Organic Certification Agreement (Ireland)

An Organic Certification Agreement in Ireland sets the services to be provided, the fees, the timetable, and each side's responsibilities for the engagement, and is shaped by the Companies Act 2014.

The EU organic logo — the green leaf symbol — may only be used on food products that have been certified as organic by an approved certification body. To carry the EU organic logo on their produce, Irish farmers and food producers must be registered as organic operators with DAFM, must have completed the applicable conversion period under Article 10 of EU Regulation 2018/848, must pass an annual physical inspection by their certification body, and must comply with all the organic production, processing, and labelling rules set out in EU Regulation 2018/848 and its implementing and delegated regulations.

DAFM's Organic Unit, based at Johnstown Castle Estate, County Wexford, is the competent authority for the regulation of organic production in Ireland. DAFM designates and supervises the approved organic certification bodies under Article 37 of EU Regulation 2018/848, audits the certification bodies' inspection procedures, and maintains the national register of organic operators. DAFM also operates the Organic Farming Scheme (OFS) under the CAP Strategic Plan 2023–2027, providing financial support to organic farmers during conversion and maintenance periods.

Ireland has approximately 75,000 hectares of organically farmed land, representing around 2% of the total use agricultural area, with significant growth targets under the Government's Organic Farming Strategy 2023–2027. The Irish organic sector is diverse, encompassing dairy, beef, sheep, tillage, horticulture, and specialist enterprises. The IOA and Organic Trust each publish annual Irish organic food and farming statistics. Teagasc's Organic Farming Unit at Athenry, County Galway, provides specialist advisory, research, and demonstration services to the Irish organic sector.

The Organic Certification Agreement is the central legal document in the relationship between the organic operator and the certification body. It establishes the operator's right to use the EU organic logo on certified produce, the certification body's obligation to carry out compliant annual inspections, the fee structure, the non-compliance and appeal procedures, and the conditions under which organic certification may be suspended or withdrawn.

An Organic Certification Agreement is needed by any farmer, food processor, importer, or other food business operator in Ireland who wishes to produce, process, or sell food products described as 'organic', 'bio', or 'ecological' and who therefore requires organic certification under EU Regulation 2018/848.

The agreement is required at the outset of conversion to organic farming. A farmer who wishes to convert their holding to organic production must first contact either the Irish Organic Association (IOA) or Organic Trust Limited (OT), execute an Organic Certification Agreement, and register as an organic operator with DAFM through the certification body. The registration triggers the start of the conversion period — at least two years for most crop land and at least two years for dairy cattle under EU Regulation 2018/848 — during which the farmer must comply with the organic rules but cannot yet market produce as certified organic.

The Organic Certification Agreement is needed annually, as it sets out the terms for the annual inspection and re-certification process. Organic operators must renew their certification agreement each year, pay the annual certification fee (based on enterprise type and holding size, typically ranging from approximately €200 to €800 per annum for farm operators), and undergo a physical inspection by a certification body inspector. Without a current Organic Certification Agreement and a valid annual inspection, the operator's organic certificate lapses and they cannot legally label or market their produce as organic.

You need an Organic Certification Agreement when applying for the DAFM Organic Farming Scheme (OFS) under the CAP Strategic Plan 2023–2027. A valid organic operator registration with DAFM (obtained through an Organic Certification Agreement with the IOA or Organic Trust) is a prerequisite for OFS payment eligibility. Annual OFS payment claims must be submitted through DAFM's Single Application Form (SAF) system and are cross-checked against the organic operator register.

The agreement is also needed when marketing organic produce to retailers, food service operators, or processors who require evidence of organic certification. Bord Bia's market development programme for Irish organic food and drink, major supermarket multiples, and specialist organic retailers will all require a copy of the operator's current organic certificate as part of their supplier approval process. Export of Irish organic food products to EU and third-country markets requires valid EU organic certification under EU Regulation 2018/848.

A thorough Irish Organic Certification Agreement between an organic operator and a DAFM-approved certification body must contain the following essential provisions.

Parties: Full name, address, and DAFM organic operator registration number of the organic operator. Full name, address, DAFM designation reference, and accreditation details of the certification body (Irish Organic Association or Organic Trust Limited).

Scope of certification: The enterprises and activities to be covered by the certification agreement — for example, organic crop production, organic livestock production, organic food processing, organic import, or combinations thereof. The land parcels subject to organic certification identified by folio number and area.

Obligation to comply with EU Regulation 2018/848: The operator's fundamental obligation to comply with all organic production, processing, and labelling rules set out in EU Regulation 2018/848 and Commission Implementing Regulation (EU) 2021/1165 (listing permitted inputs), and any national implementing measures published by DAFM.

Conversion period: The applicable conversion period for each enterprise covered by the agreement (as set out in Article 10 of EU Regulation 2018/848), the commencement date of conversion, and the expected date of first organic certification.

Annual inspection: The certification body's obligation to carry out at least one physical inspection per year in compliance with Article 38 of EU Regulation 2018/848, the operator's obligation to allow access to all farm areas, records, and inputs for inspection purposes, and the operator's obligation to maintain records required under Article 34 of the Regulation.

Certification fee: The annual certification fee applicable to the operator's enterprise type and scale. The payment terms and consequences of non-payment.

Non-compliance procedures: Classification of non-compliances (irregularity, non-compliance, serious non-compliance) under Article 41 of EU Regulation 2018/848 and Commission Implementing Regulation (EU) 2021/279. Corrective action requirements, timelines, and the operator's right of appeal to DAFM.

Organic logo and labelling: Conditions under which the EU organic logo and national organic symbols may be used. Restrictions on organic claims during the conversion period.

Data sharing with DAFM: The operator's consent to the certification body sharing inspection data and certification status with DAFM's Organic Unit as required by EU Regulation 2018/848.

Duration and termination: The duration of the agreement (typically annual, renewable), notice periods, and termination procedures. DAFM notification requirements on termination. The forms-legal.com Organic Certification Agreement (Ireland) template covers the mandatory elements under Companies Act 2014.

Additional compliance elements for a Organic Certification Agreement (Ireland) used in Ireland include: Data Protection — the Data Protection Act 2018 and GDPR Article 6 require a lawful basis for processing personal data; Governing Law — specify Irish law and the jurisdiction of Irish courts; Dispute Resolution — parties may refer disputes to the Workplace Relations Commission (WRC) for employment matters or initiate proceedings in the Circuit Court or High Court of Ireland for civil claims. Under the Companies Act 2014, the Companies Registration Office (CRO) maintains the register of Irish companies. Section 343 of the Companies Act 2014 sets annual confirmation obligations. The Competition and Consumer Protection Commission (CCPC) enforces the Consumer Rights Act 2022. The Central Bank of Ireland regulates financial services under the Central Bank Act 1971. The High Court of Ireland has jurisdiction under Section 212 of the Companies Act 2014. Revenue Commissioners require appropriate tax treatment of payments made under the agreement, including VAT under the Value-Added Tax Consolidation Act 2010 where applicable.