Council Regulation (EC) No 1997/2006 of 19 December 2006 amending 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: 2006-12-19
Institutions: Council of the European Union
Subjects: agricultural product, foodstuff, free movement of goods, labelling, organic farming

28.12.2006

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Official Journal of the European Union

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(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1997/2006

of 19 December 2006

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

(Text with EEA relevance)

THE COUNCIL OF THE EUROPEAN UNION,

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

establishing the European

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parliament (1),

Whereas:

(1)

(2)

(3)

It is necessary to advance the implementation of the
European Action Plan for Organic Food and Farming
on the basis of concrete measures with a view to
assuring simplification and overall coherence.

Organic products imported into the Community should
be allowed to be placed on the Community market
labelled with a reference to organic farming if
they
have been produced in accordance with production
rules and subject to inspection arrangements that are in
compliance with, or equivalent
to, Community legis-
lation.

countries whose

production standards

should be published.

Third
and
inspection arrangements are equivalent to those applied
in the Community should be recognised and a list
thereof
Inspection bodies or
inspection authorities competent to carry out inspection
in countries which are not on the list of recognised third
countries should also be recognised and listed. Third
country operators who produce in direct compliance
with Community rules should be allowed to submit
their activities to inspection bodies and inspection autho-
rities recognised by the Commission for this purpose.

(4)

(5)

Council Regulation (EEC) No 2092/91 of 24 June 1991
on organic production of agricultural products and indi-
cations referring thereto on agricultural products and
foodstuffs (2) provides for the possibility for Member
States to grant until 31 December 2006 authorisations
to importers for the placing on the Community market
of individual products under certain conditions. It should
be amended to replace that
import scheme with a
scheme applicable after that date.

In order not to disrupt international trade, it is necessary
to extend the possibility for Member States to continue
to grant authorisations to importers on a case by case
basis for the placing on the Community market of
products until the measures necessary for the functioning
in
of the new import scheme have been put in place,
particular as regards the recognition of inspection bodies
and inspection authorities
to carry out
inspection in those countries which are not on the list
of recognised third countries.

competent

(6)

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

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 2092/91 is hereby amended as follows:

1. In Article 10(1), point (b) shall be replaced by the following:

‘(b) have been subject to the inspection system referred to in
Article 9, or have been imported in conformity with
Article 11;

in the

case of products

however,
imported in
conformity with Article 11(6), the implementation of
the inspection system shall comply with requirements
equivalent to those provided for in Article 9, and in
particular paragraph 4 thereof.’

(1) Opinion delivered on 28 September 2006 (not yet published in the

Official Journal).

(2) OJ L 198, 22.7.1991, p. 1. Regulation as

last amended by
Commission Regulation (EC) No 780/2006 (OJ L 137, 25.5.2006,
p. 9).

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2. Article 11 shall be replaced by the following:

the regular on-the-spot evaluation, monitoring and multi-
annual re-assessment of their activities.

‘Article 11

A product

1.
placed on the Community market
with indications
method provided that:

imported from a third country may be
labelled as a product
to the organic production

referring

(a)

the product complies with the provisions set out
Articles 5 and 6 of this Regulation;

in

(b) all operators,

including the exporters, have submitted
their activities to an inspection body or an inspection
authority recognised in accordance with paragraph 2;
and,

(c)

the operators concerned shall be able to provide at any
time, to the importers or the national authorities, docu-
mentary evidence permitting the identification of
the
operator who carried out
the last operation and the
type or range of products under his control, as well as
permitting verification of compliance by that operator
with points (a) and (b), and the period of validity.

The Commission shall,

referred to in Article 14(2),

in accordance with the
2.
procedure
the
inspection bodies and inspection authorities referred to in
paragraph 1(b),
including inspection bodies and inspection
authorities referred to in Article 9, competent to carry out
inspections and to issue documentary evidence referred to in
paragraph 1(c) in third countries, and shall establish a list of
those inspection bodies and inspection authorities.

recognise

The inspection bodies shall be accredited to the relevant
European Standard EN 45011 or ISO Guide 65 “General
requirements
certification
for bodies operating product
systems”,
this being the version last published in the
Official Journal of the European Union, C series. The inspection
bodies shall undergo regular on-the-spot evaluation, moni-
toring and multi-annual re-assessment of their activities by
the accreditation body.

When examining requests for recognition, the Commission
shall invite the inspection body or authority to supply all the
necessary information. The Commission may also entrust
experts with the task of examining on-the-spot the rules of
production and the inspection activities carried out in the
third country by the inspection body or inspection authority
concerned.

The recognised inspection bodies or inspection authorities
shall provide the assessment reports issued by the accredi-
tation body or, as appropriate, the competent authority on

Based on the assessment reports, the Commission, assisted
by the Member States, shall ensure appropriate supervision
of the recognised inspection bodies and inspection autho-
rities by regularly reviewing their recognition. The nature
of the supervision shall be determined on the basis of an
assessment of the risk of the occurrence of irregularities or
infringements of the provisions of this Regulation.

3.
A product imported from a third country may also be
placed on the Community market labelled as a product with
indications referring to the organic production method,
provided that:

(a)

the product has been produced in accordance with
production standards equivalent to the production rules
laid down in Articles 5 and 6 for organic production in
the Community;

(b) the operators have been subject to inspection measures
equivalent to those referred to in Articles 8 and 9, and
such inspection measures have been permanently and
effectively applied;

(c)

the operators at all stages of production, preparation and
distribution in the third country have submitted their
in
activities
accordance with paragraph 4 or an inspection body or
inspection authority recognised in accordance with
paragraph 5; and,

to an inspection system recognised

(d) the product

competent

is covered by a certificate of
authorities or

inspection
inspection
issued by the
bodies or inspection authorities of
the third country
recognised in accordance with paragraph 4, or by an
inspection body or inspection authority recognised in
accordance with paragraph 5, which confirms that the
product satisfies the conditions set out in this paragraph.
The original of the certificate must accompany the goods
to the premises of the first consignee. Thereafter, the
importer must keep the certificate at
the disposal of
the inspection body and, as appropriate, the inspection
authority for not less than two years.

The Commission may,

in accordance with the
4.
procedure referred to in Article 14(2),
recognise third
countries whose system of production complies with rules
equivalent to those laid down in Articles 5 and 6 and whose
inspection arrangements are equivalent to those laid down in
Article 8 and 9, and may establish a list of these countries.
The assessment of equivalency shall take into account Codex
Alimentarius guidelines CAC/GL 32.

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When examining requests for recognition, the Commission
shall
invite the third country to supply all the necessary
information. The Commission may entrust to experts the
task of examining on-the-spot the rules of production and
the inspection arrangements of the third country concerned.

By 31 March of each year, the third countries so recognised
shall send a concise annual
to the Commission
regarding the implementation and the enforcement of their
inspection arrangements.

report

reports,

the
Based on the information in those annual
Commission, assisted by the Member States, shall ensure
appropriate supervision of
the recognised third countries
by regularly reviewing their recognition. The nature of the
supervision shall be determined on the basis of
an
assessment of the risk of the occurrence of irregularities or
infringements of the provisions of this Regulation.

referred to in Article 14(2),

5.
For products not imported under paragraph 1 and not
imported from a third country which is recognised under
paragraph 4, the Commission may, in accordance with the
procedure
the
inspection bodies
including
inspection bodies and inspection authorities as referred to
in Article 9, competent to carry out inspections and issue
certificates in third countries for the purpose of paragraph 3,
and establish a list of these inspection bodies and inspection
authorities. The assessment of equivalency shall take into
account Codex Alimentarius guidelines CAC/GL 32.

and inspection authorities,

recognise

The Commission shall examine any request for recognition
lodged by an inspection body or an inspection authority in a
third country.

When examining requests for recognition, the Commission
invite the inspection body or inspection authority to
shall
supply all the necessary information. The inspection body or
the inspection authority shall undergo regular on-the-spot
evaluation, monitoring and multi-annual re-assessment of
their activities by an accreditation body or, as appropriate,
by a competent authority. The Commission may entrust to
experts the task of examining on-the-spot
the rules of
production and the inspection activities carried out in the
third country by the inspection body or inspection authority
concerned.

The recognised inspection bodies or inspection authorities
shall provide the assessment reports issued by the accredi-
tation body or, as appropriate, the competent authority on
the regular on-the-spot evaluation, monitoring and multi-
annual re-assessment of their activities.

assessment of the risk of the occurrence of irregularities or
infringements of the provisions of this Regulation.

For a period starting on 1 January 2007 and ending 12
6.
months after the publication of the first list of inspection
bodies and inspection authorities recognised pursuant
to
paragraph 5, the competent authority of a Member State
may authorise importers in that Member State, where the
importer has notified his activity in accordance with Article
8(1), to place on the market products imported from third
countries which are not included in the list referred to in
paragraph 4, provided that the importer provides sufficient
evidence showing that the conditions referred to in points (a)
and (b) of paragraph 3 are satisfied. If those conditions are
no longer satisfied, the authorisation shall be immediately
withdrawn. Authorisations shall expire at
the latest 24
months after the publication of the first list of inspection
to
bodies and inspection authorities recognised pursuant
paragraph 5. The imported product shall be covered by a
inspection issued by the authority or body
certificate of
which has been accepted for
issuing the certificate of
inspection by the competent authority of the authorising
certificate must
Member
accompany
first
the
consignee; thereafter the importer must keep the certificate
at the disposal of the inspection body and, as appropriate,
the inspection authority for not less than two years.

State. The original of

to the premises of

the goods

the

Each Member State shall
the Commission of
and
pursuant to this paragraph,
production
concerned.

standards

inform the other Member States
each authorisation granted
including information on the
arrangements

inspection

and

At the request of a Member State or at the Commission's
initiative,
to this
an authorisation granted pursuant
paragraph shall be examined by the Committee referred to
Article 14. If this examination discloses that the conditions
referred to in points (a) and (b) of paragraph 3 of this Article
are not satisfied, the Commission shall require the Member
State which granted the authorisation to withdraw it.

Any authorisation to market products imported from a third
country which had, prior to 31 December 2006, been
granted to an importer by the competent authority of the
respective Member State under this paragraph, shall expire
on 31 December 2007 at the latest.

The Commission shall,

in accordance with the
7.
procedure referred to in Article 14(2), adopt detailed rules
for the application of this Article, in particular regarding:

Based on those assessment reports, the Commission, assisted
by the Member States, shall ensure appropriate supervision
of recognised inspection bodies and inspection authorities by
the
regularly reviewing their
recognition. The nature of
an
supervision shall be determined on the basis of

(a)

the criteria and procedures to be followed with regard to
the recognition of third countries and inspection bodies
and inspection authorities,
including the publication of
lists of recognised third countries and inspection bodies
and inspection authorities; and,

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(b) the documentary evidence referred to in paragraph 1 and
the certificate referred to in paragraphs 3(d) and 6 of this
Article, taking into account the advantages of electronic
certification including the enhanced protection against
fraud.’

3. The second subparagraph of Article 16(3) shall be deleted.

4. Point C of Annex III is hereby amended as follows:

(b) In point 5, the first subparagraph shall be replaced by

the following:

‘The inspection body or authority shall inspect the stock
and financial records mentioned in section C, point 2
and the certificate of inspection referred to in Article
11(3)(d) or Article 11(6) and the documentary evidence
referred to in Article 11(1).’

(a)

In the first paragraph, the second indent shall be replaced
by the following:

Article 2

‘— the first consignee shall mean the natural or legal
person referred to in Article 11(3)(d) and Article
11(6) to whom the consignment is delivered and
who will
further preparation or
for
placing on the Community market. and,’;

receive it

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

It shall apply from 1 January 2007.

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

Done at Brussels, 19 December 2006.

For the Council
The President

J. KORKEAOJA