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"BCOMMISSION REGULATION (EC) No 2898/95
of 15 December 1995
concerning verification of compliance with quality standards for bananas
(OJ L 304, 16.12.1995, p. 17)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 465/96 of 14 March 1996 L 65 5 15.3.1996
"M2 Commission Regulation (EC) No 1135/96 of 24 June 1996 L 150 38 25.6.19961995R2898 — EN — 01.07.1996 — 002.001 — 1
COMMISSION REGULATION (EC) No 2898/95
of 15 December 1995
concerning verification of compliance with quality standards for
bananas
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 404/93 of 13 February
1993 on the common organization of the market in bananas (1), as last
amended by Regulation (EC) No 3290/94 (2), and in particular Article 4
thereof,
Whereas, pursuant to Articles 2 to 4 of Regulation (EEC) No 404/93,
Commission Regulation (EC) No 2257/94 (3) lays down quality standards
for bananas to be delivered fresh to the consumer; whereas those quality
standards apply to bananas imported from third countries at the stage of
release for free circulation, to bananas originating in the Community at
the stage of first landing at a Community port and to bananas delivered
fresh to the consumer in the producing region at the stage of leaving the
packing shed;
Whereas measures should be adopted to ensure uniform application of
the rules, in particular as regards conformity checks;
Whereas, while taking due account of the nature of a highly perishable
product and of the marketing practices and inspection procedures used in
the trade, it should be laid down that checks on conformity are to be
carried out in principle at the stage to which the standards apply as laid
down in the second paragraph of Article 1 of Regulation (EC) No
2257/94;
Whereas a product which has satisfied checks at that stage is deemed to
comply with the standards; whereas that assessment should be without
prejudice to any unannounced checks carried out subsequently up to the
ripening depot stage;
Whereas the check on conformity must not be systematic but random, by
assessment of an overall sample taken at random from the lot selected for
checking by the competent body and assumed to be representative of that
lot; whereas, for that purpose, the appropriate provisions of Commission
Regulation (EEC) No 2251/92 of 29 July 1992 on quality inspection of
fresh fruit and vegetables (4), as last amended by Regulation (EC) No
3148/94 (5), should be made applicable, in the light of the practice and
experience acquired in this sector;
Whereas the banana trade is subject to strong competition; whereas the
traders concerned have themselves introduced strict checks; whereas
checks should not, therefore, be carried out at the stage laid down on
traders who offer suitable guarantees as regards staff and handling
facilities and who can guarantee that the bananas they market in the
Community conform with Community standards; whereas such exemp-
tions must be granted by the Member State on the territory of which the
check must in principle be carried out; whereas such exemptions must be
withdrawn where the standards and conditions relating thereto are not
met;
Whereas, in order for checks to be carried out, information must be
supplied to the competent agencies by the traders concerned;!B
(1) OJ No L 47, 25. 2. 1993, p. 1.
(2) OJ No L 349, 31. 12. 1994, p. 105.
(3) OJ No L 245, 20. 9. 1994, p. 6.
(4) OJ No L 219, 4. 8. 1992, p. 9.
(5) OJ No L 332, 22. 12. 1994, p. 28.1995R2898 — EN — 01.07.1996 — 002.001 — 2
Whereas the certificate of conformity issued upon completion of the
checks should not constitute an accompanying document for the bananas
up to the final stage of marketing, but a document of proof of the
conformity of the bananas with Community standards up to the ripening
depot stage, in accordance with the scope of the standard, to be presented
at the request of the competent authorities; whereas it should be stressed
that bananas not conforming with the standards laid down in Regulation
(EC) No 2257/94 may not be marketed for fresh consumption in the
Community;
Whereas the Management Committee for Bananas has not delivered an
opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
Member States shall carry out checks in accordance with this Regulation
to verify that bananas falling within CN code ex 0803 intended for
delivery fresh to the consumer conform with the quality standards laid
down in Regulation (EC) No 2257/94.
Article 2
Bananas produced in the Community shall be subject to a check on their
conformity with Community quality standards before loading onto a
means of transport with a view to marketing fresh. Such checks may be
carried out at the packing plant.
Bananas which are marketed outside their region of production shall be
subject to spot checks when they are first unloaded elsewhere in the
Community.
The checks referred to in the preceding subparagraphs shall be carried
out subject to application of Article 7.
Article 3
Before release for free circulation, bananas imported from third countries
shall be subject to checks on their conformity with Community quality
standards in the Member State of first unloading in the Community,
subject to the application of Article 7.
Article 4
1. Verification of conformity shall be carried out in accordance with
Article 2 and Article 3, with the exception of paragraph 7 thereof, of
Regulation (EEC) No 2251/92.
2. For products which, for technical reasons, cannot be checked for
conformity upon first unloading in the Community, checks shall be
carried out subsequently, at the latest on arrival at the ripening depot and
in any case, as regards products imported from third countries, before
release for free circulation.
3. On completion of the conformity check, a certificate drawn up in
accordance with Annex I shall be issued for merchandise whose
compliance with the standard has been ascertained.
The inspection certificate issued for bananas originating in third
countries shall be presented to the customs authorities for release of
those products for free circulation in the Community.
4. In the event on non-compliance, Article 3 (9) et seq. of Regulation
(EEC) No 2251/92 shall apply.!B
!M2
!B1995R2898 — EN — 01.07.1996 — 002.001 — 3
5. Where the competent authority has not inspected certain merchan-
dise, it shall place its official stamp on the notification provided for in
Article 5 or, failing that, in the case of imported products it shall duly
inform the customs authorities by any other appropriate means.
6. Traders shall provide all the facilities required by the competent
agency for carrying out verifications pursuant to this Regulation.
Article 5
The trader concerned or his representative, who does not qualify for the
exemption provided for in Article 7, shall provide the competent agency
in good time with all the information necessary for identification of the
lots and detailed information on the place and date of packing and
shipping for bananas harvested in the Community, the planned place and
date of unloading in the Community for bananas from third countries or
from Community regions of production and deliveries to ripening depots
for bananas which cannot be checked when they are first unloaded in the
Community.
Article 6
1. Conformity checks shall be carried out by the departments or
agencies designated by the competent national authorities. Such agencies
must present suitable guarantees for carrying out such checks, in
particular as regards equipment, training and experience.
2. The competent national authorities may delegate responsibility for
carrying out checks to private bodies approved for that purpose which:
(a) have inspectors who have followed a training course recognized by
the competent authority;
(b) have the equipment and facilities necessary for carrying out the
verifications and analyses required for the checks; and
(c) have adequate facilities for communicating information.3. The competent authorities shall periodically check the execution and
efficiency of checks. They shall withdraw approval where they find
anomalies or irregularities which could affect the correct execution of
checks or where the requirements are no longer met.
Article 7
1. Traders marketing bananas harvested in the Community or bananas
imported from third countries shall not be subject to the checks on
conformity with quality standards at the stages referred to in Articles 2
and 3 where they:
(a) have staff experienced in quality standards and handling and
inspection facilities;
(b) keep records of the operations they carry out; and(c) present guarantees that the quality of bananas they market conforms
with Community standards.
Traders exempted from checks shall obtain a certificate of exemption in
accordance with the specimen shown in Annex II.
2. Exemption from checks shall be granted, at the request of the trader
concerned, by the inspection departments or agencies appointed by the
competent national authorities of either the Member State of production,
for bananas marketed in the Community production region, or the
Member State of unloading, for Community bananas marketed elsewhere
in the Community and bananas imported from third countries. Exemp-
tion from checks shall be granted for a maximum period of three years
and shall be renewable. Such exemption shall apply to the whole of the
Community market for products unloaded in the Member State which
granted the exemption.!B1995R2898 — EN — 01.07.1996 — 002.001 — 4
Those departments or agencies shall withdraw the exemption where they
detect anomalies or irregularities which could affect the conformity of
bananas with the standards or where the conditions set out in paragraph 1
are no longer met. Withdrawal shall be either temporary or permanent,
according to the gravity of the deficiencies detected.
Member States shall establish a register of banana traders exempted from
checks, allocate them a registration number and take appropriate steps to
disseminate such information.
3. The competent departments or agencies of the Member States shall
periodically verify the quality of bananas marketed by the traders
referred to in paragraph 1 and compliance with the conditions set out
therein. Exempted traders shall also provide all the facilities required for
carrying out such verifications.
"M2The competent departments or agencies of the Member States 3
shall notify the Commission of the list of traders granted the exemption
provided for in this Article and of any withdrawals of exemption.
Article 8
This Regulation shall apply without prejudice to any spot checks carried
out subsequently up to the ripening depot stage.
Article 9
This Regulation shall enter into force on "M11 July 1996 3.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.!B
!M2
!B1995R2898 — EN — 01.07.1996 — 002.001 — 5
ANNEX I
!B1995R2898 — EN — 01.07.1996 — 002.001 — 6
ANNEX II
Certificate of exemption from verification of compliance with quality standards for bananas
!B1995R2898 — EN — 01.07.1996 — 002.001 — 7