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EC 94-92 rules for implementing arrangements for imports from 3rd countries on organic production of agricultural products and indications referring thereto.pdf

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This document is meant purely as documentation tool and the institutions do not assume any liability for its contents B 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 (OJ L 11, 17.1.1992, p. 14) Amended
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  This document is meant purely as documentation tool and the institutions do not assume any liability for its contents BCOMMISSION REGULATION (EEC) No 94/92of 14 January 1992laying down detailed rules for implementing the arrangements for imports from third countriesprovided for in Regulation (EEC) No 2092/91 on organic production of agricultural products andindications referring thereto on agricultural products and foodstuffs (OJ L 11, 17.1.1992, p. 14)Amended by:Official Journal No page date M1  Commission Regulation (EC) No 522/96 of 26 March 1996 L 77 10 27.3.1996 M2  Commission Regulation (EC) No 314/97 of 20 February 1997 L 51 34 21.2.1997 M3  Commission Regulation (EC) No 1367/98 of 29 June 1998 L 185 11 30.6.1998 M4  Commission Regulation (EC) No 548/2000 of 14 March 2000 L 67 12 15.3.2000 M5  Commission Regulation (EC) No 1566/2000 of 18 July 2000 L 180 17 19.7.2000 M6  Commission Regulation (EC) No 1616/2000 of 24 July 2000 L 185 62 25.7.2000Corrected by: C1  Corrigendum, OJ L 112, 7.5.1996, p. 20 (522/96) C2  Corrigendum, OJ L 230, 12.9.2000, p. 20 (548/2000)1992R0094 — EN — 24.08.2000 — 005.001 — 1  COMMISSION REGULATION (EEC) No 94/92of 14 January 1992laying down detailed rules for implementing the arrangements forimports from third countries provided for in Regulation (EEC) No2092/91 on organic production of agricultural products andindications referring thereto on agricultural products and foodstuffs THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European EconomicCommunity,Having regard to Council Regulation (EEC) No 2092/91 of 24 June 1991on organic production of agricultural products and indications referringthereto on agricultural products and foodstuffs( 1 ), and in particular Articles 11 and 16 (3) thereof,Whereas Article 11 (1) of Regulation (EEC) No 2092/91 stipulates that,as from 23 July 1992, products which are imported from a third countrymay be marketed only where they srcinate in a third country appearingin a list to be drawn up; whereas Article 11 (2) specifies the conditionswhich have to be met for a third country to be included in that list;Whereas the said list should be drawn up; whereas, furthermore, detailed rules have to be laid down for the procedure for examining an application by a third country with a view to its inclusion in the list;Whereas the measures provided for in this Regulation are in accordancewith the opinion of the Committee provided for in Article 14 of Regulation (EEC) No 2092/91,HAS ADOPTED THIS REGULATION:  Article 1 The list of third countries referred to in Article 11 (1) (a) of Regulation(EEC) No 2092/91 is set out in the Annex to this Regulation.This list gives all the information deemed necessary in respect of eachthird country to permit the identification of products covered by the rulesand particularly: — the authority or the body or bodies responsible in the third countryfor issuing inspection certificates with a view to importing into theCommunity, — the inspection authority or authorities in the third country and/or the private bodies recognized by the said third country to carry outsupervision.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 inthe list in the Annex upon receipt of an application for inclusion from therepresentative 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 informationneeded for the Commission to ensure that the conditions set out in ! B ( 1 ) OJ No L 198, 22. 7. 1991, p. 1. 1992R0094 — EN — 24.08.2000 — 005.001 — 2  Article 11 (2) of Regulation (EEC) No 2092/91 are met for productsintended for export to the Community. In particular, it shall comprise thefollowing 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;(b) the rules of production applied in the third country, viz.: — the basic principles as set out in Annex I to Regulation (EEC) No 2092/91, — the products authorized for use during the agricultural production stage, namely plant protection products, detergents,fertilizers or soil improvement products, — the ingredients of non-agricultural srcin authorized in pro-cessed products, and the processes and treatments authorized during processing;(c) the rules on the inspection system and the organization of theimplementation of this system in the third country: — the name of any authority responsible for inspection in the third country and/or the private bodies in charge of carrying outinspections, — detailed rules for inspections on agricultural holdings and in preparation units, and the penalties which may be imposed in theevent of infringements, — 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, — the information needed on the organization of the monitoring of compliance with the rules governing production and theinspection system, including the issue of certificates. The nameand the particulars of the authority responsible for the said monitoring, — the list of processing units and exporters to the Community; thenumber of producers and the area in cultivation,(d) If available, the on-the-spot examination reports established byindependent 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 mayrequest any further information needed to establish that the rulesgoverning production and inspection in the third country are equivalentto those laid down in Regulation (EEC) No 2092/91, including the presentation of on-the-spot examination reports established by expertswhose independence was recognized by the Commission. Furthermore,where necessary, the Commission may proceed to an on-the-spotexamination by experts it designated.4. The inclusion of a third country in the list in the Annex may belinked to the condition that regular on-the-spot examination reportsestablished by independent experts be presented on the effectiveimplementation of the production rules and inspection rules in the third country concerned. Moreover, where necessary, the Commission mayorganize an on-the-spot examination by experts it designates.5. If, after a third country has been included in the list in the Annex,any changes are made to the measures in force in the third country or their implementation, that third country shall notify the Commissionthereof. In the light of such information, a decision may be taken toamend the details of inclusion relating to the third country in the Annex ! B 1992R0094 — EN — 24.08.2000 — 005.001 — 3  or to withdraw the entry of that country, in accordance with the procedurelaid down 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 the Annex, theCommission obtains may information raising doubts as to the actualimplementation of the measures described, it may ask the third countryconcerned for any information required, including the presentation of on-the-spot examination reports established by independent experts, or itmay proceed to enable on-the-spot examination by experts it designates.In the light of such information and/or reports, a decision may be madeto suspend inclusion, in accordance with the procedure laid down inArticle 14 of Regulation (EEC) No 2092/91; a similar decision may also be made in cases where a third country has not supplied the informationrequested by the final date specified in the Commission’s request or where a third country has not agreed to an on-the-spot investigation toestablish compliance with the conditions for inclusion.  Article 3 This Regulation shall enter into force on the seventh day following its publication in the  Official Journal of the European Communities .This Regulation shall be binding in its entirety and directly applicable inall Member States. ! B 1992R0094 — EN — 24.08.2000 — 005.001 — 4
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