United Kingdom-Canada Organic Equivalence Arrangement (UKCOEA) – Overview

The United Kingdom (UK) and Canada recognize each other's organic production rules and control systems as equivalent under their respective rules. This type of recognition is also referred to as an "equivalence arrangement".

This equivalence arrangement takes effect on January 1 2021 and covers organic agricultural products of UK or Canadian origin.

This equivalence arrangement means that organic products certified under the Canadian Food Inspection Agency (CFIA) Canada Organic Regime or UK organic system may be sold and labelled as organic in both Canada and the UK.

As long as the product is certified by a CFIA accredited certification body (CB) in Canada or by an UK approved control body, this recognition eliminates the need for UK organic agricultural products to have a separate certification to the Canadian standards, and vice versa.

1. UK import requirements

1.1 Canadian organic products covered under UKCOEA

The following products certified to the Canada Organic Regime in accordance with the Safe Food for Canadians Regulations (SFCR), part 13 (Organic Products), by 1 of the CFIA accredited certification bodies are accepted as organic in the UK:

• unprocessed plant products (produced or grown in Canada)
• live animals or unprocessed animal products (raised or produced in Canada)
• processed agricultural products for use as food (products whose full and/or final processing occurs in Canada)
• processed agricultural products for use as feed (products whose full and/or final processing occurs in Canada)
• vegetative propagating material and seeds for cultivation (produced or grown in Canada)
• wine (full and/or final processing occurs in Canada)

Processed agricultural products for use as food and processed agricultural products for use as feed have to be processed in Canada with organic ingredients grown in Canada or imported into Canada in accordance with the Safe Food for Canadians Regulations (SFCR), part 13 (Organic Products).

The term "processed product" for the purposes of export to the UK under the UKCOEA is defined in Article 2 (1) of Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs whereas:

(m) 'processing' means any action that substantially alters the initial product, including heating, smoking, curing, maturing, drying, marinating, extraction, extrusion or a combination of those processes;

(n) 'unprocessed products' means foodstuffs that have not undergone processing, and includes products that have been divided, parted, severed, sliced, boned, minced, skinned, ground, cut, cleaned, trimmed, husked, milled, chilled, frozen, deep-frozen or thawed;

(o) 'processed products' means foodstuffs resulting from the processing of unprocessed products. These products may contain ingredients that are necessary for their manufacture or to give them specific characteristics.

Currently, aquaculture organic products, with the exception of seaweed products, are excluded from the scope of the UKCOEA arrangement.

1.2 UK's labelling requirements

All organic products imported into the UK must meet UK labelling requirements.

For processed agricultural products, any product containing above 95% organic ingredients may be labelled with the claim "organic" and the COR organic logo may be used. For products containing less than 95% organic ingredients, the reference to organic may only appear in the list of ingredients and the logo may not be used.

1.3 Documentation required for Canadian organic products exported to the UK

Canadian organic products exported to Great Britain (GB) under the UKCOEA must be accompanied by a Certificate of Inspection (CoI). This will be a GB CoI and will be a manual process.

A copy of the CoI template along with GB CoI explanatory notes will be shared with the CFIA accredited CBs certifying organic products in Canada.

Certificate of Inspection (CoI) template:

Certificate of inspection for import products from organic production into Great Britain

Instructions:

• Box 1: name, address and code of control body or authority in the third country. This body or authority also completes boxes 4 to 8.
• Box 2: this box indicates which provisions of Council Regulation (EC) No 834/2007 are relevant for the issue and use of this CoI:
• Council Regulation (EC) No 834/2007:
  • Article 33(2) – confirms that the products are imported under Annex III, equivalent third countries.
  • Article 33(3) – confirms that the products are certified as equivalent to GB regulations in the third country and are certified by a control body listed on Annex IV. (This box is not for use yet)
• The box that should be checked will depend on whether the import is from a third country listed on Annex III or is certified by a control body appearing on Annex IV as approved to operate in the third country the products originate from.
• Since Canada is recognized as an equivalent third country for product categories A, B, D E and F; exporters should tick Box 1.
• Box 3: serial number of the certificate, this will need to be assigned by the third country control body until an electronic system can automatically assign this.
• In order to ensure a logical serial number is given and it is unique to the consignment, we propose the following format "COI.[CB code]". As the CB code is unique, there will be no possible duplication by other CBs.
• Box 4: name and address of the operator exporting the products from the country mentioned in box 8. The exporter is the operator performing the last operation for the purposes of preparation and sealing products in appropriate packaging or containers.
• Box 5: operator(s) who produced or processed the products in the third country mentioned in box 7.
• Box 6: control body or bodies or authority or authorities for monitoring compliance of the production or processing of the products with the rules of organic production in the country mentioned in box 7.
• Box 7: country of origin means the country where the product has been produced/grown or processed.
• Box 8: country of export means the country where the product has been subject to the last operation for the purposes of preparation and sealed in appropriate packaging or containers.
• Box 9: country of clearance means Great Britain. Point of entry is the point of release for free circulation.
• Box 10: country of destination would be Great Britain.
• Box 11: name, address and the Economic Operators Registration and Identification number (EORI) of the importer.
• Box 12: name and address of the first consignee of the consignment in Great Britain. The first consignee shall mean the natural or legal person where the consignment is delivered and where it will be handled for further preparation and/or marketing. The first consignee shall also complete box 21.
• Box 13: description of products that includes Combined Nomenclature (CN) codes for the products concerned (8-digit level where possible), trade name, number of packages (number of boxes, cartons, bags, buckets, etc.), lot number and net weight.
• Box 14: optional
• Box 15: optional
• Box 16: total gross weight expressed in appropriate units (kg of net mass, Litre, etc.)
• Box 17: means of transport arriving at the point of entry. Mode of transport: aeroplane, vessel, railways, road vehicle, other.
• Identification of the means of transport:
  • for aeroplane, indicate the flight number
  • for vessels, indicate the ship name(s)
  • for railways, indicate the train identity and wagon number,
  • for road transportation, indicate the registration number plate with trailer number plate, if appropriate
• In the case of a ferry, indicate vessel and road vehicle with the identification of the road vehicle and of the scheduled ferry.
• Box 18: declaration of control authority or control body issuing the certificate. The signature and the stamp must be in a different colour to that of the printing.
• Box 19: shall be filled in by the competent authority or by the importer.
• Box 20: shall be completed by the competent authority, if appropriate, before the preparation or splitting operation in the circumstances and at the verification of the consignment.
• Box 21: shall be filled in by the first consignee at the reception of the products, when the checks have been completed.

Exports from Canada to Northern Ireland will continue to adhere to the EU procedures and will continue to require an EU Certificate of Inspection for Import of products from Organic production into the European Community (the "Certificate of Inspection") as per Article 13 and Annex V of Commission Regulation (EC) Number. 1235/2008.

Organic products must be certified to the Canadian organic standards by a CFIA accredited CB and accompanied by the Certificate of Inspection issued by a CFIA accredited CB.

The CBs operating in Canada must prepare, sign, and stamp this CoI. In Box 2, the certification body operating in Canada must mark the box associated with "Council Regulation (EC) No. 834/2007, Article 33(2)".

The Certificates of Inspection are utilized by UK port of entry officials, control bodies, and control authorities to verify compliance with the applicable legislation.

2. Canada's import requirements

2.1 UK organic products covered under UKCOEA

The following products certified in conformity with Council Regulation (EC) No 834/2007 and Commission Regulation (EC) No 889/2008 by a UK approved control body are accepted as organic in Canada:

• unprocessed plant products (produced/grown in UK)
• live animals or unprocessed animal products (raised or processed in UK)
• processed agricultural products for use as food (products whose full and/or final processing occurs in UK)
• processed agricultural products for use as feed (products whose full and/or final processing occurs in UK)
• vegetative propagating material and seeds for cultivation (produced or grown in UK)
• wine (full and/or final processing occurs in UK)

This recognition is limited to organic products that have been either:

• produced within the UK or
• products whose final processing occurred within the UK

CBs based in the UK that have clients outside the UK and wish to certify them to the Canadian Organic Standards must maintain their accreditation with the CFIA.

Organic products that are grown, produced or packaged outside of the UK are not within the scope of this recognition, even if they are certified to UK organic requirements.

Currently, aquaculture organic products, with the exception of seaweed products, are excluded from the scope of the UKCOEA arrangement.

2.2 Canada's labelling requirements

UK operators can use the Canada organic logo in accordance with part 13 of the SFCR.

Products must meet all Canadian organic labelling requirements (including compliant use of the Canada organic logo).

A copy of the logo must be requested from the Control Bodies responsible for the certification.

2.3 Documentation required for UK organic products exported to Canada

For UK organic products intended to be imported to Canada, the products should first meet the requirements specified in the UK legislation.

All products traded under the UKCOEA must be accompanied by an organic product certificate as well as an export organic certificate issued by a UK approved control body recognized under the organic equivalency arrangement between Canada and the UK and listed in the approved UK organic control bodies.

A copy of the template is shared with Department for Environment, Food & Rural Affairs (Defra) approved control bodies that will issue export organic certificate for shipments destined to Canada.

All relevant Canadian legislation will also continue to apply for the imported product.

Under the SFCR, certain food businesses (such as many importers) will require a food license to conduct 1 or more activities.