Commission Regulation (EC) No 1336/2005 of 12 August 2005 amending Annex III to 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)

• Published date: 13 August 2005
• Subject Matter: Consumer protection,Foodstuffs
• Official Gazette Publication: Official Journal of the European Union, L 211, 13 August 2005

13.8.2005 EN Official Journal of the European Union L 211/11

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COMMISSION REGULATION (EC) No 1336/2005

of 12 August 2005

amending Annex III to 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)

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 the second indent of Article 13 thereof,

Whereas:

(1) As a result of Article 8 of Regulation (EEC) No 2092/91 as amended by Council Regulation (EC) No 392/2004 (2), the scope of operators' activities subject to the inspection system provided for in Article 9 of Regulation (EEC) No 2092/91 covers all operators throughout the production, preparation and marketing process.

(2) To cover adequately all the categories of operators referred to in Article 8(1) of Regulation (EEC) No 2092/91, it is necessary to extend the application of the general provisions set out in Annex III to that Regulation.

(3) It is appropriate to relate the frequency of random inspections to the risks of non-compliance with Regulation (EEC) No 2092/91.

(4) Annex III to Regulation (EEC) No 2092/91 should therefore be amended accordingly.

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

HAS ADOPTED THIS REGULATION:

Article 1

Annex III to Regulation (EEC) No 2092/91 is amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the seventh 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, 12 August 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

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(1) OJ L 198, 22.7.1991, p. 1. Regulation as last amended by Commission Regulation (EC) No 2254/2004 (JO L 385, 29.12.2004, p. 20).

(2) OJ L 65, 3.3.2004, p. 1.

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ANNEX

Annex III to Regulation (EEC) No 2092/91 is amended as follows:

1. after the title, the following is inserted: ‘The General Provisions set out in this Annex shall apply to all operators referred to in Article 8(1), to the extent that those provisions relate to the activities carried out by the operator concerned. In addition to the General Provisions, the Specific Provisions shall apply to those operators who carry out the activities mentioned in the title of each subsection.’;

2. the General Provisions are amended as follows: (a) points 3 to 6 are replaced by the following: ‘3. Initial inspection When the inspection arrangements are first implemented, the operator responsible must draw up: — a full description of the unit and/or premises and/or activity, — all the practical measures to be taken at the level of the unit and/or premises and/or activity to ensure compliance with this Regulation, and in particular with the requirements in this Annex, — the precautionary measures to be taken in order to reduce the risk of contamination by unauthorised products or substances and the cleaning measures to be taken in storage places and throughout the operator’s production chain. Where appropriate, those description and measures may be part of a quality system as set up by the operator. The description and measures concerned must be contained in a declaration, signed by the responsible operator. In addition, this declaration must include an undertaking by the operator: — to perform the operations in accordance with Articles 5, 6, 6a and, where relevant, Article 11 of this Regulation, and/or Regulation (EC) No 223/2003, — to

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