1992R0094 — EN — 18.03.2000 — 003.001 — 1
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►B COMMISSIONREGULATION(EEC)No94/92
of14January1992
laying down detailed rules for implementing the arrangements for imports from third countries
providedforinRegulation(EEC)No2092/91onorganicproductionofagriculturalproductsand
indicationsreferring theretoonagricultural productsandfoodstuffs
(OJ L 11, 17.1.1992, p. 14)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 522/96 of 26 March 1996 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 March 2000 L 67 12 15.3.2000
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 countriesprovidedforinRegulation(EEC)No2092/91 on organic production of agricultural products andindicationsreferringtheretoonagriculturalproductsandfoodstuffs
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 indicationsreferring 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 third country
may be marketed only where they originate in a third country appearingin a list to be drawn up; whereas Article 11 (2) specifies the conditionswhich 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 anapplication by a third country with a view to its inclusion in the list;
Whereas the measures provided for in this Regulation are in accordance
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 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 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 out
supervision.
Furthermore, where relevant, the list may state:
— the preparation units and exporters subject to the system of
inspection,
— 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 inclusion fromthe 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 one ofthe official Community languages and comprising all the informationneeded for the Commission to ensure that the conditions set out inArticle 11 (2) of Regulation (EEC) No 2092/91 are met for products1992R0094 — EN — 18.03.2000 — 003.001 — 2
(1) OJ No L 198, 22. 7. 1991, p. 1.
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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 agricultural
products and foodstuffs intended for export to the Community underthe 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 production
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 authorized duringprocessing;
(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 in theevent 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 theproduction 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 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-spotexamination by experts it designated.
4. The inclusion of athird country in the list in the Annex ma y 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 the thirdcountry 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 third country ortheir 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 country in the Annexor to withdraw the entry of that country, in accordance with theprocedure laid down in Article 14 of Regulation (EEC) No 2092/91; asimilar decision may also be made where a third country has notsupplied 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 of1992R0094 — EN — 18.03.2000 — 003.001 — 3
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on-the-spot examination reports established by independent experts, or it
may proceed to enable on-the-spot examination by 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) No 2092/91; a similar decision may alsobe made in cases where a third country has not supplied the informationrequested by the final date specified in the Commission's request orwhere 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 — 18.03.2000 — 003.001 — 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 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 Argentina
3.Inspectionbodies: Instituto Argentino para la Certificación y Promoción de
Productos Agropecuarios Orgánicos SRL (Argencert) and Organización
Internacional Agropecuaria (OIA)
4.Certificate issuingbodies: asat3
5.Durationoftheinclusion : 30.6.2003
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.Inspectionbodies:
—►M4Australian Quarantine and Inspection Service (AQIS) (Department
of Agriculture, Fisheries and Forestry) ◄
— 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 : 30.6.2003
CZECH REPUBLIC
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 Czech Republic
3.Inspectionbody : KEZ o.p.s.
4. Certificate issuing body:
— Department of Structural Policy and Ecology (Ministry of Agriculture)
— KEZ o.p.s.
5.Durationoftheinclusion : 30.6.2003.1992R0094 — EN — 18.03.2000 — 003.001 — 5
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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 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 Hungary
3.Inspection body : Biokontroll Hungária Közhasznú Társaság (Biokontroll
Hungária Kht) and Skal
4.Certificateissuingbody : Biokontroll Hungária Közhasnú Társaság and Skal
(Office in Hungary)
5.Durationoftheinclusion : 30.6.2003
ISRAEL
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 Israel
3.Inspection authority : Plant Protection and Inspection Services (PPIS)
(Ministry of Agriculture and Rural Development)
4. Certificate issuing authority: as at 35.Durationoftheinclusion : 30.6.2003
SWITZERLAND
1.Productcategories:
(a) unprocessed crop products within the meaning of Article 1(1)(a) of
Regulation (EEC) No 2092/91, with the exception of products produced
during the conversion period, as referred to in Article 5(5) of that
Regulation,
(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,
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
products of category 1 (b) have been grown in Switzerland or have been
imported into Switzerland:
— either from the European Community,
— or from athird country in the fra mework of aregime which is recognized
equivalent in accordance with the provisions of Article 11 (1) of
Regulation (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 countryunder the same arrangements as accepted by the EU Member State
3.Inspection bodies: Institut für Marktökologie (IMO), bio.inspecta AG and
Schweizerische Vereinigung für Qualitäts und Management-Systeme (SQS)
4. Certificate issuing bodies: as at 31992R0094 — EN — 18.03.2000 — 003.001 — 6
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▼M4
▼M3
▼M4
▼M2
▼M3
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▼M4
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5. Duration of the inclusion: 31.12.2002.1992R0094 — EN — 18.03.2000 — 003.001 — 7