EAER Ordinance on Organic Farming
Originally Section 2a. Inserted by No I of the EAER O of 25 Nov. 2002, in force since 1 Jan. 2003 (AS 2002 4292).
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 16abis Administration of access rights to TRACES
1 The FOAG shall inform the competent authority of the European Commission of those persons to whom it has issued access rights to TRACES and shall co-ordinate with this authority co-operation and contacts in respect of TRACES. 2 It shall update access rights when changes occur.
Art. 16abis — Originally Art. 16a. Amended by No I of the EAER O of 18 Oct. 2017, in force since 1 Jan. 2018 (AS 2017 6349).
Art. 16b Issuing of the certificate of inspection
1 Before the consignment is dispatched from the third exporting country or country of origin, the certificate of inspection shall be issued by: the authority or certification body of the producer or processor; where the last preparation stage is not carried out by the producer or processor themselves but by another operator: the authority or certification body of this operator. 2 The authority or certification body shall be: a. for imports under Article 23 of the Organic Farming Ordinance: the authority or certification body of the country listed in Annex 4 in which the products originate or in which the last preparation stage was carried out; b. for imports under Article 23a of the Organic Farming Ordinance: the authority or certification body of the exporter in the country of origin or in the country in which the last preparation stage was carried out. 3 Before issuing the certificate of inspection, the authority or certification body shall: have checked all inspection documents and
Art. 16b — Amended by No I of the EAER O of 18 Oct. 2017, in force since 1 Jan. 2018 (AS 2017 6349). Para. 1 — Amended by No I of the EAER O of 11 Nov. 2020, in force since 1. Jan. 2021 (AS 2020 5461). Para. 4 — 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, OJ. L 189 of 20.7.2007, p. 1; last amended by Regulation (EU) No 517/2013, OJ. L 158 of 10.6.2013, p. 1. Para. 4 — Amended by No I of the
Art. 16c Requirements for the certificate of inspection
1 The certificate of inspection must be drawn up in accordance with the provisions in accordance with Annex 9 Section A or with the model in Annex V of Commission Regulation (EC) No 1235/2008. It shall be drawn up in German, French, Italian or English. 2 Subsequent alterations must be certified by the issuing authority or certification body. 3 The certificate of inspection shall be made in one single original. The first consignee or the importer may make a copy for the purpose of informing the certification body. Each copy shall carry the indication «COPY» or «DUPLICATE» printed on it. 4 The following shall be considered to be the original of the certificate of inspection: the printed copy signed by hand of the certificate completed in TRACES; or b. a certificate of inspection which bears: 1. an advanced electronic signature in accordance with Article 2 letter b of the Federal Act of 18 March 2016 on Electronic Signature, or 2. a qualified electronic seal in accordance with Article 3 n
Para. 1 — Commission Regulation (EC) No 1235/2008 of 8 December 20081 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries, OJ. L 334 of 12.12.2008, p. 25; last amended by Implementing Regulation (EU) 2017/1473, OJ. L 210 of 15.8.2017, p. 4. Para. 1 — Amended by No I of the EAER O of 18 Oct. 2017, in force since 1 Jan. 2018 (AS 2017 6349). Para. 4 let. b — Amended by No I of the EAER
Art. 16d Verification of the certificate of inspection and the consignment
1 For each consignment, the importer must submit the certificate of inspection to his certification body. He may only market or prepare the consignment if the certification body has verified the consignment and has completed box 20 of the certificate of inspection. Verification of the consignment by the certification body consists of a systematic documentary check, spot identity checks to establish whether the information in the accompanying documents matches the consignment, and physical checks of the goods based on a risk assessment. 2 Every person who has access to TRACES must immediately inform the competent authority via TRACES of any irregularities and infringements. 3 The first consignee shall, on receipt of the consignment, complete the declaration in box 21 of the certificate of inspection certifying that receipt of the consignment has been carried out in accordance with Annex 1 Number 8.5 of the Organic Farming Ordinance. The first consignee shall then send the original to th
Art. 16d — Amended by No I of the EAER O of 18 Oct. 2017, in force since 1 Jan. 2018 (AS 2017 6349).
Art. 16e Preparation of a consignment before customs clearance
Where a consignment is intended to be submitted before customs clearance to one or more forms of preparation as defined in Article 4 letter c of the Organic Farming Ordinance, the procedure in accordance with Article 16d paragraph1 must be completed before the first preparation is carried out. The customs declaration reference number for customs warehousing or inward processing must be given in box 19 of the certificate of inspection.
Art. 16e — Amended by No I of the EAER O of 18 Oct. 2017, in force since 1 Jan. 2018 (AS 2017 6349).
Art. 16f Splitting of a consignment before customs clearance
1 Where is intended to split a consignment into different batches before customs clearance , the procedure in accordance with Article 16d paragraph 1 must be completed before the splitting is carried out. 2 For each of the batches which results from the splitting, the importer shall also provide the certification body with an extract of the certificate of inspection via TRACES. 3 The extract of the certificate of inspection must be drawn up in accordance with the provisions in accordance with Annex 9 Section B. 4 The competent certification body of the importer shall complete the declaration in box 13 certifying that the extract of the certificate of inspection corresponds to the certificate of inspection mentioned in box 3. 5 A copy of each extract of the certificate of inspection shall be kept together with the original certificate of inspection by the importer. The copy shall carry the indication «COPY» or «DUPLICATE» printed on it. 6 ... 7 On receipt of a batch, the consignee of th
Para. 2 — Amended by No I of the EAER O of 18 Oct. 2017, in force since 1 Jan. 2018 (AS 2017 6349). Para. 3 — Amended by No I of the EAER O of 18 Oct. 2017, in force since 1 Jan. 2018 (AS 2017 6349). Para. 4 — Amended by No I of the EAER O of 18 Oct. 2017, in force since 1 Jan. 2018 (AS 2017 6349). Para. 6 — Repealed by No I of the EAER O of 18 Oct. 2017, with effect from 1 Jan. 2018 (AS 2017 6349). Para. 7 — Amended by No I of the EAER O of 18 Oct. 2017, in force since 1 Jan. 2018 (AS 2017 6349