Checks on imports of organic products, MiPAAF corrects aim

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The MiPAAF decree 18.2.21 on controls on imports of organic products from non-European countries-after diplomatic incidents and repeated allegations of violation of EU rules (1)-has finally been corrected.

The Head of the Department of Competitive Policies, Agribusiness Quality, Equestrian and Fisheries Francesco Saverio Abate digitally signed the DM 13.5.21 that repeals and replaces the previous one (2,3).

Considering it appropriate’ – indeed, proper – ‘to take uniform behavior to other European states on risk analysis on imports of organic products,’ the new decree to follow. #CleanSpades.

DM 13.5.21, official controls on imports of organic products from third countries

Objectives. DM 13.5.21 ‘contains rules on the import of organic products from third countries, implementing Reg. EC no. 834/2007, 889/2008, 1235/2008‘ (Article 1).

Importers. Only operators registered in the ‘importers’ category of the National List of Organic Operators (according to DM 1.2.12 No. 2049, Article 7) are allowed to import organic products from Third Countries (Article 2).

First recipient-under reg. EC 889/08, art. 2. d – is ‘any natural or legal person registered in the ‘importers’ or ‘preparers’ category under Article 7‘ of DM 1.2.12 no. 2049.

TRACES, advance notification of incoming loads

‘Importers, first consignees and Control Bodies, for their own management of the Certificate of Inspection (COI), use the integrated veterinary information system
TRACES
– TradeControl and Expert System, established by Decision No. 2003/24/EC of the Commission, after validation of the utilities by MiPAAF’
(DM 13.5.21, art. 4).

PriorNotifications of Arrival of Goods’ must be submitted by importers ‘within seven days prior to the arrival of each consignment at the customs point of entry‘ through the Biological Information System (SIB). Any changes must be submitted within 24 hours prior to the scheduled arrival date. The importer, when requested by the competent authorities or its Control Body (CB), must provide any supplements to the said communications (Article 5).

Controls of organic importers

The CBs verify the completeness and correctness of prior notification and documents held by the importer ‘inorder to verify their correspondence with imported consignments, as well as their traceability‘. They also ensure, ‘for each controlled importer, a frequency of checks based on a specific assessment of the risk of non-compliance with organic production standards taking into account

– Of the quantities of imported products,

– Of the results of previous audits,

– Of the risk of product exchange, as well as

Of any other information related to the suspected non-conformity of the imported organic product‘ (…)

Controls, where appropriate unannounced, must ensure compliance with the provisions of Reg. EC 889/2008 (Article 83) ‘with regard tomodes of transport‘ (DM 13.5.21, Art. 4).

Reports of non-compliance

The Inspection Body-if it detects nonconformities during inspections carried out at entry points (e.g., pesticide residues, herbicides and fungicides not allowed in organic farming, GMOs, ethylene dioxide)-must promptly report any irregularities found to MiPAAF.

Reports should be made using the form in Annex II of DM 14458/2011, also informing the relevant Customs Office. (DM 13.5.21, art. 6) In order for the cases to be notified to the European Commission and relevant third states, under theOrganic Farming Information System (OFIS). (4)

Assessment of individual biological importers, the ‘risk factors’

The ‘risk factors’ identified in Annex I of Ministerial Decree 13.5.21-for the purpose of assessing individual importers-are four. Of which only the former, as has already been objected to by several parties, has any real relevance in relation to the goal of ensuring the reliability of importers:

(a) Measures of irregularities and/or infractions issued in the past five years,

(b) 5 or more imports performed in the previous year,

(c) size of the single batch imported in the previous year (≥ 1 t),

(d) importer who does not deal exclusively with organic products.

Attribution of ‘risk levels’ to individual importers

The occurrence of one or more of the above ‘risk factors’ results in the assignment of a ‘risk level’ to each individual importer, which is followed by a minimum frequency of controls to be carried out against it:

– no ‘risk factor’ = low risk, an annual checkup,

– ‘one risk factor’ other than risk factor ‘a’ (irregularities and/or infractions in the 5 years) = medium risk, two checks per year. (5)

The high-risk importer, on the other hand, is the one with previous irregularities and/or infractions in the past 5 years, i.e., with ‘more than one risk factor among those listed in the table above.’ And it is subject to a minimum of three inspections per year (DM 13.5.21, Annex 1).

Mandatory sampling and analysis on imported organic lots from third countries

Mandatory sampling and analysis are carried out – ‘also [i.e. not necessarily, ed.] at the points of entry, before the consignment is released for free circulation‘ (DM 13.5.21, Art. 6). For the detection of GMO residues as well as products and substances not allowed in organic production on:

(1) ‘all consignments of organic products from third countries and belonging to the categories indicated annually in the European Commission’s guidelines on additional controls for imported organic products‘, (6)

2) ‘at least one batch of product imported during the year‘ by ‘each active importer‘ (DM 13.5.21, Annex 2).

#CleanSpades

The requirement to subject all consignments of organic products to onerous customs checks and analysis has finally come to an end:

– incoming from some countries (Argentina, Brazil, Ecuador, Egypt, India, Peru, Serbia, Tunisia, Turkey), with some of which the EU has signed international agreements on mutual recognition of equivalence of production method and control system, as well as

– ‘fruit juices and purees, oilseeds, cereals, coffee’ and

any goods imported through countries other than the country of origin‘ (e.g. each shipment of cocoa supplied via Switzerland and each shipment of tea supplied via Britain, historic global hubs for the aforementioned commodities).

Three months of abuse-unjustified blanket checks incompatible with EU law, imposed by the MiPAAF at the whim of Coldiretti (2)-have, however, cost blameless importers established in Italy very dearly. As well as to the entire fair trade sector, given that a large proportion of imports from South America come from solidarity partnership circuits. And it is their right to claim compensation for all damages unjustly suffered for an act that can be characterized as abuse of office.

Looking forward to a complete ridding of MiPAAF of officials and managers of all ranks who respond to the private interests of power groups contrary to existing EU rules and the public good. As well as the intervention of the Public Prosecutor’s Office at the Court of Rome. (7) #CleanSpades.

Dario Dongo

Notes

(1) Dario Dongo. Import of organic products from third countries, DM 24.2.21 and EU rules. GIFT(Great Italian Food Trade). 25.3.21, https://www.greatitalianfoodtrade.it/mercati/importazione-prodotti-biologici-da-paesi-terzi-dm-24-2-21-e-regole-ue

(2) Dario Dongo. Organic imports, partial reversal at MiPAAF. #CleanSpades. GIFT (Great Italian Food Trade). 5/15/21, https://www.greatitalianfoodtrade.it/mercati/importazioni-bio-parziale-retromarcia-al-mipaaf-vanghepulite

(3) DM 13.5.21 is effective from the day after its publication in the Official Gazette and until 31.12.21, ‘unless otherwise determined by the competent authority‘ (Article 7)

(4) TheOrganic Farming Information System(OFIS) was introduced by reg. EC 889/2008 (Article 92). V. The control system for organic farming. European Commission, https://ec.europa.eu/info/food-farming-fisheries/farming/organic-farming/controls_it

(5) In contrast, DM 18.2.21 classified even the most reliable importers as ‘high risk’ due to the recurrence of only two of the (and bogus) ‘risk factors’ in letters ‘b’, ‘c’, ‘d’ of the relevant table

(6) Samples taken from importers in accordance with Annex 2 (1) of this Decree are not included in the calculation of the minimum percentages of samples to be analyzed each year by the Control Bodies pursuant to Article 65.1 of EC Regulation 889/2008

(7) Manifest violations of European rules have already provoked formal protests from discriminated countries (through diplomatic channels) and testy reactions from Brussels. Most importantly, they have caused unfair harm to Italian importers who until before the anguish introduced by DM 18.2.21 expressed 35 percent of the import of organic products into Italy

Dario Dongo
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Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.