Commission Regulation (EC) No 1918/2002 of 25 October 2002 amending Regulation (EC) No 1788/2001 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 (Text with EEA relevance)
Date: 2002-10-25
Institutions: European Commission
Subjects: agricultural product, foodstuff, import licence, marketing standard, third country

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Official Journal of the European Communities

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COMMISSION REGULATION (EC) No 1918/2002

of 25 October 2002

amending Regulation (EC) No 1788/2001 laying down detailed rules for implementing the provi-
sions 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 indica-
tions referring thereto on agricultural products and foodstuffs

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European
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 food-
stuffs (1), as last amended by Commission Regulation (EC) No
473/2002 (2), and in particular Article 11(3)(b) and Article
11(4) thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

Commission Regulation (EC) No 1788/2001 (3), as
amended by Regulation (EC) No 1113/2002 (4), estab-
lishes a certificate of inspection for imported products
and provides that those certificates shall be applied from
1 November 2002 to products imported under the
procedures established in Article 11(1) and (6) of Regula-
tion (EEC) No 2092/91.

Certain Member States have experienced some technical
difficulties when attempting to apply Regulation (EC) No
1788/2001. The Regulation should therefore,
for the
sake of transparency and in order to avoid confusion, be
clarified.

the references

to suspensive customs
In particular,
procedures pursuant
to Council Regulation (EEC) No
2913/92 of 12 October 1992 establishing the Commu-
nity Customs Code (5), as last amended by Regulation
(EC) No 2700/2000 of the European Parliament and of
the Council (6), and the references to Annex III to Regu-
lation (EEC) No 2092/91 should be updated.
In this
respect, the models of the certificate and of the extract
of the certificate, set out in Annexes I and II to Regula-
tion (EC) 1788/2001 should be updated.

Regulation (EEC) No 1788/2001 should therefore be
amended accordingly.

The need for adaptation to the amended models of the
certificate and of
the extract calls for a transitional
period during which the previous models may be used.

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

(1) OJ L 198, 22.7.1991, p. 1.
(2) OJ L 75, 16.3.2002, p. 21.
(3) OJ L 243, 13.9.2001, p. 3.
(4) OJ L 168, 27.6.2002, p. 31.
(5) OJ L 302, 19.10.1992, p. 1.
(6) OJ L 311, 12.12.2000, p. 17.

Article 1

Regulation (EC) No 1788/2001 is amended as follows:

1. In Article 4(12) the first subparagraph is replaced by the

following:

‘The first consignee shall, at the reception of the consign-
ment, 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 6
of Annex III to Regulation (EEC) No 2092/91.’

2. Article 5 is amended as follows:

(a) paragraph 1 is amended as follows:

(i) the first subparagraph is replaced by the following:

‘Where a consignment coming from a third country
is assigned to customs warehousing or
inward
processing in the form of a system of suspension as
foreseen in Council Regulation (EEC) No 2913/92
establishing the Community Customs Code (*), and
subject to one or more preparations as defined in
Article 4(3) of Regulation (EEC) No 2092/91, the
first
consignment must be subject, before the
preparation is carried out, to the measures referred
to in Article 4(1) of the present Regulation.

(*) OJ L 302, 19.10.1992, p. 1.’

(ii) the third subparagraph is replaced by the following:

inspection shall

‘After this preparation, the endorsed original of the
certificate of
the
consignment, and shall be presented to the relevant
Member State's authority, which shall verify the
consignment in view of its release for free circula-
tion.’

accompany

(b) paragraph 2 is amended as follows:

(i) the forth subparagraph is replaced by the following:

‘After the splitting, the endorsed original of each
extract of the certificate of inspection shall accom-
pany the batch concerned, and shall be presented to
the relevant Member State's authority, which shall
verify the concerned batch in view of its release for
free circulation.’

(ii) the fifth subparagraph is replaced by the following:

‘The consignee of a batch shall, at the reception
thereof complete the original of the extract of the
certificate of inspection in box 15, in order to certify
that the reception of the batch has been carried out
in accordance with Section B, point 5, of Annex III
to Regulation (EEC) No 2092/91.’

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(c) paragraph 3 is replaced by the following:

Article 2

‘3.
The preparation and splitting operations referred
to in paragraphs 1 and 2 shall be carried out in accor-
dance with the relevant provisions of Articles 8 and 9 of
Regulation (EEC) No 2092/91, the General Provisions
set out in Annex III to that Regulation and the Specific
Provisions set out in Sections B and C of that Annex,
and in particular points 3 and 6 of Section C. The
operations shall be carried out
in accordance with
Article 5 of Regulation (EEC) No 2092/91.’

For a transitional period of six months from the entry into
application of this Regulation, it shall be allowed to issue certi-
ficates of inspection which correspond to the models of Annex
I and II to Regulation (EC) No 1788/2001, not yet amended by
the present Regulation.

Article 3

3. Annexes I and II are replaced by the text in the Annex to

this Regulation.

This Regulation shall enter into force on the third day of 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.

Done at Brussels, 25 October 2002.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX

‘ANNEX I

Model of the certificate of inspection for import of products from organic production into the European
Community

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.

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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 dimensions of the boxes.

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