TS01(EC)v09en ORGANIC CERTIFICATION PROCESS IN NON-EU COUNTRIES 1
Contents 1. ECOCERT: EXPERT SERVICES FOR THE ORGANIC SECTOR... 3 2. ORGANIC PRODUCTION REGULATIONS... 3 3. THE INSPECTION AND CERTIFICATION PROCESS... 4 A detailed diagram of the certification process can be found in Annex I of this document. 4 3.1 Application / Applcation review... 4 3.2 Commitment and description of the system... 5 3.3 Documentary review... 5 3.4 Inspection... 5 3.5 Report review... 6 3.6 Corrective action review... 6 3.7 Certification decision... 6 3.8 Monitoring... 7 3.9 application for Exceptional authorizations... 7 4. INSPECTION PROCESS... 8 4.1 Renewal inspections... 8 4.2 Additional inspections... 8 4.3 Special arrangements for Grower groups... 8 5. CORRECTIVE ACTION PLAN... 8 Below is a list of the types of non-compliances used by Ecocert, in ascending order of severity:... 9 6. APPEALS AND CLAIMS... 9 6.1 Appeals... 9 6.2 Claims... 10 7. POSTPONEMENT... 10 8. TERMINATION OF THE CONTRACT... 10 9. USE OF THE TRADEMARK AND REFERENCES TO ECOCERT... 11 2
1. ECOCERT: EXPERT SERVICES FOR THE ORGANIC SECTOR Ecocert was created in 1991 after the introduction of the European regulation on the organic agricultural products certification. Ecocert is registered with and approved by several EU Member States, and by the majority of non-eu countries with their own national organic legislation. With around 20 locations worldwide, Ecocert has a network of inspectors and auditors in a number of different countries, each of whom is an engineer or agricultural and food processing industry technician trained in organic production techniques. 2. ORGANIC PRODUCTION REGULATIONS The sale of organic products in the European market is governed by: - European Regulation no. 834/2007 and its amended implementing regulations (nos. 889/2008 and 1235/2008) on organic production methods (processed or nonprocessed) - and, where applicable, all other equivalent standards, including the Ecocert Organic Standard (EOS) for Non-EU Countries Hereafter known collectively as the "Regulation". The reference documentation is available at the websites listed below: European Commission: Regulations, European logo and usage rules, seed database, etc. Organic Europe : Statistics, organic production report, information about each member country, useful contact details, etc. EOS (Ecocert Organic Standard): Ecocert Organic Standard for Non-EU Countries Other documentation: - Explanatory guides (in particular TS29(EC) Exporting to the EU) - request forms - list of Ecocert SA certified operators* http://ec.europa.eu/agriculture/organic/splash_en http://www.organic-europe.net/ http:///sites/default/files/u3/ec ocert-organic-standard.pdf http:// 3
3. THE INSPECTION AND CERTIFICATION PROCESS The diagram below explains how the service is organised. If successful, you will be awarded a certificate, or your existing certificate will be renewed. This will authorise you to produce and sell organic products under the Ecocert organic certification label. Request / Request review Commitment and description of the system Documentary review Inspection Review and certification decision Monitoring A detailed diagram of the certification process can be found in Annex I of this document 3.1 Application / Application review If you are interested in obtaining organic certification for your products, please read the following documentation: This organic certification process* The rules and explanatory sheets relating to your sector The certification application form The application form should be completed and returned to Ecocert. Once we have received your form, we will analyse your request to confirm your eligibility for certification. Reasons why the certification request may be suspended or rejected: failure to comply with the Regulation operations outside the scope of the Regulation proven participation in illegal activities identified risk to consumer health production practices that fail to respect human rights and/or the environment technical obstacles or risks posed to the inspectors through the geographical location of the site operator with major financial problems. Based on the content of your statements, we will produce a personalised annual quotation, taking your activity and the estimated workload into account. You will receive this quotation, along with a copy of our general terms and conditions of sale or technical terms and conditions, as applicable. 4
3.2 Commitment and description of the system Once you have signed the quotation, you will enter into a binding commitment to comply with the general terms and conditions of sale or technical terms and conditions, the certification process and the Regulation. Where Ecocert receives a commitment at the end of the current year, an inspection may only take place within the same year under the following conditions: - the optimal inspection period (depending on your activity, e.g. harvest season, start of processing, etc.) falls between the commitment date and the end of the year - you respond quickly in providing us with the detailed description of your activities (see paragraph C) prior to the inspection - our auditors have sufficient availability - the amount due is paid in full prior to the inspection. If any of these conditions is not met, the inspection and certification will be postponed until the following year. Once you have signed the commitment, Ecocert will send you a form in which you will need to describe your activity in detail. You will be asked to provide the following information: - a full description of the unit and/or premises and/or activity concerned - all practical steps taken at unit and/or activity level to ensure compliance with organic production rules - details of the precautions taken to reduce the risk of contamination from unauthorised products or substances, and the cleaning methods used in the storage premises and throughout the operator's production chain. NB: if you do not wish to use the Ecocert template, you may supply your own documentation, provided that it meets the minimum requirements as outlined. 3.3 Documentary review Ecocert will assess your description of your activity and conduct a formal documentary review, identifying any problems or areas in which you are failing to comply with organic production rules. 3.4 Inspection Once the documentation is complete and any corrective measures have been implemented, Ecocert will appoint a qualified inspector to assess your activity. The purpose of the on-site inspection is to assess your operation for compliance.. Samples make be taken. These will then be sent, anonymously, to one of our partner laboratories for analysis. You will be required to cover the cost of these analyses, along with 5
the associated handling fees. The inspection and sample analysis processes may be carried out by one of our subcontractors (see list at ). At the end of the audit, you will be provided with a list of instances of non-compliance observed, which you will be asked to sign. You will then be given an opportunity to suggest corrective measures and specify the associated implementation timeframes. NB: The inspection may only take place after full or partial payment of the estimated certification fees (as agreed with Ecocert). 3.5 Report review A copy of the detailed inspection report will be sent to the Ecocert Certification Manager for review. You will be sent a copy of the conclusions of this report review along with the final inspection report itself. The report review will clearly set out any instances of noncompliance which need to be addressed before certification may be awarded. You will be invited to respond within the specified timeframe, including evidence of the corrective action taken to address these instances of non-compliance. Any such action will need to be both remedial* and corrective*, and must be based on an analysis of the causes and extent of the instance of non-compliance. NB: You will also be sent a copy of the analysis results if a sample has been taken. 3.6 Corrective action review Ecocert will assess the responses received from you, along with the evidence and timeframes relating to the corrective action, to ensure that they are relevant and exhaustive in nature. 3.7 Certification decision Ecocert will then make a certification decision, based on the instances of non-compliance identified and whether or not the corrective action taken has resolved these issues. This decision may be: - positive: your certificate or certification document will be issued - negative: your certification will be withdrawn, suspended, etc. NB: a general certificate of compliance is insufficient if you wish to export your goods to Europe. Any goods entering Europe must be accompanied by an import inspection certificate. This is a mandatory document issued by the certification body*. This document may be issued on request, and subject to the verifications described in the document entitled "TS(29(EOS) guide to exporting organic agricultural products to the EU", which is available on our website. 6
3.8 Monitoring In order to renew the certification for your products, you will be required to update the description of your activity at least one every year (changes to practices, products, production facilities, management staff, etc.). Ecocert will review your updated documentation and adjust your quotation accordingly. In order to evaluate that compliance is maintained for your organic activities, we will implement a "monitoring plan" involving a range of assessments such as: - additional in-depth inspections where necessary - additional documentary verifications - sample-taking for analysis - introduction of risk management tools - etc. The content of this monitoring plan is based on aspects such as the results of the previous year's inspection, identified risks for your activity, any changes in certification requirements, the range of products submitted for certification, etc. NB 1: Ecocert may terminate the certification process at any time in the following cases: o proven participation in illegal activities or recurring instances of previously identified non-compliance o identified risk to consumer health o production practices that fail to respect human rights and/or the environment o technical obstacles or risks posed to the inspectors through the geographical location of the site o non-payment. NB 2: In the event of any doubt over the compliance of one of your products or activities, Ecocert may ask you to stop selling organic products for a specified period and until the risk is resolved. NB 3: You have the right to object to an Ecocert-appointed agent at any stage of the certification process for justified reasons (e.g. conflict of interest). 3.9 Derogation request If you encounter temporary problems in complying with your commitment, you may submit a derogation request* to Ecocert. Ecocert may accept or reject it following examination of the circumstances. 7
4. INSPECTION PROCESS 4.1 Renewal inspections Any operator that requests organic certification and is eligible for such certification must be inspected at least once per year, in depth and covering all activities, in order to maintain its certification. Ecocert will assess your activity and the associated risks in order to ascertain the time required for this inspection. This assessment will be based on the following criteria: - Type of activity - Number of sites requiring inspection - Type of internal system - Scale of the activity (land area, number of animals, etc.) - Number of products to be certified - Case history - Technical risks. 4.2 Additional inspections Further visits may be made in addition to the in-depth inspection. Prior notification may not necessarily be given for such visits, and they will normally target a particular aspect of your activity. You will receive a written inspection report for all such visits, outlining the inspector's conclusions, a list of any instances of non-compliance observed during the inspection, and the results of any analyses conducted. 4.3 Special arrangements for grower groups A partial inspection (covering only certain members of the group) may be carried out, provided that an internal control system (ICS) is in place. Ecocert will assess this ICS during the inspection. For more information, please read our practical guide on organic certification for grower groups, "TS01(EC-NOP) Minimum rules for groups". 5. CORRECTIVE ACTION PLAN Throughout the certification process, Ecocert will qualify the severity of instances of noncompliance using a corrective action plan associated with the Regulation. This means that all certification cases are treated in an impartial manner. The severity of an instance of non-compliance is based on its impact on the organic integrity of the product. The notions of fraud and recurring instances of non-compliance are also taken into account when determining the next steps of the certification process. 8
Below is a list of the types of non-compliance used by Ecocert, in ascending order of severity: - Corrective action requested: improvements need to be made to your system, but these improvements do not affect the certification of your products. The implementation of corrective action will help to reduce the risk of future noncompliance. Compliance with these recommendations will be assessed at the next inspection. - Certification pending: You need to take corrective action within a predetermined timeframe in order to obtain or maintain your certification. Additional assessment work may be required for this action, such as an analysis, a further inspection or a documentary review. - Product or batch downgraded: The product or batch is withdrawn from the certificate and may not be sold with any reference to the certification and/or to Ecocert. This prohibition also applies to all communication materials. - Product and plot downgraded: The plot will need to undergo a new conversion period, and all items produced on said plot are withdrawn from the certificate and may not be sold with any reference to the certification and/or to Ecocert. - Certification suspended: Ecocert suspends the current certificate and does not issue a new certificate for a predetermined period; this suspension covers part or all of the operation. The products may not be sold as organic or make reference to Ecocert for a predetermined period. - Certification withdrawn: This is equivalent to permanent suspension. In the event of withdrawal, the contract will be terminated and the relevant authorities informed. 6. APPEALS AND CLAIMS 6.1 Appeals 1. You may submit a written appeal to Ecocert (first appeal) concerning any decision about your certification, your products (certificates, corrective action requests and sanctions) or any decision relating to you within 30 days of receipt of said decision. The decision issued will remain in force throughout the appeal process. 2. In the event of an unfavourable decision of your first appeal, you may submit a second appeal; this will be submitted to the Ecocert certification Supervisory Committee* for consideration prior to a decision being made. The Supervisory Committee is made up entirely of non-ecocert members, representing the full range of certification sectors 9
(production, processing and distribution/export), to ensure that all decisions are made in an independent and impartial manner. This second appeal must be submitted, in writing, no later than 30 days after receipt of the outcome of the first appeal. As with the first appeal, the decision issued will remain in force throughout the second appeal process. 6.2 Claims Ecocert will record and assess all written claims issued by third parties (customers, competitors, end consumers, etc.) relating to its certification activity. The originator of the claim will then receive an appropriate response. As an organic production operator, it is your responsibility to record all third-party claims relating to your certified products and to respond to these claims. 7. POSTPONEMENT In the event that you wish to postpone certification of your operation (shutdown), or where an external event makes it impossible to carry out the certification process (temporary safety issue in the area, etc.), Ecocert may agree to suspend the service for a period of time determined on a case-by-case basis. The contract between the parties will remain in force throughout this period, but the process itself will be suspended. All certification documents issued by Ecocert prior to the postponement will become invalid throughout this period. The operator will no longer be authorised to manufacture or sell Ecocert-certified products. No reference may be made to certification and/or to Ecocert on any communication material whatsoever. At the end of the postponement period, the certification process will begin again at stage 1 (request review followed by an initial authorisation inspection) as if it were a brand new request. 8. TERMINATION OF THE CONTRACT If you no longer require certification of your products, you must inform Ecocert, in writing, subject to the notice period stipulated in the general terms and conditions/technical terms and conditions. Termination of the contract will render the associated certificates null and void. As a result, you will no longer be authorised to manufacture or sell products that refer to the certification and/or to Ecocert from the date upon which the contract is terminated. 10
However, in the event that you have an existing stock of compliant products which refer to the certification and/or to Ecocert, and you wish to sell this stock, you must notify us of the quantity of said products in stock and the estimated disposal timeframe. Following an assessment, Ecocert may decide to extend the contract in order to allow you to sell your remaining stock of compliant products, subject to certain conditions. Depending on the circumstances, these conditions may include an additional inspection or further documentary verifications. You will be billed for any such additional work at the applicable rate. The contract and the certificate will remain valid until the estimated date on which your remaining stock of certified products will be sold. However, during this period, you will not be authorised to manufacture new products which refer to organic certification and/or to Ecocert. In all cases, you must contact Ecocert to determine the exact contract termination arrangements. 9. USE OF THE BRAND AND REFERENCES TO ECOCERT All documents or communication materials which refer to Ecocert must comply with the identification rules (TS18(EC-NOP)) and must be submitted to Ecocert for approval prior to their publication. All communication with respect to certified products must accurately reflect their certification status. 11
Annex I: Detailed diagram of the certification process 12
Annex II: Definitions OPERATOR: the natural or legal persons responsible for ensuring that the requirements of this Regulation are met within the organic business under their control PROCESS: all related or interactive activities involved in the conversion of inputs into outputs CERTIFICATION BODY: a third-party organisation responsible for assessing compliance with certification programmes REMEDIAL ACTION: an action which addresses the consequences of a problem CORRECTIVE ACTION: an action which ensures that an identified problem cannot arise again DEROGATION: an exception planned on standards to the application of a contractual, legal or administrative rule SUPERVISORY COMMITTEE: a committee (independent monitoring body) consisting of members representing multiple sectors (e.g. consumers, producers, distributors, manufacturers, etc.). The committee is responsible for ensuring that the certification process is properly applied and that Ecocert SA operates in an impartial manner. It may be called upon to consider cases submitted by the certification department. Ecocert SA remains responsible for all decisions and the application of sanctions. 13