Proposal for a Council Regulation amending Regulation (EEC) No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs
Date: 2005-05-18
Institutions: European Commission
Subjects: agricultural product, foodstuff, marketing, organic farming

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 18.05.2005 
COM(2005) 194 final 

2005/0094 (CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EEC) No 2092/91 on organic production of agricultural products 
and indications referring thereto on agricultural products and foodstuffs 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

Article  11(6)  of  Regulation  (EEC)  No  2092/91  sets  out  that  competent  authorities  of  the 
Member States can grant authorisations to market products imported from a third country not 
included  in  the  list  referred  to  in  paragraph  1  point  (a)  of  that  Article,  until  31  December 
2005. 

In  its  Communication  to  the  Council  and  the  European  Parliament  of  10  June  2004 
concerning  the  European  Action  Plan  for  Organic  Food  and  Farming,  the  Commission 
announced that it will propose an amendment to Regulation (EEC) No 2092/91 replacing the 
current  derogations  for  imports  by  a  new  permanent  system  making  use  of  technical 
equivalency evaluations by bodies assigned by the Community for that purpose. 

Sufficient  time  is  needed  to  develop  and  establish  this  new  permanent  system.  In  the 
meantime, trade in organic products should not be unnecessarily disrupted and therefore the 
existing transitional measures should be extended for another year. 

The measure does not entail any financial consequences for the Community budget. 

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2005/0094 (CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EEC) No 2092/91 on organic production of agricultural products 
and indications referring thereto on agricultural products and foodstuffs 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 37 thereof, 

Having regard to the proposal from the Commission,1 

Having regard to the opinion of the European Parliament,2 

Whereas: 

(1) 

(2) 

Article  11(6)  of  Council  Regulation  (EEC)  No  2092/913  sets  out  that  competent 
authorities of the Member States can grant authorisations to market products imported 
from a third country not included in the list referred to in paragraph 1 point (a) of that 
Article, until 31 December 2005. 

In  its  Communication  to  the  Council  and  the  European  Parliament  of  10  June  2004 
concerning the European Action Plan for Organic Food and Farming4 the Commission 
announced  that  it  will  propose  an  amendment  to  Regulation  (EEC)  No  2092/91 
replacing  the  current  national  derogations  for  imports  by  a  new  permanent  system 
making  use  of  technical  equivalency  evaluations  by  bodies  assigned  by  the 
Community for that purpose. 

(3) 

Sufficient time is needed to develop and establish this new permanent system. 

(4) 

In the meanwhile trade in organic products should not be unnecessarily disrupted and 
therefore the existing transitional measures should be extended for another year. 

(5) 

Regulation (EEC) No 2092/91 should therefore be amended accordingly, 

1 
2 
3 

4 

OJ C […] […], p. […] 
OJ C […] […], p. […] 
OJ L 198, 22.7.1991, p. 1. Regulation as last amended by Commission Regulation (EC) No 2254/2004 
(OJ L 385, 29.12.2004, p. 20). 
COM(2004) 415 final. 

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HAS ADOPTED THIS REGULATION: 

Article 1 

In  the  first  subparagraph  of  Article  11(6)(a)  of  Regulation  (EEC)  No  2092/91,  the  date 
"31 December 2005" is replaced by the date "31 December 2006". 

Article 2 

This Regulation shall enter into force on the seventh day following that of its publication in 
the Official Journal of the European Union. 

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

Done at Brussels,  

For the Council 
The President 

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