Article 9

1. Member States shall set up an inspection system operated by one or more designated inspection authorities and/or by approved private bodies to which the operators producing or preparing products as referred to in Article 1 shall be subject. 2. Member States shall adopt the measures necessary to ensure that an operator who complies with the provisions of this Regulation and pays his contribution to inspection expenses has access to the inspection system. 3. The inspection system shall comprise at least the application of the precautionary and inspection measures specified in Annex III. 4. For the application of the inspection system operated by private bodies, Member States shall designate an authority responsible for the approval and supervision of such bodies. 5. For the approval of a private inspection body, the following shall be taken into account: the standard inspection procedure to be followed, containing a detailed description of the inspection measures and precautions which the body undertakes to impose on operators subject to its inspection; the penalties which the body intends to apply where irregularities are found; the availability of appropriate resources in the form of qualified staff, administrative and technical facilities, inspection experience and reliability; the objectivity of the inspection body vis-à-vis the operators subject to its inspection. 6. After an inspection body has been approved, the competent authority shall: ensure that the inspections carried out by the inspection body are objective; verify the effectiveness of its inspections; take cognizance of any infringements found and penalties applied; withdraw approval of the inspection body where it fails to satisfy the requirements referred to in (a) and (b) or no longer fulfils the criteria indicated in paragraph 5 or fails to satisfy the requirements laid down in paragraphs 7, 8 and 9. 7. The inspection authority and the approved inspection bodies referred to in paragraph 1 shall: ensure that at least the inspection measures and precautions specified in Annex III are applied to undertakings subject to their inspection; not disclose information and data they obtain in their inspection activity to persons other than the person responsible for the undertaking concerned and the competent public authorities. 8. Approved inspection bodies shall: give the competent authority, for inspection purposes, access to their offices and facilities, together with any information and assistance deemed necessary by the competent authority for the fulfilment of its obligations pursuant to this Regulation; send to the competent authority of the Member State by 31 January each year a list of operators subject to their inspection on 31 December of the previous year and present to the said authority a concise annual report. 9. The inspection authority and inspection bodies referred to in paragraph 1 shall: ensure that, where an irregularity is found regarding the implementation of Articles 5, 6 and 7 or of the measures referred to in Annex III, the indications provided for in Article 2 referring to the organic production method are removed from the entire lot or production run affected by the irregularity concerned; where a manifest infringement, or an infringement with prolonged effects is found, prohibit the operator concerned from marketing products with indications referring to the organic production method for a period to be agreed with the competent authority of the Member State. 10. The following may be adopted in accordance with the procedure laid down in Article 14: detailed rules concerning the requirements indicated in paragraph 5 and the measures listed in paragraph 6; implementation measures concerning the provisions of paragraph 9. Indication that products are covered by the inspection scheme

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Source: EUR-Lex (Cellar) · retrieved 2026-11-13 · Text as adopted (Official Journal); later amendments are not incorporated in this text.