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"BCOMMISSION REGULATION (EEC) No 94/92
of 14 January 1992
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 and
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
"M3 Commission Regulation (EC) No 1367/98 of 29 June 1998 L 185 11 30.6.1998
"M4 Commission Regulation (EC) No 548/2000 of 14 March 2000 L 67 12 15.3.2000
"M5 Commission Regulation (EC) No 1566/2000 of 18 July 2000 L 180 17 19.7.2000
"M6 Commission Regulation (EC) No 1616/2000 of 24 July 2000 L 185 62 25.7.2000
"M7 Commission Regulation (EC) No 2426/2000 of 31 October 2000 L 279 19 1.11.2000
"M8 Commission Regulation (EC) No 349/2001 of 21 February 2001 L 52 14 22.2.2001
Corrected by:
"C1 Corrigendum, OJ L 112, 7.5.1996, p. 20 (522/96)
"C2 Corrigendum, OJ L 230, 12.9.2000, p. 20 (548/2000)1992R0094 — EN — 25.02.2001 — 007.001 — 1
COMMISSION REGULATION (EEC) No 94/92
of 14 January 1992
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 and
indications referring thereto on agricultural products and foodstuffs
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community,
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 third country
may be marketed only where they originate in a third country appearing
in a list to be drawn up; whereas Article 11 (2) specifies the 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 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
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 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 the
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
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 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 in one of
the official Community languages and comprising all the information
needed for the Commission to ensure that the conditions set out in!B
(1) OJ No L 198, 22. 7. 1991, p. 1.1992R0094 — EN — 25.02.2001 — 007.001 — 2
Article 11 (2) of Regulation (EEC) No 2092/91 are met for products
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 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
production stage, namely plant protection products, detergents,
fertilizers or soil improvement products,
— the ingredients of non-agricultural origin authorized in pro-
cessed products, and the processes and treatments authorized
during 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 out
inspections,
— detailed rules for inspections on agricultural holdings and in
preparation units, and the penalties which may be imposed in the
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
inspection system, including the issue of certificates. The name
and 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
production 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 rules
governing production and inspection in the third country are equivalent
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 reports
established by independent experts be presented on the effective
implementation of the production rules and inspection rules in the third
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 third country 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 country in the Annex!B1992R0094 — EN — 25.02.2001 — 007.001 — 3
or to withdraw the entry of that country, in accordance with the procedure
laid down in Article 14 of Regulation (EEC) No 2092/91; a similar
decision may also be made where a third country has 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 to the actual
implementation of the measures described, it may ask the third country
concerned for any information required, including the presentation of
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 also
be made in cases where a third country has not supplied the information
requested by the final date specified 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.!B1992R0094 — EN — 25.02.2001 — 007.001 — 4
ANNEX
LIST OF THIRD COUNTRIES AND RELEV ANT SPECIFICATIONS
ARGENTINA
1. Product categories:
(a) unprocessed crop products and livestock and unprocessed livestock
products within the meaning of Article 1(1)(a) of Regulation (EEC)No 2092/91, with the exception of:
— livestock and livestock products, bearing or intended to bear
indications 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 with the 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. Inspection bodies:
— Instituto Argentino para la Certificación y Promoción de Productos
Agropecuarios Orgánicos SRL (Argencert)
— Oragnización Internacional Agropecuaria (OIA)
— Letis SA
4. Certificate issuing bodies: as at point 3.
5. Duration of the inclusion: 30 June 2003
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."
M5Inspection bodies:
— Australian 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. (OV AA)— Organic Herb Growers of Australia Inc. (OHGA)
— Organic Food Chain Pty Ltd (OFC)
— National Association of Sustainable Agriculture, Australia
(NASAA) 3!
M2
!M6
!M7
!M6
!M8
!M2
!M31992R0094 — EN — 25.02.2001 — 007.001 — 5
4. Certificate issuing bodies: as at 3
5. Duration of the inclusion : 30.6.2003
CZECH REPUBLIC
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) No2092/91
2. Origin : Products of category 1(a) and organically grown ingredients in
products of category 1(b) have been grown in Czech Republic
3. Inspection body : KEZ o.p.s.
4. Certificate issuing body:
— Department of Structural Policy and Ecology (Ministry of Agricul-
ture)
— KEZ o.p.s.
5. Duration of the inclusion : 30.6.2003.
HUNGAR Y
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) No2092/91
2. Origin: Products of category 1(a) and organically produced ingredients in
products of category 1(b) that have been produced in Hungary or have
been imported into Hungary:
— either from the European Community,
— or from a non-member country in the framework of a regime which is
recognised equivalent in accordance with the provisions of Article
11(1) of Regulation (EEC) No 2092/91
3. Inspection body : Biokontroll Hungária Közhasznú Társaság (Biokontroll
Hungária Kht) and Skal
4. Certificate issuing body : Biokontroll Hungária Közhasnú Társaság and
Skal (Office in Hungary)
5. Duration of the inclusion : 30.6.2003
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) No2092/91!
M3
!M4
!C2
!M2
!M8
!M4
!M21992R0094 — EN — 25.02.2001 — 007.001 — 6
2."M6 Origin: Products of category 1(a) and organically produced
ingredients 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 with the provisions of Article11(1) of Regulation (EEC) No 2092/91 3
3. Inspection authority : Plant Protection and Inspection Services (PPIS)
(Ministry of Agriculture and Rural Development)
4. Certificate issuing authority: as at 35. Duration of the inclusion : 30.6.2003
SWITZERLAND
1. Product categories:
(a) unprocessed crop products and livestock and unprocessed livestock
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,
— 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, 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,
— products containing beekeeping products, produced in Switzer-
land, 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 havebeen imported into Switzerland:
— either from the European Community,
— or from a third country in the framework of a regime which is
recognised equivalent in accordance with the provisions of Article
11(1) of Regulation (EEC) No 2092/91,
— or from a third country for which an EC Member State has recognised
in accordance with the provisions of Article 11(6) of Regulation
(EEC) No 2092/91 that the same product has been produced andinspected in that country under the same arrangements as accepted bythe EC 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 point 3.
5. Duration of the inclusion: 31 December 2002.!
M2
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!M3
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!M61992R0094 — EN — 25.02.2001 — 007.001 — 7