Organic Food and Farming
Importers area
Frequently asked questions
- General
- Applying for a Defra import authorisation to import organic products
- ISO 65/EN 45011
- Regulation 1788/2001 and the new import regime
General
Q1. Is imported organic food produced to the same standards as that from the UK/EU?
A. 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 Articles 6 and 7 of Council Regulation (EEC) 2092/91 (as amended); >
- and were subject to inspection measures equivalent to those laid down in Articles 8 and 9 of Council Regulation (EEC) 2092/91 (as amended) and that such inspection measures will be permanently and effectively applied. >
Q2. Do I need a Defra import authorisation to Import Organic Products?
A 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.
Nor is a Defra import authorisation required if the goods,
inspection/certifying body and country are listed in the Annex to Commission
Regulation 94/92
(330 KB) (as amended). Approved produce from these countries, provided
it has been inspected and certified by one of the approved inspection
bodies, may be brought freely into the EU and marketed as organic.
A Defra import authorisation is needed if the products are to be imported from any other third country (that is, one outside the EU).
Q3. Do I need a Defra import authorisation to import seeds, animal feedstuffs, or cotton?
A. Yes
Applying for a Defra import authorisation to import organic products
Q1. How long will it take Defra to process my application?
A. 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.
Q2. How do you process applications?
A. 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.
We will issue an import authorisation once we are satisfied that all the information necessary has been supplied and that the products:
- were produced to rules equivalent to those laid down in Articles 6 and 7 of Council Regulation (EEC) 2092/91 (as amended); and >
- were subject to inspection measures equivalent to those laid down in Articles 8 and 9 of Council Regulation (EEC) 2092/91 (as amended) and that such inspection measures will be permanently and effectively applied.
Q3. I have an urgent import, can I get my authorisation quickly?
A. 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.
Q4. Can authorisations be granted retrospectively?
A. No.
ISO 65/EN45011
Q.1 Do third country inspection/certification bodies have to comply with the requirements of EN45011 or ISO 65 standards?
A. Yes. EN45011 is an European Norm which contains provisions relating to the structure of inspection/certification bodiesand 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 in line with one of the options set out in Commission document 7607/VI/97 rev.3.
Regulation 1788/2001 and the new import regime
Q1. From what date will the new Certificate of Inspection for Import of Products from Organic Production be required?
A. 1 November 2002, not 1 July as previously stated.
Q2. Is 1 November the date for material arriving into the UK (or EU) or leaving port bound for the UK (or EU)?
A. The 1 November date applies to the arrival of goods in the UK (or EU). Until then the existing rules apply.
Q3. What happens to the Certificate for Import of Products from Organic Production used currently?
A. From 31 October 2002 it is replaced by the Certificate of Inspection.
Q4. Does the Certificate need to accompany the consignment?
A. If possible, yes. However, it may not always be possible, so the original Certificate must be present at the port at which the consignment will enter into free circulation.
Q5. How many consignments does a certificate cover?
A. An individual Certificate is required for each consignment.
Q6. How much will it cost to get the certificate endorsed at the port of entry?
A. The Port Health Authorities will charge a fixed fee per consignment. This is currently expected to be £45.00.
Q7. How do we pay the Port Health Authority?
A. That 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.
Q8. Will the new endorsement process cause delay?
A. Provided the certificate of inspection for imports of products from organic production has been correctly and completely filled out, it is with the PHA when the goods arrive, and a Defra import authorisation still valid, you do not need to reapply for another.
Q10. Who completes the certificate?
A. The Certificate will be completed by the certification body that certifies the exporter of the goods in the third country or by their properly appointed representative. This body will endorse the certificate at box 15.
Q11. What if the exporter is not certified?
A. The Certificate should be completed by the certification body of the last processor / producer in the chain prior to export.
Q12. Who completes box 16?
A. In the UK box 16 will not be completed by Defra as the information required will be obtained directly by the Port Health Authority.
Q13. Who endorses box 17?
A. In the UK the Certificate will be endorsed at box 17 by the Port Health Authority. (A list of EU Member States authorities responsible for endorsing the Certificates of Inspection is available here. Create link to: List of EU authorities.doc
Q14. When is box 18 completed by the first consignee?
A. After checking the integrity and identification of the consignment as required by Annex III Section C, Part 6 of Regulation (EEC) 2092/91. The certificate is then sent on to the importer.
Q15. What if the consignment is to be processed or split into batches under a suspensive customs procedure?
A 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.
Q16. 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?
A. 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.
Q17. Who keeps the Certificate and for how long?
A. The importer is required to retain the certificate for inspection for at least two years.
Q18. What is the reference number requested at box 4?
A. The reference number required at Box 4 of the Certificate is the number of the Defra import authorisation. Importers should either have this on the authorisation itself or in the letter sent recently listing currently held authorisations. If you do not know the number for an authorisation held by yourself please contact Defra at organic.imports@defra.gsi.gov.uk
The reference number is only required for imports under the procedure outlined in Article 11(6) of Regulation (EEC) 2092/91.
Q19. Do all imports have authorisation numbers?
A. Imports covered by Article 11.1 of Regulation (EEC) 2092/91 and ticked as being so in box 2 will not have an authorisation number. Box 4 will, in such cases, be left blank or shown as N/A.
Q20. Which countries are covered by Article 11.1?
A. A list of the countries, produce and certifiers covered by Article
11.1 can be found in the Annex
to Regulation 94/92
(330 KB).
New Zealand will be added to this list in the near future for produce covered by their new Organic Programme which comes into force on 1 July 2002. There will be a period of one year when the New Zealand Ministry of Agriculture and Forestry will certify products if they had previously been covered by an authorisation granted by an EU Member State under Article 11(6).
Q21. How should the goods be described in box 10?
A Defra import authorisatioj 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.
Q22. Can Certifiers create their own versions of the Certificate?
A. The Certificate must be provided in an identical format to that given in Annex 1 of Commission Regulation (EC) No 1788/2001. This is a requirement for the text, layout and dimension of boxes and the printing on a single double-sided sheet. A version is available on our website.
Please note that it is likely there will be a few minor changes to the certificate before 1 November. Please check here regularly for updates.
Q23. Is there more detailed guidance available on completing the certificate?
A. Guidance on completion of the Certificate can be found at Article
4 and Annex 1 of Commission
Regulation (EC) No 1788/2001
(355 KB) Defra will issue further guidance before November 2002.
Q24. What happens if the Certificate is incorrectly completed or not present at the port of entry?
A. Failure to provide a correctly completed Certificate 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 06 January
2004
Page published: 26 November 2003
