(1)

In accordance with Article 34(6) of Regulation (EU) 2018/848, Member States should keep updated lists containing the names and addresses of operators and groups of operators that have notified their activities in accordance with Article 34(1) of that Regulation. Regulation (EU) 2018/848 also provides that Member States have to make public in an appropriate manner, including by means of links to a single internet website, a comprehensive list of those data, together with the information relating to the certificates provided to those operators and groups of operators in accordance with Article 35(1) of that Regulation.

(2)

As of 1 January 2023, competent authorities or, where appropriate, control authorities or control bodies have issued the certificates referred to in Article 35 of Regulation (EU) 2018/848 in electronic form, using the electronic Trade Control and Expert System (TRACES) referred to in Article 2, point (36) of Commission Implementing Regulation (EU) 2019/1715 (2). With the development of TRACES and the electronic issuance of certificates in accordance with Article 1 of Commission Implementing Regulation (EU) 2021/2119 (3), those certificates should automatically be generated and made public by TRACES to increase the transparency of the control system in organic production, as well as the information on operators and groups of operators that have notified their activities under that system.

(3)

Considering that the names and addresses of operators and groups of operators that have notified their activities in accordance with Article 34(1) of Regulation (EU) 2018/848 should be made public by the Member States, the names and addresses of the operators and groups of operators that have been exempted from the obligation to be in possession of a certificate in accordance with Article 35(8) of Regulation (EU) 2018/848 should also be made public by Member States in an appropriate manner, including by means of links to a single internet website. When doing so, Member States should comply with the requirements for the protection of personal data pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council (4).

(4)

In view of the different organisational structures within Member States, the latter should determine which body is responsible for setting up and maintaining a single internet website and publishing the data. The Commission should also make public on a website of the Commission links to the Member States’ internet websites on the names and addresses of the operators and groups of operators that have been exempted from the obligation to be in possession of a certificate in accordance with Article 35(8) of Regulation (EU) 2018/848. In order to ensure that the information given on the website of the Commission is correct, the cooperation between the Commission and Member States for the establishment and the update of the website should be defined.

(5)

In order to reduce the administrative burden on operators with regard to records that, in accordance with Article 35(6) of Regulation (EU) 2018/848, they keep to demonstrate compliance with their obligation to verify, the certificates of operators that are their suppliers, essential information on every certificate of operator should remain publicly available in TRACES for a period of five years from the issuance of the certificates, irrespective of their period of validity, renewal, expiry, suspension or withdrawal.

(6)

Such essential information should include the certificate document number, the name and the address of the operator or the group of operators, the name of the competent authority, or, where appropriate, control authority or control body of the operator or group of operators, the code number in the case of control authority or control body, the activity or activities of the operator or group of operators, the category or categories of products as referred to in Article 35(7) of Regulation (EU) 2018/848, the date of issuance, the period of validity, if applicable, the date of renewal, expiry, suspension or withdrawal and, where available, the directory of products and/or quantity of products.

(7)

A period of five years is necessary for operators and groups of operators to be able to demonstrate that they are authorised to sell organic products, including products with a long shelf life. A period of five years will also increase transparency and enable competent authorities, or, where appropriate, control authorities or control bodies, to perform effectively official controls, official investigations and traceability exercises. The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council (5) and delivered formal comments on 14 January 2025.

(8)

The measures provided for in this Regulation are in accordance with the opinion of the Organic Production Committee,