Council Regulation (EEC) No 1319/85 of 23 May 1985 on the reinforcement of supervision of the application of Community rules on fruit and vegetables
Date: 1985-05-23
Institutions: Council of the European Union
Subjects: EU control, EU law, fruit, vegetable













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31985R1319

Council Regulation (EEC) No 1319/85 of 23 May 1985 on the reinforcement of supervision of the application of Community rules on fruit and vegetables  


Official Journal L 137 , 27/05/1985 P. 0039 - 0040 Finnish special edition: Chapter 3 Volume 18 P. 0180  Spanish special edition: Chapter 03 Volume 34 P. 0235  Swedish special edition: Chapter 3 Volume 18 P. 0180  Portuguese special edition Chapter 03 Volume 34 P. 0235  





COUNCIL REGULATION (EEC) N°  1319/85of 23 May 1985on the reinforcement of supervision of the application of Community rules on  fruit and vegetablesTHE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the  Treaty establishing the European Economic Community, and in particular Article 43 thereof,Having  regard to the proposal from the Commission (1),Having regard to the opinion of the European  Parliament (2),Whereas the Community rules on fruit and vegetables, and in particular Council  Regulation (EEC) N° 1035/72 of 18 May 1972 on the common organization of the market in fruit and  vegetables (3), as last amended by Regulation (EEC) N° 1332/84 (4), contain provisions on the  supervision of conformity with quality standards and the recording of prices which it is  particularly necessary to apply correctly and uniformly in order to ensure smooth market  management;Whereas conformity with Community rules in the matter of quality standards and the  recording of prices must be subjected to thorough inspections; whereas, in addition to the  inspections carried out by the Member States on their own initiative which remain essential,  provision should be made for inspections to be carried out by servants of the Commission and for  the latter to call on the services of the Member States;Whereas the competence of the servants of  the Commission and the limits within which they may operate should be defined,HAS ADOPTED THIS  REGULATION:Article 11.  Without prejudice to inspections carried out by the  authorities of the Member States, the Commission may decide to have inspections carried out,  together with officials of the Member State concerned, in the following areas:inspection of the  conformity with quality standards of products marketed fresh within the Community and traded with  third countries, inspection of the conformity with quality standards, or certain quality requirements of products listed inAnnex II to Regulation (EEC) N° 1035/72 which  are withdrawn from the market in accordance withArticles 15 and 15a or bought in in accordance  withArticles 19 and 19a of the said Regulation,inspection of the quality of fruit and vegetables  supplied to the processing industries in cases where common quality standards or classes have been  adopted for such products, in particular for the purposes of granting Community aid,verification of  the recording of the prices referred to in Articles 17 and 24 of the said Regulation.2.  The  Commission decision shall indicate the subject and purpose of the inspection and shall fix the date  on which it will begin.Article 2The Commission shall give due warning, before the beginning of  the inspection operations referred to inArticle 1, to the Member State in whose territory these  operations will take place. It shall indicate the most appropriate places where the inspections  must be carried out and shall determine the practical arrangements in cooperation with the  competent authorities of the Member State.Article 31.  For the purpose of carrying out the  inspections together with officials of the Member State concerned, the Commission inspectors shall  produce a written authorization specifying their identity and status together with the subject and  purpose of such inspections.2.  In carrying out their duties, in accordance with Article 1, the  Commission inspectors shall have the following rights and powers:(athey shall have access to all  premises, sites, plants and means of transport which the inspection operations may concern;(bthey  may request any explanations from the operators concerned;(cthey shall have access as necessary to  documents relating to the products and to the prices referred to inArticle 1.3.  The Commission  inspectors shall:(ain the course of the inspections, adopt an attitude compatible with the rules  and practices which officials of the Member States have to follow;(bbe bound by professional  secrecy. Article 41.  Producers of fruit and vegetables, their organizations and associations of their  organizations, traders in fruit and vegetables and any organization concerned with buying and  selling fruit and vegetables shall be required to submit to the verification referred to in Article  1.2.  For the purpose of carrying out the inspections jointly, in accordance with Article 3 (1),  officials of the competent authority of the Member State in whose territory the inspection is to be  carried out shall assist the Commission inspectors in the performance of their duties.Article  5Detailed rules for the application of this Regulation shall, where necessary, be adopted by the  Council, acting on aproposal from the Commission, in accordance with thevoting procedure laid  down in Article 43 (2) of the Treaty.Article 6At the conclusion of the inspections carried out on  the basis of this Regulation, the Commission shall forward a report on its findings to the Member  States in whose territory the inspection has been carried out, at the latter's request.Before 1  July each year the Commission shall present to the European Parliament and the Council a report on  the inspections carried out pursuant to this Regulation.Article 7This Regulation shall enter into  force on the third day following its publication in the Official Journal of the European  Communities. (1) OJ N° C 67, 14. 3. 1985, p. 38. (2) OJ N° C 94, 15. 4. 1985. (3) OJ N° L 118, 20. 5. 1972, p. 1. (4) OJ N° L 130, 16. 5. 1984, p. 1.