CELEX: 32006R1991
Language: en
Date: 2006-12-21 00:00:00
Title: 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

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 Parliament 1 ,
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).
 ---pagebreak--- 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 foodstuffs 1 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).
 ---pagebreak--- 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.
 ---pagebreak--- 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,
 ---pagebreak--- 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
 ---pagebreak--- 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
 ---pagebreak--- 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,
 ---pagebreak--- 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)        the second subparagraph of Article 16(3) shall be deleted;
4)        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).".
                                                    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.
It shall apply from 1 January 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
 ---pagebreak--- 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