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( 1 ) OJ N 192 , 27 . 10 . 1966 , P . 3282/66 .

( 2 ) OJ N L 318 , 18 . 12 . 1969 , P . 14 .

( 3 ) OJ N 90 , 10 . 5 . 1967 , P . 1766/67 .

REGULATION ( EEC ) N 2638/69 OF THE COMMISSION

OF 24 DECEMBER 1969

LAYING DOWN ADDITIONAL PROVISIONS ON QUALITY CONTROL OF FRUIT AND VEGETABLES MARKETED WITHIN THE COMMUNITY

THE COMMISSION OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;

HAVING REGARD TO COUNCIL REGULATION N 158/66/EEC ( 1 ) OF 25 OCTOBER 1966 ON APPLYING COMMON QUALITY STANDARDS TO FRUIT AND VEGETABLES MARKETED WITHIN THE COMMUNITY , AS LAST AMENDED BY COUNCIL REGULATION ( EEC ) N 2516/69 ( 2 ) OF 9 DECEMBER 1969 , AND IN PARTICULAR ARTICLES 5 ( 2 ) AND 10 THEREOF ;

WHEREAS , ACCORDING TO THE SECOND SUBPARAGRAPH OF ARTICLE 5 ( 1 ) OF REGULATION N 158/66/EEC , QUALITY CONTROL OF FRUIT AND VEGETABLES MUST BE CARRIED OUT PREFERABLY PRIOR TO DISPATCH FROM THE PRODUCTION AREAS ; WHEREAS , WITHIN THE FRAMEWORK OF THE PROGRESSIVE ESTABLISHMENT OF A UNIFORM SYSTEM OF INSPECTION OF PRODUCTS IRRESPECTIVE OF THEIR DESTINATION WITHIN THE COMMUNITY , SPECIAL MEASURES SHOULD BE ADOPTED TO GIVE PRIORITY OF INSPECTION TO PRODUCTS DISPATCHED IN LARGE COMPLETE LOADS FROM A GIVEN FORWARDING AREA TO OTHER COMMUNITY AREAS ;

WHEREAS THE MOVEMENT OF FRUIT AND VEGETABLES WHICH HAVE BEEN INSPECTED WILL BE FACILITATED IF , WHEN CONTROL IS COMPLETED , THE INSPECTOR ISSUES A CERTIFICATE OF INSPECTION ; WHEREAS THE CONDITIONS UNDER WHICH THAT CERTIFICATE MUST BE DRAWN UP AND ISSUED SHOULD BE LAID DOWN ;

WHEREAS THE WORK OF INSPECTORS SHOULD BE CO-ORDINATED ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR FRUIT AND VEGETABLES ;

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . WITH REGARD TO THE INSPECTION PROVIDED FOR IN THE SECOND SUBPARAGRAPH OF ARTICLE 5 ( 1 ) OF REGULATION N 158/66/EEC THE CONSIGNOR OR HIS REPRESENTATIVE SHALL NOTIFY THE INSPECTOR , PRIOR TO DISPATCH FROM FORWARDING AREAS , OF ALL CONSIGNMENTS TO BE DISPATCHED OUTSIDE THOSE AREAS . HE SHALL AT THE SAME TIME SUPPLY THE DETAILS NECESSARY TO IDENTIFY THE CONSIGNMENTS AND TO ENABLE THE INSPECTION TO BE CARRIED OUT . HE SHALL ALSO INDICATE THE DESTINATION OF THE CONSIGNMENTS .

FOR THE PURPOSES OF THIS REGULATION " FORWARDING AREAS " MEANS THOSE LISTED IN ANNEX I .

2 . IN RESPECT OF CONSIGNMENTS WEIGHING LESS THAN 4 METRIC TONS , MEMBER STATES MAY EXEMPT CONSIGNORS FROM THE OBLIGATIONS SPECIFIED IN PARAGRAPH 1 . MEMBER STATES SHALL INFORM THE COMMISSION OF PROVISIONS ADOPTED IN APPLICATION OF THIS PARAGRAPH .

3 . WHERE INSPECTION IS CARRIED OUT ON DISPATCH FROM THE FORWARDING AREA , A CERTIFICATE TO ACCOMPANY THE GOODS SHALL BE ISSUED UNDER THE CONDITIONS LAID DOWN IN ARTICLE 2 ( 1 ) .

WHERE SUCH INSPECTION IS NOT CARRIED OUT AN ACKNOWLEDGEMENT OF RECEIPT SHALL BE ISSUED TO ACCOMPANY THE GOODS . HOWEVER , MEMBER STATES MAY POSTPONE APPLICATION OF THIS PROVISION UNTIL 1 JUNE 1970 .

ARTICLE 2

1 . WHERE INSPECTION TAKES PLACE ON DISPATCH FROM THE FORWARDING AREA , THE INSPECTOR SHALL , AFTER SATISFYING HIMSELF THAT THE GOODS COMPLY WITH THE REGULATIONS IN FORCE AND THAT ALL NECESSARY MEASURES HAVE BEEN TAKEN SO THAT NO SUBSTITUTION OF THE GOODS INSPECTED CAN OCCUR , ISSUE A CERTIFICATE TO THE EFFECT THAT AT THE TIME OF INSPECTION THE GOODS COMPLIED WITH THE REGULATIONS IN FORCE .

2 . WHERE INSPECTION TAKES PLACE DURING TRANSPORT , THE INSPECTOR :

_ SHALL MAKE SURE THAT THE CERTIFICATE OR THE ACKNOWLEDGEMENT OF RECEIPT REFERRED TO IN ARTICLE 1 IS AVAILABLE IN RESPECT OF GOODS WHICH HAVE BEEN NOTIFIED IN ACCORDANCE WITH THAT ARTICLE ,

_ SHALL , IN RESPECT OF GOODS WHICH ARE NOT ACCOMPANIED BY A CERTIFICATE , ISSUE A CERTIFICATE UNDER THE CONDITIONS LAID DOWN IN PARAGRAPH 1 TO THE EFFECT THAT AT THE TIME OF INSPECTION THE GOODS COMPLIED WITH THE REGULATIONS IN FORCE .

ARTICLE 3

THE CERTIFICATE REFERRED TO IN THE PRECEDING ARTICLES SHALL BE DRAWN UP AND COMPLETED ON A FORM SIMILAR TO THAT SHOWN IN ANNEX II . IT SHALL CEASE TO BE VALID AS SOON AS THE GOODS WHICH IT ACCOMPANIES ARE DISTRIBUTED .

THE ACKNOWLEDGEMENT OF RECEIPT REFERRED TO IN THE SECOND SUBPARAGRAPH OF ARTICLE 1 ( 3 ) SHALL BE DRAWN UP AND COMPLETED ON A FORM SIMILAR TO THAT SHOWN IN ANNEX III .

ARTICLE 4

REPRESENTATIVES OF THE INSPECTION AUTHORITY OF A MEMBER STATE , APPOINTED FOR THE PURPOSE BY THAT SAME MEMBER STATE , MAY BE PRESENT AT INSPECTIONS CARRIED OUT BY INSPECTORS OF OTHER MEMBER STATES . THEY MUST HOLD WRITTEN AUTHORITY TO DO SO .

THE MEMBER STATE CONCERNED SHALL NOTIFY THE OTHER MEMBER STATES BEFOREHAND OF THE ABOVEMENTIONED TEMPORARY OR PERMANENT WRITTEN AUTHORITY AND THE CREDENTIALS OF THE INSPECTOR CONCERNED .

ALL MEMBER STATES SHALL ADOPT THE MEASURES NECESSARY TO ENABLE THESE INSPECTORS TO CARRY OUT THEIR TASK .

ARTICLE 5

1 . ANY MEMBER STATE ON WHOSE TERRITORY A CONSIGNMENT OF GOODS COMING FROM ANOTHER MEMBER STATE IS JUDGED NOT TO CONFORM TO THE REGULATIONS IN FORCE SHALL NOTIFY THAT MEMBER STATE IMMEDIATELY OF THE IRREGULARITY .

EACH MEMBER STATE SHALL FURNISH THE COMMISSION WITH A MONTHLY REPORT OF SUCH IRREGULARITIES .

2 . THE CHAIRMAN OF THE MANAGEMENT COMMITTEE FOR FRUIT AND VEGETABLES SHALL PRESENT TO THE COMMITTEE AT REGULAR INTERVALS A REPORT ON CASES OF IRREGULARITY OF WHICH HE HAS BEEN NOTIFIED BY MEMBER STATES .

ARTICLE 6

ARTICLE 4 OF COMMISSION REGULATION N 93/67/EEC ( 3 ) LAYING DOWN INITIAL PROVISIONS ON QUALITY CONTROL OF FRUIT AND VEGETABLES MARKETED WITHIN THE COMMUNITY IS HEREBY REPEALED .

ARTICLE 7

THIS REGULATION SHALL ENTER INTO FORCE ON 1 JANUARY 1970 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 24 DECEMBER 1969 .

FOR THE COMMISSION

THE PRESIDENT

JEAN REY

ANNEXES : SEE O.J .