Regulation on the approval of inspection bodies in accordance with the Oeko-Landbaugesetz (OCT-Control Points-Admission Regulation-ÖLGControl StZulV)

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ÖLGControl StZulV

Date of completion: 07.05.2012

Full quote:

" OCT-Control Ordinance-Admission Regulation of 7 May 2012 (BGBl. I p. 1044) "

*)

This Regulation also serves for the implementation of Directive 2006 /123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 327, 30.12.2006, p. 36), and the implementation of Directive 2005 /36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 378, 27.12.2005, p. OJ L 255, 30.9.2005, p. 22).

Footnote

(+ + + Text proof: 12.5.2012 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 ERL 123/2006 (CELEX Nr: 32006L0123) 
 ERL 36/2005 (CELEX Nr: 32005L0036) + + +) 

  

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Input formula

On the basis of Section 11 (1) (6) of the Organic Agriculture Act of 7 December 2008 (BGBl. I p. 2358), the Federal Ministry of Food, Agriculture and Consumer Protection is responsible for: Unofficial table of contents

§ 1 Scope

This Regulation lays down detailed rules on the conditions and the procedure for the authorisation of private inspection bodies in accordance with Article 4 (1) to (4) of the Oeko-Land-Building Act. Unofficial table of contents

§ 2 Application for admission

The application for admission is to be submitted by the supervisory authority in writing or in electronic form to the Federal Institute for Agriculture and Food (Bundesanstalt). The application shall specify which of the control areas listed in Annex 1 to the Commission Regulation (EC) No 889/2008 of 5 September 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007, as defined in Title IV, Chapters 2 to 7 of Regulation (EC) No 889/2008 on organic production and labelling of organic products in relation to organic production, labelling and control (OJ C 327, 22.4.2002, p. 1), as last amended by the Implementing Regulation (EU) No 203/2012 (OJ L 327, 28.12.2008, p. 42), as amended, the application for authorisation has been applied for. Unofficial table of contents

§ 3 Application content

(1) The application for authorisation as a control body shall be all the subject of an examination of the conditions laid down in Article 27 (5) and (6) of Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of ecological/biological products and repealing Regulation (EEC) No 2092/91 (OJ L 206, 22.7.1991, p. 1), as amended by Regulation (EC) No 967/2008 (OJ L 189, 20.7.2008, p. 1) has been amended to include in the relevant version required documents in accordance with § § 4 to 11. (2) The request shall be accompanied by a declaration that the control body is responsible for carrying out the checks. under the conditions laid down in § § 5 to 10. Unofficial table of contents

§ 4 Quality management

The application is the quality management manual, including the procedural instructions provided for in point 4.5.3 and the documentation provided for in point 4.8 of the standard DIN EN 45011 (March 1998 edition) ¹⁾ shall be attached.

1)

Official notice: This DIN standard has been published in Beuth-Verlag GmbH, Berlin and Cologne and is secured and deposited by the German Patent and Trademark Office in Munich.

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§ 5 Standard control procedure, model control contract

The control body shall attach to the application a presentation of the standard control procedure, provided for in Article 27 (6) (a) of Regulation (EC) No 834/2007, in particular in accordance with paragraphs 2 to 4. (2) The presentation shall contain a model of the forms used by the control body, the information required to be provided to operators when the control procedure referred to in Article 63 (1) of Regulation (EC) No 889/2008 is received and for any modification referred to in Article 64 of Regulation (EC) No 889/2008. (3) The presentation must be a model of Documentation for the carrying out of the inspection visits by the control body and for the evaluation thereof. The documents shall cover the contents of Regulation (EC) No 834/2007 and the acts adopted by the European Community or the European Union adopted for its implementation, and shall be accompanied by documentation of the examination to be carried out. A separate form shall be provided for each of the derogations provided for in the control of the relevant provisions, in which case the nature of the derogation shall be clearly recorded. It must be clear from the forms that the control report and the deviations found immediately after the completion of the inspection visit shall be carried out by the operator responsible for the unit of operation or by his authorised representative with the Possibility to take a position, be countersigned. A procedure must be documented showing that a copy of the control report as a whole remains after being signed with the controller. (4) The presentation must be a model of the evaluation letter used by the control body, which shall be sent to the trader by the inspection post after control has been carried out. The evaluation letter must contain a list of any deviations that may have been identified and for possible conditions. In the evaluation letter, provision should be made for a deadline for the elimination of derogations as soon as possible, unless a time limit is not appropriate. (5) It must be clear from the presentation of the standard control procedure that the Deviations, requirements and measures and time limits for the elimination of the deviations in the inspection body must be documented and, in the event of deviations which result in a warning, the ablation of the identified defects in the form of a time-related and The inspection body must check for a fee-based follow-up inspection. In individual cases, it may be possible to do so from a follow-up inspection, if special circumstances justify this and the concerns to be taken by the standard control procedure are not endangered. (6) The presentation of the standard control procedure must be a Procedural instruction which provides that the supervisory authority, in so far as it is entrusted with the competence referred to in Article 45 (4) of Regulation (EC) No 889/2008, shall grant the authorisations it has granted pursuant to the first sentence of Article 54 (1) of the Regulation (EC) No 889/2008 in the database within the meaning of Article 48 of Regulation (EC) No 889/2008 889/2008. (7) The application shall be accompanied by a model for the control contract which the inspection body intends to conclude with the contractors. Unofficial table of contents

§ 6 Risk analysis

The control body shall attach to the application a procedural instruction for the implementation of an annual risk analysis referred to in the first sentence of Article 27 (3) of Regulation (EC) No 834/2007 for the undertakings of the operators with which the control body is responsible. has concluded a control contract. The risk analysis shall include the activities of third parties who are not themselves subject to the control system in accordance with the third sentence of Article 28 (1) of Regulation (EC) No 834/2007. (2) In the case of the procedure, provision should be made for the risk analysis to be carried out in the case of the Risk analysis, in particular, shall be taken into account:

1.

Market importance and range of products,

2.

the structure and complexity of the enterprise, the number and structure of suppliers of subcontractors, the existence of subcontractors,

3.

the change of the company's owner or the management staff,

4.

the existence of appropriate internal quality assurance systems,

5.

Parallel production of non-ecological and ecological products,

6.

Product type and

7.

Derogations from the provisions of Regulation (EC) No 834/2007 as well as of acts adopted by the European Community or the European Union in respect of their implementation have been determined in the past in the company.

(3) The procedural instruction shall include:

1.

the outcome of the risk analysis as a basis for determining the intensity of the unannounced or announced annual inspection visits referred to in Article 65 (1) of Regulation (EC) No 889/2008 and the number of unannounced items to be carried out. or announced additional inspection visits or sampling visits referred to in Article 65 (4) of this Regulation and for the determination of the control intervals for wholesalers acting only with packaged products,

2.

on the basis of risk analysis, at least 10 of the hundred of the operators with whom the control body has concluded a control contract, at least one additional inspection visit or sample inspection visit, weighted according to the individual risk levels, should be provided;

3.

the intra-company and cross-company flow controls to be carried out by the control bodies are carried out in a risk-oriented manner and distributed to all control areas;

4.

at least 20 inspection visits are carried out unannounced by 100 control visits in accordance with Article 65 (1) and (4) of Regulation (EC) No 889/2008,

5.

depending on the risk classification, further unannounced inspection visits are provided.

In the case of point 3 of the first sentence, 100 undertakings with which the control body has concluded a control contract shall initiate at least 10 cross-company checks on the flow of goods for at least one product, each of which shall be subject to the A control body with which the supplier or purchaser of the product has concluded a control contract. Unofficial table of contents

§ 7 Implementation of sampling and analysis

(1) In accordance with the following provisions, the application shall be accompanied by a procedural instruction of the control body for the implementation of both representative and non-Annex sampling, including analysis and evaluation. (2) For the purposes of Subject to other relevant legislation, sampling shall be subject to the provisions of Commission Directive 2002/63/EC of 11 July 2002 establishing Community methods of sampling for the official control of pesticide residues in and on Products of plant and animal origin and repealing the Directive 79 /700/EEC 30, OJ L 171, 5.5.2004, p. 3), as amended. (3) For each sampling, a documentation should be provided in the control report. (4) Information on the type and scope of the sample must be provided in the sampling protocol. (5) A risk-based sampling with analysis and evaluation should be provided for each year at 5 of the hundred of the operators with whom the control body has concluded a control contract. (6) Before the start of a Each calendar year shall be subject to a plan for probable sampling in the calendar year create. Unofficial table of contents

Section 8 Information requirements

(1) The application shall be subject to a procedural instruction for the exchange of information in accordance with the following provisions. (2) In the case of undertakings which are wholly or partly controlled by various control bodies, the application shall be subject to the following conditions: ensure that the control bodies involved exchange the data required for their respective control activities. (3) In the event of a change of control station by an entreponer or the appointment of a further Inspection post with the control of an operating or operating part for which the The operator shall be responsible for providing that the control authority of the control body which has now been appointed to carry out the task shall provide the data necessary for the fulfilment of its duties on the undertaking referred to in Article 31 of Regulation (EC) No 834/2007. , such as the necessary documents for the continuation of the implementation of the measures and obligations imposed on a company by the supervisory authority responsible for the control of a company, shall be submitted without delay. Provision should be made for the newly appointed supervisory authority to continue the measures and conditions already imposed on the undertaking concerned, in so far as the newly appointed supervisory authority, after examination of the facts, shall, in consultation with the competent authority, (4) The termination of the control contract with an operator must be notified to the competent national authority by the inspection body without delay, indicating the Date and the reason of termination of the control contract communicated (5) In the model control contract in accordance with Article 5 (7), provision should be made for a procedure according to which the operator with which the control body concludes a control contract shall be notified of the notification referred to in Article 28 (1), first sentence, point (a) of Regulation (EC) No 834/2007 to the competent national authority only after confirmation of the information and allocation of the alphanumeric identification number in accordance with the provisions of Appendix 2 by the control body. Unofficial table of contents

Section 9 Control visits

(1) The application shall, in accordance with the following provisions, submit a procedural instruction of the supervisory authority for the implementation of the first and follow-up visits. (2) Agreed control dates shall be documented in the company act and may only be changed for important reasons. Where an agreed date of inspection cannot be complied with by the inspection body or by the operator in which the control is provided, the reasons for the inspection body must be documented in a comprehensible manner in the documents. The inspection body shall agree on a new date in the near future. Partial exams shall be given priority. (3) In the case of unannounced checks, tests shall be carried out as far as possible. The operator responsible for the unit of operation or his authorised representative shall accompany the inspection in order to provide the necessary information. (4) The competent authority of the State shall be responsible for any inspection date and the modification of the competent authority. inform the supervisory authority without delay, insofar as this is requested by the competent State authority. Unofficial table of contents

§ 10 Catalogue of measures

(1) The application shall submit a procedural instruction to be submitted by the supervisory authority in the event of a determination of derogations from the provisions of Regulation (EC) No 834/2007 and of the acts adopted by the European Commission in respect of its implementation. The Community or the European Union shall provide for the application of a catalogue of measures in accordance with the provisions of Annex 3 to the undertakings with which the inspection body has concluded a control contract. (2) In the procedure referred to in Paragraph 1 shall be set out in detail as to how the supervisory authority shall, in the case of (b) to identify and verify any remedial measures taken, where appropriate. Unofficial table of contents

Section 11 Requirements for the inspection staff

(1) To be admitted as a private inspection body, it is necessary to demonstrate that:

1.

there is a sufficient number of qualified persons,

2.

the staff of the inspection body satisfy the respective qualification requirements set out in Annex 4, point 1 in conjunction with point 3,

3.

the persons responsible for the control are equipped for the self-employed conduct of checks with the appropriate control qualification as set out in Annex 4, points 2 and 3, and maintain their control capability in accordance with Annex 4, point 4. remains and

4.

the persons working in the inspection body satisfy the requirements to ensure the objectivity, neutrality and impartiality of the control staff in accordance with Annex 4 (5).

(2) A sufficient number of persons within the meaning of paragraph 1 (1) shall be presumed to have, in addition to the control point management, for each control area within the meaning of Title IV, Chapters 2 to 7 of Regulation (EC) No 889/2008, for which the (3) It is necessary to prove that the inspection body has the necessary conditions to ensure a proper business operation on Mondays to Fridays during normal business hours, so that, if necessary, take immediate action in relation to the establishments which it controls and can immediately give information to the competent authorities. (4) The application for authorisation for each of the control centres and their representation shall be subject to the application of the application for authorisation. To apply for a certificate of management at the Federal Institute for the submission of a certificate. The application for the first sentence must be proven when the application is submitted. (5) In the course of the examination of the application by the supervisory authority for admission pursuant to § 2, evidence from another Member State of the European Union or of another Contracting State of the Agreement on the European Economic Area (EEA), where they show that the staff meets the requirements of paragraph 1 (2) to (4) or substantially comparable to those referred to in paragraph 1 (2) to (4) The requirements of the issuing State are met. Proof of proof within the meaning of sentence 1 shall be submitted to the Bundesanstalt upon application in the original or in copy. A certification of the copy as well as a certified German translation can be requested. Unofficial table of contents

§ 12 Approval

(1) The decision on the application of the supervisory authority shall be taken by written notice. (2) The approval shall be granted to the inspection body in accordance with its application and its personnel and technical equipment as presented in the application, as well as the (3) The persons responsible for one or more control areas within the meaning of paragraph 2 shall be subject to the notification of admission and their representatives shall be responsible for the . The responsible persons designated for a control area may only work in the person who is admitted to them in the letter of approval. (4) The applicant and the approved inspection body shall immediately inform the Federal Agency of the , if:

1.

change the essential facts relating to admission requirements, or

2.

an amendment to the persons responsible for the control or in respect of their area of activity.

(5) The approved inspection body must submit proof to the competent national authorities and the Federal Office by 15 February of a calendar year that the control competence of the persons responsible for the control shall be established in accordance with Annex 4. Number 4 has been maintained in the previous year. If a person responsible for the control has not been able to carry out the necessary number of checks in one year, the Bundesanstalt must be proved and informed to the competent national authorities, such as the (6) After the approval of a control body, the approval of other persons intended for control or the change in the scope of the persons provided for control shall be granted. by the Federal Institute by written communication. The withdrawal of persons intended for control shall also be determined by written communication. Unofficial table of contents

Section 13 Rules of Procedure

A request for admission is to be made within a period of three months, on an application pursuant to § 12 (6) sentence 1 within a period of four weeks, in each case after receipt of the complete application documents at the Federal Institute, to Article 42a, paragraph 2, sentences 2 to 4 of the Administrative Procedure Act shall apply. § § 71a to 71e of the Administrative Procedures Act shall apply to the procedure provided for in the first sentence of the Administrative Procedure by a single entity. Unofficial table of contents

Section 14 Samples and forms

(1) For the applications, documents, forms, letters, contracts, procedures, reports, notices, notices and overviews provided for in this Regulation, the Federal Agency may publish samples or forms, including electronic forms, ready to stay. For the electronic transmission of the data, the Bundesanstalt can provide a format to be used. (2) Insofar as the Bundesanstalt publishes samples or provides forms, these are to be used. Unofficial table of contents

Section 15 Information to the Länder

The Federal Institute shall inform the competent national authorities of the granting of an authorisation and of the modification thereof. Unofficial table of contents

Section 16 Transitional provision

In the case of an authorisation in accordance with Section 4 (1) of the Organic Agriculture Act, which exists on 12 May 2012, the Federal Institute may, in so far as the requirements of Section 4 (4) of the Organic Agriculture Act are fulfilled, be provided with the condition, within a the following documents shall be submitted:

1.

the quality management manual according to § 4,

2.

the standard control procedure and the model control contract in accordance with § 5,

3.

the evidence of compliance with the requirements for the staff of the inspection staff in accordance with § 11 and

4.

the procedural instructions

a)

to carry out the risk analysis in accordance with § 6,

b)

for the carrying out of sampling in accordance with § 7,

c)

to the information requirements in accordance with § 8,

d)

for the implementation of control visits in accordance with § 9 and

e)

to the catalogue of measures according to § 10.

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Section 17 Entry into force

This Regulation shall enter into force on the day following the date of delivery. Unofficial table of contents

Final formula

The Federal Council has agreed. Unofficial table of contents

Appendix 1 (to § 2)
Control areas referred to in Title IV, Chapters 2 to 7 of Regulation (EC) No 889/2008, for which an application for authorisation pursuant to § 2 sentence 2 is requested

(Fundstelle: BGBl. I 2012, 1049)

1.

Control area A. Agricultural production

The control area shall comprise units for the production of plants and plant products from agricultural production or from the collection of wild plants, excluding seaweed, and of animals and animal products from the Animal production, without beekeeping and without the production of animals in aquaculture; the processing, packaging and marketing of products exclusively produced in the company's own operation are included in the

2.

Control area A. Agricultural production-Imkerei

The area of control shall include units for the production of animals and animal products from beekeeping; the processing, packaging and marketing of products exclusively produced in the course of their own operation shall be included in the following:

3.

Control area A. Agricultural production-seaweed and aquaculture

The area of control shall include units for the production of seaweed and animals in aquaculture; the processing, packaging and marketing of products exclusively produced in their own operation shall be included in the control area;

4.

Control area B. Manufacture of processed food

The area of control shall comprise units for the treatment of plant, marine and animal products and of animal and aquaculture products and foodstuffs from such products as well as units which produce organic products only store and act,

5.

Control area C. Trade with third countries (import)

The control area includes units for imports of organic/organic products from third countries,

6.

Control Area D. Award to third parties

The area of control shall include units producing, processing or importing organic products and giving part or all of the related operations to third parties,

7.

Control range E. Manufacture of feedingstuffs

The control unit shall include units for the preparation of feedingstuffs.

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Appendix 2 (to § 8)
Allocation of the alphanumeric identification number

(Fundstelle: BGBl. I 2012, 1050)
A. Preface: The inspection body assigns to each undertaking with which it has concluded a control contract an alphanumeric identification number, which shall be used exclusively for the purpose of carrying out the control procedure from the inspection body, the The operator, the competent national authorities and the Federal Institute shall be used. This number shall be registered by the supervisory authority on the registration form. Structure of the alphanumeric identification number: The alphanumeric identification number shall be allocated according to the following pattern:

DE-XY-099-09999-Z

Importance of the individual elements:

-EN:

Abbreviations for Germany,

-XY:

the abbreviation of the country in which the trader has its registered office, in accordance with the following table:

Baden-Württemberg	BW	Lower Saxony	NI
Bavaria	BY	North Rhine-Westphalia	NW
Berlin	BE	Rhineland-Palatinate	RP
Brandenburg	BB	Saarland	SL
Bremen	HB	Saxony	SN
Hamburg	HH	Saxony-Anhalt	ST
Hesse	DB	Schleswig-Holstein	SH
Mecklenburg-Vorpommern	MV	Thuringia	TH

-099:

Numerical part of the code number of the control body in accordance with Section 2 (2) (3) of the Organic Agriculture Act,

-09999:

The five-digit company-specific identification number to be issued by the control body, which may also be listed in the number zero in the digit sequence,

-Z:

The abbreviation of the control areas referred to in § 2, in which the undertaking operates and is controlled by the control body. For companies which exclusively store or trade organic products, the abbreviation H is to be used.

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Appendix 3 (to § 10)
Catalogue of measures to be applied in the event of derogations from the relevant provisions

(Fundstelle: BGBl. I 2012, 1051-1061)
A. Preliminary remarks:

1.

The measures set out in this catalogue shall be applied in the event of derogations from the relevant provisions in respect of entrepreneurs subject to the control procedure laid down in EU legislation on organic farming; to the extent that the inspection body is responsible for this in accordance with the provisions of the national law.

2.

The measures shall be applied in accordance with the principle of proportionality. The application of the catalogue of deviating measures shall be justified. In the event of a renewed determination of the same deviation in the next inspection visit or in the case of serious cases, the next level of the measures shall normally be applied.

3.

Individual cases which are not covered by this catalogue of measures shall be duly taken into account by the supervisory authority.

4.

The procedural instruction to be submitted by the supervisory authority in accordance with Article 10 (1) shall include at least measures in the following stages:

a)

Warning with notice of resignation,

b)

the modification or suspension of the certificate referred to in Article 29 (1) of Regulation (EC) No 834/2007 pending the establishment of the proper condition,

c)

the removal of the reference to organic farming from the consignment in question in accordance with the first sentence of Article 30 (1) of Regulation (EC) No 834/2007;

d)

A temporary ban on the trader referred to in the second sentence of Article 30 (1) of Regulation (EC) No 834/2007, to market products with a reference to organic farming.

5.

Without prejudice to the requirement of Article 5 (5), a fee-based follow-up inspection may be carried out in addition to a measure. The provisions of § 7 shall remain unaffected by the requirements which refer to the necessity of sampling in the case of individual measures.

6.

A provisional prohibition on marketing in the event of suspicion in accordance with the first sentence of Article 91 (2) of Regulation (EC) No 889/2008 does not constitute a level of measures within the meaning of this catalogue.

7.

The provisions of § § 12 and 13 of the Eco-Landbaugesetz (Oeko-Landbaugesetz) are without prejudice to the provisions of the criminal or fine law.

8.

Explanatory notes to the following table:

The abbreviations have the following meanings:

LW:

Agriculture

VA:

Processors

FM:

Feed manufacturers

IM:

Import undertakings

SUB:

Subcontractor

All:

All business units subject to the control procedure

WS:

Wild collection.

B. Policy Catalogue:



Under- take- Deviation of the legal basis measure

1		Labeling/Labelling/ Marketing
1.1	All	Inappropriate labelling with respect to organic production (product is not organic or contains unauthorised non-organic ingredients).	Article 23 of the Regulation (EC) No 834/2007	Removal of the reference to organic farming from the consignment in question.
1.2	All	GMOs, substances which are not authorised in accordance with Annex VIII to Regulation (EC) No 889/2008, or ionising radiation.	Article 23 of the Regulation (EC) No 834/2007 i. v. m. Annex VIII to the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
1.3	All	Ingredients listed in Annex VIII A or VIII B of Regulation (EC) No 889/2008, but used in an inadmissible scope.	Article 23 of the Regulation (EC) No 834/2007 i. v. m. Annex VIII to the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
1.4	All	Use of non-organic agricultural ingredients which are not listed in Annex IX to Regulation (EC) No 889/2008 and for which no derogation is granted.	Article 23 of the Regulation (EC) No 834/2007 i. v. m. Annex IX to the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
1.5	VA	Umpositionware contains more than one vegetable ingredient.	Article 62 of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
2		Agriculture Control
2.1	LW	The prerequisite for parallel production or for the management of a non-ecological production unit is not complied with and there is no comprehensible separation of the products.	Article 11 of the Regulation (EC) No 834/2007, Article 6b (2), Articles 25c, 40, 73, 79, 79d of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
2.2	LW	The storage of illegal operating equipment, with the exception of appropriations for the cleaning and disinfection of stables in accordance with the third sentence of Article 23 (4), shall be taken. V. m. Annex VII to Regulation (EC) No 889/2008 and to the control of insects and parasites referred to in Article 23 (4) (4) (i). V. m. Annex II and VII of that Regulation is established and there is a reasonable suspicion of use.	Article 35 (2) of the Regulation (EC) No 889/2008	Removal of the reference to organic farming of all possible affected areas; in the case of companies which for the first time convert to organic farming, in the first year of the changeover, warning with post-control.
3		Crop production
3.1	LW	Use of non-ecologically Seed/planting material without any required individual approval, although Oeko-seed/planting material available.	Article 12 (1) of the Regulation (EC) No 834/2007	Removal of the reference to organic farming from the consignment in question.
3.2	LW	Use of genetically modified varieties.	Article 9 (1) of the Regulation (EC) No 834/2007	Removal of the reference to organic farming from the consignment in question.
3.3	LW	Conversion period for conversion products not complied with; marketing takes place.	Article 62 (a) of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
3.4	LW	the conversion period for plants and plant products is not respected, or is not sufficiently substantiated.	Article 36 of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
3.5	LW	Use of inadmissible fertilizers and soil improvers.	Article 12 (1) (e) of the Regulation (EC) No 834/2007, Article 3 (1) i. v. m. Annex I to the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question and reconversion.
3.6	LW	Inadmissible chemical plant protection products used.	Article 5 i. V. m. Annex II to the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question and reconversion.
3.7	WS	Collection areas do not comply with the requirements of the Regulation.	Article 12 (2) of the Regulation (EC) No 834/2007	Removal of the reference to organic farming from the consignment in question.
3.8	Mushrooms	The substrate for the production of fungus is not in accordance with the provisions of the Regulation.	Article 6 of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
4		Animals and animal products
4.0
4.0.1	LW	Non-ecological part of an operation with the same species.	Article 17 (1) of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
4.0.2	LW	The communal areas used by organic animals do not comply with the requirements of the Regulation.	Article 17 (3) of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
4.0.3	LW	Conversion time is not met.	Article 38 of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
4.1		Origin of the animals
4.1.1	LW	Do not purchase organic animals without sufficient documentation of non-availability. Proof cannot be provided retrospectily.	Article 9 of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
4.1.2	LW	Do not buy organic animals despite the availability of eco-animals.	Articles 9, 42 of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
4.1.3	LW	Non-authorised non-ecological animals purchased.	Articles 9, 42 of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
4.2		Feeding
4.2.1	LW	Feeding of milk replacers during the minimum period of the lactation.	Article 14, paragraph 1 point (d) (vi) of Regulation (EC) No 834/2007, Article 20, 22 i. V. m. Annex V to the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
4.2.2	LW	Too high a proportion of non-organic feedingstuffs.	Article 43 of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
4.2.3	LW	Non-organic plant feedingstuffs, not listed in Annex V, used.	Article 22 (1) i. v. m. Annex V to the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
4.2.4	LW	Non-organic or organic animal feed of animal origin not listed in Annex V.	Article 22 (2) i. v. m. Annex V to the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
4.2.5	LW	Antibiotics, coccidiostats in feeding, growth promoters or the like. is used.	Article 14 (1) (d) of the Regulation (EC) No 834/2007, Article 23 (2) of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
4.2.6	LW	GMOs used in feedingstuffs.	Article 9 (1) and (2) of the Regulation (EC) No 834/2007	Removal of the reference to organic farming from the consignment in question.
4.3		Disease prevention and veterinary treatments
4.3.1	LW	Chemical-synthetic allopathic medicinal products or antibiotics administered without prescription by the veterinarian.	Article 24 (3) of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
4.3.2	LW	Preventive chemical-synthetic allopathic medicinal products or antibiotics administered (treatment in case of problems with the recovery of the veterinarian is not considered to be preventative).	Article 23 (1) of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
4.3.3	LW	Double waiting time, as required by law, is not observed. Conversion time after multiple treatments is not observed.	Article 24 (4) and (5) of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
4.4		Livestock practices
4.4.1	LW	Application of embryo transfer.	Article 14 (c) Point (iii) of Regulation (EC) No 834/2007	Removal of the reference to organic farming from the consignment concerned (affected animals).
4.4.2	LW	Interventions in animals have been carried out routinely or without anaesthes/painkillers or at an unsuitable age, or approval of the competent authority is not available.	Article 18 (1) of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
4.4.3	LW	There is no authorisation from the authority for a tie-up, and the connection is not approachable.	Article 95 (1), Article 39 of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
4.4.4	LW	Exemption for tie-up is available, but summer pasture or 2-times weekly run-out is not performed.	Article 39 of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
4.4.5	LW	Minimum slaughtered age in poultry is not observed or a slowly growing breed is not used.	Article 12 (5) of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
4.5		Stables, outflows and posture conditions
4.5.1	LW	Minimum surface area does not comply with Annex III, exemption authorisation is not available.	Article 10 (4) i. v. m. Annex III to the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
4.5.2	LW	Minimum free space does not comply with Annex III, derogation is not available.	Article 10 (4) i. v. m. Annex III to the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
4.5.3	LW	No access to outdoor grounds.	Article 14 (1) (b) (iii) of the Regulation (EC) No 834/2007, Article 14 of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
4.5.4	LW	The conversion time for other animal species as herbivores has not been observed.	Article 37 (2) of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
4.5.5	LW	The final fattening of bovine animals for meat production in the stable exceeds the time allowed.	Article 46 of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
4.5.6	LW	Poultry stables do not comply with the relevant regulations.	Article 12, Article 14 of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
4.5.7	LW	There is no clear separation of production units from poultry meat production or several production units under one roof.	Article 12 (3) (f i). V. m. Article 2 (f) of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
4.5.8	LW	Maximum number of animals exceeded.	Article 12 (3) (e) of Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
4.5.9	LW	Hens from chicks that were held more than three days in a conventional manner Eco-slaughtered animals marketed.	Article 38 (1) (c) and Article 42 (a) of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
4.5.10	LW	Access to outdoor areas less than a third of the life span of poultry.	Article 14 (5) of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
5	Bees	Beekeeping and apiculture products
5.1	Bees	Conversion time is not met.	Article 38 of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
5.2	Bees	The location of the hives does not comply with the relevant regulations.	Article 13 (1) of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
5.3	Bees	Use of non-organic sugars for winter feeding.	Article 19 (3) of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
5.4	Bees	Use of non-organic honey for trach gap feeding.	Article 19 (3) of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
5.5	Bees	Permitted feeding period exceeded.	Article 19 (3) of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
5.6	Bees	Disease prevention is not carried out in accordance with the relevant rules. Other than the authorised veterinary medicinal products used, separation, exchange of wax, conversion time not being complied with.	Article 25 of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
5.7	Bees	Exploits of illegal material (not valid for pardon boxes, etc.).	Article 13 (3) of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
5.8	Bees	Inadmissible substances used in the hives.	Article 13 (5), Article 25 of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
5.9	Bees	Non-ecologic wax used without prior analysis.	Article 13 (4), Article 44 (b) of the Regulation (EC) No 889/2008	Sampling and, in the case of a positive analysis, the removal of the reference to the organic farming of the consignment in question, or, if appropriate, warning and follow-up with sampling.
5.10	Bees	Acidification and disinfection with inadmissible substances.	Article 25 (1) and (2) of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
6	Aquaculture	Algae and aquaculture animals
6.1	Aquaculture in general	Contaminated sites with harmful substances or substances not authorised for organic farming.	Article 6b (1) of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
6.2	Aquaculture in general	The environmental test for new plants > 20 t is not available.	Article 6b (3) of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
6.3	Aquaculture in general	No adequate Separation/distinctness of ecological and non-ecological production units.	Article 11 of the Regulation (EC) No 834/2007 i. v. m. Article 25c of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
6.4	Aquaculture in general	Do not buy organic animals despite the availability of eco-animals.	Article 25e of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
6.5	Aquaculture in general	Unauthorised methods of reproduction.	Article 15 (1) (c) (i) of the Regulation (EC) No 834/2007	Removal of the reference to organic farming from the consignment in question.
6.6	Aquaculture in general	Livestock density is increased.	Article 25f (2), Article 25p (1) (i). V. m. Annex XIIIa of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
6.7	Aquaculture in general	Inadmissible rearing in closed circulation systems.	Article 25g (1) of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
6.8	Aquaculture in general	Artificial heating of the water outside the breeding and juvenating plants.	Article 25g (4) of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
6.9	Aquaculture in general	There is no animal welfare fair treatment (unauthorised interventions on animals, no optimum slaughter methods, poor transport conditions).	Article 25h, paragraph 1 i. V. m. Article 32a of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
6.10	Aquaculture in general	Use of hormones and hormones derivatives.	Article 25i of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
6.11	Carnivore species	More than 30% of feedingstuffs are derived from non-organic aquaculture or from non-sustainable fishing.	Article 25k (2) of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
6.12	Carnivore species	More than 60% vegetable feedingstuffs of ecological origin or non-organic plant feed components.	Article 25k (3) of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
6.13	Carnivore species	Use of astaxanthin from non-ecological sources, although available from ecological origin.	Article 25k (4) of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
6.14	Aquaculture animals	Inadmissible feed materials, additives and processing aids.	Article 25m i. V. m. Annex V and VI of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
6.15	Aquaculture animals	Use of growth promoters or synthetic amino acids.	Article 15 (1) (d) of the Regulation (EC) No 834/2007	Removal of the reference to organic farming from the consignment in question.
6.16	Aquaculture animals	Fall short of conversion periods.	Article 38a of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
6.17	Aquaculture animals	More than two allopathic treatments per year or in the case of a production cycle of up to 12 months more than allopathic treatment.	Article 25t (2) of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
6.18	Aquaculture animals	More than 2 parasitic treatments per year or in the case of a production cycle of up to 18 months more than 1 parasitic treatment.	Article 25t (3) of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
6.19	Aquaculture animals	Withdrawal period not observed after medication delivery.	Article 25t (4) of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
7		Control system and minimum control requirements
7.1	All	commercialisation of products prior to notification of the activity of the competent authority and of the undertaking ' s subposition under the control system.	Article 28 (1) of the Regulation (EC) No 834/2007	Removal of the reference to organic farming from the consignment in question.
7.2	All	Quantity compensation is not possible from the documentation.	Article 66 (2) of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
7.3	All	Quantity compensation gives rise to deviations, reasonable suspicion of the use of unauthorised products.	Article 66 (2) of the Regulation (EC) No 889/2008	Modification or suspension of the certificate referred to in Article 29 (1) of Regulation (EC) No 834/2007 until the proper condition has been established.
7.4	All	In terms of quantity, deviations result, determination of the use of inadmissible products.	Article 66 (2) of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
7.5	All	Stored products cannot be safely identified.	Article 35 (1) of the Regulation (EC) No 889/2008	Modification or suspension of the certificate referred to in Article 29 (1) of Regulation (EC) No 834/2007 pending the establishment of the proper condition.
7.6	All	In the case of stored products, there is a reasonable suspicion of contamination or mixing.	Article 35 (1) of the Regulation (EC) No 889/2008	Modification or suspension of the certificate referred to in Article 29 (1) of Regulation (EC) No 834/2007 pending the establishment of the proper condition.
7.7	All	Products have been marketed, although there is a well-founded suspicion.	Article 91 (1) and Article 63 (2) (c) of the Regulation (EC) No 889/2008	Warning with order that customers should be informed about the existing suspicion.
7.8	All	There is a reasonable suspicion that suspicious products should be marketed.	Article 91 (2) of the Regulation (EC) No 889/2008	Modification or suspension of the certificate referred to in Article 29 (1) of Regulation (EC) No. 834/2007 up to the production of the proper condition, possibly Removal of the reference to organic farming from the consignment in question.
7.9	All	Access to the facilities is denied.	Article 67 (1) of the Regulation (EC) No 889/2008	Suspension of the certificate referred to in Article 29 (1) of Regulation (EC) No 834/2007; enforcement of the right of access.
7.10	All	Any useful information shall be refused.	Article 67 (1) (b) of the Regulation (EC) No 889/2008	Suspension of the certificate referred to in Article 29 (1) of Regulation (EC) No 834/2007.
8		Processors
8.1	VA	Spatial or temporal separation of the processing of food or adequate cleaning of the plants does not take place.	Article 19 (1) of the Regulation (EC) No 834/2007, Article 26 (5) (a), (b) or (e) of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
8.2	VA	There is no adequate separation in the case of collection transports.	Article 30 of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
9		Subcontracting
9.1	SUB	List of subcontractors is incomplete-processing steps are not subject to the control procedure.	Article 86 (a) of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
9.2	SUB	Suppliers and purchasers cannot be determined without any doubt (suspicion of false declaration of goods does not exist).	Article 86 (c), Article 91 (2) of the Regulation (EC) No 889/2008	Warning; if necessary Modification or suspension of the certificate referred to in Article 29 (1) of Regulation (EC) No 834/2007 until the proper condition has been established.
10		Feed production
10.1	FM	Same ingredient ecologic/from conversion and not ecologically, but correctly labelled.	Article 18 (2) of the Regulation (EC) No 834/2007	Removal of the reference to organic farming from the consignment in question.
10.2	FM	Unauthorised ingredients (feed materials, additives, adjuvants, solvents or others).	Article 18 of the Regulation (EC) No 834/2007, Article 22 or 25m i. V. m. Annex V and VI of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
10.3	FM	Feedingstuffs are GMOs or are produced from GMOs (the limit within the meaning of Article 24 of Regulation (EC) No 1829/2003 is exceeded) or is produced by GMOs.	Article 9 of the Regulation (EC) No 834/2007	Removal of the reference to organic farming from the consignment in question.
10.4	FM	Spatial or temporal separation of the processing of FM or adequate cleaning of the plants does not take place.	Article 18 (1) of the Regulation (EC) No 834/2007, Article 26 (5) (a), (b) or (e) of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
10.5	FM	Use of ionizing radiation.	Article 10 of the Regulation (EC) No 834/2007	Removal of the reference to organic farming from the consignment in question.
10.6	FM	Feedingstuffs contain growth promoters or synthetic amino acids.	Article 14, paragraph 1 point (d) (v) of Regulation (EC) No 834/2007, Article 60, paragraph 1 point (a) of Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.
11		Import from third countries	Regulation (EC) No 1235/2008
11.1	IM	The imported product does not comply with the requirements of EU legislation on organic farming in the production of products imported from third countries.	Article 32 (1) (a) or Article 33 (1) (a) of the Regulation (EC) No 834/07 i. V. m. Article 19 of the Regulation (EC) No 1235/2008, Article 15 of the Regulation (EC) No 1235/2008	Removal of the reference to organic farming from the consignment in question.
11.2	IM	The importer, the first recipient or the exporter shall not be subject to the control procedure.	Article 32 (1) (b) or Article 33 (1) (b) and (c) of the Regulation (EC) No 834/2007 i. V. m. Article 19 of Regulation (EC) No 1235/2008, Article 15 of the Regulation (EC) No 1235/2008	Removal of the reference to organic farming from the consignment in question.
11.3	IM	The marketing authorisation and the original certificate as well as the inspection certificate are not available.	Article 33 of the Regulation (EC) No 834/2007, Articles 13 and 19 of the Regulation (EC) No 1235/2008	Removal of the reference to organic farming from the consignment in question.
11.4	IM	Non-certified changes or deletions on the certificate of inspection.	Article 13 (5) of the Regulation (EC) No 1235/2008	Removal of the reference to organic farming from the consignment in question.
11.5	IM	Box 17 of the inspection certificate shall not be stamped by customs.	Article 13 (8) of the Regulation (EC) No 1235/2008	Examination as to whether healing by the competent authority is possible, otherwise the reference to organic farming is removed.
11.6	IM	No marking provided for in Article 34 of Regulation (EC) No 889/2008 on the container/packaging or import of loose goods.	Article 34 of the Regulation (EC) No 889/2008	Removal of the reference to organic farming from the consignment in question.

Unofficial table of contents

Appendix 4 (to § 11)
Requirements for the inspection staff

(Fundstelle: BGBl. I 2011, 1062-1064)

1.

Requirements for the qualification of persons working in the inspection body

1.1

Head of the supervisory authority and representative/representative

As a general rule, the following criteria must be considered as to the existence of the necessary qualifications and professional experience:

-

compliance with the requirements for inspectors for at least one control area referred to in point 1.2.1 to 1.2.7;

-

University degree (Diploma, Bachelor, Master) in the field of agricultural sciences, household and nutritional science or food technology or equivalent university degree,

-

Two years of professional experience in organic farming or in organic food processing and certification and

-

detailed knowledge of operational organisation, financial management, accountancy and quality management, as well as the relevant legislation, in particular the European Union legislation on organic farming and administrative law.

1.2

Inspectors/inspectors

Requirements for the control areas according to § 2:

1.2.1

Control area A. Agricultural production

As a general rule, the following criteria must be considered as to the existence of the necessary qualifications and professional experience:

-

completion of studies in agricultural sciences or equivalent qualifications and at least one year's relevant professional experience, with internships being credited to recognised training establishments; or

-

Completion of a two-year agricultural technical school and at least one-year professional experience in organic farming or

-

Completion of a master's examination in the profession of farmer or farmer and at least one year's professional experience in organic farming or

-

Farmers with at least five years of professional experience in organic farming and

-

good knowledge of the relevant legislation, in particular the legislation of the European Union on organic farming.

1.2.2

Control area A. Agricultural production-Imkerei:

As a general rule, the following criteria must be considered as to the existence of the necessary qualifications and professional experience:

-

Completion of a master's examination in the area of beekeeping with experience in ecological beekeeping or

-

Qualification according to control area A and proven one-year experience in the beekeeping sector and

-

good knowledge of the relevant legislation, in particular the legislation of the European Union on organic farming.

1.2.3

Control area A. Agricultural production-seaweed and aquaculture:

As a general rule, the following criteria must be considered as to the existence of the necessary qualifications and professional experience:

-

Completion of studies with a focus on fisheries biology, fisheries management and water management, marine aquaculture or comparable focus areas, or

-

Fish-economists or

-

Fish farmers and fish farmers; and

-

at least one year's relevant professional experience or practical training, with internships being credited to recognised training establishments; and

-

good knowledge of the relevant legislation, in particular the legislation of the European Union on organic farming.

1.2.4

Control area B. Manufacture of processed food products:

As a general rule, the following criteria must be considered as to the existence of the necessary qualifications and professional experience:

-

Completion of studies in nutritional sciences (Oecotrophology), food technology or equivalent qualification and at least one year's relevant professional experience, with internships being counted in recognised training establishments, or

-

Master or master of the food trade with one-year professional experience in the processing of organic food or

-

persons from the state food control or

-

completed training in the food trade and five years of professional experience in the processing of organic food products and

-

good knowledge of the relevant legislation, in particular the legislation of the European Union on organic farming, as well as computerised accounting and warehousing.

1.2.5

Control area C. Trade with third countries (import):

Qualification and control experience in the control areas A, B or E and special experience and expertise, in particular by:

-

One-year experience in the quality assurance of organic products from third countries falling within the scope of Regulation (EC) No 834/2007, or

-

one-year experience in the control or evaluation of controls or audits of importers of organic products in the European Union or of companies active in organic farming, established in third countries, and

-

good knowledge of the relevant legislation, in particular the legislation of the European Union on organic farming, and other customs legislation, as well as computerised accounting and warehousing.

1.2.6

Control area D. Award to third parties:

The prerequisite for this is the fulfilment of the requirements for the control personnel for the control area affected by the award.

1.2.7

Control range E. Production of feedingstuffs:

As a general rule, the following criteria must be considered as to the existence of the necessary qualifications and professional experience:

-

Qualification and professional experience in control areas A or B and knowledge of animal production and in food or feed production, or

-

Persons with professional experience in the field of animal feed control and

-

good knowledge of the relevant legislation, in particular the legislation of the European Union on organic farming, and computerised accounting and warehousing.

1.3

Staff for the performance of assessments and certifications

The qualifications of the personnel carrying out the evaluation or the certification decisions shall be in accordance with the requirements of the inspectors in the respective control areas referred to in point 1.2.1 to 1.2.7. The qualification shall be maintained in an appropriate manner.

2.

Requirements for the appropriation of a control capability

Inspectors who have the qualification for the respective control area referred to in point 1.2.1 to 1.2.7 but have no experience in the control of undertakings shall be subject to the control procedure in the control procedure. of the respective control area. This is done by

-

Supervision of a controller/controller approved by the Federal Institute for five checks in the control area applied for in each case, in so far as the control areas A. Agricultural production, B. Manufacture of processed food products or E. production of feedingstuffs, or in the case of three controls, to the extent that the control area C. affects trade with third countries, or in the case of two controls in the specialty areas of beekeeping and micro-algae and aquaculture in the control area A. Agricultural production within the last 12 months; and

-

Carry out three checks in the respective control area to the extent that the control areas A. Agricultural production, B. Manufacture of processed food or E. Production of feedingstuffs are concerned, or two controls, to the extent that: Control area C. is concerned, or a control as far as the speciality areas of beekeeping and micro-algae and aquaculture in the control area A. Agricultural production are concerned, accompanied by one of the control areas of the control area A. the Federal Institute of approved inspectors/inspectors. The controls are discussed in a timely manner by the inspection body with the accompanying inspector/inspector and then evaluated.

3.

Requirements for the appropriation of a control capability in an additional control area

Experienced inspectors are able to acquire a control capability in additional control areas. The Bundesanstalt is to present a documentation of the training and familiarisation for the new control area. The documentation shall be kept in the inspection body in the personnel records. Training and accompanying checks can also be carried out at other control centres.

The inspector/inspector must meet the following minimum requirements:

a)

Successful activity in the original control area over a period of two years or 40 verified full operational controls in this control area,

b)

participation in training events in which the control procedure and the production and processing procedures in the additional control area are content,

c)

Supervision of a supervisory authority/inspector approved by the Federal Institute for four checks (of which, by way of derogation from three checks, to the extent that the control area C affects trade with third countries) in the new control area within the last 12 months and

d)

Implementation of at least five checks (including at least two checks, as far as the control area C is concerned with third countries) in the new control area, accompanied by one/one for that control area from the Bundesanstalt approved inspector/inspector. The controls are discussed in a timely manner by the inspection body with the accompanying inspector/inspector and then evaluated.

Specific requirements for individual control areas:

e)

Control area E. Production of feedingstuffs: In the presence of control experience in control area B. and training in the control area E., proof of monitoring and control in the control area E. is sufficient. Escort out.

f)

Control area A. Agricultural production-Imkerei:

Inspectors admitted by the Bundesanstalt in the control area A.:

-

Participation in two two-day courses with the contents basics of beekeeping, bee diseases, honey, breeding and bee pastures and participation in an additional training course on ecological beekeeping,

-

two accompanying checks within the last 12 months; and

-

To carry out independent control accompanied by a controller/inspector responsible for this control area.

g)

Control area A. Agricultural production-seaweed and aquaculture:

Inspectors admitted by the Bundesanstalt in the control area A.:

-

participation in two relevant courses in which the control procedure and the production and processing methods in the field of aquaculture and the production of seaweed are content, and

-

Participation in four checks, of which two independently carried out checks accompanied by a controller/inspector responsible for this control area.

4.

Conditions for the maintenance of control capability

In order to maintain the control capability in a control area, a controller must carry out at least five complete checks each year in this control area. For the specialty areas of beekeeping as well as seaweed and aquaculture in control area A. two completely carried out checks per year are sufficient. All inspectors/inspectors must carry out at least 20 full checks per year.

5.

Requirements to secure objectivity, neutrality and impartiality

Persons dealing with control tasks under EU legislation on organic farming shall not engage in any other activities related to the requirement of objectivity, neutrality and neutrality. Inimpartiality is incompatible.

This includes in particular:

-

Activities in agricultural, processing and marketing enterprises where conflicts of interest may occur. Where the inspector himself is active in a company to be controlled or the owner of a company to be controlled, it must not be controlled by the inspection body for which the inspector/inspector is responsible for the inspection. the control activity is carried out,

-

Managing director or executive board activities of an association of organic farming interests, provided that the company to be controlled is a member of this association,

-

Activities as a consultant or Advisers on holdings subject to the control procedure laid down in European Union legislation on organic farming, provided that there is no clear regional or factual separation between control and advisory activities. .

In order to prevent conflicts of interest, the control body may have to measures which, inter alia, ensure adequate spatial and factual separation of the activities in question. The measures must be documented and submitted to the Federal Institute.

The control centre staff must be allowed to contact the competent authority if it considers that a positive certification decision does not comply with the control result. Disadvantages for the control centre staff must be excluded in this respect. An appropriate regulation must form part of the employment contracts.