In 2018, the European Commission established the EU 2018/848 Organic Regulation, replacing EC Regulation 834/2007. The implementation of this regulation has been postponed for one year, from January 1, 2021. The European Commission will implement the new rules on organic production certification starting January 1, 2022.

Implementation and Adjustment Phases

• For EU member states, this regulation will take effect from January 1, 2022.

• For non-EU countries, operators will have a transition period from January 1, 2022, to December 31, 2024. During this period, operators are required to adapt to the new organic production rules. Biocert will gradually implement the changes and adjustments to its clients.

By January 1, 2025, all EU organic clients using the Biocert organic standard (BOAS) will be checked for compliance with EU 2018/848. Biocert will provide further information regarding the implementation of the changes by operators as required above, following any updates from the European Commission and the Accreditation Body.

Summary of the changes to organic regulations in EU Regulation 2018/848 and other relevant regulations:

Import Regulations

All organic products exported to the European Union must only meet the requirements of EU Regulation 2018/848. Therefore, there will no longer be any distinction between operators in EU member states and those outside the EU.

Limitation on the Number of Certification Bodies

An organizational entity may only obtain organic certification from one organic certification body for a single activity at the same location or for the same type of production.

Operator Groups / Farmer Groups

Article 36 (EU Regulation 2018/848) specifically addresses new provisions regarding the organization of farmer groups (also referred to as operator groups) and sampling for certification. Additional provisions and amendments to Article 36 can be found at the end of this document. Groups are still required to establish an Internal Control System (ICS).

Some of the revised provisions include:

1. Groups may only consist of farmers, who may be involved in processing, handling, or marketing.

2. The maximum number of members in a group is 2,000.

3. Members may have a business scale with the following limitations:

   • have a land area of ​​less than 5 ha, with 0.5 ha for a greenhouse, or

   • have individual certification costs for each member exceeding 2% of annual turnover or the Organic Production Output Standard AND annual organic production turnover not exceeding EURO 25,000 or

   • have an Organic Production Output Standard of no more than EURO 15,000/year.

4. Clarity of the legal entity of the operator group or farmer group.

5. Each member must use the same marketing channel.

6. All group members must be located within the same geographic area.

Group Member Sampling and Laboratory Testing

Provisions regarding inspections by the Certification Body for operator groups are regulated in Article 7(e) of EU Regulation 2021/279.

This regulation stipulates that for each group: at least 5% (or at least 10 members) of the group must be inspected. If there are fewer than 10 members, all must be inspected. The number of inspections is determined based on each operator's risk analysis.

Product testing for laboratory analysis is carried out on at least 2% of the group's members annually.

Regulations on Production and Processing

Chapter III of Regulation EU 2018/848 sets out general provisions for production and processing.

Regulations on Plant Production

Regulations on Plant Production are regulated in Chapter III, Article 12 of Regulation EU 2018/848 and Annex II, Part 1. Regulations on plant production cover: conversion period, plant production, plant propagation material, collection, packaging, transport and storage, and permitted materials and substances.

Plant Protection Products

Important changes regarding Plant Protection Products are regulated in Article 24 and further explained in Regulation 2021/1165 (“Authorization of Products and Substances for Use in Organic Production”).

Plant Origin and Plant Propagation

Regulations regarding the origin of plant propagation material and seeds used are regulated in Annex II, Part I, Art. 1.8.

Soil Fertility

Important changes regarding soil fertility are regulated in Annex II, Part I, Art. 1.9, concerning the obligation to maintain and improve soil fertility, one of which is the obligation to plant legumes. The use of fertilizers and soil conditioners as additional fertilizing materials is permitted when the nutrient content available through the organic production ecosystem cannot meet the plant's needs. Hydroponics remains prohibited under the new regulations.

Processing Regulations

Processing regulations are set out in Chapter III, Article 16 of EU 2018/848 and Annex II, Part IV. The fundamental change is the restriction on the use of non-organic flavoring ingredients.

EU organic regulations relating to control and production methods can be accessed at the following link.