Commission Regulation (EC) No 1788/2001 of 7 September 2001 laying down detailed rules for implementing the provisions concerning the certificate of inspection for imports from third countries under Article 11 of Council Regulation (EEC) No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs
Date: 2001-09-07
Institutions: European Commission
Subjects: agricultural product, foodstuff, import licence, marketing standard, organic farming, third country

13.9.2001

EN

Official Journal of the European Communities

L 243/3

COMMISSION REGULATION (EC) No 1788/2001

of 7 September 2001

laying down detailed rules for implementing the provisions concerning the certificate of inspection
for imports from third countries under Article 11 of Council 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
Community,

(6)

Article 1 of Regulation (EEC) No 2092/91 for marketing
in the Community.

The measures provided for in this Regulation are in
accordance with the opinion of the Committee referred
to in Article 14 of Regulation (EEC) No 2092/91,

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 food-
stuffs (1), as last amended by Commission Regulation (EC) No
436/2001 (2), and in particular Article 11(3)(b) and (4) thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

It is necessary to determine a procedure in order to
coordinate at Community level certain controls on prod-
ucts imported from third countries in view of these
products being marketed with indications referring to
the organic production method.

there is no such provision.

For products imported under the procedure established
in Article 11(1) of Regulation (EEC) No 2092/91, the
content of the certificate of inspection is foreseen in that
Article. For products imported under the procedure
established in Article 11(6) of Regulation (EEC) No
2092/91,
is therefore
necessary to extend the use of that certificate to prod-
ucts imported under Article 11(6) in order to ensure that
these products were manufactured according to produc-
tion rules equivalent to those laid down in Article 6 of
Regulation (EEC) No 2092/91 and were subject
to
inspection measures of equivalent effectiveness to those
referred to in Articles 8 and 9, and such inspection
measures were permanently and effectively applied in
the third country concerned.

It

Commission Regulation (EEC) No 3457/92 (3) estab-
lished a certificate of inspection for products imported
from third countries according to the provisions laid
down in Article 11(1) of Regulation (EEC) No 2092/91.
For reasons of clarity the said Regulation (EEC) No
3457/92 will be replaced by this Regulation.

This Regulation shall apply without prejudice to the
inspection system in Articles 8 and 9 of Regulation
(EEC) No 2092/91 and in Annex III, Sections B and C,
thereto.

This Regulation shall apply without prejudice to the
Community customs provisions and any other provi-
sions governing importation of products referred to in

(1) OJ L 198, 22.7.1991, p. 1.
(2) OJ L 63, 3.3.2001, p. 16.
(3) OJ L 350, 1.12.1992, p. 56.

HAS ADOPTED THIS REGULATION:

Article 1

1.
This Regulation defines detailed rules with regard to the
certificate of inspection required pursuant to Article 11(1)(b)
and (3) of Regulation (EEC) No 2092/91 and with regard to the
submission of such certificate for
imports undertaken in
accordance with the provisions of Article 11(6) of the same
Regulation.

2.

This Regulation shall not apply to products which:

— are not

intended for release for free circulation in the

Community in unaltered state or after processing,

— are admitted free of

import duties in accordance with
Council Regulation (EEC) No 918/83 (4)
setting up a
Community system of reliefs from customs duty. However,
the Regulation shall apply to products admitted free of
import duties in accordance with Articles 39 and 43 of
Regulation (EEC) No 918/83.

Article 2

For the purposes of this Regulation:

1.

2.

3.

‘certificate of
inspection’: shall mean the certificate of
inspection that covers a consignment and is foreseen by
Article 11(1)(b) of Regulation (EEC) No 2092/91 and by
Article 3, Article 4 and Annex I of this Regulation;

‘consignment’: shall mean a quantity of products under one
or more Combined Nomenclature Codes, covered by a
single certificate of inspection, conveyed by the same means
of transport and coming from the same third country;

‘verification of the consignment’: shall mean the verification
by the relevant Member States' authorities of the certificate
of
inspection to satisfy Article 4(2), and, where these
authorities consider appropriate, of the products in relation
to the requirements of Regulation (EEC) No 2092/91;

(4) OJ L 105, 23.4.1983, p. 1.

L 243/4

EN

Official Journal of the European Communities

13.9.2001

4.

5.

‘release for free circulation in the Community’: shall mean
the clearance given by the customs authorities to allow a
consignment free movement within the Community;

‘relevant Member States' authorities’: shall mean the customs
authorities or other authorities, defined by the Member
State.

Article 3

Article 11(1)(b), regarding the requirements of
issuing the
certificate of inspection and Article 11(3) of Regulation (EEC)
No 2092/91, shall apply for release for free circulation in the
Community of products referred to in Article 1 of Regulation
(EEC) No 2092/91, whether these products are imported in
order to be marketed pursuant to Article 11(1) or (6) of that
Regulation.

Article 4

1.
The release for free circulation in the Community of a
consignment of products referred to in Article 1 of Regulation
(EEC) No 2092/91 shall be conditional on:

(a) the submission of an original certificate of inspection to the

relevant Member State's authority, and

(b) on the verification of the consignment by the relevant
Member State's authority and the endorsement of the certif-
icate of inspection in accordance with paragraph 11.

The original certificate of inspection shall be established
2.
in accordance with paragraphs 3 to 10 hereunder and the
model and the notes of Annex I.

3.

The certificate of inspection shall be issued by:

(a) the authority or body in the third country mentioned for
the third country concerned in the Annex to Commission
Regulation (EEC) No 94/92 (1), or

(b) the authority or body which has been accepted for issuing
the certificate of inspection under the procedure laid down
in Article 11(6) of Regulation (EEC) No 2092/91.

The authority or body issuing the certificate of inspection

4.
shall:

(a) only issue the certificate of inspection and endorse the
declaration in box 15, after it has carried out a documen-
tary check on the basis of all relevant inspection docu-
ments, including in particular the production plan for the
products concerned, transport documents and commercial
documents, and after the authority or body has either made
a physical check of the consignment concerned before it is
expedited from the third country of dispatch, or has
received an explicit declaration of the exporter declaring
that the consignment concerned has been produced and/or
prepared in accordance with the provisions which are
implemented by the authority or body concerned in respect
of the import and marketing in the European Community
of products referred to in Article 1 of Regulation (EEC) No
2092/91 in accordance with Article 11(1) or (6) of that
Regulation;

(b) give a serial number to each issued certificate and keep a

register of the delivered certificates.

5.
The certificate of inspection shall be drawn up in one of
the official languages of the Community and filled in, except
for the stamps and signatures, either entirely in capital letters
or entirely in typescript.

The certificate of inspection shall preferably be in one of the
official languages of the Member State of destination. Where
necessary, the relevant Member State's authorities may request
a translation of the certificate of inspection in one of its official
languages.

Uncertified alterations or erasures shall invalidate the certificate.

The certificate of inspection shall be made in one single

6.
original.

The first consignee or, where relevant, the importer may make
a copy for the purpose of informing the inspection authority or
body in accordance with Section C, point 3, of Annex III to
Regulation (EEC) No 2092/91. Any such copy shall carry the
indication ‘COPY’ or ‘DUPLICATE’ printed or stamped thereon.

7.
The certificate of inspection in paragraph 3(b) shall, at the
time it is submitted in accordance with paragraph 1, include in
box 16 the declaration of the competent authority in the
Member State which granted the authorisation according to the
procedure in Article 11(6) of Regulation (EEC) No 2092/91.

8.
The competent authority in the Member State which
granted the authorisation may delegate the competence for the
declaration in box 16 to the inspection authority or body
inspecting the importer in accordance with Articles 8 and 9 of
Regulation (EEC) No 2092/91, or to the authorities defined as
the Member State's relevant authorities.

9.

The declaration in box 16 is not required:

(a) when the importer presents an original document, issued
by the competent authority of the Member State which
granted the authorisation in accordance with Article 11(6)
of Regulation (EEC) No 2092/91, and demonstrating that
the consignment is covered by that authorisation, or

(b) when the Member State's authority, which granted the
authorisation in Article 11(6), has given satisfactory
evidence that the consignment is covered by that author-
isation, directly to the authority in charge of the verifica-
tion of the consignment. This procedure of direct informa-
tion is optional for the Member State which granted the
authorisation.

The document giving the evidence required for

10.
subparagraphs 9(a) and (b), shall

include:

in

— the reference number of the import authorisation and the

date of expiration of the authorisation,

— the name and address of the importer,

— the third country of origin,

— the details of the issuing body or authority, and, where
different, the details of the inspection body or authority in
the third country,

(1) OJ L 11, 17.1.1992, p. 14.

— the names of the products concerned.

13.9.2001

EN

Official Journal of the European Communities

L 243/5

At

the verification of a consignment of products
11.
referred to in Article 1 of Regulation (EEC) No 2092/91, the
original certificate of inspection shall be endorsed by the rele-
vant Member State's authorities in box 17 and returned to the
person who submitted the certificate.

The first consignee shall, at

12.
the
consignment, complete box 18 of the original of the certificate
of inspection, to certify that the reception of the consignment
has been carried out in accordance with Section C, point 7, of
Annex III to Regulation (EEC) No 2092/91.

the reception of

The first consignee will then send the original of the certificate
to the importer mentioned in box 11 of the certificate, for the
purpose of the requirement of Article 11(3)(a) of Regulation
(EEC) No 2092/91, unless the certificate has to further accom-
pany the consignment for a preparation referred to in Article
5(1) of the present Regulation.

Article 5

1. Where, under a suspensive customs procedure under
Council Regulation (EEC) No 2913/92 (1) establishing the
Community Customs Code, a consignment coming from a
third country is intended to be submitted in a Member State,
before its release for free circulation in the Community, to one
or more preparations as defined in Article 4(3) of Regulation
(EEC) No 2092/91 and which may be carried under Articles
522(1) and 552(1)(a)(iv) of Commission Regulation (EEC) No
2454/93 (2) laying down provisions for the implementation of
Regulation (EEC) No 2913/92,
the consignment must be
subject, before the first preparation is carried out, to the meas-
ures referred to in Article 4(1) of the present Regulation.

The preparation can include operations such as:
— packaging or re-packaging, or
— labelling concerning the presentation of

the organic

production method.

After this preparation, the endorsed original of the certificate of
inspection shall accompany the consignment, and will be
presented to the relevant Member State's authority to comply
with Article 4(1) in view of the release for free circulation of
the consignment.

After this procedure, the original of the certificate of inspection
is, where relevant, returned to the importer of the consign-
ment, mentioned in box 11 of
the certificate to fulfil
the requirement of Article 11(3)(a) of Regulation (EEC) No
2092/91.

2. Where, under a suspensive customs procedure pursuant
to Council Regulation (EEC) No 2913/92, a consignment
coming from a third country is intended to be submitted in a
Member State, before its release for free circulation in the
Community, to a splitting into different batches, the consign-
ment must be subject, before this splitting is carried out, to the
measures referred to in Article 4(1).

For each of the batches which results from the splitting, an
extract of the certificate of inspection shall be submitted to the
in accordance with the
relevant Member State's authority,

(1) OJ L 302, 19.10.1992, p. 1.
(2) OJ L 253, 11.10.1993, p. 1.

model and the notes of Annex II. The extract of the certificate
of inspection shall be endorsed by the relevant Member States'
authorities in box 14.

A copy of each endorsed extract of the certificate of inspection
shall be kept together with the original certificate of inspection
by the person identified as the original importer of the consign-
ment and mentioned in box 11 of the certificate of inspection.
Such copy shall carry the indication ‘COPY’ or ‘DUPLICATE’
printed or stamped thereon.

After the splitting, the endorsed original of each extract of the
certificate of inspection shall accompany the batch concerned,
and will be presented to the relevant Member State's authority
to comply with Article 4(1) in view of release for free circula-
tion of the batch concerned.

The consignee of a batch shall, at
the reception thereof
complete the original of the extract of the certificate of inspec-
tion in box 15, in order to certify that the reception of the
batch has been carried out in accordance with Section B, point
6, of Annex III to Regulation (EEC) No 2092/91.

The consignee of a batch shall keep the extract of the certificate
of inspection at the disposal of the inspection body and/or
inspection authority for not less than two years.

3.
The preparation and splitting operations referred to in
paragraphs 1 and 2 shall be carried out in accordance with the
relevant provisions of Articles 8 and 9 of Regulation (EEC) No
2092/91 as well as of Annex III, Sections B and C, thereto and
in particular points 3 and 7 of Section C. The operations shall
be carried out according to Article 5 of Regulation (EEC) No
2092/91.

Article 6

Without prejudice to any measures or actions taken in accord-
ance with Article 9(9) and/or 10a of Regulation (EEC) No
2092/91, the release for free circulation in the Community of
products not complying with the requirements of that Regula-
tion shall be conditional on the removal of references to the
organic production method from the labelling, advertising and
accompanying documents.

Article 7

The relevant Member State's authorities and the authorities in
the Member States responsible for the implementation of Regu-
lation (EEC) No 2092/91, as well as the inspection authorities
and inspection bodies, shall assist each other in applying this
Regulation.

Before 1 April 2002 Member States shall inform each other
and the Commission on the authorities they have defined in
the context of Article 2(5), as well as on the delegations they
have given for the implementation of Article 4(8) and on the
procedures, if any, followed under Article 4(9)(b). This informa-
tion shall be updated by Member States as and when changes
occur.

L 243/6

EN

Official Journal of the European Communities

13.9.2001

Commission Regulation (EEC) No 3457/92 shall be repealed as from 1 July 2002.

Article 8

This Regulation shall enter into force on the seventh day following its publication in the Official Journal of
the European Communities and it shall apply from 1 July 2002.

Article 9

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 7 September 2001.

For the Commission

Franz FISCHLER

Member of the Commission

13.9.2001

EN

Official Journal of the European Communities

L 243/7

MODEL OF THE CERTIFICATE OF INSPECTION FOR IMPORT OF PRODUCTS FROM ORGANIC PRODUC-
TION INTO THE EUROPEAN COMMUNITY

ANNEX I

The model of the certificate is determined with regard to:

— the text,

— the format, on one single sheet,

— the layout and the dimensions of the boxes.

13.9.2001

EN

Official Journal of the European Communities

L 243/9

L 243/10

EN

Official Journal of the European Communities

13.9.2001

13.9.2001

EN

Official Journal of the European Communities

L 243/11

L 243/12

EN

Official Journal of the European Communities

13.9.2001

ANNEX II

MODEL OF THE EXTRACT OF THE CERTIFICATE OF INSPECTION

The model of the extract is determined with regard to:

— the text,

— the format,

— the layout and the dimension of the boxes.

13.9.2001

EN

Official Journal of the European Communities

L 243/13

L 243/14

EN

Official Journal of the European Communities

13.9.2001