Date: 2023-12-07Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Decision (EU) 2023/2719 of 6 December 2023 on the confirmation of equivalence recognition with regard to organic products provided for in Annex 14 to the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part
Issued by European Commission
· Directorate-General for Agriculture and Rural Development
Executive Summary:
This Commission Decision confirms the equivalence recognition of the United Kingdom's laws and regulations on organic products with those of the European Union, as provided for in Annex 14 to the Trade and Cooperation Agreement. This decision follows reassessment by the Commission, as required by Article 33 of Annex 14, and discussions within the Trade Specialised Committee on Technical Barriers to Trade. The decision was made on December 6, 2023, and becomes effective three days after its publication in the Official Journal of the European Union.
Key Points / Main Content:
* **Equivalence Confirmation:**
* The EU confirms that the UK's laws and regulations on organic products listed in Appendix 14C to Annex 14 of the Trade and Cooperation Agreement are equivalent to Regulation (EU) 2018/848.
* This equivalence applies to products listed in Appendix 14A to Annex 14 of the Trade and Cooperation Agreement.
* The UK laws and regulations listed in Appendix 14C replaced those listed in Appendix 14D.
* **Notification:**
* The United Kingdom will be notified of the Union's position through the Trade Specialised Committee on Technical Barriers to Trade.
* **Entry into Force:**
* This Decision will enter into force on the third day following its publication in the Official Journal of the European Union.
Impact Analysis:
* European Commission:
* Impact: The Commission has completed its reassessment and has confirmed the equivalence, ensuring continued trade relations regarding organic products with the UK.
* Action Required: Notify the UK of the decision through the Trade Specialised Committee on Technical Barriers to Trade.
* United Kingdom:
* Impact: The UK retains its equivalence recognition for organic products, facilitating trade with the EU under the Trade and Cooperation Agreement.
* Action Required: Await formal notification of the decision through the Trade Specialised Committee on Technical Barriers to Trade.
* Traders of Organic Products (EU and UK):
* Impact: Continued recognition of equivalence ensures uninterrupted trade of organic products between the EU and the UK.
* Action Required: Ensure continued compliance with the respective regulations (Regulation (EU) 2018/848 in the EU and equivalent UK regulations) to maintain trade benefits.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
European Atomic Energy Community: An international organisation established by the Treaty of Rome in 1957 with the purpose of creating a specialist market for nuclear power in Europe.
United Kingdom of Great Britain and Northern Ireland: A sovereign country in north-western Europe, commonly known as the United Kingdom or UK.
Trade and Cooperation Agreement: An agreement between the European Union and the United Kingdom that establishes free trade and cooperation after the UK's withdrawal from the EU.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union, detailing the organization and operation of the EU.
Council Decision EU 2021/689: Council Decision on the conclusion, on behalf of the Union, of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part.
Regulation EU 2018/848: Regulation of the European Parliament and of the Council on organic production and labelling of organic products.
Ursula VON DER LEYEN: The President of the European Commission.
Official Journal EN
of the European Union L series
2023/2719 7.12.2023
COMMISSION DECISION (EU) 2023/2719
of 6 December 2023
on the confirmation of equivalence recognition with regard to organic products provided for in
Annex 14 to the Trade and Cooperation Agreement between the European Union and the European
Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern
Ireland, of the other part
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Decision (EU) 2021/689 of 29 April 2021on the conclusion, on behalf of the Union, of the Trade
and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part,
and the United Kingdom of Great Britain and Northern Ireland, of the other part, and of the Agreement between the
European Union and the United Kingdom of Great Britain and Northern Ireland concerning security procedures for
exchanging and protecting classified information(1), and in particular Article 5(1), point (a), thereof,
Whereas:
(1) Article 3(1) and (2) of Annex 14 to the Trade and Cooperation Agreement between the European Union and the
European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern
Ireland, of the other part(2) (the ‘Trade and Cooperation Agreement’) provide for the reciprocal recognition of
equivalence of the European Union’s and the United Kingdom’s laws and regulation with respect to the organic
products listed in Appendices 14-A and 14-B to Annex 14.
(2) Article 3(3) of Annex 14 to the Trade and Cooperation Agreement provides that, in view of the date of application of
1 January 2022of Regulation (EU) 2018/848 of the European Parliament and of the Council(3), the recognition of
equivalence referred to in paragraphs 1 and 2 of that Article shall be reassessed by 31 December 2023.
(3) In Article 5(1), point (a), of Decision (EU) 2021/689, the Council has authorised the Commission to take, on behalf
of the Union, the decision to confirm or suspend the recognition of equivalence following the reassessment of
equivalence to be carried out by 31 December 2023in accordance with Article 3(3) of Annex 14 to the Trade and
Cooperation Agreement.
(4) The Parties to the Trade and Cooperation Agreement discussed the matter at the second and third meeting of the
Trade Specialised Committee on Technical Barriers to Trade on 24 October 2022 and on 18 October 2023.
Technical discussions among the parties were carried out throughout 2023 and concluded on 28 September 2023.
(5) The Commission has carried out the assessment of the United Kingdom’s laws and regulations on organic products
as provided for in Article 3(3) of Annex 14 to the Trade and Cooperation Agreement. Following this assessment
and the discussions held at the Trade Specialised Committee on Technical Barriers to Trade, the Commission has
concluded that the United Kingdom’s laws and regulations on organic products are equivalent to Regulation
(EU) 2018/848 and the delegated and implementing acts adopted pursuant to it.
(6) The Council and the European Parliament have been informed of the results of the Commission’s assessment,
(1) OJ L 149, 30.4.2021, p. 2, ELI: http://data.europa.eu/eli/dec/2021/689/oj.
(2) OJ L 149, 30.4.2021, p. 10, ELI: http://data.europa.eu/eli/agree_internation/2021/689(1)/oj.
(3) Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of
organic products and repealing Council Regulation (EC) No 834/2007 (OJ L 150, 14.6.2018, p. 1, ELI: http://data.europa.eu/eli/reg/
2018/848/oj).
ELI: http://data.europa.eu/eli/dec/2023/2719/oj 1/2EN
OJ L, 7.12.2023
HAS ADOPTED THIS DECISION:
Article 1
The Union confirms that, with respect to the products listed in Appendix 14-A to Annex 14 to the Trade and Cooperation
Agreement, the laws and regulations of the United Kingdom listed in Appendix 14-C to that Annex are equivalent to
Regulation (EU) 2018/848 and the delegated and implementing acts adopted pursuant to it, which replaced the laws and
regulations listed in Appendix 14-D to that Annex.
Article 2
The United Kingdom shall be notified of the position of the Union referred to in Article 1 in the Trade Specialised
Committee on Technical Barriers to Trade.
Article 3
This Decision shall enter into force on the third day following that of its publication in the Official Journal of the European
Union.
Done at Brussels, 6 December 2023.
For the Commission
The President
Ursula VON DER LEYEN
2/2 ELI: http://data.europa.eu/eli/dec/2023/2719/oj