Organic Supervisory And Control Arrangement

Original Language Title: Bioloģiskās lauksaimniecības uzraudzības un kontroles kārtība

Read the untranslated law here: https://www.vestnesis.lv/ta/id/158967

Cabinet of Ministers Regulations No. 379, Riga, 12 June 2007 (pr. 35. § 18) organic monitoring and control procedure Issued under the agricultural and rural development Act article 11 i. General questions 1. determine organic monitoring and control procedures under: 1.1. Council of 24 June 1991 regulation (EEC) No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs, as amended, (hereinafter referred to as the Council Regulation No 2092/91);
1.2. the Commission of 14 august 2003, Regulation (EC) no 1452/2003 saves the Council Regulation (EEC) No 2092/91 article 6 paragraph 3 of the section "a" of the derogation provided for in the case of certain species of seed and vegetative propagating material and laying down procedural rules and criteria relating to that derogation (hereinafter referred to as Commission Regulation (EC) no 1452/2003);
1.3. Commission of 5 February 2003 Regulation (EC) No 223/2003 on labelling requirements related to the organic production method for feedingstuffs, compound feedingstuffs and feed materials and amending Council Regulation (EEC) No 2092/91 (hereinafter referred to as Commission Regulation No 223/2003);
1.4. the Commission of 7 September 2001, Regulation (EC) no 1788/2001 laying down detailed rules for the implementation of the provisions concerning the certificate of inspection for imports from third countries under article 11 of Council Regulation (EEC) No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs, as amended, (hereinafter referred to as Commission Regulation No 1788/2001). 2. Council Regulation No 2092/91 and Commission Regulation No 223/2003 lays down the functions of the competent authority shall take the food and veterinary service. 3. Commission Regulation No 1788/2001, article 4, paragraph 1, the authorities of that Member State shall carry out the functions of food and veterinary service of sanitary border inspection (hereinafter-sanitary border inspection). 4. Commission Regulation (EC) Nos 1452/2003 lays down the functions of the competent authority shall take the national plant protection service. 5. Council Regulation No 2092/91, Commission Regulation No 223/2003 and Commission Regulation No 1452/2003 lays down the inspection authority and inspection bodies does the food and veterinary service of the approved control bodies accredited to a government agency "Latvian National Accreditation Bureau" according to standard EN 45011 "EN: 2004 General requirements for institutions that deal with product certification systems" and for which the Ministry of Economic Affairs has published a notice in the newspaper "journal" , or any other European Union Member State audit institution, whose activities in the field approved by the food and veterinary service pursuant to Council Regulation No 2092/91 article 9, point 5. II. Organic certificate 6. If the operator (any natural or legal person who produces, prepares or imports from a third country organic products to sell, or selling such products) comply with Council Regulation No 2092/91, the control authority within 10 working days of the Council Regulation No 2092/91 annex III assessment of that report shall take a decision on the issue of the certificate of organic farming. The certificate indicates the operator's identification data, the scope of the production destined for the implementation type, and status of the area of the holding (farm, located in the transition period to organic farming or organic farm). 7. Operator, realizing the organic produce, these provisions are presented, the certificate referred to in paragraph 6. III. obligations of the Operator, starting operations in organic farming 8. Operator who wishes to enter the area of organic farming, the control authorities shall provide the certification application (attachment): 8.1. production-each year up to April 1;

8.2. preprocessing, processing, marketing and import from third countries-throughout the year. 9. The Operator shall bear the costs of the control authorities related to the control and supervision is carried out in accordance with Council Regulation No 2092/91, point 2 of article 9. 10. The Operator of each year up to February 1, submit to the institution of the control information for the previous year in the areas inspected certified crops, animals, produced, processed, consumed and disposed of. IV. Issue of licences of conventional agricultural ingredients for use in organic farming 11. food and veterinary service of the Commission of 29 January 1993, Regulation (EEC) No 207/93 defining the content of annex VI to Regulation (EEC) No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs and laying down detailed rules for article 5, paragraph 4, of the implementing rules (Commission Regulation No 207/93) Article 3, paragraph 1, subparagraph b shall be issued by the operator permission to use of conventional agricultural origin food ingredient (referred to as the components), if the conditions of that regulation. 12. food and veterinary service shall inform the Ministry of agriculture, the European Commission and the Member States of the European Union on the decision taken with regard to the rules referred to in paragraph 11 of the permit or extension of the term of validity pursuant to Commission Regulation No 207/93 laid down procedure. 13. The food and veterinary service costs associated with the evaluation of the application of this provision in paragraph 11 of the said authorization shall be borne by the operator in accordance with the laws and regulations of the food and veterinary service state monitoring and control activities. 14. If a component does not need to include Council Regulation No 2092/91 annex VI, part C, Ministry of agriculture, in accordance with Commission Regulation No 207/93 article 3, paragraph 6 shall submit an application to the European Commission. 15. the Ministry of agriculture, in accordance with Council Regulation No 2092/91, point 8 of article 5 and article 7, paragraph 4, shall be submitted to the European Commission and the Member States of the European Union documentation that justifies the rules referred to in paragraph 11 ingredients into the Council Regulation No 2092/91 (A), (B) and annex VI, section C or annex II, parts A and B or delisting it. V. Applicable tolerances, 16. If the organic farm is no more than 20 cattle, excluding calves up to six months of age, the derogation laid down in Council Regulation No 2092/91 of part B of annex I and in paragraph 8.5.1.6.1.6. Holdings is applied that derogation does not apply to the requirements laid down in Council Regulation No 2092/91 in annex VIII. 17. If the organic farm is no more than 50 poultry, apply the derogation laid down in Council Regulation No 2092/91, annex I, part B, paragraph 8.4.6. Vi. the labelling of organic agricultural products 18 animal species and products obtained from them the label that are not laid down in Council Regulation No 2092/91 in annex I and the other legislation on organic farming does not use the indication of the organic production method. 19. The Operator shall be marked products according to the legislation on the labelling and in accordance with the Council Regulation No 2092/91, article 5. 20. The labelling shall indicate the following: 20.1. "organic farming", having met in Council Regulation No 2092/91, article 5, paragraph 3 of the requirements;
20.2. "during the transition period to organic farming", where a product is manufactured in the period of transition to organic farming in accordance with Council Regulation No 2092/91 article 5, paragraph 5;
20.3. "X% of the agricultural ingredients were produced using the method of" organic farming in accordance with Council Regulation No 2092/91, point 5 of article 5 "a";
20.4. "out of control (the control body code number, which controls the operator who has carried out the final preparation of the product)". VII. evaluation of information about organic seeds, seed potatoes and other vegetative propagation material and for its inclusion of monitoring national Crop information system to include 21. information about the available organic seeds, seed potatoes and other vegetative propagation material for crop monitoring national information system (hereinafter the system), the operator of these provisions not later than the information referred to in paragraph 22 of the renewal term shall be submitted to the national plant protection services in the application. In addition to the application of Commission Regulation No 1452/2003 article 9, paragraph 1, the information set out in point: 21.1. operator's registration number in the register of companies;
21.2. the rules referred to in paragraph 6, the number of the certificate, the certificate of approved activities;
21.3. the sēklaudzētāj code (the seed and seed potatoes) or registration number for plant-health control exposed the plants and plant products circulating in the registry of parties (the vegetative propagation material);
21.4. information about the available seeds, seed potatoes or other vegetative propagating material: 21.4.1. species, category, variety, seed, plant passport or the specified batch number on the label of seed quality supporting document number (the seed and seed potatoes), the place of issue and expiry date, propagation material certificate number (for the other vegetative propagation material) and the expiry date;
21.4.2. offered for sale the seed or seed potatoes to the quantity (in kilograms) or other vegetative propagating material (or kilograms);
21.4.3. the date on which the material will be available;
21.5. the representative of the applicant's name, signature and date. 22. The last renewal date of the information system: 22.1. seeds and seed potatoes: 22.1.1. cover the area of vegetables-20 January;
22.1.2. summer cereals, potatoes, beets, peas, summer field beans, vetches, lupins (except perennial Lupin), flax, rape, summer summer Rep and other oil and fibre plants, plants open field vegetables-5 April;
22.1.3. winter rape, Rep, winter forage grasses, forage legumes and other fodder plant species – 20 July;
22.1.4. winter crops of cereals – 5 September;
22.2. other the vegetative propagation material: 22.2.1. vegetables and other herbs-April 5;
22.2.2. strawberries-20 July;

22.2.3. fruit trees and krūmogulāj-5 September. 23. the national plant protection service within five working days shall assess the information submitted and take a decision on the inclusion of information: 23.1. system;
23.2. the inclusion of information in the system. 24. If the national plant protection services in the assessment of the information submitted, finds significant discrepancies or seeds, seed potatoes and other vegetative propagating material non-conformity overall seed, vegetative propagating material or organic legislation, inform the operator in writing and request to prevent compliance within 14 days. To resolve the information shall not be included in the system. 25. If these provisions within the time limit specified in paragraph 24 of the discrepancies are resolved or not there in point 22 of these rules in that period, the national plant protection services, shall adopt a decision concerning the non-inclusion of the information in the system. 26. The Operator one working days in writing, inform the State plant protection service of the registered seed, seed potatoes, or other vegetative propagating material quantity changes. State plant protection service of the information system restore within three working days after the receipt of the information. 27. the national plant protection service within five working days of receipt of the information on the Commission Regulation No 1452/2003 article 8 laid down in paragraph 1 of the non-compliance or non-compliance detection rejects the registration application submitted by the operators or deleted if the registration records in accordance with Commission Regulation No 1452/2003 article 8, paragraph 2. 28. the decision not to include the information in the system or for the deletion of the registration record can be a challenge or appeal the administrative process of regulatory legislation. VIII. Authorization and cancellation procedures for conventional seed (seed mixtures), seed potatoes and other vegetative propagation material for use in organic agriculture 29. national plant protection services in accordance with Commission Regulation No 1452/2003 article 1 and paragraph 1 of article 5:29.1. indicate the species in the system assigned to the general authorisation;
29.2. the individual permits issued to the seed (seed mixtures), seed potatoes and other vegetative propagation material for use not obtained by the organic production method (hereinafter licence). 30. in order to receive the permit, the operator shall submit to the national plant protection services of the national identity document and fee submission. The application shall state: the operator name, 30.1. legal address, registration number of the company in the register or the operator's name, surname, personal code, residential address;
30.2. the provisions referred to in paragraph 6, the number of the certificate, the certificate in approved activities and control institution code number;
30.3. the name of the species (also indicate the botanical name in the Latin alphabet) and its variety name (Latin alphabet), which wants to use to get permission; seed mixtures indicate the trade name;
18.9. the required seeds, seed potatoes or other vegetative propagating material;
5. the specific circumstances why you need permission, in accordance with Commission Regulation No 1452/2003 article 5, paragraph 1;
30.6. the chemical treatment plant health objectives;
19.1. (intended for the purchase of seed, of seed potatoes or other vegetative propagation material) name, legal address, registration number of the commercial register or commercial register or a person's first name, last name, ID number and address of the place of residence;
19.1. the representative of the applicant's name, signature and date. 31. The Operator pursuant to Commission Regulation No 1452/2003 article 5, paragraph 5, of the national plant protection services shall submit the application within the following time-limits: 31.1. seeds and seed potatoes: 31.1.1. cover the area of vegetables-and 30 January;
31.1.2. summer cereals, potatoes, beets, peas, summer field beans, vetches, lupins (except perennial Lupin), flax, rape, summer summer Rep and other oil and fibre plants, plants open field vegetables-to 15 April;
31.1.3. winter rape, Rep, winter forage grasses, legumes and other fodder plant species – up to 30 July;
31.1.4. winter crops of cereals-15 September;
31.2. to the other vegetative propagation material: 31.2.1. vegetables and other herbs-to 15 April;
31.2.2. strawberries-to 30 July;
31.2.3. fruit trees and krūmogulāj-up to 15 September. 32. If the application does not contain all the provisions of the information referred to in paragraph 30, the State plant protection service writing requires clarification within 10 working days. 33. the national plant protection services in 20 working days after the provision of the information referred to in paragraph 22 of the renewal term system assess the submitted application and adopt a decision: 33.1. to issue a permit in accordance with Commission Regulation No 1452/2003 article 5 paragraphs 3 and 4;
33.2. withhold authorization. 34. the national plant protection services in the decision to grant permission shall be admissible if: 34.1. the operator has noticed these rules and Regulation No 1452/2003 article 5 requirements for authorisation conditions;
21.3. the provisions of paragraph 32 has been corrected within the time limit referred to in the submissions of failures;
21.3. the application of the national plant protection services in the filed of these provisions within the period referred to in paragraph 31;
21.4. the operator shall submit the national identity document of a fee for the examination of the application;
34.5. the requested variety is a plant catalogue of Latvia or of the European Union in the common catalogues of varieties;
21.5. the system for the requested species is established in the general authorisation. 35. The decision taken by the national plant protection services in 10 working days notify the operator in writing by sending the decision on the application or rejection when issuing the permit. 36. the decision rejecting the application, the operator can be a challenge or appeal the administrative process of regulatory legislation. 37. the national plant protection services in the authorization state: 37.1. issuing body;
37.2. permit number;
37.3. operator's name, legal address, registration number of the company in the commercial register or the or operator name, surname, personal code, residential address;
37.4. species (or a mixture of seed-);
37.5. variety (seed blend-trade name);

23.4. in accordance with the provisions of section 46.4. operator specified seeds, seed potatoes or other vegetative propagating material;
37.7. justification authorisation pursuant to Commission Regulation No 1452/2003 article 5, paragraph 1;
23.5. the date of issue of the authorisation;
23.5. the period of validity of the authorization. 38. The Operator who received authorization, you can buy: 38.1. European Union common catalogues of varieties include varieties of certified seed and seed potatoes;
38.2. the seed or seed potatoes certified or tested in the law of seed movement and solely and seed regulatory laws in the order;
23.8. vegetative propagating material carried out phytosanitary control or verify compliance with legislation on propagating material;
23.9. seed mixtures are prepared solely and seed regulatory laws. 39. the Operator shall be entitled without the national plant protection service permission to use left seed seed potatoes or other vegetative propagating material. 40. The Operator from third countries imported seeds, seed potatoes or other vegetative propagating material according to the laws and regulations on the marketing of seeds, seed potatoes or other vegetative propagating material imported from third countries. IX. the competence of the institutions 41. State plant protection service organizes and directs the operation of the system, pursuant to Commission Regulation No 1452/2003 article 6, paragraph 1 and 2. 42. If a discrepancy is detected, or with regard to the conformity of the products with the Council Regulation No 2092/91, the requirements of the food and veterinary service in accordance with the Council Regulation No 2092/91, article 10A shall inform the Member States of the European Union, which is determined by the control authorities or approved the inspection body and the Commission and halt the distribution of the products in question until the non-compliance or irregularities. 43. The food and veterinary service in accordance with the Council Regulation No 2092/91, article 9, paragraph 5 and 6 of the approved control bodies, give them the code number and their monitoring. 44. the sanitary border inspection information for each imported or rejected goods enter the sanitary border inspection information system and inform the importer's control. 45. Control bodies shall be borne by the food and veterinary service expenses associated with this institution in the approval in accordance with the laws and regulations of the food and veterinary service of paid services. 46. the inspection bodies of the food and veterinary service submitted: 46.1. information on revoked certificates, labelling of products removed this provision 20. the indications referred to in paragraph 1, as well as two working days after 54 and 55 of these rules referred to in paragraph decision-application for operators from the food surveillance information system;
46.2. the organic product pre-treatment and recycling company issued a copy of the certificate-the five working days following this rule referred to in paragraph 6, the adoption of the decision;
46.3. the list of operators that have been controlled up to last December 31,-each year to 10 January;
46.4. the annual activity program-each year to 31 March;
28.9.-annual review each year to 31 January. 47. This rule 46.4. the activity referred to in the control authorities shall provide the following information: 29.3. the institution's structure, the organic product certification procedures, quality manual (hereinafter the institution's documentation);
47.2. internal quality audits and planned measures;
47.3. the job descriptions and training provided;
47.4. the planned checks, including extraordinary inspections;
29.5. cooperation with laboratories accredited by the national agency "Latvian National Accreditation Bureau" to the standard LVS EN ISO/IEC 17025:2005 "the competence of testing and calibration laboratories-General requirements" and for which the Ministry of Economic Affairs has published a notice in the newspaper "journal", or another Member State notified bodies (laboratories), as well as the planned number of sampling. 48. This rule 46.5. the annual report referred to in subparagraph control body shall contain the following information: 29.9. changes in the documentation for the institution;
48.2. internal quality audits, management reviews and results;
48.3. the complaints received and their examination;
30.1. employees, their responsibilities and training;
30.1. the operator, certified area scope;
30.2. issued and revoked certificates;
30.3. the checks carried out, irregularities found and the penalties imposed;
30.3. the labelling of the product in the removed this provision in point 20 references and void certificates;
30.4. the traceability of the products;
48.10. operator risk group classification and evaluation;
48.11. cooperation with laboratories, laboratory examination and enforcement programs, the results of the analyses of the samples;
48.12. issued by specifying each issued specifications and common data collection;
48.13. problems and their possible solutions. 49. the inspection authority within 10 working days in writing inform the food and veterinary service, if: 30.5. changes this rule 29.3. control authorities referred to in subparagraph documentation;
30.6. the changed properties control authorities;

30.6. the changed properties of the operator or the type of operation. 50. the inspection authority within two working days, report in writing to the national plant protection service of the action (the decision taken, the alleged infringements, the certificates issued and withdrawn), carried out in accordance with Council Regulation No 2092/91 as regards persons whose declared type of activity is the organic seed, seed or vegetative propagating material production. 51. the authorities each year to 30 April the Ministry of Agriculture sent that rule 10 referred to in summary information. 52. the Ministry of agriculture, food and veterinary service, or the national plant protection services at the request of the control authorities shall provide further information about organic farming statistical data. 53. If the operator changes the control authorities, the authority, which is controlled by the operator, they were handed copies of the documents held on the operator checks the control body, which tells the operator. X. responsibility for irregularities in 54. If the control body finds intentional product labeling, production or inspection requirements, the operator concerned shall withdraw this provision, the certificate referred to in paragraph 6. 55. If the operator has a revoked certificate is 54 of these regulations, in the case referred to in paragraph, then two years is prohibited to apply for certification and control. 56. where a food and veterinary service reverses the controls of these provisions to the institution referred to in paragraph 5, approval by the food and veterinary service shall inform the Ministry of agriculture and publishes information food and veterinary service website on the internet. XI. the European Commission informed 57. food and veterinary service shall inform the European Commission of the previous year on the measures taken and the approved inspection bodies in accordance with the Council Regulation No 2092/91, article 15. 58. the national plant protection services shall inform the European Commission and the Member States of the European Union in the previous year the licences issued in accordance with Commission Regulation No 1452/2003 article 13. 59. the Ministry of agriculture: 59.1. each year, before 1 July sent this rule 51, paragraph a summary of the information to the European Commission and the European statistical governance;
59.2. in accordance with Commission Regulation No 1452/2003 article 6, paragraph 3, inform the European Commission and the Member States of the European Union for managing databases of designated authority. XII. concluding issues 60. Be declared unenforceable in the Cabinet of 22 April 2004, Regulation No 414 ' organic monitoring and control arrangements "(Latvian journal, 2004, 69, 105 no; 2005, 138, 193. no). 61. paragraph 13 of the rules shall enter into force by 1 September 2007. 62. the provisions of paragraph 29 and 40 requirements for other vegetative propagating material shall apply on January 1, 2008. 63. Until 2007 December 31 products can also be used on the label marked "control carried out (the name of the inspection body that is exposed to the operator who has carried out the final preparation of the product)". Prime Minister Minister for Agriculture (A). Halloween-Minister of education and science Rivž Annex B Cabinet 12 June 2007 No. 379 of the regulations the Minister of Agriculture-Minister of education and science Rivž of B.