U.S.-EU Equivalence Arrangement

The United States maintains an organic equivalence arrangement with the European Union. This arrangement allows USDA certified organic products produced in the U.S. to be sold and labeled as organic in the EU, and allows products produced in the EU to be sold and labeled as organic in the United States. The European Union is the second largest organic consumer market in the world behind the United States, and this arrangement allows U.S. organic producers to access this growing market.  

Scope: This arrangement is limited to organic products traded directly between the U.S. and EU with their final processing occurring in either country. Allowed product categories: Crops, Wild Crops, Livestock, and Processed Products.

Note: OTA would like to credit the NOP European Union webpage for much of the information that appears on this page.

Critical Variances

Most USDA and EU certified organic products are eligible for trade under this equivalence. However, there are some product specific requirements.  

Requirements for EU certified organic products exported to the U.S.:

• Agricultural products derived from animals treated with antibiotics shall not be sold, labeled, or represented as organic in the U.S.
• Aquatic animals (e.g., fish, shellfish) and salt are not included in the equivalence arrangement and are not eligible to use the USDA organic seal.  

There are important differences in how the U.S. and EU define and label wine as organic. For EU organic wine to enter the U.S. market, it must fully comply with either of the following content and labeling requirements:

• Organic wine: To label EU wine exports to the U.S. as organic, the wine must not contain sulfur dioxide, potassium metabisulfite, or other ingredients not allowed under the USDA organic regulations (7 CFR 205.605). EU wine exports meeting these criteria may make the “organic” claim and carry the USDA organic seal. EU wine labeled with an organic claim in any language per the Regulation (EU) 2018/848 Annex IV must comply with these terms.  
• Wine made with organic grapes: To label EU wine exports to the U.S. as “made with organic grapes,” the wine’s total sulfite concentration (from sulfur dioxide) must not exceed 100ppm and all grapes used must be certified organic. Substances not listed under 7 CFR 205.605 are prohibited. The USDA organic seal must not be used on the label.
• The EU control body or other control authority is responsible for verifying compliance of EU wine with the U.S. requirements for labeling “organic wine” or “wine made with organic grapes” before issuing the NOP Import Certificate.  
• All wine sold in the U.S. must be approved by the Alcohol and Tobacco Tax and Trade Bureau.

Requirements for U.S. certified organic products exported to the EU

Organic wine and wine “made with organic grapes” may be exported to the EU under the arrangement if it meets the following criteria:

• Contains 100 percent organic grapes and organic ingredients. Non-organic substances not allowed under 7 CFR 205.605 are prohibited.  
• Have been produced only using the winemaking practices and substances detailed in the EU organic regulations.

The EU does not recognize the USDA “100% organic” or “made with organic” label categories.  Therefore, all organic products eligible for export under the equivalence must contain 95% or greater organic content and only use an “organic” claim. 

Required Export Documentation 

Exports of USDA Organic Products

A USDA-accredited certifying agent (also called “control body”) must complete an electronic Certificate of Inspection (COI) through the EU’s Trade Control and Expert System (TRACES) for all USDA organic products traded under the arrangement. The European Union regulations require that the COI be issued by the USDA-accredited certifying agent at the moment the consignment leaves the U.S. port of export.

Shipments of USDA organic products that leave the U.S. port without a COI, or with a COI issued after departure, risk being refused entry, seized, or destroyed by foreign port authorities.

U.S. Imports of EU Organic Products

EU organic products imported into the U.S. under the arrangement must be associated with an NOP Import Certificate. EU-accredited  certification bodies generate NOP Import Certificates in USDA’s GLOBAL Organic Integrity Database (Global Integrity). Operations that export products from the EU to the U.S. under the organic equivalence arrangement are also listed in Global Integrity under the Trade Partners tab. The NOP Import Certificate documentation must include the following attestation statement:

“Certified in compliance with the terms of the U.S.-EU Organic Equivalence Arrangement.” 

Geographic Scope of this Arrangement 

• Products grown, processed, or packaged and certified by an accredited certifying agency (ACA) operating within their respective country/region borders can be shipped directly to the U.S./ EU as certified organic product
• Products certified to either standard that has not been “handled” (touched down) in the U.S. or EU cannot be shipped directly to the U.S./EU
• Products not grown, processed or packaged in the EU that are destined for the U.S. must be certified to the USDA-NOP standard by a USDA-accredited certifier
• Products not grown, processed or packaged in the U.S. to be shipped directly to Europe must be certified to the EU standard or certified by a Certification Body recognized by the EU as an equivalent Certification Body/Foreign Certification Agent 

Labeling 

USDA Organic Products exported to the EU

For retail products, labels or stickers must state the name of the U.S. certifying agent and may use the USDA Organic seal or the EU organic logo. Retail product labels must include the code that the EU has assigned to each USDA-accredited certifying agent, listed on the European Commission’s Organic Farming Information System (OFIS) website. Exported products must meet the labeling requirements of the EU. See resources below.

Products with less than 95% organic content (those that would qualify in the U.S. as “made with organic”), may display a percentage statement of organic content on the label, but may not be labeled with the EU organic logo or USDA organic seal. The EU does not have a “made with organic” labeling category.

Products certified in the U.S. as 100% organic may only be labeled as “organic” since the EU does not have a 100% organic category. These products may display either the EU organic logo and/or the USDA organic seal.

Bulk (non-retail) products must display lot numbers and must allow for a complete audit trail to verify the product’s integrity. 

EU Organic Products exported to the U.S. 

For retail products, labels or stickers must state, “Certified Organic By (insert name of EU-authorized body) and may also include the code assigned to each EU-authorized body. Retail labels or stickers may use the USDA Organic seal and/or the EU organic logo. Exported products must meet the USDA organic labeling requirements.

Bulk (non-retail) products must display identification of the product as organic and the production lot number, shipping identification or other unique information that links the container to audit trail documentation.  The name of the EU-authorized certification body is not required to be stated on bulk containers. 

Contact

OTA Members can direct questions about this agreement to:

Visit the National Organic Program  Website for more information

The Organic Trade Association does not discriminate on the basis of age, disability, national origin or ancestry, race, gender, religion, sexual orientation, marital status, political affiliation or military status. Persons with disabilities who require alternate means for communication of program information can contact us at info@ota.com.