CELEX: 51992PC0069
Language: en
Date: 1992-03-04
Title: Proposal for a COUNCIL REGULATION ( EEC ) amending Council Regulation ( EEC ) N° 2092/91 of 24 June 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs

25 . 3 . 92                               Official Journal of the European Communities                              No C 74 / 9
                                                                  II
                                                         (Preparatory Acts)
                                                    COMMISSION
             Proposal for a Council Regulation (EEC) amending 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
                                                           (92 / C 74/05)
                                                         COM(92) 69 final
                                         (Submitted by the Commission on 5 March J 992)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                            Whereas Article 16 (3), second indent of the Regulation
                                                                     provides the possibility to delay the implementation of
                                                                     Article 1 1 only where a third country has introduced a
                                                                     request for inclusion in the list in due time before the
Having regard to the Treaty establishing the European                abovementioned time limit :
Economic Community, and in particular Article 43
thereof,
                                                                     Whereas these provisions could lead to interruption of
                                                                     imports of products where a third country has not
Having regard to the proposal from the Commission,                   presented in due time a request for inclusion in the list
                                                                     referred to in Article 11 ( 1 ) ( a);
Having regard to the opinion of the European
Parliament,                                                          Whereas interruptions of imports from third countries of
                                                                     products satisfying the conditions specified in Article 11
                                                                     (2) should be avoided , in particular because these
Having regard to the opinion of the Economic and                     products may be necessary for due preparation of
Social Committee,                                                    composed products ;
                                                                     Whereas therefore, pending the inclusion of a third
Whereas it follows from Article 11 ( 1 ) of Regulation               country in the list referred to in Article 11 ( 1 ) (a),
(EEC) No 2092 /91 (') on organic production of agri­                 importers should obtain the possibility of being auth­
cultural products and indications referring thereto on               orized to import from third countries products shown to
agricultural products and foodstuffs, that, as from 23               be produced under production rules and inspection
July 1992 , products which are imported from a third                 arrangements equivalent to those provided in Regulation
country may be marketed only where they originate in a               (EEC) No 2092 /91 ,
third country appearing in a list to be drawn up in
accordance with the procedure laid down in Article 14 of
the said Regulation ; whereas Article 11 (2) specifies the
conditions which have to be met for a third country to               HAS ADOPTED THIS REGULATION :
be included in the list ;
                                                                                              Article 1
Whereas it has appeared that, due to the absence of
information presented up to now by third countries, it               Article 11 of Regulation (EEC) No 2092 /91               is
will not be possible to decide on inclusion of those                 completed by the following paragraph :
countries in the list within the abovementioned time
limit ;
                                                                     '6. (a) By way of derogation from paragraph 1 the
                                                                             importer(s) in a Member State will be authorized
(') OJ No L 198 , 22 . 7 . 1991 , p. 1 .                                     by the competent authority of the Member State
 ---pagebreak---  No C 74 / 10                                 Official Journal of the European Communities                                   25 . 3 . 92
         to market products imported from a third                                 where the products are imported and the detailed
         country not included in the list as referred to in                       information on the production and inspection
         paragraph 1 (a) provided the competent authority                          arrangements and on the guarantees ensuring
         of the importing Member State was satisfied by                           their effective and continued implementation.
         the    detailed    evidence    it    obtained   from   the
         importer(s) that the imported products are
         produced under production rules equivalent to                        (c) On request of a Member State or on an initiative
         those laid down in Articles 6 and 7 and under                            from    the   Commission    the    matter shall     be
         inspection measures the effectiveness of which is                        introduced to the Committee referred to in
         equivalent to the inspection measures referred to                        Article 14 for examination . Where, after exam­
         in Articles 8 and 9 , and that the effective and                         ination it appears that the imported products are
         continued implementation of these inspection                             not produced under equivalent production rules
         measures is ensured .                                                    and/or equivalently effective inspection measures ,
                                                                                  the Commission shall request the Member State
         The authorization shall be valid only as long as                         having granted the authorization to withdraw it.
         the abovementioned conditions are shown to be                            If need be, it may be decided according to the
         satisfied . It shall expire :                                            procedure of Article 14 that the imports in
                                                                                  question have to be stopped or may only
         — from the time of inclusion of a third country                          continue under certain amended conditions to be
             in the list as referred to in paragraph 1 (a), or                    realized within a certain period .
         — three years after it has been granted. It may
             be renewed only where , despite requests                         (d) The notification as referred to in point (b) is not
             introduced by operators to the third country's                       required where it concerns production and
             public authorities, this country has not                             inspection arrangements already notified
             opened the procedings to obtain its inclusion                        according to point (b) by another Member State ,
             in the list referred to in paragraph 1 (a) of                        unless significant new evidence is given for a
             this Article .                                                       review    of   the   examination     and   decision
                                                                                  mentioned under point (c). '
    (b) Where a Member State                 is satisfied by the
         evidence given by an                 importer, it shall
         immediately notify to the          Commission and the           This Regulation shall be binding in its entirety and
         other Member States the             third country from          directly applicable in all Member States .
               Proposal for a Council Directive on the approximation of the laws, regulations and adminis­
               trative provisions of the Member States relating to labelling of the materials used in the main
                                       components of footwear for sale to the final consumer
                                                               (92 /C 74/06)
                                                     COM(91) 529 final — SYN 378
                                           (Submitted by the Commission on 10 March 1992)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                Having regard to the opinion of the Economic and
                                                                         Social Committee,
Having regard to the Treaty establishing the European                   Whereas in certain Member States there exist regulations
Economic Community and in particular Article 100a                       on footwear labelling which are designed to protect and
thereof,                                                                 inform the public as well as to secure the legitimate
                                                                         interests of industry;
                                                                        Whereas the disparity of such regulations risks creating
Having regard to the proposal from the Commission, in                   barriers to trade within the Community and thereby
cooperation with the European Parliament,                               impeding the establishment of the internal market ;