Clarification on sale of product in the EU by GB companies

We are being made aware of ongoing issues regarding sale of product in the EU by GB companies, where those companies do not hold EU organic certification.

We’d like to clarify our understanding of organic certification requirements in the EU.  

• Our certification in GB is for organic activities in GB. It does not cover a company for activities in the EU.

• We understand if a company is placing organic product on the market in the EU then they should seek certification within the EU to do so. This is required by Article 34 of EC 2018/848:

Prior to placing any products on the market as ‘organic’ or as ‘in- conversion’ or prior to the conversion period, operators and groups of operators referred to in Article 36 which produce, prepare, distribute or store organic or in-conversion products, which import such products from a third country or export such products to a third country, or which place such products on the market, shall notify their activity to the competent authorities of the Member State in which it is carried out and in which their undertaking is subject to the control system. 

2018/848 refers to the definition of ‘Placing on the market’ in  Art 3 of (EC) No 178/2002:

‘placing on the market’ means the holding of food or feed for the purpose of sale, including offering for sale or any other form of transfer, whether free of charge or not, and the sale, distribution, and other forms of transfer themselves;

• Licensees should check what the requirements are in the member state they wish to trade in - some may require an EU licensed entity