834/2007, which came into force on 1 January 2009, establishes three categories of organic produce depending on the third country from which the goods are imported.

But until this new system is fully implemented there will be a fourth category, imports covered by an authorisation issued by Defra or another EU Member State – this last category is the one that currently covers the majority of countries.

These categories are:

The product is imported from an exporter controlled by a control body named in the context of recognition by the Commission of a particular third country (Article 33(2) of Council Regulation 834/2007);
The product is imported from an exporter controlled by a control body named in a list of third country control bodies recognised by the Commission as applying standards equivalent to EU organic standards in specified third countries (Article 33 (3) of Council Regulation 834/2007);
The product is imported from an exporter controlled by a control body named in a list of third country control bodies recognised by the Commission as applying EU organic standards in specified third countries (Article 32 of Council Regulation 834/2007);
The import is covered by an authorisation issued by Defra or another Member State (Article 19 of Regulation 1235/2008).

Products imported from EU-recognised third countries

Article 33(2) of Council Regulation 834/2007 provides for the European Commission to reach agreements with third countries recognising that they operate production rules and a system of inspection equivalent to that operating within the EU.

The six countries which the Commission has recognised so far as having equivalent production rules and inspection systems are listed in Annex III of Commission Regulation 1235/2008 with the control bodies and types of produce for which recognition is granted. They are:

Argentina
Australia
Costa Rica
India
Israel and
New Zealand

Switzerland is similarly recognized but under a separate trade agreement. The non-EU European Economic Area countries (Iceland, Liechtenstein and Norway) apply EU law on organic production and are treated as if they were EU Member States.

Imports of organic products from these countries are permitted without prior approval from Defra provided that:

the importer is registered with one of the UK organic control bodies approved by Defra;
the conditions of their equivalence agreement under Commission Regulation No 1235/2008 are met; and
a Certificate of Inspection (CoI) in the form set out in Annex V to Commission Regulation 1235/2008 is produced by one of the approved third country control bodies listed in Annex III to Commission Regulation) 1235/2008 for each consignment entering the EU. The CoI needs to be checked and endorsed by the Port Health Authority at the port or airport at which the consignment arrives in the UK or a Customs official for most other parts of the EU.

Products imported from other third countries where the control body has been recognised as applying equivalent standards

Article 33 (3) of Council Regulation 834/2007 provides for the Commission to draw up a list of individual control bodies operating in third countries which it recognises as applying production and control standards equivalent to EU standards.

The procedure these third country control bodies must follow when applying for recognition, including the information and supporting material which must be provided to enable a decision to be taken on whether recognition of equivalence can be granted, is set out in Commission Regulation 1235/2008.

Amongst the supporting material which must be provided is the address of a website on which can be found each operator licensed by the control body, the products for which each operator is licensed and the third countries in which each operator is licensed to operate.

When a control body is included on the list of equivalent control bodies this address will be included in the entry on the list for that control body to enable verification of consignments of organic produce from third countries are supplied by an exporter who is under the control of a recognised control body.

Imports of organic products exported by an exporter licensed by a control body included on the Article 33 (3) list are permitted without prior approval from Defra provided that:

the importer is registered with one of the UK organic certifying authorities approved by Defra;
the conditions specified for the control body on the Article 33 (3) list are met including an entry for the exporter on the control body website confirming that the exporter is licensed for the produce being exported; and
a Certificate of Inspection (CoI) in the form set out in Annex V of Commission Regulation 1235/2008 is produced by one of the approved third country inspection bodies listed in Annex IV to Commission Regulation 1235/2008 for each consignment entering the EU. The CoI needs to be checked and endorsed by the Port Health Authority at the port or airport at which the consignment arrives in the UK or a Customs Official for most other parts of the EU.

Products imported from other third countries where the control body has been recognised as applying EU organic standards

Article 32 of Council Regulation 834/2007 provides for the Commission to recognise individual control bodies in third countries as applying EU production and control standards – referred to as “compliant”.

The procedure third country control bodies must follow when applying for recognition of compliance including the information and supporting material which must be provided to enable a decision to be taken to accept that EU standards are fully applied is set out in Commission Regulation 1235/2008.

When a control body is included on the list of compliant control bodies this address will be included in the entry on the list for that control body to enable verification of consignments of organic produce from third countries are supplied by an exporter who is under the control of a recognised control body.

Imports of organic products exported by an exporter licensed by a control body included on the Article 33 (3) list are permitted without prior approval from Defra provided that:

the importer is registered with one of the UK organic certifying authorities approved by Defra;
the conditions specified for the exporter’s control body on the list at Annex 1 of Commission Regulation 1235/2008 are met including an entry for the exporter on the control body website confirming that the exporter is licensed for the produce being exported; and
a form of documentary evidence in the form set out at Annex II of Commission Regulation 1235/2008 is provided by the operator exporting the produce. The form of documentary evidence needs to be checked and endorsed by the Port Health Authority at the port or airport at which the consignment arrives in the UK or a Customs Official for most other parts of the EU.

Products imported from other third countries under a Member State authorisation

Because it will take some while yet to fully establish the lists of organic control bodies foreseen by Articles 32 and 33 (3) of Council Regulation 834/2007 the existing system of permitting Member States to issue authorisations to import organic produce from third countries remains in place as a transitional measure.

In the UK, Defra grants such authorisations. As the control body lists are put in place authorisations issued by Defra will progressively become redundant and will be withdrawn.

Before authorisation is given, importers must demonstrate that the products to be imported were produced to rules equivalent to those laid down in Council Regulation 834/2007 and Commission Regulation 889/2008, were subject to equivalent inspection measures and that such inspection measures will be permanently and effectively applied.

the importer is registered with one of the UK organic certifying authorities approved by Defra;
a Certificate of Inspection (CoI) in the form set out in Annex V of Commission Regulation 1235/2008 each consignment of the authorised produce entering the EU. The CoI needs to be checked and endorsed by the Port Health Authority at the port or airport at which the consignment arrives in the UK or a Customs Official for most other parts of the EU.

Importers wishing to apply for an Authorisation to Import Organic Products into the UK must apply on an OB 11 application form. There are guidance notes (OB 13) on how to complete the OB 11. An import authorisation lasts for one year.

If you are applying for a variation (amendment/addition) to an existing authorisation please see the section below "Variations to authorisations".

The following charges are made by Defra for the assessment of import applications, and production of authorisations (amendments and extensions):

New import authorisations - £27
Annual renewal request – £16.50
Application to amend authorisation - £18.50

Before authorisation is given, importers must demonstrate

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.

Defra must assess the standards of the relevant third country inspection board in order to authorise an import. Defra has assessed the standards of many third country inspection/certification bodies as being equivalent to those of Council Regulation 834/2007 (see below for list).

However, where we have not assessed and approved a body, we would ask importers to provide details of the rules of production, the rules of inspection and the penalty provisions of the inspection/certifying bodies used in the third countries.

List of third country inspection bodies (50 KB) - September 2005

Important

Do not import organic produce before you have been authorised.

It is not possible to issue authorisations retrospectively – failure to hold an authorisation could result in penalties and legal action against the importer concerned.

Do not import organic produce unless all usual import procedures have been complied with.

A Defra Organic Import Authorisation is issued for the organic nature of the product, if other (non-organic) Regulatory controls apply to your product these must be adhered to ahead of Organic Regulation.

Annual renewal

Importers whose import authorisation is about to expire may write and request an annual renewal. The request must be accompanied by an up to date certificate for the exporter/supplier (see OB 13 guidance notes)

Variations to authorisations

If a variation to an existing authorisation is required the OB12 application form should be completed (see also OB13 guidance notes).

Importing/exporting organic food and drink in to the UK and from the USA

Just as with most countries around the world, importers of produce from the U.S. are required to be authorised. However, it is worth mentioning the following: in 2002 the US Government introduced a National Organic Program. A reciprocal agreement was reached between the UK and US which was:

For US exporters to continue exporting to the UK, the US control bodies inspecting and certifying the products would need to satisfy Defra that they would be working to Council Regulation 834/2007

For UK exporters to export to the US, the UK bodies inspecting and certifying the products would need to ensure the products satisfied the standards of the US National Organic Program.

List of approved US certification/inspection control bodies

Organic imports - frequently asked questions

Contact address

Organic Team, Imports Section
Defra
8th Floor, 9 Millbank
C/o Nobel House
17 Smith Square
London SW1P 3JR
Tel: 020 7238 5777
Email: organic.imports@defra.gsi.gov.uk

Organic farming

Importers