30.4.2013 Official Journal of the European Union L 118/5 REGULATIONS COMMISSION IMPLEMENTING REGULATION (EU) No 392/2013 of 29 April 2013 amending Regulation (EC) No 889/2008 as regards the control system for organic production THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 ('), and in particular Article 33(2) and (3) and Article 38(c) and (d) thereof, Whereas: 1 0] 0] According to Article 28(1) of Regulation (EC) No 834/2007, operators who produce, prepare, store, place on the market, import or export products produced in compliance with the production rules laid down in that Regulation must submit their undertaking to the control system referred to in Article 27 of that Regulation. Detailed rules for the application of that control system are laid down in Title IV of Commission Regulation (EC) No 889/2008 of 5 September 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control (%). Under that control system the operators must notify their undertaking to the competent authority, including information on the relevant control body, and sign a declaration that they perform according to the organic rules, including the acceptance of enforcement of measures in case of infringements and irregularities. Article 30(2) of Regulation (EC) No 834/2007 provides for the communication of information related to irregu- larities or infringements affecting the organic status of a product. To enhance efficiency, operators should inform their control authorities or control bodies of any irregu- larity or infringement affecting the organic status of their product including organic products they receive from other operators. In the light of the experience gained with the implemen- tation of the control system and in the interest of the organic sector, it is appropriate to establish a minimum L 189, 20.7.2007, p. 1. L 250, 18.9.2008, p. 1. number of samples to be taken and analysed by control authorities or control bodies every year on the basis of the general evaluation of the risk of non-compliance with the organic production rules. Where the control auth- orities or control bodies has suspicion that products not authorised for organic production are used, they should take and analyse samples of the products concerned. In such cases no minimum number of samples should apply. Samples may also be taken and analysed by control authorities or control bodies in any other case for detecting non-compliance with the Union organic requirements. In the light of the experience gained with the implemen- tation of the control system and in the interest of the organic sector, it is appropriate to provide for the trans- mission of the relevant information in cases where the operator or the subcontractors of that operator are checked by different control authorities or control bodies or where operators or their subcontractors change their control authority or control body. Adequate exchange of information and transmission of the control files of those operators should be possible in order to manage the control system, while observing the requirements of the protection of personal data as laid down in Directive 95/46EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (). Operators should accept the transmission and exchange of their data and all information relating to their activities under the control system. In order to ensure the uniform application of the control system and to avoid ambiguities, a definition of the term ‘control file’ should be included in Regulation (EC) No 889/2008. Electronic certification is referred to in Article 29(3) of Regulation (EC) No 834/2007 in relation to the form of the documentary evidence. It is appropriate to clarify that in case of electronic certification, the signature of the documentary evidence is not required if the authenticity of the documentary evidence is otherwise shown by a tamper-proof electronic method. () OJ L 281, 23.11.1995, p. 31.