1992R0094 — EN — 01.07.1998 — 002.001 — 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 theretoonagriculturalproductsandfoodstuffs
(OJ L 11, 17.1.1992, p. 14)
Amended by:
OfficialJournal
No page date
►M1 Commission Regulation (EC) No 522/96 of 26 March 1996 L 77 10 27.3.1996
►M2 Commission Regulation (EC) No 314/97 of 20 February 1997 L 51 34 21.2.1997
►M3 Commission Regulation (EC) No 1367/98 of 29 June 1998 L 185 11 30.6.1998
Corrected by:
►C1 Corrigendum, OJ L 112, 7.5.1996, p. 20 (522/96/EC)
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COMMISSIONREGULATION(EEC)No94/92
of14January1992
laying down detailed rules for implementing the arrangements for
importsfromthird countriesprovidedforinRegulation(EEC)No2092/91onorganicproductionofagriculturalproductsandindica-
tionsreferring theretoonagricultural productsandfoodstuffs
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to CouncilRegul ation (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 par-
ticular 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) specifiesthe conditions which have to be met for a third country to be included
in that 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 thelist;
Whereas the measures provided for in this Regulation are in accor-
dance with the opinion of the Committee provided for in Article 14 ofRegulation (EEC) No 2092/91,
HAS ADOPTED THIS REGULATION:
Article 1
The list of third countries referred to in Article 11 (1) (a) of Regula-
tion (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 the
rules and particularly:
— the authority or the body or bodies responsible in the third country
for issuing inspection certificates with a view to importing into theCommunity,
— the inspection authority or authorities in the third country and/or
the private bodies recognized by the said third country to carry outsupervision.
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 coun-
try in the list in the Annex upon receipt of an application for inclusion
from 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 inone of the official Community languages and comprising all the infor-mation needed for the Commission to ensure that the conditions setout in Article 11 (2) of Regulation (EEC) No 2092/91 are met for pro-1992R0094 — EN — 01.07.1998 — 002.001 — 2
(1) OJ No L 198, 22. 7. 1991, p. 1.
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ducts 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-
turalproducts and foodstuffs intended for export to the Commu-nity under 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, fertili-
zers or soilimprovement products,
— the ingredients of non-agricultural origin authorized in pro-
cessed 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 carryingout inspections,
— 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 theinspection system, including the issue of certificates. The nameand the particulars of the authority responsible for the said
monitoring,
— 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 pro-duction 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 equiva-lent to those laid down in Regulation (EEC) No 2092/91, including
the presentation 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 examination 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 reportsestablished by independent experts be presented on the effectiveimplementation of the production rules and inspection rules in thethird country concerned. Moreover, where necessary, the Commission
may organize 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 thirdcountry or their implementation, that third country shall notify the
Commission thereof. In the light of such information, a decision may
be taken to amend the details of inclusion relating to the third countryin the Annex or to withdraw the entry of that country, in accordancewith the procedure laid down in Article 14 of Regulation (EEC) No2092/91; a similar decision may also be made where a third countryhas not 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 tothe actualimpl ementation of the measures described, it may ask thethird country concerned for any information required, including the1992R0094 — EN — 01.07.1998 — 002.001 — 3
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presentation of on-the-spot examination reports established by inde-
pendent experts, or it may proceed to enable on-the-spot examinationby experts it designates. In the light of such information and/or
reports, a decision may be made to suspend inclusion, in accordance
with the procedure laid down in Article 14 of Regulation (EEC) No2092/91; a similar decision may also be made in cases where a thirdcountry has not supplied the information requested by the final datespecified in the Commission's request or where a third country has not
agreed to an on-the-spot investigation to establish compliance with the
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 — 01.07.1998 — 002.001 — 4
▼M2
ANNEX
LISTOFTHIRDCOUNTRIESANDRELEVANTSPECIFICATIONS
ARGENTINA
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 ori-
gin 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 pro-
ducts of category 1 (b) have been grown in Argentina
3.Inspectionbodies: Instituto Argentino para la Certificación y Promoción de
Productos Agropecuarios Orgánicos SRL (Argencert) and Organización
InternacionalAgropecuaria (OIA)
4.Certificate issuingbodies: as at 3
5.Durationoftheinclusion: 30. 6. 2000
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 ori-
gin 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 pro-
ducts of category 1 (b) have been grown in Australia
3.Inspectionbodies:
— Australian Quarantine Inspection Service (AQIS)
— Bio-dynamic Research Institute (BDRI)
— Biological Farmers of Australia (BFA)
— Organic Vignerons Association of Australia Inc. (OVAA)— Organic Herb Growers of Australia Inc. (OHGA)
— National Association of Sustainable Agriculture, Australia (NASAA)
4. Certificate issuing bodies: as at 3
5.Durationoftheinclusion: 30. 6. 2000
HUNGARY
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 ori-
gin 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 pro-
ducts of category 1 (b) have been grown in Hungary
3.Inspectionbodies: Biokultura Association and Skal
4.Certificate issuingbodies: Biokultura Association and Skal (Office in Hun-
gary)
5. Duration of the inclusion: 30.6.2000
ISRAEL
1.Productcategories:1992R0094 — EN — 01.07.1998 — 002.001 — 5
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(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 ori-
gin 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 pro-
ducts of category 1 (b) have been grown in Israel
3. Inspection authority: Ministry of Agriculture
4. Certificate issuing authority: as at 3
5.Durationoftheinclusion: 30. 6. 2000
SWITZERLAND
1.Productcategories:
(a) unprocessed crop products within the meaning of Article 1(1)(a) of Reg-
ulation (EEC) No 2092/91, with the exception of products produced dur-
ing the conversion period, as referred to in Article 5(5) of that Regula-
tion,
(b) foodstuffs composed essentially of one or more ingredients of plant ori-
gin within the meaning of Article 1(1)(b) of Regulation (EEC) No
2092/91, with the exception of products, as referred to in Article 5(5) of
that Regulation, containing an ingredient of agricultural origin produced
during the conversion period
2.Origin: products of category 1 (a) and organically grown ingredients in pro-
ducts of category 1 (b) have been grown in Switzerland or have been
imported into Switzerland:
— either from the European Community,
— or from a third country in the framework of a regime which is recog-
nized equivalent in accordance with the provisions of Article 11 (1) ofRegulation (EEC) No 2092/91,
— or from a third country for which an EU Member State has accepted in
accordance with the provisions of Article 11 (6) of Regulation (EEC)
No 2092/91 that the same product was produced and inspected in that
country under the same arrangements as accepted by the EU Member
State
3. ‘Vereinigung Schweizerischer Biologischer Landbauorganisationen’
(VSBLO), ‘Institut für Marktökologie’ (IMO), ‘Forschungsinstitut für Biolo-
gischen Landbau’ (FIBL) and ‘Association Suisse pour Systèmes de Qualité
et Management’ (SQS)
4. Certificate issuing bodies: as at 3
5. Duration of the inclusion: 31.12.2002.1992R0094 — EN — 01.07.1998 — 002.001 — 6
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