Commission Regulation (EC) No 605/2008 of 20 June 2008 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 (Codified version) (Text with EEA relevance)
Date: 2008-06-20
Institutions: European Commission
Subjects: agricultural product, customs inspection, foodstuff, import, import licence, marketing standard, organic farming, third country

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COMMISSION REGULATION (EC) No 605/2008

of 20 June 2008

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)

(Codified version)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

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

Having regard to the Treaty
Community,

establishing the European

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
foodstuffs (1), and in particular Article 11(7)(b) thereof,

Whereas:

(1)

(2)

(3)

(4)

imports

(EC) No

1788/2001

Commission Regulation
of
7 September 2001 laying down detailed rules for imple-
menting the provisions concerning the certificate of
from third countries under
inspection for
Article 11 of Council Regulation (EEC) No 2092/91 on
organic production of agricultural products and indi-
cations referring thereto on agricultural products and
foodstuffs (2) has been substantially amended several
times (3). In the interests of clarity and rationality the
said Regulation should be codified.

is necessary to determine a procedure in order to
It
coordinate at Community level certain controls on
products
imported from third countries which are
intended to be marketed with indications referring to
the organic production method.

This Regulation shall apply without prejudice to the
inspection system in Articles 8 and 9 of Regulation
(EEC) No 2092/91 and in Annex III, Sections B and C,
thereto.

This Regulation shall apply without prejudice to the
Community customs provisions and any other provisions
governing importation of products
referred to in
Article 1 of Regulation (EEC) No 2092/91 for
marketing in the Community.

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

last amended by
Commission Regulation (EC) No 404/2008 (OJ L 120, 7.5.2008,
p. 8).

(2) OJ L 243, 13.9.2001, p. 3. Regulation as last amended by Regu-

lation (EC) No 746/2004 (OJ L 122, 26.4.2004, p. 10).

(3) See Annex III.

HAS ADOPTED THIS REGULATION:

Article 1

1.
This Regulation defines detailed rules with regard to the
certificate of inspection required pursuant to Article 11(3)(d)
and (6) of Regulation (EEC) No 2092/91 and with regard to
the submission of such certificate for imports undertaken in
accordance with the provisions of Article 11(6) of that Regu-
lation.

2.

This Regulation shall not apply to products which:

— are not

intended for release for free circulation in the

Community in unaltered state or after processing,

— are admitted free of

import duties in accordance with
Council Regulation (EEC) No 918/83 (4). However,
this
Regulation shall apply to products admitted free of import
duties in accordance with Articles 39 and 43 of Regulation
(EEC) No 918/83.

Article 2

For the purposes of this Regulation:

1.

2.

3.

‘certificate of inspection’: means the certificate of inspection
which is referred to in Article 11(3)(d) and (6) of Regulation
(EEC) No 2092/91 and which covers a consignment;

‘consignment’: means a quantity of products under one or
more Combined Nomenclature Codes, covered by a single
certificate of inspection, conveyed by the same means of
transport and coming from the same third country;

‘verification of the consignment’: means the verification by
the relevant Member States' authorities of the certificate of
inspection to satisfy Article 4(2), and, where these authorities
consider appropriate, of
the products in relation to the
requirements of Regulation (EEC) No 2092/91;

(4) OJ L 105, 23.4.1983, p. 1.

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4.

‘release for free circulation in the Community’: means the
clearance given by the customs authorities
to allow a
consignment free movement within the Community;

5.

‘relevant Member States’ authorities': means the customs
authorities or other authorities, defined by the Member State.

Article 3

Article 11(3)(d) and (6), regarding the requirements of issuing
the certificate of inspection, and Article 11(3) of Regulation
(EEC) No 2092/91 shall apply for release for free circulation
in the Community of products referred to in Article 1 of Regu-
lation (EEC) No 2092/91, whether those products are imported
in order to be marketed pursuant to Article 11(3) or (6) of that
Regulation.

the

products concerned, transport documents and commercial
documents, and after the authority or body has either made
a physical check of the consignment concerned before it is
expedited from the third country of dispatch, or has
received an explicit declaration of the exporter declaring
that
concerned has been produced
and/or prepared in accordance with the provisions which
are implemented by the authority or body concerned in
respect of the import and marketing in the Community of
products referred to in Article 1 of Regulation (EEC) No
2092/91 in accordance with Article 11(3) or (6) of that
Regulation;

consignment

(b) give a serial number to each issued certificate and keep a

register of the delivered certificates.

Article 4

1.
The release for free circulation in the Community of a
consignment of products referred to in Article 1 of Regulation
(EEC) No 2092/91 shall be conditional on:

5.
The certificate of inspection shall be drawn up in one of
the official languages of the Community and filled in, except for
the stamps and signatures, either entirely in capital
letters or
entirely in typescript.

(a)

the submission of an original certificate of inspection to the
relevant Member State's authority; and

(b) the verification of the consignment by the relevant Member
State's authority and the endorsement of the certificate of
inspection in accordance with paragraph 11 of this Article.

The original certificate of inspection shall be established in
2.
accordance with paragraphs 3 to 10 and the model and the
notes of Annex I.

3.

The certificate of inspection shall be issued by:

(a)

the authority or body in the third country mentioned for
the third country concerned in the Annex to Commission
Regulation (EEC) No 94/92 (1); or

(b) the authority or body which has been accepted for issuing
the certificate of inspection under the procedure laid down
in Article 11(6) of Regulation (EEC) No 2092/91.

The authority or body issuing the certificate of inspection

4.
shall:

(a) only issue the certificate of

inspection and endorse the
declaration in box 15, after it has carried out a documentary
check on the basis of all relevant inspection documents,
the
including in particular

the production plan for

(1) OJ L 11, 17.1.1992, p. 14.

The certificate of inspection shall preferably be in one of the
languages of the Member State of destination. Where
official
necessary, the relevant Member State's authorities may request
a translation of the certificate of inspection in one of its official
languages.

Uncertified alterations or erasures shall invalidate the certificate.

The certificate of inspection shall be made in one single

6.
original.

The first consignee or, where relevant, the importer may make a
copy for the purpose of informing the inspection authority or
body in accordance with Section C, point 3, of Annex III to
Regulation (EEC) No 2092/91. Any such copy shall carry the
indication ‘COPY’ or ‘DUPLICATE’ printed or stamped thereon.

The certificate of inspection referred to in paragraph 3(b)
7.
shall, at the time it is submitted in accordance with paragraph
1, include in box 16 the declaration of the competent authority
in the Member State which granted the authorisation according
to the procedure in Article 11(6) of Regulation (EEC) No
2092/91.

The competent authority in the Member State which
8.
granted the authorisation may delegate the competence for
the declaration in box 16 to the inspection authority or body
inspecting the importer in accordance with Articles 8 and 9 of
Regulation (EEC) No 2092/91, or to the authorities defined as
the Member State's relevant authorities.

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9.

The declaration in box 16 is not required:

Article 5

(a) when the importer presents an original document, issued by
the competent authority of the Member State which granted
the authorisation in accordance with Article 11(6) of Regu-
lation (EEC) No 2092/91, and demonstrating that
the
consignment is covered by that authorisation; or

has

given

(b) when the Member State's authority, which granted the auth-
orisation referred to in Article 11(6) of Regulation (EEC) No
2092/91,
the
satisfactory
consignment is covered by that authorisation, directly to
the
the
consignment. This procedure of direct
information is
optional for the Member State which granted the authorisa-
tion.

verification of

in charge of

authority

evidence

that

the

The document giving the evidence required for in sub-

10.
paragraphs 9(a) and (b), shall include:

(a)

the reference number of the import authorisation and the
date of expiration of the authorisation;

(b) the name and address of the importer;

(c)

the third country of origin;

(d) the details of the issuing body or authority, and, where
different, the details of the inspection body or authority in
the third country;

(e)

the names of the products concerned.

11.
At the verification of a consignment of products referred
to in Article 1 of Regulation (EEC) No 2092/91, the original
inspection shall be endorsed by the relevant
certificate of
Member State's authorities in box 17 and returned to the
person who submitted the certificate.

The first consignee shall, at

12.
the
consignment, 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.

the reception of

The first consignee shall then send the original of the certificate
to the importer mentioned in box 11 of the certificate, for the
purpose of the requirement laid down in the second and third
sentences of Article 11(3)(d) and in the fifth sentence of the first
subparagraph of Article 11(6) of Regulation (EEC) No 2092/91,
unless the certificate has to further accompany the consignment
for a preparation referred to in Article 5(1) of this Regulation.

1. 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 provided for in Council
Regulation (EEC) No 2913/92 (1), and subject to one or more
preparations as defined in Article 4(3) of Regulation (EEC) No
the consignment shall be subject, before the first
2092/91,
preparation is carried out,
to the measures referred to in
Article 4(1) of this Regulation.

The preparation may include operations such as:

— packaging or re-packaging, or

— labelling concerning the presentation of

the organic

production method.

After this preparation, the endorsed original of the certificate of
inspection shall accompany the consignment, and shall be
presented to the relevant Member State's authority, which
shall verify the consignment for the purpose of its release for
free circulation.

After this procedure, the original of the certificate of inspection
the
shall, where relevant, be returned to the importer of
consignment, mentioned in box 11 of the certificate to fulfil
the requirement laid down in the second and third sentences of
Article 11(3)(d) and in the fifth sentence of the first subpara-
graph of Article 11(6) of Regulation (EEC) No 2092/91.

2. Where, under a suspensive customs procedure pursuant to
Regulation (EEC) No 2913/92, a consignment coming from a
third country is intended to be submitted in a Member State,
before its release for free circulation in the Community, to a
splitting into different batches, the consignment shall be subject,
before this splitting is carried out, to the measures referred to in
Article 4(1) of this Regulation.

For each of the batches which results from the splitting, an
extract of the certificate of inspection shall be submitted to
the relevant Member State's authority, in accordance with the
model and the notes of Annex II to this Regulation. The extract
of the certificate of inspection shall be endorsed by the relevant
Member State's authorities in box 14.

A copy of each endorsed extract of the certificate of inspection
shall be kept together with the original certificate of inspection
the
by the person identified as
consignment and mentioned in box 11 of the certificate of
inspection. Such copy shall carry the indication ‘COPY’ or
‘DUPLICATE’ printed or stamped thereon.

importer of

the original

(1) OJ L 302, 19.10.1992, p. 1.

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After the splitting, the endorsed original of each extract of the
certificate of inspection shall accompany the batch concerned,
and shall be presented to the relevant Member State's authority,
which shall verify the batch concerned for the purpose of its
release for free circulation.

the reception thereof
The consignee of a batch shall, at
complete the original 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 point 7a of
the General Provisions in Annex III to Regulation (EEC) No
2092/91.

the extract of

The consignee of a batch shall keep the extract of the certificate
of inspection at the disposal of the inspection body and/or
inspection authority for not less than two years.

The preparation and splitting operations referred to in
3.
paragraphs 1 and 2 shall be carried out in accordance 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.

Article 6

Without prejudice to any measures or actions
taken in
accordance with Article 9(9) and/or 10a of Regulation (EEC)
No 2092/91,
circulation in the
Community of products not complying with the requirements

release

free

the

for

that Regulation shall be conditional on the removal of
to the organic production method from the

of
references
labelling, advertising and accompanying documents.

Article 7

1.
The relevant Member State's authorities and the authorities
in the Member States responsible for the implementation of
Regulation (EEC) No 2092/91, as well as the inspection auth-
orities and inspection bodies, shall assist each other in applying
this Regulation.

shall

States

inform each other

and the
2. Member
they have defined in the
Commission on the authorities
context of Article 2(5), as well as on the delegations they
have given for the implementation of Article 4(8) and on the
procedures,
if any, followed under Article 4(9)(b). This infor-
mation shall be updated by Member States as and when changes
occur.

Article 8

Regulation (EC) No 1788/2001 is repealed.

References to the repealed Regulation shall be construed as
references to this Regulation and shall be read in accordance
with the correlation table in Annex IV.

Article 9

This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

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

Done at Brussels, 20 June 2008.

For the Commission
The President

José Manuel BARROSO

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

ANNEX I

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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ANNEX III

Repealed Regulation with list of its successive amendments

Commission Regulation (EC) No 1788/2001
(OJ L 243, 13.9.2001, p. 3)

Commission Regulation (EC) No 1113/2002
(OJ L 168, 27.6.2002, p. 31)

Commission Regulation (EC) No 1918/2002
(OJ L 289, 26.10.2002, p. 15)

Commission Regulation (EC) No 746/2004
(OJ L 122, 26.4.2004, p. 10)

Only Article 3

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ANNEX IV

Correlation Table

Regulation (EC) No 1788/2001

This Regulation

Article 1

Article 2

Article 3

Article 1

Article 2

Article 3

Article 4(1) to (9)

Article 4(1) to (9)

Article 4(10) introductory sentence

Article 4(10) introductory sentence

Article 4(10) first to fifth indents

Article 4(11) and (12)

Article 5

Article 6

Article 4(10)(a) to (e)

Article 4(11) and (12)

Article 5

Article 6

Article 7 first and second paragraphs

Article 7(1) and (2)

Article 7 third paragraph

Article 8

—

Article 9

Annex I

Annex II

—

—

—

—

Article 8

Article 9

Annex I

Annex II

Annex III

Annex IV