CERES Policy

No	Issue	Text
1	Aims	This policy establishes rules for recognition of organic management previous to first inspection, and minimum conversion period under EU regulation 2092/91, NOP and JAS.
2	Background	Although conversion periods are clearly defined by organic regulations, these regulations do not establish detailed criteria for recognising organic management previous to the first inspection. In some cases, competition between certifiers may lead to a negative trend of decreasing standards in this respect. To avoid this, clear rules for inspectors and certification officers are required.
3	Normative framework	EU regulation Annex I A, 1.1. The principles laid down in Article 6(1)(a), (b) and (d) and set out in particular in this Annex must normally have been applied on the parcels during a conversion period of at least two years before sowing, or, in the case of grass­land, at least two years before its exploitation as feedingstuff from organic farm­ing, or, in the case of perennial crops other than grassland, at least three years before the first harvest of products as referred to in Article 1(1)(a). The conver­sion period shall commence at the earliest on the date on which the producer notified his activity in accordance with Article 8 and submitted his holding to the in­spection system provided for in Article 9. 1.2. However, the inspection authority or body may decide, in agreement with the competent authority, to recognise retroactively as being part of the conversion period any previous period in which: (a) the land parcels were part of a programme implemented pursuant to Council Regulation (EEC) No 2078/92 of 30 June 1992 on agricultural production meth­ods compatible with the requirements of the protection of the environment and the maintenance of the countryside (1) or Chapter VI of Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations(2), or as part of another official programme, pro­vided that the programmes concerned guarantee that products not listed in parts A and B of Annex II have not been used on those parcels; or (b) the parcels were natural or agricultural areas which were not treated with products not listed in parts A and B of Annex II. This period can be taken into consideration retroactively only under the condition that satisfactory proof has been furnished to the inspection authority or body allowing it to satisfy itself that the conditions were met for a period of at least three years.   NOP § 205.202 Land requirements. Any field or farm parcel from which harvested crops are intended to be sold, labelled, or represented as “100 percent organic,” “organic,” or “made with organic (specified ingredients)” must: (a) Have been managed in accordance with the provisions of §§ 205.203 through 205.206; (b) Have had no prohibited substances, as listed in § 205.600, applied to it for a period of 3 years immediately preceding harvest of the crop § 205.103 Recordkeeping by certified operations. (a) A certified operation must maintain records concerning the production, harvesting, and handling of agricultural products that are or that are intended to be sold, labelled, or represented as “100 percent organic,” “organic,” or “made with organic (specified ingredients).” (b) Such records must: (1) Be adapted to the particular business that the certified operation is conducting; (2) Fully disclose all activities and transactions of the certified operation in sufficient detail as to be readily understood and audited; (3) Be maintained for not less than 5 years beyond their creation; and (4) Be sufficient to demonstrate compliance with the Act and the regulations in this part.   JAS Notification 59, Art. 4: The following criteria of manuring, sowing and planting, controlling noxious animals and plants must be based on the cultivation at least 3 years before the first harvesting of perennial plants (except for pasture grass), and at least 2 years before sowing or planting of other plants than perennial plants. In the case of newly developed fields or fields, which have not been used for cultivation, prohibited substances must not be used at least 2 years, and these criteria must be based on the cultivation at least 1 year.
4	Terms	·          Conversion: the period from last application of prohibited substances on land, to organic certification. Synonym: Transition. ·          T1, T2, T3: first, second, third year of transition (conversion)
5	Policy
5.1	Conversion period under NOP: Even though NOP Final Rule does not mention the term "conversion" or "transition", the above-mentioned paragraph 205.202 clearly establishes that no prohibited substances (referring especially to chemical fertilisers, pesticides, and sewage sludge) must have been applied on the respective plots during at least three years before harvest of organic products. Paragraph 205.103 says that previous management must be adequately documented. Thus, management previous to the first inspection can be recognised as "organic" only in case, that complete and updated farm diaries have been kept, and invoices for the purchase of farm inputs have been filed, for the period of at least three years. If this is not the case, the procedure established in 5.3 can be used.
5.2	Start of conversion period under EU-regulation and JAS: In normal situations (without retroactive recognition of conversion period – see 5.3), conversion period starts with signing a certifica­tion contract with CERES or with the first inspection, whereas the respective earlier date applies. In case of farmer groups with internal control systems, the last internal inspection visit is considered as the starting point of the conversion period for the individual farmer.
5.3	Proofs for retroactive recognition of non-use of prohibited substances under EU-regula­tion and JAS: The inspector will assess, to which degree the farm meets the criteria listed below. He/she will assign marks, in order to allow a quantitative evaluation. To obtain retroactive recognition of non-use, at least 20 marks must be obtained. Evaluation by the inspector is only preliminary, since the certification officer makes the final decision. Inspectors must be adequately trained, to be able to assess plausibility and credibility of different proofs. Please note that the EU-regulation requires that previous organic management “can be taken into consideration retroactively only under the condition that satisfactory proof has been furnished (…) that the conditions were met for a period of at least three years”. This implies that if an operator fulfils the requirements for a period of less than 3 years he could only receive the certification status of “1st year in transition” as a result of the first inspection, be­cause retroactive recognition cannot be granted at this moment. However, there is a possibility to “save” periods with favourable history less than three years: If the areas in question will be sub­ject of the organic control system the period that has been passed under the supervision of the certification body will be added to the period with the favourable history. So in case one and a half year of favourable history had been proved and if subsequently the area has passed another one a half year under the control of CERES, the area respectively the products from this area can be certified as organic (in condition all other requirements of the regulation are fulfilled as well).
	Proof		Marks to be ob­tained (maximum)
	·       Fallow land with typical vegetation 3 years and older (evidence on the field or photos)		20
	·       General non-use of chemicals on the respective crop in the whole region		10 to 20
	·       Evidence on the field for non-use of chemicals (abundant weeds, pests and/or diseases); in most cases, these evidences reflect only the current year		6 to 10
	·       Confirmations by neighbours or field workers		2 to 4
	·       Confirmations by state authorities		2 to 5
	·       Confirmations by organic farm advisors or associations		5 to 10
	·       Confirmations by local agrochemical sellers		2 to 4
	·       Laboratory analysis of pesticide residues (usually reflect only the current season)		3 to 5
	·       Laboratory analysis of soil nutrient availability		3 to 5
	·       Own records showing purchase and/or application of organic inputs		4 to 8
	·       Own records showing decline of yields after conversion to organic		5 to 10
5.4	Minimum requirements for retroactive recognition of conversion period under EU-regulation and JAS, besides non-use of prohibited substances: Non-use of chemicals is not enough for qualifying a farm as "organic". Organic farmers must have a good level of knowledge on standards and techniques, soil fertility management, and record keeping. On the other hand, CERES does not want to certify "new" farms as organic, before getting a better knowledge about them through a second inspection. New farms, which have sufficient proofs of non-use of chemicals during the last three years and: ·          Fulfil the above-mentioned criteria (knowledge, soil fertility management, record), can be certi­fied as organic after a second inspection, which may take place in the same growing cycle. ·          Fulfil the above-mentioned criteria partly, can be certified as organic after a second regular annual inspection, which should take place in the following growing season, showing that the respective corrective actions have been implemented.
5.5	Retroactive recognition of new fields belonging to already certified farms: In case of new fields belonging to already certified farms, the proofs for non-use of chemicals mentioned under 5.3 are sufficient.
5.6	Perennials planted after beginning the conversion period under EU-regulation and JAS: We understand that conversion period for perennials is longer than for annuals, because the plants themselves might potentially be polluted with chemicals. This is not the case for perennials, which are planted after starting the conversion period, especially if organic planting stock is used. For this reason, in these situations, CERES will handle the conversion period for perennials simi­lar to that for annual crops: 24 months, plus a medium growth period of 4 months, i.e. a total of 28 months until harvest (instead of 36 months).
6	Related documents	•     Brief Information on Crop Production •     Brief Information on Mixed and Parallel Production •     Organic Management Plan Crop Production •     Inspection Report for Crop Production