Statement to the production rules and control measures as part of the Technical Dossier according to Regulation (EU) 1235/2008, Article 11 (3) b)

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1 Statement to the production rules and control measures as part of the Technical Dossier according to Regulation (EU) 1235/2008, Article 11 (3) b) Respected regulations: DRegulation EU No. Relevance Implementation a 2COUNCIL REGULATION (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing n.a., Base regulation n.a. 8Regulation (EEC) No 2092/91. 0COMMISSION REGULATION (EC) No 889/2008 of 5 September 2008 laying down detailed rules for the implementation of Council n.a. Base regulation n.a. 5Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and. control 01 COMMISSION REGULATION (EC) No 1254/2008 of 15 December 2008 amending Regulation (EC) No 889/2008 laying down detailed 5rules for implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to. organic production, labelling and control not applicable for this n.a. 10 COMMISSION REGULATION (EC) No 710/2009 of 5 August 2009 amending Regulation (EC) No 889/2008 laying down detailed rules for not applicable for this n.a. 5the implementation of Council Regulation (EC) No 834/2007, as regards laying down detailed rules on organic aquaculture animal and. seaweed production 0COMMISSION IMPLEMENTING REGULATION (EU) No 344/2011 of 8 April 2011 amending Regulation (EC) No 889/2008 laying down not applicable for this n.a. 8detailed 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 0COMMISSION IMPLEMENTING REGULATION (EU) No 426/2011 of 2 May 2011 amending Regulation (EC) No 889/2008 laying down 2detailed 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 not applicable for this n.a. 0COMMISSION IMPLEMENTING REGULATION (EU) No 203/2012 of 8 March 2012 amending Regulation (EC) No 889/2008 laying down not applicable for this n.a. 8detailed rules for the implementation of Council Regulation (EC) No 834/2007, as regards detailed rules on organic wine. 01 COMMISSION IMPLEMENTING REGULATION (EU) No 505/2012 of 14 June 2012 amending and correcting Regulation (EC) No not applicable for this n.a. 4889/2008 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 02 COMMISSION IMPLEMENTING REGULATION (EU) No 392/2013 of 29 April 2013 amending Regulation (EC) No 889/2008 as regards yes, for all operators Changes are implemtent in line 23. 9the control system for organic production. 02 COMMISSION IMPLEMENTING REGULATION (EU) No 1030/2013 of 24 October 2013 amending Regulation (EC) No 889/2008 laying not applicable for this n.a. 4down 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 1COMMISSION IMPLEMENTING REGULATION (EU) No 1364/2013 of 17 December 2013 amending Regulation (EC) No 889/2008 not applicable for this n.a. 7laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 as regards the use of non-organic aquaculture. juveniles and non-organic seed of bivalve shellfish in organic aquaculture 10 COMMISSION IMPLEMENTING REGULATION (EU) No 354/2014 of 8 April 2014 amending and correcting Regulation (EC) No 8889/2008 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 0 not applicable for this n.a. The following declaration applies to all countries outside of the European Union, in which ABCERT is permitted to issue controls according to (EU) Regulation 834/2007 Article 33 paragraph 3 by the EU Commission and explains the meaning of the Technical dossier : Production rules according to the Commission Regulation (EC) 834/2007 and inspection procedures laid down there are applicable to all operators controlled by ABCERT AG 01/16 ABCERT production rules and control measures in third countries page 1 / 7

2 within and outside the EU (so called third countries).the rules and inspection procedures are valid for the following production scopes, as long as these are applied equivalently to the EC Regulation, in particular for: Agricultural products of plant origin including plants from wild crop collection and seeds Foodstuffs of plant origin Animals and animal products As in third countries no relevant authorities exist for tasks and competencies, which according to the EC Regulation the competent authorities, member states or the European Commission are responsible for, the definitions and their equivalent implementation in third having regard to the Codex alimentarius are presented in the table below. Each definition according to the EC Regulation that is not listed in the table is defined in the same way as within the European Union. Therefore this meets the requirements of the GL 7 No 1, 2 and 3, because it: 1) shows the result of the norms comparison between production rules and inspection procedures in third countries and the Regulations (EC) 834/2007 and 889/2008 (Result: the norm is applied identically apart from separately defined measures) 2) displays together with the Regulations (EC) No 834/2007 and No 889/2008 the summarized requirements 3) lists the differences between the applied norm in third countries and in the EU * Equivalence: ABCERT AG defines the equivalence of rules and inspection procedures in third countries and in the EU in the sense that production rules (organic standards) and inspection procedures do not differ from the rules laid down in the Regulation (EC) No 834/2007. No Regulation Aim and Scope Regulation EU / Compliant Equivalent regulation in third countries 1 Reg. (EC) 834/2007 The use of Art. 16 Paragr. 4 No regulation in the EU at the present moment 2 Reg. (EC) 834/2007 Art. 17 & 28: products and substances in organic farming for purposes different than those mentioned in Art.16 Paragraph 1 Registration and start of conversion period 3 Reg. (EC) 834/2007 Use of non-organic Art. 19 Paragr. 2 c ingredients 4 Reg. (EC) 834/2007 Labelling of the lot and Art. 30 prohibition of marketing as well as Reg (EC) 889/2008 Art. 91 (2): Suspicion of infringements Registration at the competent authority, the conversion period starts at the earliest when the operator has notified his activity to the competent authorities non-organic agricultural ingredients may be used only if they have been authorised for use in organic production in accordance with Article 21 or have been provisionally authorised by a Member State; reg. (EC) 834/2007 Art. 30 Abs. 1 partly by authority, reg. (EC) 834/2007 Art. 30 Abs. 2 always by authority ABCERT does not authorise any relevant exceptions. Only products and substances are allowed, which are listed in Annex I to IX reg. (EC) 889/2008. No notification to the competent authority. On the ABCERT web site all the certified operators in third countries are listed (Name, address, range of certified products, the period validity of the certificate Art. 29 (Reg (EC) 834/2007)). Conversion period starts at the earliest when the operator has notified ABCERT AG. No provisional permissions will be issued by ABCERT. In case, that the European Commission have authorized the use of these incerdients in organic products, enterprises in third countries are allowed to use them as well. Therefore ABCERT informs the enterprises in third countries about these authorizations. Reg. (EC) 834/2007 Art. 30 (1) subsection 1 by limitation or suspension of the ary evidence according to the Art. 29 (Reg 834/2007) under proportionality Reg. (EC) 834/2007 Art. 30 (1) subsection 2 by withdrawal of the ary evidence Art. 29 (Reg 834/2007) 01/16 ABCERT production rules and control measures in third countries page 2 / 7

3 5 Reg. (EC) 889/2008 Art. 12 and irregularities Withdrawal or non-granting of the certificate Notification to other certification bodies, operator s customers and competent authorities of the importing countries Details about the regulations are in "AA sanctioning and monitoring" and in the sanctions catalogue EC Reg for third countries, which are handed over to operator together with the contract s. The definition of slow growing In Germany the criteria for slow groing strains strains are defined by the competent authorities in federal states 6 Reg. (EC) 889/2008 Areas practicable for organic Art. 13 Paragr. 1&2: beekeeping 7 Reg. (EC) 889/2008 Definition of the period for Art. 23 Paragr. 5 which poultry runs must be empty. 8 Reg. (EC) 889/2008 Shortening or extension of Art. 36 Paragr. conversion period 2&3: Areas are excluded by authorities in federal states Member states decide upon the period for which poultry runs must be empty. with agreement of the respective authority ABCERT defines "slow growing" according to the decisions made by the German authorities: to be considered as a slow growing strain, a strain grows only at a maximum rate of 80 % of the average daily growth rate. Therefore e.g. the chicken growth rate can be a maximum of 44 g / day and for turkeys the growth rate can be a maximum of 76 g for female and 116 g / day for male turkeys. ABCERT will proove, if the areas should be excluded. The review takes place at each individual beekeeping site, and the non-organic use of the pollen collection areas according to the Regulation 1698/2005 in regard to its environmental impact and influence on the organic quality of beekeeping products is evaluated (in particular contamination risks due to the flower spraying). Until further notice the period for empty runs is the same as in Germany (none). This is checked under the conditions of each country, and adjusted if necessary. If regulated land-specific, then the authority is consulted, in other cases the decision is made by ABCERT, individual application is required: criteria for retroactive recognition of the conversion period (Art. 36(2)): On-site inspection of the area in fallow condition (or with perennial vegetation): evaluation of vegetation condition, possible signs of agricultural activities Documentation of the inspection report and photoation Completed application form for retroactive recognition Confirmation that the area has been not cultivated for at least 36 months by a public authority or by an independent expert (e.g. official extension service expert, agricultural coordinator) Evaluation of the plausibility through information about traditional cultivation methods of the respective crop in the region Comparison with non-organically cultivated crops under comparable conditions Evaluation of aquaculture sites is done in the same way (Other sources of contamination: feces, chemical contamination ) Criteria for extension of the conversion period (Art. 36(3)): ABCERT finds out about pre-cultivation measures that negatively affect organic quality of the produce even after conversion period defined the in 01/16 ABCERT production rules and control measures in third countries page 3 / 7

4 9 Reg. (EC) 889/2008 Tethering of animals at small Art. 39: holdings. by authority or by ABCERT if such authorization is granted Reg (EC) Conversion period is extended if the extension is meant to affect the produce Duration of extension of the conversion period is determined based on the available information about the respective substances (e.g. ABCERT takes over the tasks and responsibilities from the respective authorities in the EU (in Germany in federal states). This is only valid if no equivalent regulations become effective in the respective third country. Small holding is defined according to the decision of the German federal states experts for organic farming: operators who have less than 35 cows plus progeny. The authorization is granted if it is not possible to keep cattle in groups appropriate to their behavior requirements, provided they have access to pastures during the grazing period according to the Art. 14 (2), and at least twice a week access to open air areas when grazing is not possible. [Authorizations according to the Art. 95 are not relevant, as there were no transitional authorizations issued in third countries.] 10 Reg. (EC) 889/2008 Parallel production Permission or approval by authority ABCERT does not approve any parallel production in third countries Art. 40 Paragr. 1 a-c und Paragr Reg. (EC) 889/2008 Authorisation of acquisition of Only by authority Art. 42 a: 12 Reg. (EC)) 889/2008 Art. 45 (1)b): poultry less than three days old, Reg (EC) 889/2008 Art. 42 b: Authorisation of acquisition of pullets more than three days old as well as Art. 9 (4): increase of animal acquisition up to 40% Use of non-organic seeds or vegetative propagation materials is regulated in accordance with Reg (EC) 889/2008 Chapter 7 (Art. 48), that member states establish a database where available seeds or seedlings for organic production are listed For all cases it is valid that ABCERT takes over the tasks and responsibilities from the respective authorities in the EU (in Germany in federal states). This is only valid if no equivalent regulations become effective in the respective third country. The availability of organically reared animals will be proved based on our landspecific know-hows (contacts to associations, extension services, public agencies etc.). Conditions: Art. 42 b: organically reared animals are not available, during rearing the feeding and health maintenance are ed according to the EC Regulation. Art. 9 Paragr. 4: authorization is granted in case of a) major extension of animal keeping; b) change of breed; c) initiation of a new livestock specialization; d) if breeds are in danger of being lost to farming as laid down in the Annex IV of the Reg (EC) No 1974/2006 and in that case animals of those breeds must not necessarily be nulliparous. ABCERT proves availability with the help of information sources existing in the country (market, extension services, associations, public agencies considering the import possibility) and forward this information to the applicant; individual application for each permission is required. Operators should prove the non-availability of organic seeds or vegetative 01/16 ABCERT production rules and control measures in third countries page 4 / 7

5 13 Reg. (EC) 889/2008 Measures in catastrophic Art. 47: circumstances e.g. Increased acquisition of non-organic animals (also valid for bees) Increased share of nonorganic feeding stuffs as a result of droughts, outbreak of infectious diseases The feeding of bees with organic honey, organic sugar or organic sugar syrup 14 Reg. (EC) 889/2008 Feeding of bees due to Art. 19 Abs. 3 climatic conditions 15 Plant protection products should be used in accordance with the list and conditions of use mentioned in Reg. (EC) 889/2008 Annex II with regard to regulations in Art. 5 Reg. (EC) 889/2008 see left 16 Reg. (EC) 889/2008 Operations on animals Art. 18: 17 Reg. (EC) 889/2008 Coloring of egg shells Art. 27 (4) 18 Reg. (EC) 889/2008 Authorisation of non-organic Art. 29 food ingredients of agricultural origin not listed in Authorisation only by authority Use of organic sugar syrup Only after legal approval of the plant protection product by authority or by ABCERT if such authorization is granted Determining of approved substances by general availability by German authorities or authorizations issued by member states Authorisation by member state with notifying the authorities propagation materials by handing in a written proof from two qualified producers in their country. In individual cases ABCERT refers operators to other information sources in other countries (neighboring regions, big amounts). ABCERT takes over the tasks and responsibilities from the respective authorities in the EU (in Germany in federal states). This is only valid if no equivalent regulations become effective in the respective third country. The prerequisite for permission in individual case is a written statement of the authority in third country that the catastrophe has taken place. After obtaining the permission from ABCERT affected operators should keep ation about implementation of the issued exception. Here are valid conditions/prerequisites of Art. 47 a-d. Feeding of bees with organic honey/sugar in case of long-lasting exceptional meteorological conditions can be approved if the statements about the exceptional weather conditions or catastrophic circumstances from competent authority are presented and they prove the necessity of feeding. Winter feeding of bees is done according to the Regulation 889/2008 Art. 19. Due to the physiology of bees the feeding with organic sugar syrup is allowed in all regions with cold winters where the continuous nutrition from the natural nectar collection due to the low temperatures is not possible. In case of new beekeeping sites in regions with mild winters decision will be taken after evaluation of each individual case. Plant protection products allowed according to the Reg 889/2008 should be taken from the list in the Annex II of the Reg and be used only according to the conditions of use laid down in the Annex II and Art. 5 Reg 889/2008. The legal regulations of the respective third country should be complied with. Permission issued by ABCERT, individual application is required. Permission is based on detailed evaluation of an individual case. Upon application ABCERT authorises the use of the respective coloring substance and informs the European Commission and member states. ABCERT is no Memberstate, no application possible (see no. 3) 01/16 ABCERT production rules and control measures in third countries page 5 / 7

6 Annex IX 19 Reg. (EC) 889/2008 Conditions for the use of the Art. 58 code number 20 Reg. (EC) 889/2008 Art. 95 (1) Code number assigned to the ABCERT shall be used: DE: DE-ÖKO-006 IT: IT-BIO-013 CZ: CZ-Bio-002 Tethering of cattle in buildings Provisional permissions for tethering of already existing before cattle are issued by competent authority/inspection agency. The 21 Reg. (EC) 889/2008 Extension of exceptions for Art. 95 (2) animal keeping regulation ended on by authority or by ABCERT if the competency is granted The ABCERT code number assigned for the equivalent products in third countries should be used according to the following system: According to the current working of the European Commission the code number of the ABCERT in third countries is: XX-BIO-137. AB should be replaced by the respective two letter acronym of a third country according to the ISO 3166 which the produce comes from, e.g. Ukraine UA- BIO-137 The regulation is not valid anymore and is not applied in third countries. Until now no permissions were issued. No more applications are possible, animal keeping should completely meet the requirements of Reg. 889/ Reg. (EC) 889/2008 Permissions in aquaculture Art. 25 c (1), Art. 25s (3), Art. 38a (2), Art. 95 (11) 23 Reg. (EC) 889/2008 Exchange of information Art 92 and reg. (EC) between different inspection 392/2013: agencies and inspection authorities by authority or by ABCERT if such authorsation is granted Data are exchanged between involved inspection agencies and inspection authorities. In case of discrepancies that concern operators in other member states, the inspection agency informs the authority of its member state, which informs the respective authority in another member state. ABCERT takes over the tasks and responsibilities of respective authorities in the EU (in Germany in federal states). This is only valid if no equivalent regulations become effective in the respective third country. a) Art. 25c (1) Simultaneous production in hatcheries and nurseries (2) Simultaneous production in case of grow-out production: no permissions are issued for third countries. b) Art. 25s (3) Determination of fallowing duration for production sites: fallowing duration is decided in each individual case. The required fallowing duration in conventional aquaculture in respective third country will be considered and prolonged if necessary. c) Art. 38a (2) Retroactive recognition of conversion period: retroactive recognition occur according to the regulations defined for plant production (see above) d) Art.95 (11) Transitional regulation about recognition of nationally accepted organic rules until is not applied in third countries. ABCERT gets the approval to exchange information with other inspection agencies and/or respective authorities by signing the inspection contract. Reg 889/2008, Article 92 is applied. Furthermore, according to the subsection (2) not only member states of EU are meant, but also the authorities in home state as well as possible subcontractors in third countries. If a discrepancy or a violation are detected in the enterprise, in case of import of products to the EU ABCERT AG will inform directly the competent authority of the respective member state and the European Commission as well. If only the operators in third country are affected, ABCERT AG will inform only the competent inspection agency of the respective operator. Where the operator withdraws from the control system, ABCERT publishes this information on there website in the list of the operators in third countries. Where ABCERT finds irregularities or infringements affecting the organic status of products, ABCERT informs the European Commission in accordance 01/16 ABCERT production rules and control measures in third countries page 6 / 7

7 with Article 27 of Regulation (EC) No 834/2007 without delay European Commission may require, on its own initiative, also any other information on irregularities or infringements. In case of irregularities or infringements found with regard to products under the control of other control authorities or controlbodies, ABCERT also informs those authorities or bodies without delay. 01/16 ABCERT production rules and control measures in third countries page 7 / 7