1995R2898 — EN — 18.03.1996 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSION 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
►M1Commission Regulation (EC) No 465/96 of 14 March 1996 L 65 5 15.3.1996
1995R2898 — EN — 18.03.1996 — 001.001 — 2
▼B
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 stan-
dards for bananas to be delivered fresh to the consumer; whereas thosequality standards apply to bananas imported from third countries at thestage of release for free circulation, to bananas originating in theCommunity at the stage of first landing at a Community port and tobananas delivered fresh to the consumer in the producing region at thestage 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 usedin the trade, it should be laid down that checks on conformity are to becarried out in principle at the stage to which the standards apply as laiddown in the second paragraph of Article 1 of Regulation (EC) No2257/94;
Whereas a product which has satisfied checks at that stage is deemed to
comply with the standards; whereas that assessment should be withoutprejudice to any unannounced checks carried out subsequently up to theripening depot stage;
Whereas the check on conformity must not be systematic but random,
by assessment of an overall sample taken at random from the lotselected for checking by the competent body and assumed to be repres-entative of that lot; whereas, for that purpose, the appropriate provisionsof Commission Regulation (EEC) No 2251/92 of 29 July 1992 onquality 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; whereaschecks should not, therefore, be carried out at the stage laid down ontraders who offer suitable guarantees as regards staff and handlingfacilities and who can guarantee that the bananas they market in theCommunity conform with Community standards; whereas such exemp-tions must be granted by the Member State on the territory of which thecheck must in principle be carried out; whereas such exemptions mustbe withdrawn where the standards and conditions relating thereto arenot met;
Whereas, in order for checks to be carried out, information must be
supplied to the competent agencies by the traders concerned;
Whereas the certificate of conformity issued upon completion of the
checks should not constitute an accompanying document for thebananas up to the final stage of marketing, but a document of proof of
(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 — 18.03.1996 — 001.001 — 3
▼B
the conformity of the bananas with Community standards up to theripening depot stage, in accordance with the scope of the standard, to bepresented at the request of the competent authorities; whereas it shouldbe stressed that bananas not conforming with the standards laid down inRegulation (EC) No 2257/94 may not be marketed for fresh consump-tion 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 Regula-
tion to verify that bananas falling within CN code ex 0803 intended fordelivery fresh to the consumer conform with the quality standards laiddown 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 ameans of transport with a view to marketing fresh. Such checks may becarried out at the packing plant.
Bananas which are marketed outside their region of production shall be
subject to unannounced checks when they are first unloaded elsewherein 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 coun-
tries shall be subject to checks on their conformity with Communityquality standards in the Member State of first unloading in theCommunity, 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, ofRegulation (EEC) No 2251/92.
2. For products which, for technical reasons, cannot be checked for
conformity upon first unloading in the Community, checks shall becarried out subsequently, at the latest on arrival at the ripening depotand 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 compli-ance with the standard has been ascertained.
The inspection certificate issued for bananas originating in third coun-
tries shall be presented to the customs authorities for release of thoseproducts 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.
5. Where the competent authority has not inspected certain merchan-
dise, it shall place its official stamp on the notification provided for inArticle 5 or, failing that, in the case of imported products it shall dulyinform 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.
1995R2898 — EN — 18.03.1996 — 001.001 — 4
▼B
Article 5
The trader concerned or his representative, who does not qualify for the
exemption provided for in Article 7, shall provide the competent agencyin good time with all the information necessary for identification of thelots and detailed information on the place and date of packing andshipping for bananas harvested in the Community, the planned placeand date of unloading in the Community for bananas from third coun-tries or from Community regions of production and deliveries toripening depots for bananas which cannot be checked when they arefirst 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 agen-cies must present suitable guarantees for carrying out such checks, inparticular 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 findanomalies or irregularities which could affect the correct execution ofchecks 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 checkson conformity with quality standards at the stages referred to in Articles2 and 3 where they:
(a) have staff experienced in quality standards and handling and inspec-
tion 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 appointedby the competent national authorities of either the Member State ofproduction, for bananas marketed in the Community production region,or the Member State of unloading, for Community bananas marketedelsewhere in the Community and bananas imported from third countries.Exemption from checks shall be granted for a maximum period of threeyears and shall be renewable. Such exemption shall apply to the wholeof the Community market for products unloaded in the Member Statewhich granted the exemption.
Those departments or agencies shall withdraw the exemption where
they detect anomalies or irregularities which could affect the conformityof bananas with the standards or where the conditions set out in para-graph 1 are no longer met. Withdrawal shall be either temporary orpermanent, 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 appropriatesteps to disseminate such information.
3. The competent departments or agencies of the Member States
shall periodically verify the quality of bananas marketed by the tradersreferred to in paragraph 1 and compliance with the conditions set out
1995R2898 — EN — 18.03.1996 — 001.001 — 5
▼B
therein. Exempted traders shall also provide all the facilities required forcarrying out such verifications.
They shall notify the Commission of the list of traders granted the
exemption provided for in this Article and of any withdrawals ofexemption.
Article 8
This Regulation shall apply without prejudice to any unannounced spot
checks carried out subsequently up to the ripening depot stage.
Article 9
This Regulation shall enter into force on ►
M11 July 1996 ◄.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
1995R2898 — EN — 18.03.1996 — 001.001 — 6
▼B
ANNEX I

1995R2898 — EN — 18.03.1996 — 001.001 — 7
▼B
ANNEX II
Certificate of exemption from verification of compliance with quality standards for bananas