Key Benefits:
ACT
of 25 June 2009
o Organic farming 1)
Article 1. [ Regulatory scope] The Act specifies the tasks and the property of public administration bodies and organizational units in organic farming in the implementation of the provisions of Council Regulation (EC) No 834/2007 of 28 June 2007. on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 (Dz. Urz. EU L 189, 20.07.2007, p. 1, from late. zm.), hereinafter referred to as 'Regulation No 834/2007', and the European Union rules adopted in accordance with the provisions of this Regulation.
Article 2. [ Definitions] The terms used in the Act shall mean:
1) certificate-the certificate referred to in art. 29 par. 1 of Regulation No 834/2007;
2. an organic producer-an economic operator within the meaning of the Article 2 lithium (d) Regulation No 834/2007;
3) organic production-organic production within the meaning of Article 2 lithium a Regulation No 834/2007;
4) products-products listed in art. 1 (1) 2 of Regulation No 834/2007;
5) the provisions on organic farming-the provisions of Regulation No 834/2007 and the provisions of the European Union issued in accordance with the provisions of this Regulation and the provisions of the Act and of the implementing acts to the Act;
6. products of organic farming-products considered as organic within the meaning of art. 2 lithium c of Regulation No 834/2007;
(7) measures for organic production-the products and substances referred to in Article 16 ust. 1 or 4 of Regulation No 834/2007;
8. placing on the market:
(a) in respect of products, the placing on the market within the meaning of the Article 3 para. 8 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002. laying down the general principles and requirements of food law, setting up the European Office for the Food safety and laying down procedures in the field of food safety (Dz. Urz. EC L 31, 01.02.2002, p. 1, from late. zm.; Dz. Urz. EU Polish Special Edition, rozdz. 15, t. 6, p. 463, with late. zm.),
(b) in respect of products for organic production, activities within the meaning of the Article. 3 para. 8 of the Regulation referred to in point a.
Article 3. [ Application of provisions of the Code of Administrative Procedure] The provisions of the Code of Administrative Procedure shall apply to proceedings in individual cases, decided by decision, unless the provisions of the Act provide otherwise.
Article 4. [ Submission of activities for organic farming] 1. Notification of an activity for organic farming, referred to in art. 28 para. 1 of Regulation No 834/2007, adopt the bodies authorised to act in organic farming as certification bodies, hereinafter referred to as "control bodies".
2. (repealed).
3. The notification of the establishment of an organic farming activity referred to in art. 28 para. 1 of Regulation No 834/2007, consists of a form drawn up by the Chief Inspector of Commercial Quality of Agriculture and Food Articles, hereinafter referred to as "the Chief Inspector", and made available on the website administered by the Inspection Commercial Quality Of Agri-food Articles, hereinafter referred to as 'the Inspection'.
(4) The certification body may request to supplement or clarify, within the time limit set, the information contained in the notification of the organic farming activity referred to in Article 3 (2) of the EC Regulation. 28 para. Article 1 (1) of Regulation No 834/2007, or in the documents annexed thereto, where this is necessary for the purposes of determining compliance with the conditions laid down in the agricultural legislation for the pursuit of that activity.
(5) The subtracting of organic farming activities by economic operators exclusively engaged in the retail trade referred to in Article 3 (2) of Regulation (EU) No 5199sion. 28 para. Article 2 (2) of Regulation No 834/2007 does not require notification of an organic farming activity as referred to in Article 2 (2) of Regulation No 834/2007 28 para. 1 of Regulation No 834/2007.
6. The certification body shall communicate to the General Inspectorate, to 10. the day of each month, the list of organic producers:
1) who have made a declaration of the undertaking to undertake the activities in the field of organic farming referred to in Article 28 para. (1) Regulation (EC) No 834/2007 and the conditions for carrying out those activities laid down in the rules on organic farming,
2) who have been excluded from the control referred to in art. 7 ust. 1, carried out by that unit,
3) who have made changes to the notification of the taking of organic farming activities referred to in art. 28 para. 1 of Regulation No 834/2007, to the extent specified in the Article. 63 par. Article 3 (3) of Commission Regulation (EC) No 889/2008 of 5 September 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control (Dz. Urz. EU L 250, 18.09.2008, p. 1, from late. zm.), hereinafter referred to as 'Regulation No 889/2008',
(4) where it has concluded that the situation referred to in Article 4 (1) has occurred. 27 ust. 5 lit. the second sentence of Regulation (EC) No 834/2007,
5) which refused to issue the certificate
-according to the state of the previous month.
7. The list referred to in paragraph 1. 6:
1) contains the information specified in art. 63 par. 3 of Regulation No 889/2008;
2) shall be provided on the forms developed and made available to the certification bodies by the Chief Inspector through electronic means of communication, and in the case of making available to the certification bodies of the software or the system a teleinformatic system for the transmission of that list, using the software or the system.
8. In the case referred to in paragraph. 6 point 3, Main Inspector in the forms referred to in paragraph. Article 7 (2) may indicate the information specified in the Article. 63 par. 3 of Regulation No 889/2008, which are not transfered.
Article 5. [ Applicant for an authorisation to act as a certification body] 1. The Minister responsible for agriculture shall authorise, by decision, the applicant for authorisation to act as a certification body.
2. In the decision referred to in paragraph. 1, the scope of the authorisation shall be determined and the identification number shall be assigned.
3. An entity seeking authorisation to act as a certification body shall submit an application to the Minister responsible for agriculture, specifying the extent of the requested authorisation.
4. The application referred to in paragraph 1. 3., shall be accompanied by the documents and information necessary to ensure that the requirements laid down in Article 4 are met, within the scope of the application. 27 ust. 5 and 6 of Regulation No 834/2007.
5. The Minister responsible for agriculture before the adoption of the decision referred to in paragraph 5. 1, may occur to:
1) Chief Inspector o:
(a) the issuing of an opinion on compliance by an applicant for authorisation to act as a certification body for the requirements laid down in Article 27 ust. 5 and 6 of Regulation No 834/2007 within the scope of the application referred to in paragraph 1. 3,
(b) to carry out checks to the extent necessary to confirm compliance by the applicant for authorisation to act as a certification body for the requirements laid down in Article 4 (1) of the basic Regulation. 27 ust. 5 and 6 of Regulation No 834/2007 within the scope of the application referred to in paragraph 1. 3; the provisions on the commercial quality of agri-food articles relating to the control procedure shall be applied to the checking operations;
2) an applicant for authorisation to act as a certification body to supplement or clarify, within the prescribed time limit, the information contained in the application referred to in paragraph 1. 3.
6. After the decision referred to in paragraph. 1, the minister responsible for agriculture shall send to the Chief Inspector copies of the documents which were the basis for the decision.
(7) The Minister responsible for agriculture shall, by decision, refuse to apply for authorisation to act as a certification body to grant that authorisation, if that body does not meet in the scope of the application for which it is requested, Paragraph 1. 3, the requirements of the art. 27 ust. 5 and 6 of Regulation No 834/2007.
8. To change the authorisation to act as a certification body of the provisions of the paragraph. 1-7 shall apply mutatis mutandis.
Article 6. [ Withdrawal of the authorisation of the certification body] 1. The Minister responsible for agriculture shall be the competent authority for the withdrawal of the authorisation of the certification body in the cases referred to in the Article. 27 ust. 8 and paragraph 9 lit. (d) Regulation No 834/2007. The withdrawal of the authorisation may take place in whole or in part, in which the certification body does not comply with the requirements of the authorisation referred to in the decision referred to in Article 5 par. 1.
2. The Minister responsible for agriculture may withdraw the authorisation of the certification body in its entirety in case of non-transmission of the list of producers referred to in Article 4. 17 para. 1 point 1, or transfer after the deadline, or transfer it not according to the specified form or method.
3. Withdrawal of the authorisation of the certification body shall be made by decision, subject to the withdrawal of the authorisation under the paragraph. 1 shall take place at the request of the Chief Inspector.
4. The Minister responsible for agriculture shall inform the Chief Inspector of the withdrawal of the authorisation of the certification body pursuant to the paragraph. 1 or 2.
5. The Main Inspector shall inform the organic producers covered by the control body concerned referred to in Article 7 ust. 1, to withdraw the authorisation of that unit by virtue of paragraph 1. 1 or 2, in respect of the authorisation withdrawn.
6. In the case of the withdrawal of the authorisation of the certification body under the mouth. 1 or 2, certificates issued by that entity shall remain valid for a period of not more than 90 days from the date on which the decision to revoke the authorisation of the certification body became final.
7. From the date on which the decision to withdraw the authorisation of the certification body became final, until the date of entry of the producers of the ecological control system referred to in Article 27 of Regulation No 834/2007, by another control body, the certification body's powers to control the organic producers and the certificates issued to them shall carry out the Inspection.
8. The audit referred to in paragraph 1 7, shall be carried out within the framework of the control system referred to in Article 3. 27 of Regulation No 834/2007, on the basis of and in accordance with this Article and in the rules adopted on the basis of this Article and in the provisions on the commercial quality of agri-food articles relating to control proceedings.
9. In the case of the withdrawal of the authorisation of the certification body under the mouth. 1 or 2 shall immediately transmit to the General Inspectorate in its possession:
1) the documents referred to in art. 92 (1) Second paragraph of Regulation (EC) No 889/2008, and
2. the information contained in the list referred to in Article 17 para. 1 point 1
-concerning the activities of the organic producers which have been controlled by that certification body, to the extent that the authorisation of that body has been withdrawn, for the period of 5 years preceding the withdrawal of that authorisation, and in the case of organic producers placed under control for a period of less than 5 years, for the period from the date of notification of the organic farming activity by the organic producer concerned until the date of withdrawal of the authorisation of the certification body.
Article 7. [ Scope of operation of certification bodies] 1. The certification bodies shall act in respect of the authorisation granted to them, including the inspection under the control system referred to in Article 3. 27 of Regulation No 834/2007, on the basis and in the manner determined on the basis of this Article and in the regulations issued pursuant to this Article.
2. The certification body shall notify the Chief Inspector and the other certification bodies of the occurrence of the situation referred to in Article. 30 par. 2 of Regulation No 834/2007, within 14 days from the date of its determination.
Article 8. [ Supervision of certification bodies and organic production] 1. The inspection shall be carried out under the supervision of control bodies and supervision of organic production.
2. As part of the supervision of the control bodies of the Main Inspector, it checks the correctness of the operation of the certification bodies in the scope of the provisions concerning organic farming, including:
1) conducts analysis of the data and information provided by the certification bodies;
2) carry out audits and carry out inspections of certification bodies in the scope of application of the control procedures, held technical means and qualifications held by persons carrying out the control referred to in art. 7 ust. 1, and carry out checks on the documents relating to the checks;
3) transmit control requests to the certification bodies;
4) instructs the implementation of appropriate corrective actions related to the functioning of the certification bodies;
5) may request from the certification bodies any additional data and information related to the supervised supervision;
(6) may check the organic producers ' compliance with the correctness of the checks referred to in Article 6. 7 ust. 1, carried out by the certification bodies.
2a. If, as part of the supervision of the control bodies, the Chief Inspector determines the occurrence of the situation referred to in art. 27 ust. The second sentence of Regulation (EC) No 834/2007 may, by decision, prohibit the certification body from accepting applications for organic farming activities referred to in Article 8 (2) of Regulation (EC) No 834/2007. 28 para. 1 of that Regulation, within the specified scope and time limit, indicating the obligation to carry out the appropriate remedial action by that body.
2b. If the certification body fails to take appropriate corrective action within the time limit set out in the decision referred to in paragraph 2. 2a, the Chief Inspector shall apply for the withdrawal of the authorisation of the certification body referred to in Article. 6 para. 3.
3. The main Inspector in the framework of supervision of organic production, in addition to the inspection carried out by the Inspection on the basis of the provisions on the commercial quality of agri-food products, can check with organic producers, in the scope of products mentioned in art. 1 (1) 2 lithium a or b of Regulation (EC) No 834/2007 whether organic production complies with the rules on organic farming.
4. The provision of the paragraph. 3 shall not apply to organic producers which place exclusively the retail trade of the products listed in Article 3 (1) of the Regulation. 1 (1) 2 lithium a or b of Regulation No 834/2007.
5. Supervision of:
1. the certification bodies shall be exercised in accordance with the rules and in the manner prescribed by the Article. 27 of Regulation No 834/2007 and of the provisions of this Article and the provisions on the commercial quality of agri-food articles relating to control proceedings;
2. the organic production shall be exercised on the basis of the provisions on the commercial quality of agri-food products relating to control proceedings.
6. The Chief Inspector may entrust the carrying out of the activities referred to in the paragraph. 2 (2) and (6) and (6) 3, provincial inspection of the commercial quality of agri-food articles, hereinafter referred to as the "provincial inspector", competent to the place where these activities are to be carried out.
7. In the case referred to in paragraph. Article 2 (6) and (2) 3, environmental producers shall ensure that employees of the Inspectorate have access to production units within the meaning of the Article. 2 lithium (f) Regulation (EC) No 889/2008 and the documents and information shall be made available, and shall provide assistance to the extent necessary to check the effectiveness of the checks referred to in Article 3. 27 ust. 9 lit. b of Regulation No 834/2007.
Article 9. [ Data and information on organic productors] 1. The inspection collects and stores data and information about organic producers.
2. The main inspector shall make available, at the request of the entity concerned, data and information concerning organic production and organic producers.
3. The certification body shall:
1) announces the website of the list of organic producers on the website administered by this entity,
2) make available, by means of electronic communication, at the request of the party concerned, the list of organic producers
-under the control referred to in Article 7 ust. 1, carried out by this unit.
4. The list referred to in paragraph 1. 3, shall contain, in addition to the information referred to in Article 28 para. Article 5 of Regulation No 834/2007, data and information on organic farming products produced by each of the organic producers. The data and information shall include at least the organic production volume of the individual organic products produced by each of these producers.
5. The Minister responsible for agriculture may determine, by means of a regulation, the model of the list referred to in paragraph 1. 3, with a view to ensuring the comparability of the data and information published or made available by the certification bodies, which are included in that list.
6. In the case of a change by the manufacturer of the organic certification body, the certification body under which the manufacturer has so far been under control, or the Chief Inspector-in the case referred to in art. 6 para. 7-transmit the certification body to which the organic producer has been submitted, in their possession:
1) the documents referred to in art. 92 (1) Second paragraph of Regulation (EC) No 889/2008, and
2. the information contained in the list referred to in Article 17 para. 1 point 1
-concerning the producer's activities in the field of organic farming, for a period of 5 years preceding the change by that producer of the organic certification body, and where the organic producer has been under control for a period of time less than 5 years, for the period from the date of notification of the organic farming activity of that organic producer to the date of the remaining of that manufacturer under the control of the certification body concerned.
7. The transfer of the certification body to which the organic producer, the documents and the information referred to in the paragraph have been submitted. 6, following the request of this unit, within 14 days from the date of submission of the application.
8. The information referred to in art. 92 (1) 1 or 5 of Regulation (EC) No 889/2008 shall be transmitted to the certification body at its request within 14 days from the date of submission of the application.
Article 10. [ Tasks and competencies of inspections] 1. The inspection shall perform the tasks and shall have the competence specified for the competent authority of the Member State within the meaning of the Article. 2 point 6 of Commission Regulation (EC) No 1235/2008 of 8 December 2008. laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries (Dz. Urz. EU L 334, 12.12.2008, p. 25, of late. zm.).
2. The tasks and competences referred to in paragraph. 1, shall be carried out on the basis and in the manner set out in art. 32 and 33 of Regulation No 834/2007 and the provisions adopted on the basis of those Articles and in the commercial quality of agri-food articles concerning control proceedings.
Article 11. [ Competence of the Provincial Inspector] 1. Voivodship inspector competent for the place of business by the organic producer, by decision:
1. it shall issue a permit for derogation from the conditions of organic production in the cases referred to in Regulation No 889/2008, on request for their application, subject to paragraph. 2 and 5;
(2) refuse to issue, amend or revoke the authorisation if, as a result of the operations carried out, it finds that the conditions for the application of the derogations listed in point 1 have not been fulfilled.
2. The Chief Inspector, by decision:
1. it shall issue a permit for the application of the derogations referred to in Article 3. 29 par. 1, in the first line of point 6 of Annex II to Regulation (EC) No 889/2008 and in point 3 (a). and Annex VI to that Regulation, on request for their application;
2. refuses to issue, amend or withdraw the authorisation to apply the derogations listed in point 1, under the conditions laid down in Regulation No 889/2008.
3. The applications referred to in paragraph 1. 1, consists of a form developed by the Chief Inspector, made available on the website administered by the Inspectorate.
4. The applications referred to in paragraph 1. 1 and 2, the opinion of the certification body shall be accompanied by an opinion on the fulfilment of the conditions for the application of the derogation requested.
(5) Notwithstanding the derogations from the conditions of organic production, the application of which shall be subject to the authorisation referred to in paragraph 1. 1 point 1 or paragraph. 2 (1) may be used for general derogations from the conditions of organic production, where this is necessary for the start or maintenance of organic production by organic producers.
(6) The minister responsible for agriculture may lay down, by regulation, general derogations from the conditions of organic production, taking into account the scope of those derogations authorised under the rules on organic farming and the conditions for their application in accordance with the objectives and principles of organic production set out in those provisions.
Article 12. [ Main Inspectorate of Plant Protection and Seed] 1. The Main Inspectorate of Plant Protection and Seed Protection:
1) is the competent authority for the creation of a computerised database referred to in art. 48 of Regulation No 889/2008, including information on the products listed in the Article. 1 (1) 2 lithium (d) Regulation No 834/2007, and then administers that database under the rules set out in Chapter 7 of Title II of Regulation No 889/2008;
2. by means of a decision, records in the database referred to in point 1, information on the products referred to in Article. 1 (1) 2 lithium (d) Regulation No 834/2007, and refuses to register, amend or withdraw the registration in that database where the supplier does not fulfil the conditions laid down in Article 4 (1) of Regulation (EC) No 834/2007 50 par. 1 of Regulation No 889/2008 or if the requirements laid down in the Article are not fulfilled. 45 of that Regulation;
3. develop and transmit to the Minister responsible for agriculture an annual, summary report on the application, on the basis of the mouth. 4, in organic farming of products referred to in art. 1 (1) 2 lithium (d) Regulation (EC) No 834/2007 which does not meet the requirements laid down in the rules on organic farming containing the information referred to in Article 4 of Regulation 54 of Regulation No 889/2008.
2. An application for registration or modification of the registration in the database referred to in paragraph. 1, consists of a form developed by the Chief Inspectorate of Plant Protection and Seed Inspection and made available on the website administered by the Inspectorate of Plant Protection and Nasiennictwa.
3. An organic producer applying for a permit for use in organic farming of products listed in art. 1 (1) 2 lithium (d) Regulation No 834/2007, which does not meet the requirements laid down in the rules on organic farming, submits a request to the provincial plant protection supervisor and the competent authority for the place of business of the of this manufacturer.
4. Provincial plant protection and seed inspector, by decision, in accordance with the rules laid down in Art. 45 of Regulation No 889/2008, it shall issue, refuse to issue, amend or revoke the authorisation to use in organic farming the products referred to in Article 4. 1 (1) 2 lithium (d) Regulation No 834/2007, which does not meet the requirements laid down in the rules on organic farming.
Article 13. [ Referral to the provisions of the Act] In the cases concerning the licences referred to in Article 11 (1) 1 and 2 and Art. 12 (1) 4, as well as the registration in the database referred to in art. 12 (1) 1, no charges are collected.
Article 14. [ Detailed conditions and modus of cooperation in the exercise of supervision by the Trade Inspection] 1. The Trade Inspection shall cooperate with the Inspectorate in the exercise of the supervision referred to in art. 8, in respect of the placing on the market of the retail products listed in Article 1 (1) 2 lithium a or b of Regulation No 834/2007.
2. The Chief Inspector shall transfer to the President of the Office of Competition and Consumer Protection possessing information about organic producers who carry out activities concerning the placing on the retail market of the products listed in art. 1 (1) 2 lithium a or b of Regulation No 834/2007, to the extent specified in art. 63 par. 3 of Regulation No 889/2008.
3. Provincial inspection inspector competent due to the place maintained-under the rules laid down in separate regulations-control of the entity conducting business in the scope of placing on the retail market of the products listed in art. 1 (1) 2 lithium a or b of Regulation No 834/2007, gives the provincial inspector competent due to the place of carrying out of that activity the data and information about the infringements detected during the control of infringements and suspicions of infringement of the provisions concerning organic farming in respect of these products.
4. Detailed conditions and manner of cooperation in the exercise of the supervision referred to in art. 8, in respect of the placing on the market of the retail products listed in Article 1 (1) 2 lithium a or b of Regulation No 834/2007, defines the agreement concluded between the President of the Office of Competition and Consumer Protection and the Chief Inspector.
Article 15. [ Specific conditions and modus of cooperation in the exercise of supervision by the Veterinary Inspection] (1) The veterinary inspection shall cooperate with the Inspectorate in the exercise of the supervision referred to in Article 3. 8, in respect of the products listed in Article 1 (1) 2 lithium c of Regulation No 834/2007.
2. The Chief Inspector shall communicate to the Chief Veterinary Medicaid the information on organic producers who operate in the range of products listed in art. 1 (1) 2 lithium c of Regulation (EC) No 834/2007, to the extent specified in the Article. 63 par. 3 of Regulation No 889/2008.
3. The county veterinarian competent due to the place kept-under the rules laid down in the separate regulations-control of the products listed in the art. 1 (1) 2 lithium (c) Regulation No 834/2007 gives the Inspector General data and information on infringements and suspicions of breaches of the rules on organic farming in respect of those products.
4. The county veterinarian competent for the establishment of the plant within the meaning of the art. 3 lithium d of Regulation (EC) No 183/2005 of the European Parliament and of the Council of 12 January 2005 laying down requirements for feed hygiene (Dz. Urz. EU L 35, 08.02.2005, p. 1), at the request of the Chief Inspector, conducts control at this plant in the scope of the products mentioned in art. 1 (1) 2 lithium c of Regulation No 834/2007.
5. Detailed conditions and manner of cooperation in the exercise of the supervision referred to in art. 8, in respect of the products listed in Article 1 (1) 2 lithium c of Regulation No 834/2007, defines the agreement concluded between the Chief Veterinary Office and the Chief Inspector.
Article 16. [ Detailed conditions and manner of cooperation when exercising supervision by the State Inspectorate of Plant Protection and Seed Protection] 1. The State Inspectorate of Plant Protection and Seed shall cooperate with the Inspectorate in the exercise of supervision referred to in art. 8, in respect of the products listed in Article 1 (1) 2 lithium (d) Regulation No 834/2007.
2. The Chief Inspector shall transfer to the Main Inspectorate of Plant Protection and Seed shall have information on organic producers who carry out activities in the range of products listed in Art. 1 (1) 2 lithium (d) of Regulation No 834/2007, to the extent specified in the Article. 63 par. 3 of Regulation No 889/2008.
3. The Provincial Plant Protection Officer and the seed competent due to the place carried out-under the rules laid down in the separate regulations-control of the products listed in the art. 1 (1) 2 lithium (d) Regulation No 834/2007 gives the Inspector General data and information on the infringements and suspicions of breaches of the provisions on organic farming in respect of those products.
4. The Provincial Inspectorate of Plant Protection and Seed Management competent due to the place of the control carried out, at the request of the Chief Inspector, conducts control in the scope of the products mentioned in Art. 1 (1) 2 lithium (d) Regulation No 834/2007.
5. Detailed conditions and manner of cooperation in the exercise of the supervision referred to in art. 8, in respect of the products listed in Article 1 (1) 2 lithium (d) Regulation No 834/2007 establishes an agreement between the Chief Inspectorate of Plant Protection and Seed and the Chief Inspector.
Article 17. [ Forwarding of the list and reports] 1. The certification body shall communicate:
1) the Minister for Agriculture, the Chief Inspector and the President of the Agency for the Restructuring and Modernisation of Agriculture, via electronic means of electronic communication with a secure signature an electronic verified by a valid qualified certificate, by 30 November of each year, the list of producers referred to in the Act of 18 December 2003. the national system of records of producers, records of agricultural holdings and the records of applications for payment (Dz. U. 2012 r. items 86, of 2013 items 1537 and from 2014. items 1872), who have fulfilled specific requirements for organic production in accordance with the organic farming regulations, as of 15 November of this year;
(2) The main inspector by 31 January of each year, the list, and by 31 March of each year, the report referred to in Article 4 (1) of the Rules of procedure. 27 ust. (14) of Regulation No 834/2007, which contains data and information collected by that body, resulting from the scope of its mandate to act in organic farming.
(1a) If, as a result of the control carried out by the certification body, the need to supplement or amend the data contained in the list referred to in paragraph (s) has to be completed. 1 point 1, the certification body shall supplement or amend that list, as at 31 December of that year, and shall forward it to the Minister for Agriculture, the Chief Inspector and the President of the Agency for Restructuring and Modernisation of Agriculture. in the manner and in the form referred to in paragraph. 1 point 1 shall, by 14 January of the year following the year of transmission of that list, be made.
2. The report of errors or mistakes in the information contained in:
1. the list referred to in paragraph 1. 1 point 1 shall be made by the last day of February of the year following the year of transmission of that list;
2. the list referred to in paragraph 1. 1 point 2, shall be made until the last day of February of the year in which that list was transmitted;
3) the report referred to in paragraph. 1 point 2, shall be made by 30 April of the year in which the report was transmitted.
3. [ 1] List referred to in paragraph 1 point 1, for the purpose of evidentiary proceedings in proceedings concerning the granting of financial assistance to organic producers, on the basis of the provisions on the promotion of rural development from the measures coming from Section 1 Guarantee of the European Agricultural Guidance and Guarantee Fund, the provisions on support for rural development with the contribution of the European Agricultural Fund for Rural Development under the Rural Development Programme for the years 2007-2013 and provisions on support for rural development with measures The European Agricultural Fund for Rural Development under the Rural Development Programme for the period 2014-2020, constitutes an official document within the meaning of the provisions of the Code of Administrative Procedure.
4. [ 2] The Minister for Agriculture shall determine, by means of a regulation, the model form of the list referred to in paragraph 1. Article 1 (1), and the manner in which it is to be transmitted, with a view to obtaining information relating to the granting of financial assistance to organic producers on the basis of the provisions on support for rural development from the appropriations under the Guarantee Section European Agricultural Guidance and Guarantee Fund, provisions on support for rural development with the contribution of the European Agricultural Fund for Rural Development under the Rural Development Programme for the period 2007-2013 and provisions on support for rural development with the participation of measures The European Agricultural Fund for Rural Development under the Rural Development Programme for the period 2014-2020.
5. The list and the report referred to in paragraph. 1 point 2, shall be drawn up on the forms drawn up and made available by the Chief Inspector to the certifying bodies and forward by means of electronic communication and, in the case of making available to the certification bodies, a software or a computer system for the transmission of that list or report, using that software or system.
Art. 17a. [ Access to data on organic productors] 1. The Agency for Restructuring and Modernisation of Agriculture shall provide the Chief Inspectorate and certification bodies for the access to the data administered by the organic producers in the system of records of producers, records agricultural holdings and the records of applications for payment referred to in the Act of 18 December 2003. the national system of records of producers, records of agricultural holdings and the records of applications for payments to the extent necessary for the proper functioning of the system of supervision and control in organic farming.
2. The data referred to in paragraph. 1, shall be made available at the request of the Chief Inspector or the certification body free of charge, on the basis of the agreements concluded.
3. The main Inspector shall have access to the data referred to in the paragraph. 1, and uses the available data to carry out the tasks specified in Art. 8.
4. The certification bodies shall have access to the data referred to in paragraph 1. 1, only in respect of producers who have made a notification to those undertakings for the taking up of organic farming activities referred to in Article 3. 28 para. (1) Regulation No 834/2007, and use the data available to carry out the tasks referred to in Article 4 (1) 7 ust. 1.
Article 18. [ Evaluation and confirmation of the compliance of the measures for organic production] 1. Measures for organic production and products and substances referred to in art. 16 ust. 5 of Regulation No 834/2007, the application of which does not lead to an infringement of the objectives or principles set out in Title II of that Regulation or of the general criteria of that Article may be labelled as 'organic' or derived from that definition; or the term 'eko' or 'bio'.
2. The Minister responsible for agriculture may determine, by means of a regulation, the organisational units assessing and confirming the compliance of the measures for organic production in question:
1) in art. 16 ust. 1 of Regulation (EC) No 834/2007, with the requirements set out in the rules on organic farming, including the scope of the confirmation of that compliance, and the lists of those measures,
2. in Art. 16 ust. 4 of Regulation (EC) No 834/2007, with the requirements set out in the rules on organic farming, including the scope of the confirmation of that compliance, and the lists of those measures
-taking into account the experience of those bodies in the conduct of such studies and the qualifications and professional experience of the evaluators and of the conformity of the measures for organic production in those units.
Article 19. [ Conditions for organic production] 1. The Minister responsible for agriculture will determine, by way of regulation, the conditions of organic production, to the extent left to be determined by the Member State or the competent authority of a Member State in the provisions of Regulation No 834/2007 or in European Union legislation issued in accordance with the provisions of this Regulation, with a view to the scope of the derogations, the validity of the transitional periods and the preservation of the objectives and the rules provided for in those provisions.
2. The Minister responsible for agriculture may determine, by means of a regulation:
(1) the conditions of organic production in the scope of the provisions of Regulation No 834/2007 or in the provisions of the European Union adopted in accordance with the provisions of that Regulation, with a view to preserving the objectives and principles set out in those provisions. rules;
2. conditions for the use of organic production in organic production for purposes other than those referred to in Article 3 (2) of the EC 16 ust. 1 of Regulation No 834/2007, having regard to the conditions laid down in Article 4 (1) of Regulation 16 ust. 4 of that Regulation;
3) conditions or means of marking within the meaning of art. 2 lithium (c) Regulation No 834/2007 or the control of organic farming products in the field of collective nutrition within the meaning of the Article 2 lithium (a) Regulation (EC) No 834/2007, with a view to ensuring the reliability and transparency of controls in organic farming;
(4) the types of irregularities or infringements of the rules on organic farming and the minimum measures to be applied by the certification bodies, with a view to ensuring the reliability and transparency of controls in agriculture ecological.
Art. 19a. [ Analysis Execution Request] 1. Under the control referred to in art. 7 ust. 1, the certification bodies may commission the analyses referred to in Article 3. 65 par. 2 of Regulation (EC) No 889/2008, in the official laboratories referred to in Article 12 of Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on the official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (Dz. Urz. EU L 165, 30.04.2004, p. 1, from late. zm.; Dz. Urz. EU Polish Special Edition, rozdz. 3, t. 45, str. 200), hereinafter referred to as "Regulation No 882/2004", or in the reference laboratories referred to in Article 33 of Regulation No 882/2004, as set out in accordance with paragraph 1. 3.
2. The costs of carrying out the analyses referred to in paragraph. 1, shall be financed by the certification bodies or organic producers in accordance with art. 28 of Regulation No 882/2004.
3. The results and data on the results of the analyses carried out to the extent specified in the paragraph. 1 shall be transmitted by official and reference laboratories to the Chief Inspector, who collects them and processes them.
4. The Minister responsible for agriculture:
1) shall designate, by way of regulation, the official and reference laboratories referred to in paragraph 1. (1) and define the scope of the analysis laboratories, having regard to the provisions of Article 4 (1) of the Regulation. 12 of Regulation No 882/2004 and for ensuring the implementation of the tasks set out in Article 3 33 of that Regulation;
2. determine, by Regulation, the detailed conditions and mode of collection, processing and transmission of data on the results of the analyses carried out, with a view to ensuring effective control of organic products, and the rapid flow of information on the results of these analyses.
(5) The Minister responsible for agriculture may determine, by means of a regulation, the requirements for the analyses performed and the test methods to be applied to be met by the official and reference laboratories, taking account of their specific characteristics as a result of the the type of analysis they carry out.
Article 20. [ Recognition of private standards] The Minister responsible for agriculture shall, by decision, recognise the private standards referred to in Article. 42 of Regulation No 834/2007.
Article 21. [ Register of organic farming inspectors] 1. The audit referred to in art. 7 ust. 1, shall be carried out by persons who have been entered in the register, as regards the types of specialization to carry out this check specified in the provisions issued on the basis of the mouth. 13, and fulfilling the obligation to raise the knowledge referred to in paragraph. 4, hereinafter referred to as 'the inspectors of organic farming'.
2. The register of organic farming inspectors referred to in paragraph 2. 1, leads the Chief Inspector.
3. The register of the inspectors of organic farming referred to in paragraph. 1, the person may be entered:
1) which possesses the theoretical and practical knowledge necessary to carry out the inspection referred to in art. 7 ust. 1, confirmed by an examination passed before the qualification committee set up by the Chief Inspector, or
2) to which the decision on recognition of qualifications, issued on the basis of the rules on the principles of recognition of professional qualifications acquired in the Member States of the European Union, has become final.
4. The person entered on the basis of the examination referred to in the paragraph. 3 point 1, to the register of organic farming inspectors referred to in paragraph 1. 1, is obliged to raise knowledge from the scope of organic farming.
4a. The person referred to in paragraph 1. 1, it shall fulfil the obligation to raise knowledge by participating in training organised by the certification body or by carrying out an appropriate number of checks.
5. Oyourself entered in the register of organic farming inspectors referred to in paragraph. 1, the Chief Inspector shall issue a certificate of entry into that register containing information on the types of specialisation to carry out the checks referred to in art. 7 ust. 1, and the imitation seal.
(5a) The certification body shall be obliged to store and make available to the Chief Inspector of documentation confirming the training or carrying out an appropriate number of checks by the organic inspector.
6. Strikethrough from the register of organic farming inspectors referred to in paragraph. 1, followed by:
1) death;
2. to demonstrate, within the framework of the supervision exercised, referred to in Article 8, unreliable or biased inspection referred to in art. 7 ust. 1.
7. Strikethrough from the register of organic farming inspectors referred to in paragraph. 1, as regards the types of specialisation to carry out the checks referred to in Article 7 ust. 1, followed by:
1) the resignation submitted by an organic farming inspector for those types of specialization;
2. to demonstrate, within the framework of the supervision exercised, referred to in Article 8, of obvious inconvenience or negligence in carrying out the checks referred to in art. 7 ust. 1, in respect of these types of specialisation;
3) (repealed).
8. The entry or deletion from the register of organic farming inspectors referred to in the paragraph. 1, in the cases referred to in paragraph 1. Article 6 (2) and (6) 7 (2) shall be made on the basis of a decision issued by the Chief Inspector.
9. Strikethrough from the register of organic farming inspectors referred to in paragraph. 1, in the cases referred to in paragraph 1. 6 pt. 1 and paragraph. Paragraph 1 shall be governed by the law, without a decision being adopted.
10. Register of organic farming inspectors referred to in paragraph 1. 1, is carried out on the website administered by the Inspectorate.
11. The register of organic farming inspectors referred to in paragraph 1. 1, contains the names of persons entered in the register and information on the scope of the types of specialisation to carry out the checks referred to in art. 7 ust. 1.
12. For carrying out the examination referred to in paragraph. 3 point 1, the levy shall be charged, which shall constitute the revenue of the State budget.
13. The Minister responsible for agriculture will determine, by means of a regulation:
1) the types of specialisation to carry out the checks referred to in art. 7 ust. 1,
2) a detailed range of issues, the knowledge of which is required to obtain particular types of specialization to carry out the inspections referred to in art. 7 ust. 1,
3) the conditions and manner of conducting the examination referred to in the paragraph. 3 point 1, including its documentation,
4) the method of appointment and composition of the qualification committee,
5. the model certificate of the entry in the register of organic inspectors referred to in paragraph 1. 1, and the model of the imitated seal referred to in paragraph 1. 5,
(6) the amount and the manner in which the fees are paid for the examination referred to in paragraph 1. 3 point 1, and the amount of the remuneration of the members of the qualification committee,
7. detailed requirements for the training referred to in paragraph. 4a, including their scope, duration and frequency of the participation of persons entered in the register of organic farming inspectors and the number of inspections carried out by the inspector confirming the fulfilment of the obligation to raise the knowledge, of which Paragraph 1. 4, as well as detailed requirements for documentation confirming the completion of such training or carrying out an appropriate number of these checks
-having regard to the fairness and transparency of the examination referred to in paragraph 1. 3 point 1, the actual costs of carrying out the examination and functioning of the qualification committee, ensuring the proper functioning of the control system referred to in Article 3 (1) (a). 27 of Regulation No 834/2007 and the compliance of the certification bodies with the conditions laid down in Article 27 of Regulation No 834/2007. 27 ust. 5 lit. b (ii) of that Regulation.
Article 22. [ Forwarding information and presence to the European Commission and the Member States] The Minister for Agriculture shall be the competent authority for the transmission of information and for the presence of the European Commission and the Member States within the scope set out in the rules on organic farming.
Article 23. [ Subsidies from the state budget] Under the rules laid down in the public finance rules, taking into account the provisions on public aid proceedings, the State budget may be:
1. grant grants to:
(a) carrying out research relating to organic farming,
(b) the financing of studies relating to the recognition of a measure for organic production as complying with the requirements laid down in the rules on organic farming,
(c) to finance the costs of controls of organic producers
(d) the financing of promotion and information activities in organic farming,
(e) the financing of tasks related to the execution of analyses on the content of substances not authorised for use in organic farming,
(f) the financing of analyses and studies relating to the execution of analyses on the content of genetically modified organisms in organic farming crops and products;
2) subsidise the implementation of agreements or agreements concluded in the framework of international cooperation on the coordination of research on organic farming.
Article 24. [ Cash penalties for non-performance of duties by certification bodies] 1. A certification body which shall:
1) does not transmit the list referred to in art. 4 par. 6, or passes it after the deadline, or passes it unlawfully with a particular form or way, or passes that list containing untrue or incomplete information that may significantly affect the ability of the supervised surveillance referred to in art. 8,
2) does not exercise the obligation of notification specified in art. 7 ust. 2 or exercise that obligation after the deadline,
3) does not transmit the data or information referred to in art. 8 ust. 2 (5), or the transfer of untrue or incomplete data or information,
4. shall not publish or make available the list referred to in Article 4. 9 ust. 3, or advertises or makes it available, not in accordance with a particular form or manner, or advertises or makes available that list, containing untrue or incomplete data or information which may impede the comparability of the data or information included in that list,
5) does not pass the list or reports referred to in Article. 17 para. 1 point 2, or transmits them after the date, or transmits them not according to the specified form or manner, or transmits this list or a report containing untrue or incomplete data or information that may significantly affect the possibility of the supervision referred to in Article 8
-shall be subject to a penalty payment equivalent to 10 times the average monthly salary in the national economy for the year preceding the year of this penalty, as published by the President of the Central Statistical Office. The Official Journal of the Republic of Poland "Monitor Polski" on the basis of the provisions on pensions from the Social Insurance Fund, hereinafter referred to as "average pay".
2. A certification body, which shall:
1. issue a certificate for products which do not comply with the requirements laid down in the rules on organic farming or for products not covered by the authorisation referred to in the decision referred to in Article 3 (1) of the Regulation. 5 par. 1,
2) recognizes the period during which the organic production was carried out, or the period of conversion within the meaning of art. 2 lithium h of Regulation No 834/2007 not in accordance with the rules on organic farming or for products not covered by the authorisation referred to in the Decision referred to in Article 3 (2) of Regulation (EC) No 834/2007. 5 par. 1,
3. shall carry out the check referred to in Article 3. 7 ust. 1, not in accordance with the rules or the manner specified on the basis of art. 27 of Regulation No 834/2007 or with the rules or a method determined on the basis of this Article or in the provisions issued pursuant to that Article,
4) does not perform the remedial actions referred to in art. 8 ust. 2 point 4,
5) works inaccordance with the scope of the authorization granted,
6. does not pass the list referred to in Article. 17 para. 1 point 1, or transmits it after the deadline, or passes it unlawfully with a particular form or manner, or passes that list containing untrue or incomplete data or information that may significantly affect the environmental producers ' grant financial assistance,
7) conducts the control referred to in art. 7 ust. 1, through persons not entered in the register of organic farming inspectors, referred to in art. 21 (1) 1, or in a range which does not conform to the scope of the specialisation of that inspection or entered in that register, but which does not comply with the obligation to raise the knowledge referred to in Article 3 (1) of Regulation (1) (d). 21 (1) 4,
8) does not meet the ecological producer of the obligations laid down in the rules on organic farming
-shall be subject to a penalty payment equivalent to a maximum of 20 times the average wage.
3. Penal penalty:
1) referred to in paragraph 1. 1, shall not be higher than 5% of the revenue of the certifying body achieved in the financial year preceding the year of the penalty;
2) referred to in paragraph 1. 2, may not be higher than 10% of the revenue of the certification body achieved in the financial year preceding the year of the penalty.
4. The monetary penalty referred to in paragraph 1 shall be provided for in paragraph 4. 1 or 2, shall be directed by the Chief Inspector by decision.
5. The provision of the paragraph. 3 shall not apply if the certification body has not reached the revenue in the financial year preceding the year of the penalty payment.
6. The procedure for the exchange of the monetary penalty referred to in paragraph 1. On the request of the President of the Agency for Restructuring and Modernisation of Agriculture, point 6, point 6 of the General Inspectorate is initiated.
Article 25. [ Fines for the placing on the market of non-compliant products and obstruction of control] 1. A natural person, a legal person or an organizational unit without legal personality, who:
1) prevents the Authority from carrying out the inspection activities under the supervision referred to in Article 8, shall be subject to a penalty payment of up to 20 times the average salary;
2) make it difficult for the Inspection Authority to carry out the surveillance activities in the framework of the supervision referred to in Article 3. 8, shall be subject to a penalty payment of up to fifteen times the average wage;
3. shall be placed on the market:
(a) a measure for organic production which does not meet the requirements laid down on the basis of Article 16 ust. 1 or 4 of Regulation No 834/2007,
(b) the product or substance referred to in Article 16 ust. 5 of Regulation No 834/2007, leading to a breach of the objectives or principles set out in Title II of that Regulation or the general criteria of that Article
-which have been labelled in such a way as to be misleading as to the fulfilment of the requirements laid down pursuant to Article 3 (1) of the Regulation. 16 of Regulation (EC) No 834/2007, including by the labelling of 'organic' or derived from that term, or 'eko' or 'bio', or has been labelled in such a way as to be misleading as to the applicability of agricultural products to the Community. It shall be subject to a penalty payment of up to 200% of the property obtained or which could be obtained for the measure, product or substance placed on the market;
4. places the product of organic farming on the market as a product of organic farming, which, contrary to the obligation arising from the art. 23-26 of Regulation No 834/2007, has not been marked or has been branded in violation of Art. 23-26 of this Regulation, shall be subject to a penalty payment of up to three times the average remuneration;
5. places the product on the market:
(a) as a product of organic farming which does not comply with the provisions of Regulation No 834/2007 or in the provisions of the European Union adopted in accordance with the provisions of that Regulation, or
(b) which has been labelled as a product of organic farming, in breach of Article 23-26 of Regulation No 834/2007
-shall be subject to a penalty payment of up to 200% of the property gain obtained or could be obtained for the products placed on the market, but not less than 500 zł;
6) acts as a certification body without the required authorization, shall be subject to a monetary penalty of up to twenty times the average remuneration.
2. A natural person, a legal person or an organizational unit without legal personality which reintroduces the product, measure or substance of the same type, which does not conform to the requirements laid down in the legislation, mentioned in paragraph. In accordance with Article 1 (1), (4) or (5) in respect of the same infringement, the penalty shall be punishable by the penalty payment determined, depending on the breach found. 1 points 3, 4 or 5, increased by the amount of the penalties imposed during the 24 months prior to the start of the control activities.
3. Penal penalty:
1) referred to in:
(a) paragraphs 1 points 1, 2 or 6, shall be directed by the Chief Inspector by decision,
(b) paragraphs 1 points 3, 4 or 5, shall be meted out by the competent authority due to the place where the provincial inspector's control activities are carried out by decision,
(c) paragraphs In the case of the placing on the retail market of the products listed in Article 1 (1), point 4 or 5 shall be addressed by the competent due to the place where the inspection activities are carried out. 1 (1) 2 lithium a or b of Regulation (EC) No 834/2007 of the Provincial Inspectorate of Trade Inspection by decision,
2) referred to in paragraph 1. 2, shall be directed by the authority the property of which has been determined in accordance with point 1, by decision.
4. Regardless of the exchange of the monetary penalty, the entity placing on the market:
1) the measure, product or substance referred to in paragraph 1. 1 point 3, or the product referred to in paragraph 1. 1 point 5, shall be required to:
(a) to change the marking without delay to a marking which does not mislead the following:
-the product or substance of the requirements of Regulation No 834/2007 or of Regulation (EC) No 889/2008, including not containing the term 'organic' or derived from that term, or the terms 'eko' or 'bio', whether or not complying with the provisions of Regulation No 834/2007 or of Regulation No 889/2008; or
-the possibility of using this product, product or substance in organic farming, or
(b) the immediate withdrawal of that product, product or substance from the market at its own expense;
2. a product of organic farming as a product of organic farming, which, contrary to the obligation under the art. 23-26 of Regulation No 834/2007, has not been marked or has been branded in violation of Art. 23-26 of that Regulation in the case referred to in paragraph 1. Article 1 (4) is required to be marked without delay in accordance with the obligation arising from the Article. 23-26 of Regulation No 834/2007 or to the immediate amendment of the markings in accordance with those provisions, or to the immediate withdrawal of that product at its own expense.
Article 26. [ Imposition of penalty payments] 1. The monetary penalties referred to in art. 24 and 25, taking into account the severity of the deed, the degree of envy, the extent of the infringement, the past activity of the infringement and the volume of its turnover.
2. The deadline for payment of fines, referred to in art. 24 and 25, it shall be 30 days from the date on which the decision to measure the penalty has become final.
3. The monetary penalties referred to in art. 24 and 25, constitute the revenue of the state budget and are paid to the bank account of the Main Inspectorate of the Commercial Quality of Agricultural and Food Articles, provincial inspectorate of the commercial quality of agri-food articles or the provincial inspectorate the commercial inspection.
4. The penalty payments referred to in art. 24 and 25, in the unregulated range, the provisions of Chapter III of the Act of 29 August 1997 apply accordingly. -Tax Ordinance (Dz. U. of 2005 No. 8, pos. 60, of late. 1. 2) ).
5. In the event of a low degree of misconduct, the low degree of envy, the minor scope of the infringement or the absence of any significant misconduct in the activity of the infringer, you may depart from the penalty cash referred to in art. 24 and 25.
Article 27. [ Law on Trade Inspection] In the Law of 15 December 2000. o Trade Inspection (Dz. U. of 2001. No 4, pos. 25, of late. 1. 3) ) art. 18 is replaced by the following
" Art. 18. 1. Provincial inspector, subject to the paragraph. 2, by decision, may:
1) to order, in the course of checks, the restriction of the placing on the market, the suspension of the placing on the market or the withdrawal from the market of the products or the cessation of the provision of services, or the immediate removal of the irregularities found, if necessary for reasons of safety or the interest of consumers or the economic interest of the State;
2) order the entrepreneur, as part of the exercise of supervision referred to in art. 17 para. 3 of the Act of 21 December 2000. on the commercial quality of agri-food articles (Dz. U. of 2005 No. 187, pos. 1577, as of late. 1. 4) ), cessation of the marketing or withdrawal from the market at its points of sale of the whole lot of the agri-food article, if any type of irregularity found may relate to the entire production batch of the article. agro-food.
2. In the event of a finding of an infringement of 20 para. 1 point 1 of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. 2007 Nr 155, poz. 1095, of late. 1. 5) ), the provincial inspector may order in the course of the checks, by means of a decision, to remove the irregularities found immediately.
3. The provincial inspector may authorize an inspector to issue on his behalf during the control of the decision referred to in the paragraph. 1 and 2.
4. The decision referred to in paragraph. 1 and 2, subject to immediate execution.
5. The property of the local authority of the Inspectorate in the cases referred to in paragraph. Article 1 (2) is to be determined by the place of inspection.
6. Information contained in the decisions referred to in paragraph. 1, concerning the falsification of agri-food articles, shall be made public, without the information constituting the business secrets and other secrets to be protected under the separate rules. '
Article 28. [ Transitional provisions] 1. Certificates of conformity issued on the basis of existing regulations shall be valid until the date of expiry of the period of validity.
2. To the period of conversion within the meaning of art. 2 lithium (h) Regulation No 834/2007 includes a documented period for the production of organic production methods started before the entry into force of the Act.
3. The conditions to be met for organic production, resulting from private standards recognized in accordance with art. 20 shall apply until the date of entry into force of the provisions laying down the conditions to be met in this respect in accordance with Article 4 (2) of the Treaty. 38 lit. a Regulation (EC) No 834/2007 or as determined by Article 19 (1) 2 point 1. On the date of entry into force of those provisions, recognition of the private standards referred to in Article 20, shall be subject to change or withdrawal, to the extent that these requirements will be determined in accordance with Article 4 (2). 38 lit. a Regulation (EC) No 834/2007 or under Article 19 (1) 2 point 1.
4. Until 31 December 2010. the control referred to in Article 7 ust. 1, may be carried out by persons who have not been entered in the register of organic farming inspectors, referred to in art. 21 (1) 1.
5. Authorisations issued to certification bodies on the basis of existing regulations shall remain valid, provided that the certification bodies authorised under the provisions of the existing legislation are submitted to the Minister responsible for agriculture the documents and information necessary to establish that the requirements laid down in Article 4 are met. 27 ust. 5 and 6 of Regulation No 834/2007, within 6 months from the date of entry into force of the Act.
6. On the basis of the documents and information referred to in the paragraph. 5, the minister responsible for agriculture shall issue a certificate confirming that the requirements laid down in the Article are met. 27 ust. 5 and 6 of Regulation No 834/2007 or, by means of a decision, withdraw the authorisation of a certification body in so far as that body does not meet the requirements laid down in Article 4 (2) of Regulation No 834/2007. 27 ust. 5 and 6 of Regulation No 834/2007.
7. To issue the certificate or the decision referred to in paragraph. 6, art. 5 par. 5 shall apply mutatis mutandis.
8. After the issue of the certificate or the decision referred to in paragraph. 6, the minister responsible for agriculture shall send to the Chief Inspector:
1) copies of the documents which were the basis for the issue of this certificate-in case of compliance with the requirements laid down in Art. 27 ust. 5 and 6 of Regulation No 834/2007 or
2. information on the withdrawal of the authorisation of the certification body-in the case of non-compliance with the requirements laid down in the Article. 27 ust. 5 and 6 of Regulation No 834/2007, to the extent that the entity does not meet the requirements laid down in Article 4 (2) of Regulation No 834/2007 27 ust. 5 and 6 of Regulation No 834/2007.
9. In the case of the decision referred to in the paragraph. 6, the provisions of art. 6 para. 5-8 shall apply mutatis mutandis.
10. The identification numbers given to the certification bodies shall be retained before the entry into force of the Act.
Article 29. [ Implementing rules] Implementing rules issued on the basis of Article 11 of the Act referred to in art. 30, retain the power until the date of entry into force of the implementing rules issued on the basis of art. 18 point 1 of the Act, but not later than 31 December 2009.
Article 30. [ Repealed provisions] The Law of 20 April 2004 is repealed. o organic farming (Dz. U. Nr 93, pos. 898 and 2007 Nr 80, pos. 541 and No. 147, pos. 1033).
Article 31. [ Entry into force] The Act shall enter into force after 14 days from the day of the announcement, except for Art. 24 ust. 2 point 7, which shall enter into force on 1 January 2011.
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1) This Act shall be amended by the Law of 15 December 2000. o Trade Inspection.
2) Amendments to the text of the single law have been announced in the Dz. U. of 2005 Nr 85, pos. 727, Nr 86, pos. 732 and Nr 143, pos. 1199, 2006 No. 66, pos. 470, Nr 104, poz. 708, Nr 143, poz. 1031, No. 217, pos. 1590 and No. 225, pos. 1635, 2007 No. 112, item. 769, Nr 120, poz. 818, No. 192, pos. 1378 and No. 225, pos. 1671, 2008 No. 118, pos. 745, Nr 141, poz. 888, Nr 180, pos. 1109 and No. 209, pos. 1316, 1318 and 1320 and 2009 Nr 18, pos. 97, Nr 44, poz. 362 and No. 57, pos. 466.
3) The amendments to the said Act were announced in Dz. U. of 2001. No. 110, item. 1189, 2002 No. 135, item. 1145 and No. 166, pos. 1360, 2003 No. 223, item. 2220 and No. 229, pos. 2275, 2004 Nr 34, pos. 293, 2005 No. 180, pos. 1495, 2007 Nr 147, pos. 1033, of 2008 Nr 157, poz. 976 and No. 214, pos. 1346 and 2009 Nr 18, pos. 97, Nr 20, poz. 106 i No 79, pos. 666.
4) Amendments to the text of the single law have been announced in the Dz. U. 2006 r. No. 170, pos. 1217, No. 171, pos. 1225 and No. 208, pos. 1541, 2007 No 176, item. 1238, 2008 Nr 214, pos. 1346 i Nr 227, poz. 1505 and 2009 Nr 18, pos. 97 i Nr 31, poz. 206.
5) Amendments to the text of the single law have been announced in the Dz. U. 2007 No. 180, pos. 1280, 2008 Nr 70, poz. 416, Nr 116, poz. 732, Nr 141, poz. 888, Nr 171, pos. 1056 and No. 216, pos. 1367 and 2009 No 3, pos. 11 and No 18, pos. 97.
[ 1] Article 17 (1) 3 in the version set by the Article. 67 of the Act of 20 February 2015. to support rural development with the participation of the European Agricultural Fund for Rural Development under the Rural Development Programme for the period 2014-2020 (Journal of Laws of the European Agricultural Fund for Rural Development) (OJ L L, P. 349). The amendment came into force on 15 March 2015.
[ 2] Article 17 (1) 4 in the version set by the Article. 67 of the Act of 20 February 2015. to support rural development with the participation of the European Agricultural Fund for Rural Development under the Rural Development Programme for the period 2014-2020 (Journal of Laws of the European Agricultural Fund for Rural Development) (OJ L L, P. 349). The amendment came into force on 15 March 2015.
