1992R0094 — EN — 01.03.1997 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSION REGULATION (EEC) No 94/92
of 14 January 1992
laying down detailed rules for implementing the arrangements for imports from third countries
providedforinRegulation(EEC)No2092/91onorganicproductionofagriculturalproductsand
indications referring thereto on agricultural products and foodstuffs
(OJ L 11, 17.1.1992, p. 14)
Amended by:
Official Journal
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
Corrected by:
►C1 Corrigendum, OJ L 112, 7.5.1996, p. 20 (522/96)
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COMMISSION REGULATION (EEC) No 94/92
of 14 January 1992
laying down detailed rules for implementing the arrangements for
importsfromthirdcountriesprovidedforinRegulation(EEC)No2092/91onorganicproductionofagriculturalproductsandindica-
tions referring thereto on agricultural products and foodstuffs
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 countrymay 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 of Regula-tion (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 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 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 oneof the 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 products
(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 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, ferti-lizers or soil improvementproduct s,
— 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 forimports 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 saidmonitoring,
— 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 expertswhose 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 reportsestablished 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 toamend the details of inclusion relating to the third country in the Annexor to withdraw the entry of that country, in accordance with the proce-dure laid down in Article 14 of Regulation (EEC) No 2092/91; a similardecision may also be made where a third country has not suppliedinformation 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, orit may proceed to enable on-the-spot examination by experts it desig-
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nates. In the light of such information and/or reports, a decision may bemade to suspend inclusion, in accordance with the procedure laid downin Article 14 of Regulation (EEC) No 2092/91; a similar decision mayalso 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-spotinvestigation 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.
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▼M2
ANNEX
LIST OF THIRD COUNTRIES AND RELEVANT SPECIFICATIONS
ARGENTINA
1.Product categories:
(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.Inspection bodies: Instituto Argentino para la Certificación y Promoción de
Productos Agropecuarios Orgánicos SRL (Argencert) and Organización Inter-nacional Agropecuaria (OIA)
4.Certificate issuing bodies: as at3
5.Duration of the inclusion: 30. 6. 2000
AUSTRALIA
1.Product categories:
(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.Inspection body: Australian Quarantine and Inspection Service (AQUIS)
4.Certificate issuing body: as at3
5.Duration of the inclusion: 30. 6. 2000
HUNGARY
1.Product categories:
(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 bodies: Biokultura Association and Skal
4.Certificate issuing bodies: Biokultura Association and Skal (Office in
Hungary)
5.Duration of the inclusion: 30. 6. 1998
ISRAEL
1.Product categories:
(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 bodies: Ministry of Agriculture, Plant Protection and Inspection
Services (PPIS), or Ministry of Industry and Trade, Food and VegetablesProducts, Export Foodstuffs Inspection Service
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4.Certificate issuing body: as at3
5.Duration of the inclusion: 30. 6. 2000
SWITZERLAND
1.Product categories:
(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 Switzerland or have beenimported into Switzerland:
— either from the European Community,
— or from a third country in the framework of a regime which is recognized
equivalent in accordance with the provisions of Article 11 (1) of Regula-tion (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) No2092/91 that the same product was produced and inspected in that countryunder the same arrangements as accepted by the EU Member State
3.Inspection bodies: Vereinigung Schweizerischer Biologischer Landbauorga-
nisationen (VSBLO), Institut für Marktökologie (IMO) and Forschungsinstitutfür Biologischen Landbau (FIBL)
4.Certificate issuing body: as at3
5.Duration of the inclusion: 30. 6. 1998.