Council Regulation (EC) No 1991/2006 of 21 December 2006 amending Regulation (EEC) No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs
Date: 2006-12-21
Institutions: Council of the European Union
Subjects: agricultural product, foodstuff, free movement of goods, labelling, organic farming

L 411/18 

EN 

Official Journal of the European Union 

30.12.2006 

COUNCIL REGULATION (EC) No 1991/2006 

of 21 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 establishing the European Community, and in particular Article 37 

thereof, 

Having regard to the proposal from the Commission, 

Having regard to the Opinion of the European Parliament1, 

Whereas: 

(1) 

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. 

(2) 

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 legislation. 

(3) 

Third countries whose production standards and inspection arrangements are equivalent to 

those applied in the Community should be recognised and a list thereof should be 

published. 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 

1 

Opinion of 28 September 2006 (not yet published in the Official Journal). 

 
                                                 
 
30.12.2006 

EN 

Official Journal of the European Union 

L 411/19 

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 

authorities recognised by the Commission for this purpose. 

(4) 

Regulation (EEC) No 2092/91 of 24 June 1991 on organic production of agricultural 
products and indications referring thereto on agricultural products and foodstuffs1 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. 

(5) 

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 of the new import scheme have been put in place, in particular as regards the 

recognition of inspection bodies and inspection authorities competent to carry out 

inspection in those countries which are not on the list of recognised third countries. 

(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; 

however, in the case of products 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 

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). 

 
 
                                                 
 
L 411/20 

EN 

Official Journal of the European Union 

30.12.2006 

2) 

Article 11 shall be replaced by the following: 

"Article 11 

1.  A product imported from a third country may be placed on the Community market 

labelled as a product with indications referring to the organic production method 

provided that: 

(a) 

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

Regulation; 

(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, documentary 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. 

2. 

The Commission shall, in accordance with the procedure referred to in Article 14(2), 

recognise 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. 

The inspection bodies shall be accredited to the relevant European Standard 

EN 45011 or ISO Guide 65 "General requirements for bodies operating product 

certification 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, monitoring and multi-annual re-assessment of their activities 

by the accreditation body. 

 
 
 
30.12.2006 

EN 

Official Journal of the European Union 

L 411/21 

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 accreditation body or, as appropriate, the competent 

authority on the regular on-the-spot evaluation, monitoring and multi-annual 

re-assessment of their activities.  

Based on the assessment reports, the Commission, assisted by the Member States, 

shall ensure appropriate supervision of the recognised inspection bodies and 

inspection authorities 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 set out in or pursuant 

to 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 of equivalent 

effectiveness 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 activities to an inspection system recognised 

in accordance with paragraph 4 or an inspection body or inspection authority 

recognised in accordance with paragraph 5; and,  

 
 
L 411/22 

EN 

Official Journal of the European Union 

30.12.2006 

(d) 

the product is covered by a certificate of inspection issued by the competent 

authorities or inspection 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. 

4. 

The Commission may, in accordance with the 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 of 

equivalent effectiveness 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. 

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 report to the Commission regarding the implementation and the enforcement 

of their inspection arrangements. 

Based on the information in those annual reports, the 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 set out in or pursuant to this 

Regulation. 

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 referred to in Article 14(2), recognise the inspection bodies and inspection 

authorities, including inspection bodies and inspection authorities as referred to in 

Article 9, competent to carry out inspections and issue certificates in third countries 

 
 
30.12.2006 

EN 

Official Journal of the European Union 

L 411/23 

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. 

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 shall invite the inspection 

body or inspection authority to 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 accreditation body or, as appropriate, the competent 

authority on the regular on-the-spot evaluation, monitoring and multi-annual 

re-assessment of their activities. 

Based on those assessment reports, the Commission, assisted by the Member States, 

shall ensure appropriate supervision of recognised inspection bodies and inspection 

authorities 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 set out in or pursuant to this 

Regulation. 

6. 

For a period starting on 1 January 2007 and ending 12 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 bodies and inspection authorities 

 
 
L 411/24 

EN 

Official Journal of the European Union 

30.12.2006 

recognised pursuant to paragraph 5. The imported product shall be covered by a 

certificate of inspection issued by the authority or body which has been accepted for 

issuing the certificate of inspection by the competent authority of the authorising 

Member State. 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. 

Each Member State shall inform the other Member States and the Commission of 

each authorisation granted pursuant to this paragraph, including information on the 

production standards and inspection arrangements concerned. 

At the request of a Member State or at the Commission's initiative, an authorisation 

granted pursuant to this 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. 

7. 

The Commission shall, in accordance with the procedure referred to in Article 14(2), 

adopt detailed rules for the application of this Article, in particular regarding: 

(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, 

 
 
30.12.2006 

EN 

Official Journal of the European Union 

L 411/25 

(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) 

4) 

the second subparagraph of Article 16(3) shall be deleted; 

point C of Annex III is hereby amended as follows: 

(a) 

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

"– 

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 receive it for further preparation or placing on the Community 

market."; and,  

(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).". 

This Regulation shall enter into force on the seventh day following that of its publication in the 

Article 2 

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. 

 
 
L 411/26 

EN 

Official Journal of the European Union 

30.12.2006 

Done at Brussels, 21 December 2006. 

For the Council 

The President 

J. KORKEAOJA