CELEX: 51992EC0094
Language: en
Date: 2007-02-16
Title: Draft Commission Regulation (EC) No …/.. of […] laying down detailed rules for implementing the arrangements for imports from third countries provided for in Council [Regulation (EEC) No 2092/91] on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs (Codified version)

EN

|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        C

                                                                      Draft

                                                        COMMISSION REGULATION (EC) No …/..

                                                                      of […]

    laying down detailed rules for implementing the arrangements for imports from third countries provided for in Council [Regulation (EEC) No
        2092/91] on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs

                                                                (Codified version)

                                            ê 94/92 (adapted)

                                                                      Draft

                                                        COMMISSION REGULATION (EC) No …/..

                                                                      of […]

  laying down detailed rules for implementing the arrangements for imports from third countries provided for in Ö Council Õ [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 COMMISSION OF THE EUROPEAN COMMUNITIES,

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 foodstuffs[1], and in particular Articles [11 [12] and 16 (3)] thereof,

Whereas:

                                            ê .

   1)  Commission Regulation (EEC) No 94/92 of 14 January 1992 laying down detailed rules for implementing  the  arrangements  for  imports  from
      third countries provided for in Regulation (EEC) No 2092/91 on organic  production  of  agricultural  products  and  indications  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.

   2) ê 94/92 Recital 1 (adapted)

   3) Regulation [(EEC) No 2092/91] stipulates that products which are imported from a third country may be marketed only where they originate in
      a third country appearing in a list to be drawn up Ö by the Commission. Õ

                                            ê 94/92 Recital 2 (adapted)

   4) The said list should be drawn up. Furthermore, detailed rules Ö should Õ be laid down for the procedure for examining an application  by  a
      third country with a view to its inclusion in the list.

                                            ê 314/97 Recital 6

   5) For the operation of the regime for each third country, the bodies in charge of issuing  the  certificate  of  inspection  referred  to  in
      Article [11 [12] (1) (b)] of Regulation [(EEC) No 2092/91] have to be identified.

                                            ê 94/92 Recital 3 (adapted)

   6) The measures provided for in this Regulation are in accordance with the opinion of the Committee Ö referred to Õ in [Article 14 [15(1)]] of
      Regulation [(EEC) No 2092/91],

                                            ê 94/92 (adapted)

HAS ADOPTED THIS REGULATION:

                                                                    Article 1

The list of third countries referred to in [Article 11 [12] (1) (a) of  Regulation  (EEC)  No  2092/91]  is  set  out  in  Annex  Ö I Õ  to  this
Regulation.

This list gives all the information deemed necessary in respect of each third country to permit the identification of  products  covered  by  the
rules and particularly:

a)    the authority or the body or bodies responsible in the third country for issuing inspection certificates with a view to importing into  the
       Community;

b)    the inspection authority or authorities in the third country and/or the private bodies recognized by the said third country  to  carry  out
       supervision.

Furthermore, where relevant, the list may state:

     – the preparation units and exporters subject to the system of inspection,

     – the products covered by the rules.

                                                                    Article 2

1. The Commission shall consider whether to include a third country in the list in Annex Ö I Õ upon receipt of an application for inclusion  from
the representative of the third country concerned.

2. Within a period of six months from its receipt, the application for inclusion shall be completed by a technical dossier,  established  in  one
of the official Community languages and comprising all the information needed for the Commission  to  ensure  that  the  conditions  set  out  in
[Article 11 [12] (2) of Regulation (EEC) No 2092/91] are met for products intended for export to the Community. In particular, it shall  comprise
the following detailed information:

(a)   the types and, if possible, an estimate of the quantities of agricultural products and foodstuffs intended  for  export  to  the  Community
       under the rules set out in the said Article [11 [12]];

(b)   the rules of production applied in the third country, viz.:

       (i)  the basic principles as set out in Annex [I] to Regulation [(EEC) No 2092/91];

       (ii) the products authorized for use during the agricultural production stage, namely plant protection products,  detergents,  fertilizers
           or soil improvement products;

       (iii)      the ingredients of non-agricultural origin authorized in processed products, and the processes and treatments authorized during
           processing;

(c)   the rules on the inspection system and the organization of the implementation of this system in the third country:

       (i)  the name of any authority responsible for inspection in the third country and/or  the  private  bodies  in  charge  of  carrying  out
           inspections;

       (ii) detailed rules for inspections on agricultural holdings and in preparation units, and the penalties which may be imposed in the event
           of infringements;

       (iii)      the name(s) and address(es) of the authority or the body or bodies charged in the  third  country  to  issue  certificates  for
           imports into the Community;

       (iv) the information needed on the organization of the monitoring of compliance with the rules governing  production  and  the  inspection
           system, including the issue of certificates. The name and the particulars of the authority responsible for the said monitoring;

       (v)  the list of processing units and exporters to the Community; the number of producers and the area in cultivation;

(d)   if available, the on-the-spot examination reports established by independent experts on the  effective  implementation  of  the  production
       rules and inspection rules mentioned under (b) and (c) above.

3. When examining an application for inclusion the Commission may request any further information needed to establish that  the  rules  governing
production and inspection in the third country are equivalent to those laid down in Regulation [(EEC) No 2092/91], including the presentation  of
on-the-spot examination reports established by experts whose independence was recognized by the Commission.  Furthermore,  where  necessary,  the
Commission may proceed to an on-the-spot examination by experts it designated.

4. The inclusion of a third country in the list in Annex Ö I Õ may be linked to  the  condition  that  regular  on-the-spot  examination  reports
established by independent experts be presented on the effective implementation of the  production  rules  and  inspection  rules  in  the  third
country concerned. Moreover, where necessary, the Commission may organize an on-the-spot examination by experts it designates.

5. If, after a third country has been included in the list in Annex Ö I Õ , any changes are made to the measures in force in  the  third  country
or their implementation, that third country shall notify the Commission thereof. In the light of such information, a decision  may  be  taken  to
amend the details of inclusion relating to the third country in Annex Ö I Õ or to withdraw the entry of that  country,  in  accordance  with  the
procedure Ö referred to Õ in Article [14] of Regulation [(EEC) No 2092/91]; a similar decision may also be made where a  third  country  has  not
supplied information required under this paragraph.

6. If, after a third country has been included in the list in Annex Ö I Õ , the Commission obtains information raising doubts as  to  the  actual
implementation of the measures described, it may ask the third country concerned for any information required, including the presentation of  on-
the-spot examination reports established by independent experts, or it may proceed to enable on-the-spot examination by  experts  it  designates.
In the light of such information and/or reports, a decision may be made to suspend inclusion, in accordance with the  procedure  Ö referred  to Õ
in Article [14] of Regulation [(EEC) No 2092/91]; a similar decision may also be made in cases  where  a  third  country  has  not  supplied  the
information requested by the final date specified in the Commission's request or  where  a  third  country  has  not  agreed  to  an  on-the-spot
investigation to establish compliance with the conditions for inclusion.

                                            ê .

                                                                    Article 3

Regulation (EEC) No 94/92 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 III.

                                            ê 94/92 (adapted)

                                                                  Article Ö 4 Õ

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

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

Done at Brussels, […]

      For the Commission
      […]
      Member of the Commission

                                            ê 314/97 Art. 1

                                                                     ANNEX I

                                               LIST OF THIRD COUNTRIES AND RELEVANT SPECIFICATIONS

                                            ê 1616/2000 Art. 1 and Annex

ARGENTINA

1.    Product categories:

       (a)  unprocessed crop products and livestock and unprocessed livestock products within the meaning  of  Article  [1(1)(a)]  of  Regulation
           [(EEC) No 2092/91], with the exception of:

              – livestock and livestock products, bearing or intended to bear indications referring to conversion;

       (b)  processed agricultural crop and livestock products intended for  human  consumption  within  the  meaning  of  Article  [1(1)(b)]  of
           Regulation [(EEC) No 2092/91] with the exception of:

              – livestock products bearing or intended to bear indications referring to conversion.

2.    Origin: Products of category 1(a) and organically produced ingredients in products of category 1(b) that have been produced in Argentina.

                                            ê 2426/2000 Art. 1 and Annex

3.    Inspection bodies:

         – Instituto Argentino para la Certificación y Promoción de Productos Agropecuarios Orgánicos SRL (Argencert)

         – Organización Internacional Agropecuaria (OIA)

         – Letis SA

                                            ê 2144/2003 Art. 1 and Annex pt. 1

         – Food Safety SA.

                                            ê 1616/2000 Art. 1 and Annex

4.    Certificate issuing bodies: as at point 3.

                                            ê 2382/2002 Art. 1 and Annex pt. 1

5.    Duration of the inclusion: 30.6.2008.

                                            ê 314/97 Art. 1

AUSTRALIA

1.    Product categories:

       (a)  unprocessed crop products within the meaning of Article [1 (1) (a)] of Regulation [(EEC) No 2092/91],

       (b)  foodstuffs composed essentially of one or more ingredients of plant origin within the meaning of Article  [1  (1)  (b)]of  Regulation
           [(EEC) No 2092/91].

2.    Origin: products of category 1 (a) and organically grown ingredients in products of category 1 (b) have been grown in Australia.

                                            ê 956/2006 Art. 1 and Annex pt. 1

3.    Inspection bodies:

         – Australian Quarantine and Inspection Service (AQIS) (Department of Agriculture, Fisheries and Forestry)

         – Bio-dynamic Research Institute (BDRI)

         – Organic Growers of Australia Inc. (OGA)

         – Organic Food Chain Pty Ltd (OFC)

         – National Association of Sustainable Agriculture, Australia (NASAA)

         – Australian Certified Organic Pty. Ltd.

                                            ê 1367/98 Art. 1 and Annex pt. 1

4.    Certificate issuing bodies: as at 3.

                                            ê 2382/2002 Art. 1 and Annex pt. 1

5.    Duration of the inclusion: 30.6.2008.

                                            ê 545/2003 Art. 1 and Annex pt. 1

COSTA RICA

1.    Product categories:

       (a)  unprocessed crop products within the meaning of Article [1(1)(a)] of Regulation [(EEC) No 2092/91];

       (b)  processed crop products intended for human consumption within the meaning of Article [1(1)(b)] of Regulation [(EEC) No 2092/91].

2.    Origin:

      Products of category 1(a) and organically produced ingredients in products of category 1(b) that have been produced in Costa Rica.

3.    Inspection bodies: Eco-LOGICA and BCS Oko-Garantie.

4.    Certificate issuing body: Ministerio de Agricultura y Ganadería.

                                            ê 956/2006 Art. 1 and Annex pt. 2

5.    Duration of the inclusion: 30.6.2011.

                                            ê 956/2006 Art. 1 and Annex pt. 3

INDIA

1.    Product categories:

       (a)  unprocessed crop products within the meaning of Article [1(1)(a)] of Regulation [(EEC) No 2092/91];

       (b)  foodstuffs composed essentially of one or more ingredients of plant origin within the meaning  of  Article  [1(1)(b)]  of  Regulation
           [(EEC) No 2092/91].

2.    Origin: products of category 1(a) and organically grown ingredients in products of category 1(b) that have been grown in India.

3.    Inspection bodies:

         – BVQI (India) Pvt. Ltd

         – Ecocert SA (India Branch Office)

         – IMO Control Private Limited

         – Indian Organic Certification Agency (Indocert)

         – International Resources for Fairer Trade

         – Lacon Quality Certification Pvt. Ltd

         – Natural Organic Certification Association

         – OneCert Asia Agri Certification private Limited

         – SGS India Pvt. Ltd.

         – Skal International (India)

         – Uttaranchal State Organic Certification Agency (USOCA).

4.    Certificate issuing bodies: as at 3.

5.    Duration of the inclusion: 30.6.2009.

                                            ê 314/97 Art. 1 (adapted)
                                            è1 1616/2000 Art. 1 and Annex

ISRAEL

1.    Product categories:

       (a)  unprocessed crop products within the meaning of Article [1 (1) (a)] of Regulation [(EEC) No 2092/91],

       (b)  foodstuffs composed essentially of one or more ingredients of plant origin within the meaning of Article [1 (1)  (b)]  of  Regulation
           [(EEC) No 2092/91].

2.    è1 Origin: Products of category 1(a) and organically produced ingredients in products of category 1(b) that have been  produced  in  Israel
       or have been imported into Israel:

         – either from the Community,

         – or from a third country in the framework of a regime which is recognised equivalent in accordance  with  the  provisions  of  Article
           [11[12](1)] of Regulation [(EEC) No 2092/91]. ç

                                            ê 548/2000 Art. 1 and Annex pt. 5

3.    Inspection authority: Plant Protection and Inspection Services (PPIS) (Ministry of Agriculture and Rural Development).

                                            ê 1367/98 Art. 1 and Annex pt. 3

4.    Certificate issuing authority: as at 3.

                                            ê 2382/2002 Art. 1 and Annex pt. 1

5.    Duration of the inclusion: 30.6.2008.

                                            ê 1616/2000 Art. 1 and Annex

SWITZERLAND

                                            ê 956/2006 Art. 1 and Annex pt. 4(a)

1.    Product categories:

       (a)  unprocessed crop products and livestock and unprocessed livestock products within the meaning  of  Article  [1(1)(a)]  of  Regulation
           [(EEC) No 2092/91], with the exception of:

              – products, produced during the conversion period, as referred to in Article [5(5)] of that Regulation;

       (b)  processed agricultural crop and livestock products intended for  human  consumption  within  the  meaning  of  Article  [1(1)(b)]  of
           Regulation [(EEC) No 2092/91], with the exception of:

              – products, as referred to in Article [5(5)] of that Regulation, containing an ingredient of agricultural  origin  produced  during
                the conversion period.

                                            ê 1616/2000 Art. 1 and Annex (adapted)

2.    Origin: Products of category 1(a) and organically produced ingredients in products of category 1(b) that have been produced in  Switzerland
       or have been imported into Switzerland:

         – either from the Community,

         – or from a third country in the framework of a regime which is recognised equivalent in accordance  with  the  provisions  of  Article
           [11[12](1)] of Regulation [(EEC) No 2092/91],

         – or from a third country for which a Member State has  recognised  in  accordance  with  the  provisions  of  Article  [11[12](6)]  of
           Regulation [(EEC) No 2092/91] that the same product has been produced and inspected in that country under the  same  arrangements  as
           accepted by the Member State,

                                            ê 2144/2003 Art. 1 and Annex pt. 4

         – or from a third country whose production rules and inspection system have been recognised  by  Switzerland  as  being  equivalent  to
           those established under Swiss legislation.

                                            ê 956/2006 Art. 1 and Annex pt. 4(b)

3.    Inspection bodies:

         – Institut für Marktökologie (IMO)

         – bio.inspecta AG

         – Schweizerische Vereinigung für Qualitäts- und Management-Systeme (SQS)

         – Bio Test Agro (BTA).

                                            ê 1616/2000 Art. 1 and Annex

4.    Certificate issuing bodies: as at point 3.

                                            ê 2382/2002 Art. 1 and Annex pt. 1

5.    Duration of the inclusion: 30.6.2008.

                                            ê 1162/2002 Art. 1 and Annex (adapted)

NEW ZEALAND

1.    Product categories:

       (a)  unprocessed agricultural crop products, livestock and unprocessed livestock products within  the  meaning  of  Article  [1(1)(a)]  of
           Regulation [(EEC) No 2092/91], with the exception of:

              – livestock and livestock products bearing or intended to bear indications referring to conversion,

              – products from aquaculture;

       (b)  processed agricultural crop and livestock products intended for  human  consumption  within  the  meaning  of  Article  [1(1)(b)]  of
           Regulation [(EEC) No 2092/91], with the exception of:

              – livestock products bearing or intended to bear indications referring to conversion,

              – products containing products from aquaculture.

2.    Origin:

      Products of category 1(a) and organically produced ingredients in products of category 1(b) that have been produced in New Zealand or  have
       been imported into New Zealand:

         – either from the Community,

         – or from a third country within the framework of arrangements which  are  recognised  as  equivalent  to  the  provisions  of  Article
           [11[12](1)] of Regulation [(EEC) No 2092/91],

         – or from a third country whose rules of production and inspection system have been recognised as equivalent to the MAF  Food  Official
           Organic Assurance Programme on the basis of assurances and information provided by this country's competent authority  in  accordance
           with the provisions established by MAF and provided that only organically produced ingredients intended to be incorporated, up  to  a
           maximum of 5 % of products of agricultural origin, in products of category 1(b) prepared in New Zealand are imported.

                                            ê 956/2006 Art. 1 and Annex pt. 5(a)

3.    Inspection bodies:

         – AgriQuality

         – BIO-GRO New Zealand.

                                            ê 1162/2002 Art. 1 and Annex
                                            è1 2144/2003 Art. 1 and Annex pt. 5

4.    è1 Certificate issuing body: Ministry of Agriculture and Forestry (MAF) — New Zealand Food Safety Authority (NZFSA). ç

                                            ê 956/2006 Art. 1 and Annex pt. 5(b)

5.    Duration of the inclusion: 30 June 2011.

                                                                   ____________

                                            é

                                                                     ANNEX II

                                                Repealed Regulation with its successive amendments

|Commission Regulation (EEC) No 94/92                                                 |                                               |
|(OJ L 11, 17.1.1992, p. 14)                                                          |                                               |
|Commission Regulation (EC) No 522/96                                              |Article 1 only                                  |
|(OJ L 77, 27.3.1996, p. 10)                                                       |                                                |
|Commission Regulation (EC) No 314/97                                              |                                                |
|(OJ L 51, 21.2.1997, p. 34)                                                       |                                                |
|Commission Regulation (EC) No 1367/98                                             |                                                |
|(OJ L 185, 30.6.1998, p. 11)                                                      |                                                |
|Commission Regulation (EC) No 548/2000                                            |                                                |
|(OJ L 67, 15.3.2000, p. 12)                                                       |                                                |
|Commission Regulation (EC) No 1566/2000                                           |                                                |
|(OJ L 180, 19.7.2000, p. 17)                                                      |                                                |
|Commission Regulation (EC) No 1616/2000                                           |                                                |
|(OJ L 185, 25.7.2000, p. 62)                                                      |                                                |
|Commission Regulation (EC) No 2426/2000                                           |                                                |
|(OJ L 279, 1.11.2000, p. 19)                                                      |                                                |
|Commission Regulation (EC) No 349/2001                                            |                                                |
|(OJ L 52, 22.2.2001, p. 14)                                                       |                                                |
|Commission Regulation (EC) No 2589/2001                                           |                                                |
|(OJ L 345, 29.12.2001, p. 18)                                                     |                                                |
|Commission Regulation (EC) No 1162/2002                                           |                                                |
|(OJ L 170, 29.6.2002, p. 44)                                                      |                                                |
|Commission Regulation (EC) No 2382/2002                                           |                                                |
|(OJ L 358, 31.12.2002, p. 120)                                                    |                                                |
|Commission Regulation (EC) No 545/2003                                            |                                                |
|(OJ L 81, 28.3.2003, p. 10)                                                       |                                                |
|Commission Regulation (EC) No 2144/2003                                           |                                                |
|(OJ L 322, 9.12.2003, p. 3)                                                       |                                                |
|Commission Regulation (EC) No 746/2004                                            |Article 2 only                                  |
|(OJ L 122, 26.4.2004, p. 10)                                                      |                                                |
|Commission Regulation (EC) No 956/2006                                            |                                                |
|(OJ L 175, 29.6.2006, p. 41)                                                      |                                                |

                                                                  _____________

                                                                    ANNEX III

                                                                Correlation Table

|Regulation (EEC) No 94/92                                            |This Regulation                                                      |
|Article 1, first paragraph                                           |Article 1, first paragraph                                           |
|Article 1, second paragraph, introductory wording                    |Article 1, second paragraph, introductory wording                    |
|Article 1, second paragraph, first indent                            |Article 1, second paragraph, point (a)                               |
|Article 1, second paragraph, second indent                           |Article 1, second paragraph, point (b)                               |
|Article 1, third paragraph                                           |Article 1, third paragraph                                           |
|Article 2(1)                                                         |Article 2(1)                                                         |
|Article 2(2), introductory wording                                   |Article 2(2), introductory wording                                   |
|Article 2(2)(a)                                                      |Article 2(2)(a)                                                      |
|Article 2(2)(b), introductory wording                                |Article 2(2)(b), introductory wording                                |
|Article 2(2)(b), first indent                                        |Article 2(2)(b)(i)                                                   |
|Article 2(2)(b), second indent                                       |Article 2(2)(b)(ii)                                                  |
|Article 2(2)(b), third indent                                        |Article 2(2)(b)(iii)                                                 |
|Article 2(2)(c), introductory wording                                |Article 2(2)(c), introductory wording                                |
|Article 2(2)(c), first indent                                        |Article 2(2)(c)(i)                                                   |
|Article 2(2)(c), second indent                                       |Article 2(2)(c)(ii)                                                  |
|Article 2(2)(c), third indent                                        |Article 2(2)(c)(iii)                                                 |
|Article 2(2)(c), fourth indent                                       |Article 2(2)(c)(iv)                                                  |
|Article 2(2)(c), fifth indent                                        |Article 2(2)(c)(v)                                                   |
|Article 2(2)(d)                                                      |Article 2(2)(d)                                                      |
|Article 2(3) to (6)                                                  |Article 2(3) to (6)                                                  |
|-                                                                    |Article 3                                                            |
|Article 3                                                            |Article 4                                                            |
|Annex                                                                |Annex I                                                              |
|_                                                                    |Annex II                                                             |
|                                                                     |Annex III                                                            |

                                                                  _____________

                                                             -----------------------
[1]   [OJ L 198, 22.7.1991, p. 1. Ö Regulation as last amended by Commission Regulation (EC) No 746/2004 (OJ L 122, 26.4.2004, p. 10). Õ ]
[2]   OJ L 11, 17.1.1992, p. 14. Regulation as last amended by Commission Regulation (EC) No 956/2006 (OJ L 175, 29.6.2006, p. 41).
[3]   See Annex II.