2001R1148 — EN — 09.03.2003 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No1148/2001
of12June2001
onchecksonconformitytothemarketingstandardsapplicabletofreshfruitandvegetables
(OJ L 156, 13.6.2001, p. 9)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 2379/2001 of 5 December 2001 L 321 15 6.12.2001
►M2Commission Regulation (EC) No 408/2003 of 5 March 2003 L 62 8 6.3.2003
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COMMISSIONREGULATION(EC)No1148/2001
of12June2001
on checks on conformity to the marketing standards applicable to
freshfruitandvegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2200/96 of 28 October
1996 on the common organisation of the market in fruit and vegeta-bles(
1), aslas t amended by Regulation (EC) No 911/2001 (2), and in
particular Article 10 thereof,
Whereas:
(1)Commission Regulation (EEC) No 2251/92 of 29 July 1992 on
quality inspection of fresh fruit and vegetables (3), aslas t
amended by Regulation (EC) No 766/97 (4), must be amended
in a number of placesto take account of the development ofand improved professionalism in the trade in fresh fruit andvegetablesand of changesin the common organis ation of the
marketsin thiss ector, and in order to clarify a number of ambi-
guities in that Regulation. In the interests of simplification andimproved clarity, the rules should be completely recast andRegulation (EEC) No 2251/92 should be repealed.
(2)The Member States must designate the inspection bodies whoare responsible for carrying out checks on conformity at eachstage of marketing. Given the very diverse circumstances in theMember States, one or other of these bodies in each MemberState should be responsible for contacts and coordinationbetween all designated bodies.
(3)Conformity checks should be carried out by sampling and shouldconcentrate on tradersmos t likely to have goodswhich do notcomply with the standards. Depending on the characteristics oftheir national market, Member Statesmus t lay down rulesprior-itising checks on particular categories of trader. To ensure
transparency, these rules should be notified to the Commission.
Since knowledge of tradersand their main characteris ticsisanindispensable tool in Member States' analysis, it is essential toset up a database on traders in fresh fruit and vegetables ineach Member State, following the register drawn up according
to Regulation (EEC) No 2251/92.
(4)Exportsof fruitsand vegetablesto third countriesmus t conform
to the standards. Member States must ensure it is the case andcertify conformity, in accordance with the Geneva Protocol onstandardisation of fresh fruit and vegetables and dry and dried
fruit concluded within the United NationsEconomical Commis -
sion for Europe and the OECD scheme for the application ofinternational standards for fruit and vegetables. Imports of freshfruit and vegetablesfrom third countriesmus t conform to themarketing standards or to standards at least equivalent to them.
Checks on conformity must therefore be carried out before these
goods enter Community customs territory, except in the case ofsmall lots which the inspection authorities consider to be lowrisk. In certain third countries which provide satisfactory guaran-teesof conformity, checksmay be carried out by the ins pectionbodies of these third countries. Where this option is applied, the
Member Statesare to verify regularly the validity of the checks
carried out by third country inspection bodies and inform theCommission of the results of these verifications.2001R1148 — EN — 09.03.2003 — 002.001 — 2
(1) OJ L 297, 21.11.1996, p. 1.
(2) OJ L 129, 11.5.2001, p. 3.
(3) OJ L 219, 4.8.1992, p. 9.
(4) OJ L 112, 29.4.1997, p. 10.
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(5)Products intended for processing are not required to conform to
these standards, so it must be ensured that they are not sold on
the market for fresh products. Such products should be suitablylabelled and, in certain cases, accompanied by a processing certi-ficate stating the end-use and allowing checks to be made.
(6)Fruit and vegetableschecked for conformity to the marketingstandards should be subject to the same type of check at all
stages of marketing. The inspection guidelines recommended by
the United Nations Economic Commission for Europe, them-selves in line with the relevant OECD recommendations, shouldbe adopted to thisend. Specific arrangementss hould however belaid down for checks at the retail sale stage.
(7)The measures provided for in this Regulation are in accordance
with the opinion of the Committee for Fresh Fruit and Vegeta-
bles,
HAS ADOPTED THIS REGULATION:
Article 1
Member States shall carry out checks at all stages of marketing on
conformity to the marketing standards laid down in Articles 7, 8 and
9 of Regulation (EC) No 2200/96 in accordance with thisRegulation.
Article 2
Competentbodies
1. Each Member State shall designate a single competent authority
responsible for coordination and contacts in the areas covered by this
Regulation, hereinafter called ‘the coordinating authority’.
2. The Member States shall communicate to the Commission:
— the name and postal and e-mail address of the coordinating
authority they have designated in application of paragraph 1,
— the name and postal and e-mail address of the inspection bodies
they appointed in application of the third subparagraph of Article7 of Regulation (EC) No 2200/96, hereinafter called ‘the inspectionbodies’, and
— an exact description of the respective spheres of activity of the
inspection bodies they appointed.
3. The coordinating authority may be the inspection body or one of
the inspection bodies or any other body designated according to para-
graph 1.
4. The Commission shall publish the list of coordinating authorities
designated by the Member States in the C series of the Official Journal
of the European Communities .
Article 3
Traderdatabase
1. The Member States shall set up a database on traders in fruit and
vegetables, which shall list, under the conditions defined by the present
Article, tradersinvolved in marketing fres h fruit and vegetablesforwhich standards have been laid down in application of Article 2 ofRegulation (EC) No 2200/96.
By ‘trader’ is meant any natural or legal person holding fresh fruit and
vegetables subject to marketing standards with a view to theirdisplaying or offering for sale, their sale or their marketing in any othermanner for itself or on behalf of a third party in the Community's terri-tory and/or export to third countries.2001R1148 — EN — 09.03.2003 — 002.001 — 3
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Member Statess hall determine the conditionsunder which the
following tradersare included or not in the databas e:
— traderswhos e activitiesare exempt from the obligation to comply
with the marketing standards pursuant to Article 3 of Regulation(EC) No 2200/96,
— natural or legal persons whose activities in the fruit and vegetables
sector are limited either to the transport of goods, or to the sale ofsmall quantities at the retail stage.
2. Where the database is composed of several distinct elements, the
coordinating authority shall ensure that the database, its elements and
their updating are uniform. The updating isdone in particular by the
inspection bodies using the information collected during checks carriedout at all stages of marketing.
3. This database shall contain, for each trader, the registration
number, name, address, information needed for its classification inone of the categoriesmentioned in Article 4 of thisRegulation, inparticular, position in the marketing chain, information concerning the
importance of the firm, information concerning findingsmade during
previouschecksof each trader, aswell asany other informationconsidered necessary for checks.
4. Tradersmus t provide the information that the Member States
consider necessary to set up and update the database. Member Statesshall determine the conditions under which traders not established intheir territory but trading on it shall be listed in their database.
Article 4
Conformitychecksontheinternalmarket
1. The Member States shall introduce a system of sampling checks
on the conformity to marketing standards of products held by traders at
all stages of marketing.
Under this system, the Member States shall specify the frequency,
based on a risk analysis of a trader marketing goods not in conformitywith the marketing standards, with which checks must be made by theinspection bodies, which must be sufficient to ensure compliance withCommunity rules, for each category of trader they have first defined.
This risk analysis will relate, in particular, to the size of the firms, their
position in the marketing chain, findings made during previous checksand other possible parameters to be defined by the Member States.Tradersinvolved in preparing and packaging fruit and vegetables , parti-cularly in the production region, shall be subject to a higher rate ofchecksthan other categoriesof trader. Checksmay als o occur during
transport.
Where checks reveal significant irregularities, the inspection bodies
shall increase the frequency of checks on the traders concerned.
2. Traders must provide the inspection bodies with all information
those bodies judge necessary for organising and carrying out checks.
3. Member States may authorise traders at the stage of dispatch
guaranteeing uniform and high conformity rate of the fruit and vegeta-bles subject to marketing standards they dispatch to use the specimenin Annex 3 in the labelling of each package. The authorisation shall
be granted for a period of three yearsand s hall be renewable.
In addition, traders benefiting from this possibility must:
— have inspection staff who have received training approved by the
Member State,
— have suitable equipment for preparing and packing produce,— commit themselves to proceed to a conformity check of the goods
they dispatch and have a register recording all operations of checkscarried out.
When traderscan no longer guarantee high and uniform conformity
rate, or when one of the above mentioned conditionsisno longerfulfilled, the Member State shall withdraw the authorisation for the2001R1148 — EN — 09.03.2003 — 002.001 — 4
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trader to use the specimen in Annex III in the labelling of each
package.
4. The coordinating authority shall communicate the provisions of
the inspection system as referred to in paragraph 1 to the Commissionbefore the application of thisRegulation. Thiscommunication s hallinclude the different categoriesof tradersthat were identified and thecheck frequency specified for each of them, as well as, where appro-
priate, the detailed conditionsof implementation of the provis ionsof
paragraph 3, the detailed conditionsof implementation of the provi-sions of Article 5(1), including the minimum proportions of checksfor the different tradersconcerned. It s hall immediately inform theCommission of any subsequent amendments to that system.
Article 5
Conformitychecksatthepointofexport
1. The competent inspection body at the stage of export shall ensure
by a conformity check that productsintended for export to third coun-
triesonly leave the Community'scus tomsterritory if they conform tothe marketing standards.
Exporters must provide the inspection bodies with all information those
bodies judge necessary for organising and carrying out checks.
1 bis. Member States may apply the provisions mentioned in the
second subparagraph to traders fulfilling the following conditions:
(a) they offer sufficient guarantees of a consistent and high rate of
conformity for the fruit and vegetableswhich they market;
(b) they have inspection staff who have received training approved by
the Member State;
(c) they undertake to check the conformity of the goodsthey market;
(d) they undertake to keep a register recording all the checks they have
carried out.
For these traders, Member States may specify, for each category of
trader concerned and based on a risk analysis, the minimum proportionof consignments and quantities subject to conformity checks by the
competent inspection body at the export stage. This proportion must
be sufficient to ensure compliance with Community rules. Where thesechecks reveal significant irregularities, the inspection bodies shallincrease the proportion of consignments checked in the case of thetradersconcerned.
2. The inspection body shall issue a certificate of conformity as set
out in Annex I for each lot intended for export and which they consider
to be in conformity with the marketing standards, after completion ofthe checking operationsmentioned in paragraph 1. Where the exportconsignment consists of several lots, the conformity of those lots maybe certified on a single certificate which clearly lists the various lots
constituting that consignment.
Where, according to paragraph 1a, lotsconcerned by the certificate of
conformity have not been checked by the competent inspection body atthe export stage, the mention ‘self-check (Art 5(1a) of Regulation (EC)No 1148/2001’ shall be reported in box 13 (Comments) of the certifi-cate.
3. The export declaration may be accepted by the competent
customs authority only if:
— the goodsare accompanied by either the certificate referred to in
paragraph 2 or the certificate referred to in Article 8(2), or if2001R1148 — EN — 09.03.2003 — 002.001 — 5
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— the competent inspection body informed the customs authority, by
appropriate means, that the relevant lots have been subject to theissue of one of those two certificates.
Article 6
Conformitychecksatthepointofimport
1. Before release for free circulation, products from third countries
shall be checked for conformity with the marketing standards.
Importers must provide the inspection bodies with all information those
bodies judge necessary to organising and carrying out the checks
mentioned in paragraph 2 of thisArticle and Article 7(5).
2. Notwithstanding Article 7, the official inspection body at the
point of import shall carry out a conformity check for each imported
lot and, where those products conform with the required standards,
issue a certificate of conformity as set out in Annex I. Where theimport consignment consists of several lots, the conformity of thoselots may be certified on a single certificate which clearly lists thevarious lots constituting that consignment.
3. The customs authorities shall authorise release for free circulation
only if:
— the goodsare accompanied by the certificate referred to in para-
graph 2, the certificate referred to in Article 7(3) or the certificatereferred to in Article 8(2), or if
— the competent inspection body informed the customs authority, by
appropriate means, that the relevant lots have been subject to the
issuance of one of those certificates.
4. Notwithstanding paragraphs 1, 2 and 3, where the competent
inspection body at the point of import considers that there is a lowrisk of certain lots not conforming to the marketing standards, it maychoose not to check those lots. It shall send the customs authority a
stamped declaration to that effect or inform that authority in another
manner that it may carry out clearance procedures.
For the purposes of applying the first subparagraph, the inspection
body shall lay down in advance the criteria for assessing the risk of
lots not conforming and, on the basis of a risk analysis, for each type
of import it hasdefined, the minimum proportionsof cons ignmentsandquantitieswhich will be s ubject to a conformity check by the compe-tent inspection body at the import stage. Any proportion specifiedpursuant to this paragraph must in any case be substantially higherthan the onesapplied according to Article 7(5).
4 bis. In order to improve the uniformity of application of paragraph
4 in the Member States, the Commission elaborates common guidelinesfor itsapplication. The coordinating authority s hall inform theCommission forthwith of the rules for the application of paragraph 4,
including the criteria and minimum proportionsreferred to in paragraph
4, second subparagraph and any subsequent amendment to those rules.
Article 7
Approval of checking operations performed by third countries
priortoimportintotheCommunity
1. At the request of a third country, the Commission may approve,
in accordance with the procedure laid down in Article 46 of Regulation(EC) No 2200/96, conformity checking operationsperformed by thisthird country prior to import into the Community.
2. The approval referred to in paragraph 1 may be granted to third
countries which so request and on whose territory the Communitymarketing standards, or standards at least equivalent, are met forproductsexported to the Community.2001R1148 — EN — 09.03.2003 — 002.001 — 6
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The approval specifies the official authority in the third country under
the responsibility of which checking operations mentioned in paragraph1 are performed. This authority shall be responsible for contacts with
the Community. The approval also specifies the inspection bodies in
charge of the proper checks, hereinafter called ‘third country inspectionbodies’.
The approval may only apply to productsoriginating in the third
country concerned and may be limited to certain products.
For the purposes of the approval referred to in paragraph 1, the
Commission may use the special corps of inspectors in the fruit andvegetable sector set up under Article 40 of Regulation (EC) No 2200/
96 to make on-the-spot visits to check that the inspection operations
carried out in the third country concerned comply with the provisionsof thisArticle and, where appropriate, make recommendationsforimproving the degree of conformity of goodsexported to the Commu-nity by that third country.
3. The third country inspection bodies must be official bodies or
officially recognised by the authority mentioned in paragraph 2providing satisfactory guarantees and disposing of the necessarypersonnel, equipment and facilities to carry out checks according tothe methodsmentioned in Article 9(1) or equivalent methods .
The third country inspection bodies shall draw up, for each lot checked
prior to itsentry into Community cus tomsterritory, either the certifi-cate of conformity set out in Annex I, or any other form agreedbetween the Commission and the third country. Where the import
consignment consists of several lots, the conformity of these lots may
be certified on a single certificate which clearly lists the various lotsconstituting that consignment.
The standard forms on which the certificates provided for in the second
subparagraph of this paragraph are drawn up shall be established within
the framework of the approval referred to in paragraph 1.
The certificate shall bear the word ‘original’. Where additional copies
are required, they should be stamped with the word ‘copy’. The compe-
tent authoritiesin the Community s hall accept asvalid only the original
of the certificate.
The form shall measure 210 × 297 mm; a tolerance of up to plus 8 mm
or minus 5 mm in the length may be allowed. The paper used shall be
white, not containing mechanical pulp, sized for writing and shallweigh not less than 40 g/m
2.
The formss hall be printed and completed in one of the official
languagesof the Community.
The forms must be completed using a mechanographical or similar
process.
Entries must not be erased or overwritten. Any alterations shall be
made by crossing out the incorrect particulars and, where appropriate,adding those required. Such changes shall be initialled by the personmaking them and endorsed by the issuing authorities.
Each certificate shall bear a serial number, whether or not printed, by
which it can be identified, and shall be stamped by the issuingauthority and signed by the person or persons empowered to do so.
The issuing authority shall retain a copy of each certificate it issues.4. The Commission may suspend approval if it is found that, in a
significant number of lots and/or quantities, the goods do not corre-spond to the information in the certificates of conformity issued bythe third country inspection bodies, or where an unsatisfactory responsehas been made to the requests for a posteriori checks as referred to inparagraph 5a.2001R1148 — EN — 09.03.2003 — 002.001 — 7
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5. Member Statess hall conduct checksat the point of import on
products imported under the conditions set out in the present Articlefor conformity with the standards by carrying out conformity checks
for each third country concerned on a significant proportion of the
consignments and quantities imported under those conditions. Thisproportion must be sufficient to ensure compliance with the Commu-nity rules by the third country inspection bodies. Member States shallensure that the measures laid down in Article 9(3) are applied to the
lotschecked, where thos e lotsdo not comply with the marketing s tan-
dards.
Where checks reveal significant irregularities, Member States shall
immediately inform the Commission, and the inspection bodies shallincrease the proportion of consignments and quantities checked inaccordance with the provisions of this Article.
If a Member State perceivesa fee to cover the cos tsof the checks
referred to in thisparagraph, the level of thisfee s hall be s uch astoreflect the lower proportion of consignments and quantities checkedfor these checks than for those mentioned in Article 6.
5a. Whenever doubtsaris e asto the authenticity of a certificate as
referred to in the second subparagraph of paragraph 3 or the accuracyof the information contained therein, an a posteriori check shall becarried out.
The competent authority in the Community shall return the certificate
or itscopy thereof to the official corres pondent in the third country,
as referred to in the second subparagraph of paragraph 2, giving, where
appropriate, the reasons for the enquiry and any information obtainedsuggesting that the certificate is not authentic or that the details itcontains are incorrect. Requests for a posteriori checks shall be broughtto the attention of the Commission as quickly as possible, together with
the results of each request.
Where a request is made for an a posteriori check, the importer of the
products concerned may ask the competent inspection bodies to carryout a conformity check asreferred to in Article 6.
6. The coordinating authority shall communicate to the Commission
each quarter, by the end of the quarter following that quarter at the
latest, for each third country and product concerned, the number oflotsand total quantitiesimported in accordance with paragraph 1, thenumber of lotsand the quantitieswhich have been checked for confor-mity as referred to in paragraph 5 and, of those lots, those which theinspection bodies found not to conform with the data mentioned in the
conformity certificates issued by the third country inspection body,
specifying the quantities for each of those lots and the type of defectsgiving rise to that finding.
7. The customs authorities shall provide the coordinating authority
and/or the inspection bodies with all information necessary for theapplication of the provisions of the present Article.
8. The application of this Article shall be subject to the establish-
ment of a procedure for administrative cooperation between theCommunity and each third country concerned.
To this end the third countries concerned shall send the Commission all
relevant information on checking operations, in particular specimens of
the stamp imprints used by the inspection bodies and, where appro-
priate, and without delay, any change to thisinformation.
The Commission shall notify this information, and any subsequent
amendments, to the coordinating authorities in the Member States whoshall inform the customs authorities and other competent authoritiesthereof.2001R1148 — EN — 09.03.2003 — 002.001 — 8
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Once administrative cooperation has been established, and following
any significant amendment of the information communicated by a thirdcountry concerned both within the framework of thisadminis trative
cooperation and as regards the names and addresses of the official
correspondent and of the inspection bodies, the Commission shallpublish a notice to this end in the Official Journal of the European
Communities (C series).
Article 8
Productsintendedforprocessing
1. For the purpose of the application of this Regulation, products
intended for processing are fresh fruit and vegetables subject tomarketing standards that are shipped to processing plants where theyare processed into products classified in a CN position different fromthat of the initial fresh product.
2. The competent inspection bodies shall issue processing certifi-
catesasprovided for in Annex II for productsintended for export to
third countriesand productsimported into the Community where s uchproducts are intended for processing and are, therefore, in accordancewith Article 3(3)(a) of Regulation (EC) No 2200/96, not subject toconformity with the marketing standards. They shall ensure that the
special labelling provisions laid down paragraph 3 are complied with.
3. In the case of imports, after having issued any certificate referred
to in paragraph 2, the competent inspection body shall immediatelysend to the coordinating authority of the Member State where proces-sing is to take place a copy of the certificate and any forth informationneeded for a possible check of the processing operations. After proces-
sing, the processing enterprise shall return the certificate to the
competent inspection body, which shall ensure that the products haveactually been processed.
4. The packaging of products intended for processing must be
clearly marked by the pack with the words ‘intended for processing’or other equivalent wording. In the case of goods shipped in bulk,
directly loaded onto a means of transport, this indication shall be given
in a document accompanying the goodsor s hown on a notice placed inan obvious position inside the means of transport.
5. Members States shall take all the measures they judge necessary,
in particular those related to cooperation with the other Member Statesconcerned, to avoid any goodsintended for the fres h market being
shipped outside the region of production as goods intended for proces-
sing.
Article 9
Methodofinspection
1. The conformity checksprovided for in thisRegulation, with the
exception of those at the point of retail sale to the end consumer, shallbe carried out, save as otherwise provided under this Regulation, inaccordance with the methodsin Annex IV.
The Member States shall lay down specific arrangements for checking
conformity at the point of retail sale to the end consumer.
2. Where inspectors find that the goods conform with the marketing
standards, the inspection body may issue a certificate of conformity asset out in Annex I. This certificate shall in any event be issued at thepoint of import or export.
3. Where the goods do not conform with the standards, the inspec-
tion body shall issue a finding of non-conformity for the attention of
the trader or their representatives. Goods for which a finding of non-conformity has been issued may not be moved without the authorisa-tion of the inspection body which issued that finding. Thisauthorisation can be subject to the respect of conditions laid down bythe inspection body.2001R1148 — EN — 09.03.2003 — 002.001 — 9
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Tradersmay decide to bring all or s ome of the goodsinto conformity.
Goodsbrought into conformity may not be marketed before the compe-tent inspection body has ensured by all appropriate means that the
goods have actually been brought into conformity. It shall issue, where
applicable, a certificate of conformity ass et out in Annex I for the lotor part thereof only once the goodshave been brought into conformity.
If an inspection body accepts a trader's wish to bring the goods into
conformity in a Member State other than that where the check leadingto a finding of non-conformity hasbeen carried out, the Member Statesshall take any measures which they deem appropriate, in particularwith regard to cooperation between them, to check that the goodshave been brought into conformity.
Where the goodscan neither be brought into conformity nor s ent to
animal feed, industrial processing or any other non-food use, theinspection body may, if necessary, request traders to take adequatemeasures in order to ensure that the products concerned are notmarketed.
Traders shall be obliged to supply all information deemed necessary by
the Member Statesfor the application of thisparagraph.
Article 10
Finalprovisions
1. The inspection bodies of a Member State on whose territory a lot
of goodsfrom another Member State isfound not to conform with thestandards because of defects or deterioration which could have beendetected at the time of packaging shall immediately notify such casesof non-conformity discovered up to the wholesale marketing stage,including at distribution centres, to the authorities of the other Member
Stateslikely to be concerned.
2. Where, on import from a third country, a lot of goodsare found
not to conform with the standards, the coordinating authority of theMember State concerned shall immediately notify the Commissionand the coordinating authoritiesof the other Member Stateslikely to
be concerned, which shall then pass on this information as necessary
in their territory. The Commission shall be notified via the electronicsystem indicated by the Commission.
3. For the purposes of applying this Regulation, in the case of
productsfor which marketing s tandardshave been adopted, invoicesand accompanying documents must indicate the quality class, the
country of origin of the productsand, where appropriate, the fact that
it is intended for processing. This requirement shall not apply to retailsale to the end consumer.
Article 11
1. Regulation (EEC) No 2251/92 ishereby repealed.2. Tradersexempted from ins pection of goodsat the time of
consignment under Article 6 of Regulation (EEC) No 2251/92 may
use the packaging affixed with the label provided for in Annex III tothat Regulation until ►
M230 June 2003 ◄.
3. Inspection certificates issued according to Article 3(9) of Regula-
tion (EEC) No 2251/92 are valid until the date of validity in box 12 ofthe concerned certificates expires. Processing certificates issued
according to Article 10 of Regulation (EEC) No 2251/92 are valid until
31 January 2002.
Article 12
This Regulation shall enter into force on the seventh day following its
publication in the Official Journal of the European Communities .
It shall apply from 1 January 2002.2001R1148 — EN — 09.03.2003 — 002.001 — 10
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ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.2001R1148 — EN — 09.03.2003 — 002.001 — 11
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ANNEX I
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ANNEX II
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ANNEX III
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ANNEX IV
MethodsofinspectionmentionedinArticle 9(1)
Remark: the following methods of inspection are based on the provisions of the
guide for the implementation of quality control of fresh fruit and vege-
tablesadopted by the UN/ECE (United NationsEconomic
Commission for Europe) Working Party for standardisation of perish-
able goodsand improvement of quality.
1. DEFINITIONS
(a)Conformitycheck
Inspection carried out by an inspector in accordance with this Regulation
to check that fruit and vegetablesconform to the marketing s tandards
laid down in Regulation (EC) No 2200/96.
This inspection includes:
— where appropriate, an identity and documentary inspection: an
inspection of the documents or certificates accompanying the lot
and/or the registers referred to in the third indent of the second
subparagraph of Article 4(3) and in Article 5(1a) (d) of Regulation
(EC) No 1148/2001, and an inspection of the goods and the particu-
lars in these documents, to check that they match,
— a physical inspection, by means of sampling, of the goods in the lot
to ensure that it satisfies all the conditions laid down by the
marketing standard, including the provisions on the presentation and
marking of packagesand packaging.
(b)Inspector
Person authorised by the competent inspection body who has an appro-
priate and regular training enabling them to undertake conformity
inspection.
(c)Consignment
Quantity of produce to be sold by a given trader found at the time of
control and defined by a document. The consignment may consist of
one or several types of produce: it may contain one or several lots of
fresh fruit and vegetables.
(d)Lot
Quantity of produce which, at the time of control at one place, has
similar characteristics with regard to:
— packer and/or dispatcher,
— country of origin,— nature of produce,— class of produce,— size (if the produce is graded according to size),— variety or commercial type (according to the relevant provisions of
the standard),
— type of packaging and presentation.
However, if during the inspection of consignments, it is not possible to
distinguish between different lots and/or presentation of individual lots
is not possible, all lots of a specific consignment may be treated as one
lot if they are similar in regard to type of produce, dispatcher, country of
origin, class and variety or commercial type, if this is provided for in the
standard.
(e)Sampling
Collective sample taken temporarily from a lot during conformity check
inspection.
(f)Primary sample
Package taken from the lot, or in the case of bulk produce, a quantity
taken from a point in the lot.2001R1148 — EN — 09.03.2003 — 002.001 — 15
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(g)Bulksample
Several representative primary samples taken from the lot whose quantity
is sufficient to allow the assessment of the lot with regard to all criteria.
(h)Secondarysample
In the case of nuts, a secondary sample shall be a representative quantity
of product taken from each primary sample in the bulk sample, weighing
between 300 g and 1 kg. If the primary sample is made up of packaged
foods, the secondary sample shall be one package.
(i)Compositesample
In the case of nuts a composite sample shall be a mix, weighing at least
3 kg, of all the secondary samples in a bulk sample. Nuts in the compo-
site sample must be evenly mixed.
(j)Reducedsamples
Representative quantity of produce taken from the bulk sample whose
size is sufficient to allow the assessment of certain individual criteria.
In the case of nuts, the reduced sample shall include at least 100 nuts
taken from the composite sample. Several reduced samples may be taken
from a bulk sample.
(k)Packages
Individually packaged part of a lot, including contents. The packaging is
conceived so as to facilitate handling and transport of a number of sales
unitsor of productsloos e or arranged, in order to prevent damage by
physical handling and transport. Road, rail, ship and air containers are
not considered as packages. In some cases, the package constitutes a
sales package.
(l)Salespackages
Individually packaged part of a lot, including contents. The packaging of
sales packages is conceived so as to constitute a sales unit to the final
user or consumer at the point of purchase. Among sales packages, pre-
packages are such as the packaging encloses the foodstuff completely or
only partially, but in such a way that the contents cannot be altered
without opening or changing the packaging.
2. IMPLEMENTATION OF CONFORMITY CHECK
(a)General remark
A physical check shall be made by assessing bulk samples taken at
random from different pointsin the lot to be controlled. It isbas ed on
the principle of presumption that the lot conforms to the bulk sample.
(b)Identification of lots and/or getting a general impression of the
consignment
The identification of lots shall be carried out on the basis of their
marking or other criteria, such as the indications laid down under
Council Directive 89/396/EEC (1). In the case of consignments which
are made up of several lots it is necessary for the inspector to get a
general impression of the consignment with the aid of accompanying
documents or declarations concerning the consignments. He then deter-
mines how far the lots presented comply with the information in these
documents.
If the produce isto be or hasbeen loaded onto a meansof trans port, the
registration number of the latter shall be used for identification of the
consignment.
(c)Presentationofproduce
The inspector decides which packages are to be controlled. The presenta-
tion shall be made by the operator or his representative. The procedure
should include the presentation of the bulk sample.2001R1148 — EN — 09.03.2003 — 002.001 — 16
(1) OJ L 186, 30.6.1989, p. 21.
▼M2
If reduced or secondary samples are required, these are identified by the
inspector himself from the bulk sample.
(d)Physicalcheck
— Assessment of packaging and presentation on the basis of primary
samples:
The packaging, including the material used within the package, shall
be tested for suitability and cleanness according to the provisions of
the marketing standards. If only certain types of packaging are
permitted, the inspector checks whether these are being used.
— Verification of marking on the basis of primary samples:
first, it is ascertained whether the produce is marked according to the
marketing standards. During control a check is made on the accuracy
of marking and/or the extent of amendment required.
Fruit and vegetables individually wrapped in plastic are not consid-
ered aspre-packed foods tuff in the meaning of European Parliament
and Council Directive 2000/13/EC (1) and do not necessarily need to
be marked in accordance with the marketing standards. In such cases,
the plastic wrapping can be considered a simple protection for fragile
products.
— Verification of conformity of the produce using bulk sampling or
composite and/or reduced sampling:
The inspector shall determine the size of the bulk sample in such way
as to be able to assess the lots. He shall at random select the
packages to be inspected or in the case of bulk produce the points
of the lot from which individual samples shall be taken.
Damaged packages shall not be used as part of the bulk sample. They
should be set-aside and may, if necessary, be subject to a separate
examination and report.
The bulk sample should comprise the following quantities whenever
a consignment is declared unsatisfactory:
Packed produce
Number of packagesin the lotNumber of packagesto be taken
(primary samples)
Up to 100 5
From 101 to 300 7
From 301 to 500 9
From 501 to 1 000 10
More than 1 000 15 (minimum)
Bulk produce
Quantity of lot in kg or number of
bundlesin the lotQuantity of primary samples in kg
or number of bundles
Up to 200 10
From 201 to 500 20
From 501 to 1 000 30
From 1 001 to 5 000 60
More than 5 000 100 (minimum)
In the case of bulky fruit and vegetables (over 2 kg per unit), the
primary samples should be made up of at least five units. In the
case of lots comprising fewer than 5 packages or weighing less than
10 kg, the check shall cover the entire lot.2001R1148 — EN — 09.03.2003 — 002.001 — 17
(1) OJ L 109, 6.5.2000, p. 29.
▼M2
If the inspector discovers, after an inspection, that a decision cannot
be reached, he may carry out another inspection and express the
overall result as an average of the two checks.
Certain criteria on the degree of development and/or ripeness or on
the presence or absence of internal defects may be checked on the
basis of reduced samples; this applies in particular to control which
destroys the trade value of the produce. The size of the reduced
sample shall be restricted to the minimum quantity absolutely neces-
sary for the assessment of the lot. If, however, defects are ascertained
or suspected the size of the reduced sample shall not exceed 10 per
cent of the size of the bulk sample initially taken for the inspection.
(e)Controlofproduce
The produce hasto be removed entirely from itspackaging for the
control; the inspector may only dispense with this in the case of nuts or
if the type of packaging and form of presentation allow an inspection
without unpacking the produce. The inspection of uniformity, minimum
requirements, quality classes and size shall be carried out on the basis ofthe bulk sample, or on the basis of the composite sample in the case of
nuts. When defects are detected, the inspector shall ascertain the respec-
tive percentage of the produce not in conformity with the standard by
number or weight.
The criteria on the degree of development and/or ripeness can be
checked using the instruments and methods laid down to this end in the
marketing standards or in accordance with accepted practice.
(f)Reportofcontrolresults
Documents mentioned in Article 9 are issued where appropriate.
If defects are found, the trader or his representative must be informed in
writing about the reasons fur complaint. If the compliance of produce
with the standard is possible by a change in marking, the trader or his
representative must be informed about it.
If defectsare found in a product, the percentage found not to be in
conformity with the standard must be indicated.
(g)Declineinvaluebyconformitycheck
After the control, the bulk sample is put at the disposal of the operator or
hisrepres entative.
The inspection body is not bound to hand back the elements of the bulk
sample destroyed during the control.2001R1148 — EN — 09.03.2003 — 002.001 — 18