Commission Regulation (EC) No 1162/2002 of 28 June 2002 amending Regulation (EEC) No 94/92 laying down detailed rules for implementing the arrangements for imports from third countries provided for in Council Regulation (EEC) No 2092/91 (Text with EEA relevance)
Date: 2002-06-28
Institutions: European Commission
Subjects: New Zealand, agricultural product, import, import policy, originating product

L 170/44

EN

Official Journal of the European Communities

29.6.2002

COMMISSION REGULATION (EC) No 1162/2002

of 28 June 2002

amending Regulation (EEC) No 94/92 laying down detailed rules for implementing the arrange-
ments for imports from third countries provided for in Council Regulation (EEC) No 2092/91

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Commu-
nity,

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
473/2002 (2), and in particular Article 11(1) thereof,

Whereas:

(1)

(2)

(3)

(4)

The list of third countries from which certain agricultural
products obtained by the organic production method
must originate in order to be marketed within the Com-
munity, provided for in Article 11(1) of Regulation (EEC)
No 2092/91,
is set out in the Annex to Commission
Regulation (EEC) No 94/92 (3), as last amended by Regu-
lation (EC) No 2589/2001 (4). That list was drawn up in
accordance with Article 11(2) of Regulation (EEC) No
2092/91.

New Zealand submitted to the Commission a request to
be included in the list provided for in Article 11(1) of
Regulation (EEC) No 2092/91. Its authorities submitted
the information required pursuant
to Article 2(2) of
Regulation (EEC) No 94/92.

The examination of this information and consequent dis-
cussion with the authorities of New Zealand has led to
the conclusion that in that country the rules governing
production and inspection of agricultural products are
equivalent to those laid down in Regulation (EEC) No
2092/91.

Imports from New Zealand to the European Community
take place currently according to Article 11(6) of (EEC)
Regulation No 2092/91. Producers and exporters will
need a transitional period in order to adapt themselves
to the Food Official Organic Assurance Programme.

(5)

(6)

(7)

(8)

The duration of New Zealand’s inclusion in the list
should be subject to the outcome of the on-the-spot
check of the rules of production and the inspection mea-
sures actually applied in New Zealand, provided for in
Article 11(5) of Regulation (EEC) No 2092/91.

New Zealand authorities have provided the Commission
with all the necessary guarantees and information which
satisfy the requirement that the inspection bodies meet
the criteria laid down in Article 11(2) of Regulation
(EEC) No 2092/91.

Regulation (EEC) No 94/92 should therefore be amended
accordingly.

The measures provided for in this Regulation are in ac-
cordance with the opinion of the Committee mentioned
in Article 14 of Regulation (EEC) No 2092/91,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EEC) No 94/92 is amended as set out
in the Annex to this Regulation.

Article 2

During a transitional period expiring on 30 June 2003, the
New Zealand Ministry of Agriculture and Forestry (MAF) may
also issue the certificate referred to in Article 11(1)(b) of Regu-
lation (EEC) No 2092/91 for products for which import author-
isations have been granted and notified according to Article
11(6) of that Regulation provided that the authorisations were
granted before 1 July 2002.

(1) OJ L 198, 22.7.1991, p. 1.
(2) OJ L 75, 16.3.2002, p. 21.
(3) OJ L 11, 17.1.1992, p. 14.
(4) OJ L 345, 29.12.2001, p. 18.

Article 3

This Regulation shall enter into force on 1 July 2002.

29.6.2002

EN

Official Journal of the European Communities

L 170/45

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

Done at Brussels, 28 June 2002.

For the Commission

Franz FISCHLER

Member of the Commission

In the Annex to Regulation (EEC) No 94/92 , the following text is added after the text referring to Switzerland:

ANNEX

‘New Zealand

1. Product categories:

(a) unprocessed agricultural crop products, livestock and unprocessed livestock products within the meaning of Arti-

cle 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,
— products from aquaculture;

(b) processed agricultural crop and livestock products intended for human consumption within the meaning of Arti-

cle 1(1)(b) of Regulation (EEC) No 2092/91, with the exception of:
— livestock products bearing or intended to bear indications referring to conversion,
— products containing products from aquaculture.

2. Origin:

Products of category 1(a) and organically produced ingredients in products of category 1(b) that have been produced
in New Zealand or have been imported into New Zealand:
— either from the European Community,
— or from a third country within the framework of arrangements which are recognised as equivalent to the provi-

sions of Article 11(1) of Regulation (EEC) No 2092/91,

— or from a third country whose rules of production and inspection system have been recognised as equivalent to
the MAF Food Official Organic Assurance Programme on the basis of assurances and information provided by this
country’s competent authority in accordance with the provisions established by MAF and provided that only orga-
nically produced ingredients intended to be incorporated, up to a maximum of 5 % of products of agricultural ori-
gin, in products of category 1(b) prepared in New Zealand are imported.

3. Inspection bodies: BIO-GRO New Zealand; Certenz.

4. Certificate issuing body: New Zealand Ministry of Agriculture and Forestry (MAF).

5. Duration of the inclusion: 30 June 2006.’