Dear ICS managers and members of groups of operators,

 

Kiwa BCS would like to share some important information with you on the requirements for groups of operators according to the new organic regulation (EU) 2018/848. Currently, you are still certified according to the requirements of the Kiwa BCS equivalent organic production standard. In other words: you do not need to fulfil all of the below-mentioned requirements yet. It is important, however, that you start to familiarize yourself with the new regulations and adapt your ICS group in the coming months.

 

The most relevant sections of the regulations for groups of operators are:

• Regulation (EU) 2018/848: art. 36

• Regulation (EU) 2021/279: most important for groups of operators are art. 4; 5; 6; 7; 10

• Regulation (EU) 2021/771: art. 2

 

Please adjust your group throughout the year 2023 to allow for a smooth transition to the certification according to (EU) 2018/848, and to be ready, at latest, on 1st January 2024. We thank you for your cooperation.

Do not hesitate to contact Kiwa BCS in case you have questions.

 

To dos for every group member：

 

Membership only in one group of operators

It is not possible to be registered in several groups of operators for a given product.

If you are registered in several groups, you must choose one group and unregister from the other groups of operators.

reg. 2021/279 art. 4:

A member of a group of operators shall register to only one group of operators for a given product, also where the operator is engaged in different activities related to that product. 

 

Either individual certification, or membership in a group of operators

You cannot be certified on an individual basis for a given product if you are also certified for this product in a group of operators.

You must formally declare this in a confirmation.

(reg. 2021/1698 art. 10.1(c))

 

You must sign a membership agreement (“contract”)

Your ICS manager shall provide a new membership agreement to be signed by you. The membership agreement must include all the points mentioned in reg. (EU) 2018/848 art. 36 h).

 

To dos for ICS managers ：

 

Implement an Internal Control System (ICS)

Groups of operators must implement an ICS for certification and have legal personality – in compliance with art. 36 of reg. (EU) 2018/848.

 

Size of a group of operators is 2000 members

Make sure the total size of the group (the ICS for organic production) complies with the requirements. 

reg. 2021/279 art. 4:

The maximum size of a group of operators shall be 2000 members.

Groups of operators that were already certified before 1st January 2022 and that exceed the dimension of 2000 members must comply with the dimension of 2000 members on 1st January 2025, at latest. 

(reg. 2021/279 art. 10(1))

 

Either individual certification, or membership in a group of operators

Every operator in the group must formally declare in a confirmation that they have not been certified on an individual basis for a given product if they are also certified for this product in a group of operators.

(reg. 2021/1698 art. 10.1(c))

ICS managers must request and file the declarations given by each group member as specified in reg. 2021/1698 art. 10.1(c).

 

Activities, farm size or turnover of each individual member of the group of operators

Please be aware that your current group members may not comply with the prerequisite for being a member of a group of operators under the new regulation. This is especially important if you currently have many group members who are not considered “small-scale farmers”.

As opposed to the current requirements, where farmers who are not “small-scale” can be group members – provided they receive an external inspection every year – this will no longer be possible under the new organic regulation 2018/848.

 

Please verify whether each group member fulfils at least one of the following requirements:

• The member is either a farmer, a beekeeper, or a producer of algae/aquaculture products, and

• The annual turnover of organic production for the individual member is not more than 25,000 euros and the individual certification cost represents more than 2 % of the member’s turnover OR the size of the holding of the individual member is maximum 5 hectares (0.5 hectares for greenhouses / 15 hectares of permanent grassland)

Also, group members must carry out their activities in geographical proximity to each other in the same country.

The ICS manager is responsible for the composition of the group of operators (ref. to 2018/848 art. 36(1)(h)). Please make sure the exclude those operators from the group certification who do not comply with the above-mentioned requirements. We recommend that these operators seek individual certification with Kiwa BCS – if they hold their own organic certificate, they can act as suppliers (who sell organic product) to your group of operators, or to any other organic operator.

(reg. 2018/848 art. 36(1))

 

Update all internal documents of the ICS

Regarding ICS documents, we have already sent you an information letter in 2021 (will be attached again here). If you have not yet updated the documents, please start with the updates soon.

You should already have the following documents for your ICS – please check whether the format of your document contains all the necessary information. If you are unsure about the information that must be included, please carefully read the information letter from 2021 (the numbers in brackets, below, refer to this letter):

 

The ICS manager may not also be an ICS inspector (for the same ICS). They can be members of the group.

reg. 2018/848 art. 36(1)(h)

 

There must be a sufficient number of competent ICS inspectors:

2018/848 art. 36(1)(h):

The number of ICS inspectors shall be adequate and proportional in particular to the type, structure, size, products, activities and output of organic production of the group. The ICS inspectors shall be competent with regard to the products and activities of the group.

 

Make sure that the ICS manager has all the necessary knowledge and competences.

The tasks for the ICS manager are specified in detail in the new organic regulation, and the list of duties for the ICS manager is quite long. In fact, you may notice, that the regulation is very specific about the to-dos for the ICS manager, while listing only a few tasks for the ICS inspectors.

 

Here are some of the tasks that an ICS manager must carry out:

• Verify the eligibility of new (and existing) group members; approve new members or additional production units

• Prepare internal documents of the ICS and update the forms when necessary

• Keep the group list updated

• Decide on corrective actions whenever group members have non-compliances, follow up and document the implementation of measures

• Organize trainings for operators

• Manage internal inspections and internal inspectors: plan and follow up on internal inspections; organize trainings and performance assessments of internal inspectors; collect annual conflict of interest statements of internal inspectors

• Manage subcontractors, if applicable, and be entitled to sign contracts with subcontractors

• Act as a contact person with your Kiwa BCS office, hand in derogation requests to Kiwa BCS

 

Please make sure to familiarize yourself with the requirements, specifically 

• reg. 2018/848 art. 36

• reg. (EU) 2021/279 articles 4; 5; 6

 

There may be additional sources of information available in your country, for example workshops or trainings from associations such as IFOAM. 

 

Please feel free to contact us if you have any questions regarding this letter. We will keep you informed about any update regarding this topic.

 

Kind regards

 

Kiwa BCS 

2023.03.03