No L 58/38 Official Journal of the European Communities 27. 2. 97 COMMISSION REGULATION (EC) No 345/97 of 26 February 1997 amending Article 3 of Regulation (EEC) No 207/93 defining the content of Annex VI to Council Regulation (EEC) No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs and laying down detailed rules for implementing the provisions of Article 5 (4) thereof 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 ('), as last amended by Commis- sion Regulation (EC) No 418/96 (%), and in particular Article 5 (3) (b), (4), (5a) (b) and (7) thereof, Whereas Council Regulation (EC) No 1935/95 (%) provides, for the categories established in Articles 5 (3) and 5a of Regulation (EEC) No 2092/91, that the ingre- dients of agricultural origin not produced in accordance with the rules laid down in Article 6 or not imported from third countries under the arrangements laid down in Article 11, have to be included in Annex VI, Section C or have to be provisionally authorized by a Member State; Whereas the procedure established in Article 3 of Commission Regulation (EEC) No 207/93 () has to be revised in the light of the experience gained and of devel- opments concerning the availability on the Community market of certain organically produced ingredients of agricultural origin; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 14 of Regulation (EEC) No 2092/91, HAS ADOPTED THIS REGULATION: Article 1 Article 3 of Regulation (EEC) No 207/93 is replaced by the following: J No L 198, 22. 7. 1991, p. 1. J No L 59, 8. 3. 1996, p. 10. 7 No L 186, 5. 8. 1995, p. 1. No L 25, 2. 2. 1993, p. 5. ‘Article 3 1. As long as an ingredient of agricultural origin has not been included in Section C of Annex VI to Regulation (EEC) No 2092/91, that ingredient may be used according to the derogation provided for in Article 5 (3) (b) and (Sa) (b) of that Regulation on the following conditions: (a) that the operator has notified to the competent authority of the Member State all the requisite evidence showing that the ingredient concerned satisfies the requirements of Article 5 (4); and (b) that the competent authority of the Member State has provisionally authorized, in accordance with the requirements of Article 5 (4), the use for a maximum period of three months after having verified that the operator has taken the necessary contacts with the other suppliers in the Commun- ity to ensure himself on the unavailability of the ingredients concerned with the required quality requirements; the Member State may prolong this authorization maximum three times for seven months each. 2. Where an authorization as referred to in para- graph 1 has been granted, the Member State shall immediately notify to the other Member States and to the Commission, the following information: (a) the date of the authorization; {b) the name and, where necessary, the precise description and quality requirements of the ingre- dient of agricultural origin concerned; (c) the quantities that are required and the justifica- tion for those quantities; (d) the reasons for, and expected period of, the shortage; (e) the date on which the Member State sends this notification to the other Member States and the Commission; (f) the ultimate date for comments from the Member States and/or the Commission, which must be at least 30 days after the date of notification referred to in (e).