CERTISYS Organic farming Certiﬁ cation System

Taking up organic farmingCertifi cation process fl owCertifi cation procedureQuality systemAdvisory Committee

PRACTICAL GUIDE

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CERTISYSOrganic farmingCertifi cation System

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CERTISYSOrganic farming

Certification System

PRACTICAL GUIDE

Table of contents1. Taking up organic farming................................................................................................................32. Definitions........................................................................................................................................43. Certification process flow.................................................................................................................54. Certification procedure ....................................................................................................................6

4.1 Recognitions (new applications)...........................................................................................................64.2 Renewals.............................................................................................................................................. 64.3 Extensions............................................................................................................................................ 7

5. Quality system.................................................................................................................................86. Advisory Committee.........................................................................................................................97. Certification: Reliability and meticulousness.................................................................................108. Appeal procedure...........................................................................................................................13

page 2 CERTISYS Certification System 12/06/16

1. Taking up organic farmingIn Europe, organic farming is governed by European regulations: Regulations (EU) no. 834/2007 and 889/2008 on organic farming and the labelling of organic products.

The European regulations are supplemented at national level by regional regulations:

In Flanders governed by the ‘Besluit van de Vlaamse Regering 12 december 2008’ (BVR)

In Wallonia governed by the ’Arrêté du Gouvernement Wallon du 11 février 2010’ (AGW) and the ’Arrêté Ministériel Wallon du 26 juin 2012’ on the approbation of catering specifications.

In Brussels governed by the ’Arrêté du Gouvernement de Bruxelles Capitale du 3 décembre 2009’ (AGB) and the ’Arrêté Ministériel bruxellois du 5 juin 2013’ on the approbation of catering specifications.

In the G-D of Luxembourg

governed by the ’Arrêté Grand-ducal du 13 septembre 2000’

Under these regulations, all operators (producers, processors, importers, points of sale, distributors) who assert claims in respect of organic farming methods and organically farmed products are required to:

1. Notify their activities whilst undertaking to observe applicable regulationsIn Belgium, CERTISYS is tasked with receiving the notification of activities documents (including, for the producers, a statement specifying the land parcels used for the purpose of organic farming).In the Grand Duchy of Luxembourg, the notifications must be sent to the administration.

2. Acquire a due understanding of the rules of organic productionIn order to be compliant with the ORGANIC regulations, the various parties listed above:

• must be in possession of technical specifications;• must enquire with organic farming bodies: trade associations, organic farming consultants,

trial farms and testing stations,...• consult the relevant technical documents.

1. Have their activities inspectedCERTISYS has been officially approved in the 3 Regions that make up Belgium and in the Grand Duchy of Luxembourg to perform inspections and to deliver the organic farming certificates. In order to carry out its monitoring assignment, CERTISYS has put in place a contract which sets out the obligations of the two parties.

CERTISYS toolsCERTISYS has devised various tools to give operators better access to the relevant information: the www.certisys.eu website, which contains links to the various regulations and technical specification document, as well as the practical guides aimed at farmers, processors, distributors, importers, manufacturers, retailers, etc. These guides are available to our operators by simple request.

12/06/16 CERTISYS Certification System page 3

http://www.certisys.eu/

2. Definitions

1. «Operator»: Natural or legal person that produces, prepares, stores, packs or imports organic farming products from countries outside of the European Union with a view to marketing and selling the said products, or that markets and sells these products..

2. «Certification» (within the context of organic production): The range of actions undertaken by CERTISYS aimed at demonstrating that (a) product(s), as well as the associated production techniques comply with the applicable regulations on organic farming specific to this/these product(s).

Please note: The inspections performed by CERTISYS are to verify the operator’s undertaking to observe the rules of organic farming. Subsequent to this inspection, and provided the statutory requirements have been duly met, the operator is issued with the relevant certification documents so as to formalise the compliance of his products and farming methods with organic production methods. The inspection report only takes the observations made at the time of the audit into consideration, and does not in any way preclude supplementary remarks being put forward as part of subsequent audits conducted in due course. In the event non-conformities are found to exist, the operators in question may be sent an improvement request by CERTIFYS or even face sanctions, which in some cases go as far as denying them the right to label the products affected as ‘organic’.

3. «Certificate»(within the context of organic production): Document delivered in compliance with therules of a certification system. The certificate specifically bears on products or product groups.It specifies the products that are compliant with the organic production methods according to different categories:

• derived from organic farming;• derived from farms in the process of converting to organic farming;• processed products: > 95 % of ingredients derived from organic farming (a tolerance of 5%

non-organic ingredients specified in a limited list – appendix IX of Regulation 889/2008);• processed products: < 95% of ingredients derived from organic farming (only a reference to

organic farming in the list of ingredients);• main product of hunting of fishing, with other ingredients derived from organic farming.

The certificate authorises the producer to have his product labels state the fact that the products concerned are compliant with organic production methods according to these different categories. The certificate is delivered after the inspection and certification and is valid for fifteen months counting from the date on which the inspection took place

4. « Complaints »: There are two types of complaints:• Complaints from third parties addressed to operators: All complaints informing operators

who there is a problem with the conformity of (one of) their products with the requirements of the technical specifications. These complaints are to be recorded in a register that must be made available to CERTISYS as well as the appropriate measures put in place in response to such complaints.

• Complaints addressed to CERTISYS: All written complaints or disputes from audited operators or other parties in respect of the way certification issues are dealt with or other questions in connection therewith. The complaints may relate to a certification document, another audited operator, a CERTISYS staff member, etc. All of these complaints are recorded by the Quality manager in a register, along with the measures implemented in response to these complaints.


3. Certification process flowMinistry of Economic Affairs Belgium (BE-BIO-01)

EISO17065 and ISO 17020 accreditation by Belac-093 as a certification body for vegetable and animal organic products (PROD) and as an inspection body (INSP).

Licensed as an inspection body (Belgian Official Gazette du 19/09/92)Ministry of the Brussels-Capitol RegionArrêté du Gouvernement de Bruxelles-Capitale du 3/12/2009Ministry of the Walloon RegionArrêté du Gouvernement Wallon du 11/02/2010Ministry of the Flemish CommunityBesluit van de Vlaamse Regering van 12/12/2008

US Department of Agriculture G-D Luxembourg (LU-BIO-06)

Accreditation for the National Organic Program (NOP)

Ministry of AgricultureLicensed as an inspection bodyArrêté Ministériel du 13/09/2000

Third countries (xxx-BIO-128)

European CommissionRecognised for certain countries outside of the EURegulation (EU) no. 1235/2008 - appendix 4


4. Certification procedure

All operators have access to the services of the certification body.The CERTISYS service fees are billed in accordance with set rates, which are available to be consulted online, and are communicated to the operator. The procedures are implemented on an undiscriminating basis in compliance with Council Regulation (EC) no. 834/2007.Outside persons or organisations have no influence over the outcome of the inspections performed.

4.1 Recognitions (new applications)All operators who wish to submit to the procedure with a view to obtaining official certification for their organic farming products are to:

➢ complete the ‘notification of activities referring to organic production methods’ document whereby they undertake to observe the relevant regulations and to have themselves formally registered as operators.

➢ sign a ‘service agreement’ with CERTISYS in order to go through the inspection and certification process.

There are 6 operator categories. It is important that operators notify us of their activities in the applicable category:1. As a farmer: for operators who wish to notify the various farming activities they are involved in

(mixed farming, livestock farming, market gardening, arboriculture (+ Christmas trees), green manure, set-aside land, mushrooms and nature reserves).

2. As a processor: for operators who purchase raw materials and process them before selling them as ORGANIC products. This category includes the slaughterhouses.- As a packer for operators who purchase products, change the packaging and market and sell the products as organic.- As a labeller: for operators who use labels carrying their name on products that are already packed and do not show the manufacturer’s name.- As a bulk purchaser: for operators who take in products in bulk and/or in unsealed packaging and sell the said products in the same packaging (milk, flour, etc.).

3. As a retailer: for operators who only sell products to end consumers and that neither produce, process, import or distribute ORGANIC farming products.BULK: for operators who market and sell bulk products in unsealed packaging or non-prepacked bulk products in the same packaging (fruit and vegetables, cheeses, fine meats and sliced pizza, cereals in bags, bread, dry fruit).


1. Recognition 2. Renewal 3. Extension

Undertaking

Inspection

Certification(certification documents)

- Award- Withdrawal- Sanction

Monitoring

http://www.certisys.eu/index.php?nomenu=12&lg=fr



4. As a distributor: for operators who purchase and resell products without modifying either the packing or the labelling of the products, and who operate as traders, distributors and/or as wholesalers. These businesses do not sell to end consumers or end users.

5. As an importer: for operators who import products from countries outside of the EU (in the context of Council Regulation (EU) no. 834/2007)

6. As a catering business: for operators who prepare organic products in restaurants, hospitals, canteens and other companies of a similar nature in the food industry at the points of sale or supply to end consumers=> As a multiple activity business: for operators who combine several activities of a different nature (e.g. packer + labeller).

4.2 RenewalsThe contract is valid for the current calendar year and is tacitly renewed for the years that follow. Each year, the producers are to send in a duly completed and signed ORGANIC statement to update their notification of the land parcels used and communicate their crop schedule. This statement is indispensable to enable CERTISYS to keep the products specified in the certificate up to date.

4.3 ExtensionsExtensions are understood to refer to:

1. For producersAll unit changes: land parcels, types of livestock, storage facilities and production and/or harvesting sites, processing and/or packaging facilities.

In the event of increases or reductions in surface area.

It is imperative that CERTISYS is notified in writing of all changes relating to parcels as soon as possible, using the notification of land parcels form. Telephone calls regarding such matters do not count as official notifications. CERTISYS requires operators to be particularly mindful of the consistency between the surface areas as declared to CERTISYS and those declared to the Ministry of Agriculture (these statements must be exact matches).

2. For processors/distributorsAll unit changes: installations used for the processing, packaging and storage of the agricultural products before and after the operations and all new products (when reporting new processes, new recipes, new workshops or new procedures).All new labelling (documents, labels or packaging) specifying the reference to organic production methods and/or the inspection body, need to comply with the labelling rules and may require the inspection body’s approval.

3. For importersAll new imports. All changes to the business premises of the importer and his import activities and any other installations used by the importer for the storage of the imported products.

4. For retailersThe update of the list of the non-prepacked products sold. All unit changes: installations used for storage, sales rooms, etc. All new preparation, packaging, food service activities.

For all extensions, CERTISYS must be notified so as to enable the organisation to perform the relevant inspections and to certify the products concerned.




5. Quality system

CERTISYS is recognised by the Ministry of Economic Affairs (BELAC) based on the following standards:

• ISO 17065 for certification bodies;

• ISO 17020 for inspection bodies.

Our accreditation applies for the European Regulation on Organic farming in Belgium and the Grand Duchy of Luxembourg, as well as for inspections in certain countries outside of the EU.

Which means CERTISYS itself is supervised and audited to ensure the proper implementation of these standards.

As a business, CERTISYS has set itself the task of working as a recognised body at international level by developing a quality assurance and certification system aimed at nurturing and maintaining a climate of trust with the various actors involved, from industry professionals to consumers.To achieve these aims, we have set up a Quality system which requires Certisys to be:

• Reliable, primarily by observing the provisions of the ISO standards;• Competent and impartial in the processing of the cases, for which we adhere to procedures that

are in place, describing each step of the inspection and certification process. The remit of our Advisory Committee, in amongst other things, is to supervise the proper running of Certisys as an organisation;

• To adopt techniques that are adapted to the various needs;• To consistently pursue new ways to improve our operations, perfect our skills, be involved in the

changes seen around the sector and to gain a solid understanding of new situations;• To assign the resources required (with specific reference to the selection of qualified and capable

staff in sufficient numbers) whilst operating as efficiently and cost-effectively as possible by responsibly keeping inspection and certification costs under control.


6. Advisory CommitteeIn order to ensure the impartial and unbiased nature of the certification records delivered, the Chief Executive Officer assigned by the Management Committee has put in place an Advisory Committee. The members are chosen from among the parties that represent the various vested interested in the certification process, without any particular interests outweighing other interests and enabling all parties to meaningfully contribute towards working up policies and principles in respect of the substance and the operation of the certification system.The Advisory Committee was set up to prevent any inclinations on the part of CERTISYS to allow commercial or other practices to come in that could compromise the objectivity of the inspections and the certification.The Committee’s remit is to accompany the operation of the inspection and certification system. The certification body requests the Advisory Committee to deliver opinions in the areas of:

• the nature and substance of the certification system → Quality Manual;• the assessment requirements and methods that underlie the certification system

→ Inspectors’ Manual;• the frequency with which the inspections and/or assessments are to be repeated to ensure that the

requirements held out are duly satisfied → Inspection Planning;• The requirements governing the use and the service of the certificate and/or the certification mark,

the logo or designation.The Advisory Committee is not in any way involved in the assessments or the certification decisions.The rules governing its constitution, operation and resources are such that it is required to act wholly independently from:

• the assembly of CERTISYS associates (Management Committee);• the operators;• specific sector players.

Constitution of the Advisory Committee Members with decision-making powers

Committee Chairman independent from the commercial organisation

Vice ChairmanRepresentative from the organic farming umbrella organisation

Representatives from the beneficiaries

Representatives from the users

among whom are representatives from the producers

among whom are representatives from the sector consumer organisations

among whom are representatives from the processors

among whom is a representative from a non-sector consumer organisation

among whom are representatives from the distribution sector

among whom are representative from the retailers

Observer memberStaff members of the Competent Authorities

(no voting rights)

Ex-officio memberThe CERTISYS staff (no voting rights)


7. Certification: Reliability and meticulousness

The organic sector, in association with CERTISYS, has worked up a list of sanctions which was adopted by the Competent Authorities and which was harmonised for all audited operators that operate in observance of organic production methods.The list comprises a total of nine sanctions, ranging from a simple remark to total suspension (see next page).These stepped sanctions are adapted to suit all non-conformity situations and enable:• matters to be specified in the way the situations encountered are described,• the certification manager to impose the most appropriate sanction, in consideration of the opinion of

the certification team.The list of sanctions distinguishes between various non-conformity situations:• with implications for the use of the product’s ‘organic farming’ designation: if this permission is

taken away, the product is no longer considered as an organic farming product, which means the product is downgraded;

• with no direct implications for the product’s organic status but requiring corrective measures within a set time span.

The sanctions are imposed on a gradual basis in response to successive findings of non-conformities. Each finding attracts the matching sanction in consideration of the operator’s previous record of non-compliance.Provided the first finding of a non-conformity is redressed by the operator within the time span set by CERTISYS, and no similar non-conformities are found within 24 months after the first finding, this finding is no longer taken into account as a ‘repeat offence’ for the application of staggered sanctions.

Examples:


List of sanctionsRemark:

SR Simple remarkThe simple remark is used for irregularities or minor shortcomings.

Improvement request:

IR Improvement request:The improvement request details the nature of the irregularity encountered, along with the improvement that is expected and the time span in which this improvement must be put in place.Improvement request with a written undertakingSame scope of application as the improvement request, albeit accompanied by a written undertaking signed by the operator.

Caution:

C The caution is accompanied by the specification of the sanction that will be imposed if the operator fails to heed the caution and neglects to remedy the shortcoming found. All improvement requests that fail to be acted upon within the time span specified in the improvement request result in a caution being issued.

Tightened inspection:

TI Tightened inspections are systematically implemented in all situations where a caution has had to be imposed. This sanction is accompanied by a bill for a flat rate sum to be paid by the operator.

Suspensions:

PS

TS

Product suspension:The operator is prohibited from selling a given type of product carrying indications that refer to organic production methods for a set period of time.

Total suspension:The operator is prohibited from selling all products carrying indications that refer to organic production methods for a set period of time.

Downgrades:

Downgrades are conservatory and preventive measures intended to protect the sector, even if this means a loss for the operator which may be perceived as a sanction.

PD

LD

Parcel downgrade:Downgrading of the status of a parcel which means this plot of land can no longer be used to farm ‘organic’ crops for a certain period of time.

Lot downgrade:Definitive loss of ‘organic’ status for a specific lot of products.


In application of article 30.1 §2 of Council Regulation (EU) no. 834/2007, the decision to suspend the certification may be imposed at any time when a blatant breach is established. ‘Where a severe infringement or an infringement with prolonged effect is found, the control authority or controlbody shall prohibit the operator concerned from marketing products which refer to the organic productionmethod in the labelling and advertising for a period to be agreed with the competent authority of the MemberState.’

The examples provided do not remove CERTISYS’s right to put in place all and any sanctions it deems expedient in consideration of the practices encountered.

When an operator switches to a different inspection body, the new inspection body will consider the sanctions implemented by the former inspection body based on the information exchanged between the two bodies.

The aim of the implementation of the list of sanctions and the list of non-conformities is to help the operators move forward in a positive sense towards the appropriate application of the rules for ORGANIC production, even if sanctions are sometimes necessary to ensure non-compliant products are withdrawn from the market.

Downgrade or suspension

• If an irregularity is found to exist with regard to the compliance with the technical specifications, all references to organic production methods shall be removed from the entire lot or the entire production run affected by the irregularity. In case of doubt, temporary conservatory measures may be put in place at the impetus of the inspector who established the irregularity.

• If a severe infringement or an infringement with prolonged effect is found to exist, the operator concerned shall be prohibited from marketing products carrying indications which refer to organic production methods for a time period to be agreed with the Competent Authority. (Sanctions imposed by the Inspection body with regard to the duration of the suspension, with the agreement from the relevant Public Services/Ministries.)


8. Appeal procedure

Upon receipt of a letter of certification notifying the operator of the decision in respect of a prospective certification, the operator is free to instigate an appeal. Only the operator (natural or legal person) can file the petition for appeal. This appeal may relate to any certification decisions by CERTISYS.

In order to be admissible, the petition must be sent to CERTISYS (Quality Department):• by letter sent by recorded delivery;• within 30 days (Brussels and Wallonia) or 14 days (Flanders): dispatch date of the letter;• duly motivated: setting out new elements which CERTISYS had not been previously apprised of.

If the appeal is found to be admissible, it will be examined with a view to mediation: a committee at CERTISYS will meet and examine the appeal based on the fresh elements put forward by the operator.

The committee is made up of one or several representatives of the Quality, Certification and Inspection Departments. The person(s) who were involved in the inspection that led to the sanction(s) disputed by the operator are not allowed to be involved in the mediation process.

At his request, the operator may be heard by CERTISYS. In certain cases, CERTISYS will need to seek the permission from the responsible Authority to change the sanction. If the mediation results in a change of the sanction, CERTISYS will amend the certification documents and provide the operator therewith. The outcome of the mediation is communicated to the operator within 15 days.

At the end of this process, the operator is free to instigate administrative appeal with the Competent Authorities. To this end, the operator is to put forward his representations by letter sent by recorded delivery to the competent Ministry within 30 days from the date on which CERTISYS dispatched its letter to the operator.


Procedure flow chart:


InspectionIrregularity (non-conformity) is found

CertificationDécision de sanction adaptée à la non-conformité

CertificationDecision to impose a sanction adapted to the non-conformity

Letter sent to operator

End

No contestat Contested

Mediation

The operator can seek recourse with the Ministry(within 30 days max.)

The operator is advised of the decision

Appeal application to be filed- within 30/14 days- by letter sent by recorded delivery- setting out new elements

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CERTISYS Rue Joseph Bouché, 57/3 - B 5310 Bolinne

Tel. 081/600.377 - Fax 081/[email protected] - www.certisys.eu©CERTISYS – All rights reserved.

Document PU4405en10 Publisher: Blaise Hommelen – Certisys Director


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CERTISYS Organic farming Certiﬁ cation System