(1)

Commission Delegated Regulation (EU) 2021/1698 (2) supplements Regulation (EU) 2018/848 with procedural requirements for the recognition of control authorities and control bodies that are competent to carry out controls on operators and groups of operators certified as organic and on organic products in third countries and with rules on their supervision and the controls and other actions to be performed by those control authorities and control bodies.

(2)

A request by control authorities and control bodies for recognition in accordance with Article 46(1) of Regulation (EU) 2018/848 (compliance regime) consists of a technical dossier. Pursuant to Article 1(2), point (i), of Delegated Regulation (EU) 2021/1698, that technical dossier must contain, among other things, a copy of the most recent assessment report drawn up by the accreditation body or, as appropriate, by the competent authority, including a witness audit report on a witness audit carried out within two years preceding the submission of the request for recognition.

(3)

Pursuant to Article 57(1) of Regulation (EU) 2018/848, the recognition of control authorities and control bodies granted under Article 33(3) of Council Regulation (EC) No 834/2007 (3) (equivalence regime) will expire on 31 December 2024. Pursuant to point 3(a) of Part B of Annex I to Delegated Regulation (EU) 2021/1698, for those control authorities or control bodies, the witness audit reports to be submitted with their request for recognition under the compliance regime must result from witness audits carried out during the two years preceding the submission of the request for recognition, by the accreditation body or competent authority for the purpose of their recognition under Regulation (EC) No 834/2007.

(4)

National measures in third countries taken due to the COVID-19 pandemic had a negative impact on the ability of accreditation bodies and competent authorities to schedule and carry out witness audits for the purpose of recognition of control authorities and control bodies under the compliance regime. To ensure a smooth transition from the equivalence regime to the compliance regime and to avoid risks of trade disruptions, for requests for recognition submitted before the expiration of the transition period provided for in Article 57(1) of Regulation (EU) 2018/848, the validity period of the witness audits referred to in Article 1(2), point (i) and in point 3(a) of Part B of Annex I to Delegated Regulation (EU) 2021/1698 should be extended.

(5)

For the Commission to be able to carry out effectively its supervisory activities pursuant to Delegated Regulation (EU) 2021/1698, control authorities and control bodies recognised in accordance with Article 46(1) of Regulation (EU) 2018/848 need to operate and be assessed by accreditation bodies or competent authorities based on their performance under the compliance regime. Therefore, it should be ensured that, within 2 years of the initial recognition of control authorities and control bodies in accordance with Article 46(1) of Regulation (EU) 2018/848 or of the extension of the scope of recognition to an additional category of products in accordance with Article 2 of Delegated Regulation (EU) 2021/1698, the control authorities and control bodies should submit to the Commission a new witness audit report on a new witness audit carried out for each of the categories of products for which they have been recognised. Furthermore, the procedure for submitting those new witness audit reports should be specified.

(6)

For the purpose of clarifying the beginning of the period between two witness audits referred to in Article 3(4), point (a), of Delegated Regulation (EU) 2021/1698, the first four-year period should start at the date when the first witness audits after recognition, or for the extension of the scope of recognition to an additional category of products, were carried out.

(7)

Delegated Regulation (EU) 2021/1698 should be amended accordingly,