Bioagricert has a Complaints/Appeals Committee (CRI) which is external independent, impartial and which is the collegiate body competent for handling:
The costs relating to the investigation and execution of the appeals, set at € 350, are borne by the losing party. Any additional costs relating to the remuneration to be paid to expert technicians entrusted by the CRI to decide on the appeal, are charged to the losing party.
The costs related to the investigation and execution of the resolution of complaints, set at € 50, are borne by the losing party (the cost includes handling the complaint and only 1 possible appeal for resolution).
Neither the appellant, nor the CB can appeal again to the CRI. The decisions of the CRI have the nature of an arbitral award as per the specific arbitration clause pursuant to Title VIII of the fourth book of the Code of Civil Procedure.
The appeal must be signed by the legal representative. If the appeal is signed by a different subject, the appeal must contain the delegation of the legal representative of the appellant.
The Committee decides on the appeals submitted to it within 30 (thirty) days from the date on which Bioagricert received the appeal filed by the operator. The CRI has the right to request the support of technical experts if it detects the need for an external opinion to decide on the appeal. In this case, the management of the appeal must respect the deadline of 45-days.
The secretary of the CRI communicates the final decision by registered letter with return receipt or by certified e-mail or with a system that guarantees receipt, containing the decision of the Appeals Committee with a copy of the minutes or reason for acceptance/rejection.
A complaint is considered to be any external observation regarding the control and certification service, the activities, the documentation or any office / representative of the BAC staff, internal or external, whether or not involved in any service subject to the complaint, in the marketing, commercial, administrative or quality sector of Bioagricert.
All controlled operators (other than appellant against a NC measure) and / or any body / association / customer /supplier / company interested in certification or any other stakeholder, including Competent Authorities and Accreditation Bodies, have the right to lodge a complaint with the CB in the following ways:
The Committee decides on the cases submitted within 30 (thirty) days from the date of presentation of the complaint.
The Secretary of the CRI, in communicating the outcome of the complaint, informs both BAC and the complainant that they have 30 days to send a further complaint against the resolution taken by CRI. In this case, the process is repeated. A second resolution on the same case is considered final.
Last update: 14 April 2021