Skip to content

Suspicious Organics: Suspicion of non-compliance under the New Organic Regulation (EU) 2018/848

Silvia Gawronski

As of 1 January 2022, the New Organic Regulation (EU) 2018/848 has entered into force. It aims at reducing complexity and unclarity of legislative norms on organic products and production in general and ensuring a harmonised approach across the European Union regarding the measures to be taken in the case of suspicion of non-compliance. Therefore, the New Organic Regulation (EU) 2018/848 introduces a step-by-step system with all the obligations, actions and measures for both operators and competent authorities. In this article, the author describes this system in detail and places it in the context of EU organic food law and policy. Whereas the introduction of a step-by-step system to deal with suspected non-compliance issues definitely provides clarity regarding the obligations of the operator and the powers of the competent authorities, the text of the legislation itself leaves room for interpretation, and therefore causes further lack of clarity and risk of different approaches in different member states. The author shows several examples thereof, and analyses one of them more thoroughly: the step-by-step system is triggered by a ‘suspicion’, but it remains unclear what constitutes such a ‘suspicion’ under the New Organic Regulation (EU) 2018/848. The author expresses her views and calls for Commission Guidelines.

Silvia Gawronski, Associate Partner, Van Traa Advocaten N.V., Rotterdam, The Netherlands.


Lx-Number Search

(e.g. A | 000123 | 01)

Export Citation