1992R0094 — EN — 01.05.2004 — 013.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EEC)No94/92
of14January1992
laying down detailed rules for implementing the arrangements for imports from third countries
provided for in Regulation (EEC) No 2092/91 on organic production of agricultural products
andindicationsreferring thereto onagriculturalproductsandfoodstuffs
(OJ L 11, 17.1.1992, p. 14)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 522/96 of 26 March1996 L 77 10 27.3.1996
►M2Commission Regulation (EC) No 314/97 of 20 February 1997 L 51 34 21.2.1997
►M3Commission Regulation (EC) No 1367/98 of 29 June 1998 L 185 11 30.6.1998
►M4Commission Regulation (EC) No 548/2000 of 14 March2000 L 67 12 15.3.2000
►M5Commission Regulation (EC) No 1566/2000 of 18 July 2000 L 180 17 19.7.2000
►M6Commission Regulation (EC) No 1616/2000 of 24 July 2000 L 185 62 25.7.2000
►M7Commission Regulation (EC) No 2426/2000 of 31 October 2000 L 279 19 1.11.2000
►M8Commission Regulation (EC) No 349/2001 of 21 February 2001 L 52 14 22.2.2001
►M9Commission Regulation (EC) No 2589/2001 of 27 December 2001 L 345 18 29.12.2001
►M10Commission Regulation (EC) No 1162/2002 of 28 June 2002 L 170 44 29.6.2002
►M11Commission Regulation (EC) No 2382/2002 of 30 December 2002 L 358 120 31.12.2002
►M12Commission Regulation (EC) No 545/2003 of 27 March2003 L 81 10 28.3.2003
►M13Commission Regulation (EC) No 2144/2003 of 8 December 2003 L 322 3 9.12.2003
►M14Commission Regulation (EC) No 746/2004 of 22 April 2004 L 122 10 26.4.2004
Corrected by:
►C1Corrigendum, OJ L 112, 7.5.1996, p. 20 (522/96)
►C2Corrigendum, OJ L 230, 12.9.2000, p. 20 (548/2000)
▼B
COMMISSIONREGULATION(EEC)No94/92
of14January1992
laying down detailed rules for implementing the arrangements for
importsfromthird countriesprovided forinRegulation(EEC)No2092/91onorganicproductionofagriculturalproductsandindica-
tionsreferring thereto onagricultural productsandfoodstuffs
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 2092/91 of 24 June
1991 on organic production of agricultural products and indications
referring thereto on agricultural products and foodstuffs(
1), and in
particular Articles 11 and 16 (3) thereof,
Whereas Article 11 (1) of Regulation (EEC) No 2092/91 stipulates that,
as from 23 July 1992, products which are imported from a thirdcountry may be marketed only where they originate in a third countryappearing in a list to be drawn up; whereas Article 11 (2) specifies theconditions which have to be met for a third country to be included inthat list;
Whereas the said list should be drawn up; whereas, furthermore,
detailed rules have to be laid down for the procedure for examining
an application by a third country with a view to its inclusion in the list;
Whereas the measures provided for in this Regulation are in accor-
dance with the opinion of the Committee provided for in Article 14 of
Regulation (EEC) No 2092/91,
HAS ADOPTED THIS REGULATION:
Article 1
The list of third countries referred to in Article 11 (1) (a) of Regulation
(EEC) No 2092/91 is set out in the Annex to this Regulation.
This list gives all the information deemed necessary in respect of each
third country to permit the identification of products covered by therules and particularly:
— the authority or the body or bodies responsible in the third country
for issuing inspection certificates witha view to importing into th e
Community,
— the inspection authority or authorities in the third country and/or the
private bodies recognized by the said third country to carry out
supervision.
Furthermore, where relevant, the list may state:
— the preparation units and exporters subject to the system of inspec-
tion,
— the products covered by the rules.
Article 2
1. The Commission shall consider whether to include a third country
in the list in the Annex upon receipt of an application for inclusionfrom the representative of the third country concerned.
2. Within a period of six months from its receipt, the application for
inclusion shall be completed by a technical dossier, established in oneof the official Community languages and comprising all the informa-tion needed for the Commission to ensure that the conditions set outin Article 11 (2) of Regulation (EEC) No 2092/91 are met for products1992R0094 — EN — 01.05.2004 — 013.001 — 2
(1) OJ No L 198, 22. 7. 1991, p. 1.
▼B
intended for export to the Community. In particular, it shall comprise
the following detailed information:
(a) the types and, if possible, an estimate of the quantities of agricul-
tural products and foodstuffs intended for export to the Communityunder the rules set out in the said Article 11;
(b) the rules of production applied in the third country, viz.:
— the basic principles as set out in Annex I to Regulation (EEC)
No 2092/91,
— the products authorized for use during the agricultural produc-
tion stage, namely plant protection products, detergents,
fertilizers or soil improvement products,
— the ingredients of non-agricultural origin authorized in
processed products, and the processes and treatments authorizedduring processing;
(c) the rules on the inspection system and the organization of the
implementation of this system in the third country:
— the name of any authority responsible for inspection in the third
country and/or the private bodies in charge of carrying outinspections,
— detailed rules for inspections on agricultural holdings and in
preparation units, and the penalties which may be imposed inthe event of infringements,
— the name(s) and address(es) of the authority or the body or
bodies charged in the third country to issue certificates for
imports into the Community,
— the information needed on the organization of the monitoring of
compliance with the rules governing production and the inspec-tion system, including the issue of certificates. The name andthe particulars of the authority responsible for the said moni-
toring,
— the list of processing units and exporters to the Community; the
number of producers and the area in cultivation,
(d) If available, the on-the-spot examination reports established by
independent experts on the effective implementation of the produc-tion rules and inspection rules mentioned under (b) and (c) above.
3. When examining an application for inclusion the Commission
may request any further information needed to establish that the rulesgoverning production and inspection in the third country are equivalentto those laid down in Regulation (EEC) No 2092/91, including thepresentation of on-the-spot examination reports established by experts
whose independence was recognized by the Commission. Furthermore,
where necessary, the Commission may proceed to an on-the-spot exam-ination by experts it designated.
4. The inclusion of a third country in the list in the Annex may be
linked to the condition that regular on-the-spot examination reports
established by independent experts be presented on the effective imple-mentation of the production rules and inspection rules in the thirdcountry concerned. Moreover, where necessary, the Commission mayorganize an on-the-spot examination by experts it designates.
5. If, after a third country has been included in the list in the Annex,
any changes are made to the measures in force in the third country ortheir implementation, that third country shall notify the Commissionthereof. In the light of such information, a decision may be taken to
amend the details of inclusion relating to the third country in the
Annex or to withdraw the entry of that country, in accordance withthe procedure laid down in Article 14 of Regulation (EEC) No 2092/91; a similar decision may also be made where a third country hasnot supplied information required under this paragraph.
6. If, after a third country has been included in the list in the Annex,
the Commission obtains may information raising doubts as to the actualimplementation of the measures described, it may ask the third countryconcerned for any information required, including the presentation ofon-the-spot examination reports established by independent experts, or1992R0094 — EN — 01.05.2004 — 013.001 — 3
▼B
it may proceed to enable on-the-spot examination by experts it desig-
nates. In the light of such information and/or reports, a decision maybe made to suspend inclusion, in accordance withth e procedure laid
down in Article 14 of Regulation (EEC) No 2092/91; a similar decision
may also be made in cases where a third country has not supplied theinformation requested by the final date specified in the Commission'srequest or where a third country has not agreed to an on-the-spot inves-tigation to establishcompliance withth e conditions for inclusion.
Article 3
This Regulation shall enter into force on the seventh day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable
in all Member States.1992R0094 — EN — 01.05.2004 — 013.001 — 4
▼M2
ANNEX
LISTOFTHIRDCOUNTRIESANDRELEVANTSPECIFICATIONS
ARGENTINA
1.Productcategories:
(a) unprocessed crop products and livestock and unprocessed livestock
products within the meaning of Article 1(1)(a) of Regulation (EEC) No
2092/91, withth e exception of:
— livestock and livestock products, bearing or intended to bear indica-
tions referring to conversion;
(b) processed agricultural crop and livestock products intended for human
consumption within the meaning of Article 1(1)(b) of Regulation (EEC)
No 2092/91 withth e exception of:
— livestock products bearing or intended to bear indications referring to
conversion.
2.Origin:Products of category 1(a) and organically produced ingredients in
products of category 1(b) that have been produced in Argentina.
3.Inspectionbodies:
— Instituto Argentino para la Certificación y Promoción de Productos Agro-
pecuarios Orgánicos SRL (Argencert)
— Oragnización Internacional Agropecuaria (OIA)
— Letis SA
— Food Safety SA
4.Certificate issuingbodies: as at point 3.
5.Durationoftheinclusion: 30.6.2008
AUSTRALIA
1.Productcategories:
(a) unprocessed crop products within the meaning of Article 1 (1) (a) of
Regulation (EEC) No 2092/91,
(b) foodstuffs composed essentially of one or more ingredients of plant
origin within the meaning of Article 1 (1) (b) of Regulation (EEC) No
2092/91
2.Origin:products of category 1 (a) and organically grown ingredients in
products of category 1 (b) have been grown in Australia
3.►M5 Inspectionbodies:
— Australian Quarantine and Inspection Service (AQIS) (Department of
Agriculture, Fisheries and Forestry)
— Bio-dynamic ResearchInstitute (BDRI)
— Organic Herb Growers of Australia Inc. (OHGA)
— Organic Food Chain Pty Ltd (OFC)
— National Association of Sustainable Agriculture, Australia (NASAA)
— Australian Certified Organic Inc.
4. Certificate issuing bodies: as at 31992R0094 — EN — 01.05.2004 — 013.001 — 5
▼M6
▼M7
▼M13
▼M6
▼M11
▼M2
▼M3
▼M13
▼M12
▼M5
▼M13
▼M3◄
▼M11
5.Durationoftheinclusion: 30.6.2008
COSTA RICA
1.Productcategories:
(a) unprocessed crop products within the meaning of Article 1(1)(a) of
Regulation (EEC) No 2092/91;
(b) processed crop products intended for human consumption within the
meaning of Article 1(1)(b) of Regulation (EEC) No 2092/91.
2. Origin:
Products of category 1(a) and organically produced ingredients in products of
category 1(b) that have been produced in Costa Rica.
3. Inspection bodies: Eco-LOGICA and BCS Oko-Garantie.4. Certificate issuing body: Ministerio de Agricultura y Ganadería.5. Duration of the inclusion: 30.6.2006.
ISRAEL1.Productcategories:
(a) unprocessed crop products within the meaning of Article 1 (1) (a) of
Regulation (EEC) No 2092/91,
(b) foodstuffs composed essentially of one or more ingredients of plant
origin within the meaning of Article 1 (1) (b) of Regulation (EEC) No
2092/91
2.►
M6 Origin: Products of category 1(a) and organically produced ingredi-
ents in products of category 1(b) that have been produced in Israel or have
been imported into Israel:
— either from the European Community,
— or from a third country in the framework of a regime which is recognised
equivalent in accordance withth e provisions of Article 11(1) of Regula-
tion (EEC) No 2092/91 ◄
3.Inspection authority : Plant Protection and Inspection Services (PPIS)
(Ministry of Agriculture and Rural Development)
4. Certificate issuing authority: as at 3
5.Durationoftheinclusion: 30.6.2008
SWITZERLAND
1.Productcategories:
(a) unprocessed crop products and livestock and unprocessed livestock
products within the meaning of Article 1(1)(a) of Regulation (EEC) No
2092/91, withth e exception of:
— products, produced during the conversion period, as referred to in
Article 5(5) of that Regulation,
— products from beekeeping;
(b) processed agricultural crop and livestock products intended for human
consumption within the meaning of Article 1(1)(b) of Regulation (EEC)
No 2092/91, withth e exception of:
— products, as referred to in Article 5(5) of that Regulation, containing
an ingredient of agricultural origin produced during the conversion
period,
— products containing beekeeping products, produced in Switzerland,
within the ingredients from organic production.
2.Origin:Products of category 1(a) and organically produced ingredients in
products of category 1(b) that have been produced in Switzerland or have
been imported into Switzerland:1992R0094 — EN — 01.05.2004 — 013.001 — 6
▼M12
▼M14
▼M2
▼M4
▼M3
▼M11
▼M6
▼M6
— either from the European Community,
— or from a third country in the framework of a regime which is recognised
equivalent in accordance withth e provisions of Article 11(1) of Regula-
tion (EEC) No 2092/91,
— or from a third country for which an EC Member State has recognised in
accordance withth e provisions of Article 11(6) of Regulation (EEC) No
2092/91 that the same product has been produced and inspected in that
country under the same arrangements as accepted by the EC Member
State,
— or from a third country whose production rules and inspection system
have been recognised by Switzerland as being equivalent to those estab-
lished under Swiss legislation.
3.Inspection bodies: Institut für Marktökologie (IMO), bio.inspecta AG and
Schweizerische Vereinigung für Qualitäts- und Management-Systeme (SQS).
4.Certificate issuingbodies: as at point 3.
5.Durationoftheinclusion: 30.6.2008
NEW ZEALAND
1.Productcategories:
(a) unprocessed agricultural crop products, livestock and unprocessed live-
stock products within the meaning of Article 1(1)(a) of Regulation
(EEC) No 2092/91, withth e exception of:
— livestock and livestock products bearing or intended to bear indica-
tions referring to conversion,
— products from aquaculture;
(b) processed agricultural crop and livestock products intended for human
consumption within the meaning of Article 1(1)(b) of Regulation (EEC)
No 2092/91, withth e exception of:
— livestock products bearing or intended to bear indications referring to
conversion,
— products containing products from aquaculture.
2. Origin:
Products of category 1(a) and organically produced ingredients in products of
category 1(b) that have been produced in New Zealand or have been
imported into New Zealand:
— either from the European Community,
— or from a third country within the framework of arrangements which are
recognised as equivalent to the provisions of Article 11(1) of Regulation
(EEC) No 2092/91,
— or from a third country whose rules of production and inspection system
have been recognised as equivalent to the MAF Food Official Organic
Assurance Programme on the basis of assurances and information
provided by this country's competent authority in accordance with the
provisions established by MAF and provided that only organically
produced ingredients intended to be incorporated, up to a maximum of
5 % of products of agricultural origin, in products of category 1(b)
prepared in New Zealand are imported.
3.Inspectionbodies: BIO-GRO New Zealand; Certenz.
4.►M13 Certificate issuing body: Ministry of Agriculture and Forestry
(MAF) — New Zealand Food Safety Authority (NZFSA). ◄
5.Durationoftheinclusion: 30 June 2006.1992R0094 — EN — 01.05.2004 — 013.001 — 7
▼M13
▼M6
▼M11
▼M10