Commission Regulation (EC) No 1148/2001 of 12 June 2001 on checks on conformity to the marketing standards applicable to fresh fruit and vegetables
Date: 2001-06-12
Institutions: European Commission
Subjects: food inspection, fresh fruit, fresh vegetable, marketing standard, preparation for market, quality standard

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COMMISSION REGULATION (EC) No 1148/2001

of 12 June 2001

on checks on conformity to the marketing standards applicable to fresh fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

following the register drawn up according to Regulation
(EEC) No 2251/92.

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 vegetables (1), as last amended by Regulation (EC) No
911/2001 (2), and in particular Article 10 thereof,

Whereas:

(1)

(2)

(3)

Commission Regulation (EEC) No 2251/92 of 29 July
1992 on quality inspection of fresh fruit and veget-
ables (3), as last amended by Regulation (EC) No 766/
97 (4), must be amended in a number of places to take
account of the development of and improved profes-
sionalism in the trade in fresh fruit and vegetables and of
changes in the common organisation of the markets in
this sector, and in order to clarify a number of ambigui-
ties in that Regulation. In the interests of simplification
and improved clarity, the rules should be completely
recast and Regulation (EEC) No 2251/92 should be
repealed.

for

responsible

carrying out

The Member States must designate the inspection bodies
checks on
who are
conformity at each stage of marketing. Given the very
diverse circumstances in the Member States, one or
other of these bodies in each Member State should be
responsible for contacts and coordination between all
designated bodies.

Conformity checks should be carried out by sampling
and should concentrate on traders most likely to have
goods which do not comply with the standards.
Depending on the characteristics of
their national
market, Member States must lay down rules prioritising
trader. To ensure
checks on particular categories of
transparency,
these rules should be notified to the
Commission. Since knowledge of traders and their main
characteristics is an indispensable tool in Member States'
analysis, it is essential to set up a database on traders in
in each Member State,
fresh fruit and vegetables

(4)

(5)

(6)

Exports of fruits and vegetables to third countries must
conform to the standards. Member States must ensure it
is the case and certify conformity, in accordance with
the Geneva Protocol on standardisation of fresh fruit and
vegetables and dry and dried fruit concluded within the
United Nations Economical Commission for Europe and
the OECD scheme for the application of international
standards for fruit and vegetables. Imports of fresh fruit
and vegetables from third countries must conform to the
marketing standards or to standards at least equivalent
therefore be
to them. Checks on conformity must
carried out before
enter Community
these goods
customs territory, except in the case of small lots which
the inspection authorities consider to be low risk. In
certain third countries which provide satisfactory guar-
antees of conformity, checks may be carried out by the
inspection bodies of these third countries. Where this
option is applied, the Member States are to verify regu-
larly the validity of the checks carried out by third
country inspection bodies and inform the Commission
of the results of these verifications.

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 suitably labelled and,
in certain
cases, accompanied by a processing certificate stating the
end-use and allowing checks to be made.

Fruit and vegetables checked for conformity to the
marketing standards should be subject to the same type
of check at all stages of marketing. The inspection guide-
lines recommended by the United Nations Economic
Commission for Europe, themselves in line with the
relevant OECD recommendations, should be adopted to
this end. Specific arrangements should however be laid
down for checks at the retail sale stage.

(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.

(7)

The measures provided for in this Regulation are in
accordance with the opinion of the Committee for Fresh
Fruit and Vegetables,

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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
this Regulation.

Article 2

Competent bodies

Each Member State shall designate a single competent
1.
authority responsible for coordination and contacts in the areas
covered by this Regulation, hereinafter called ‘the coordinating
authority’.

The Member States shall communicate to the Commis-

2.
sion:

— 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 subpara-
graph of Article 7 of Regulation (EC) No 2200/96, herein-
after called ‘the inspection bodies’, and

— an exact description of the respective spheres of activity of

the inspection bodies they appointed.

The coordinating authority may be the inspection body
3.
or one of the inspection bodies or any other body designated
according to paragraph 1.

The Commission shall publish the list of coordinating
4.
authorities designated by the Member States in the C series of
the Official Journal of the European Communities.

Article 3

Trader database

The Member States shall set up a database on traders in
1.
fruit and vegetables, which shall
list, under the conditions
defined by the present Article, traders involved in marketing
fresh fruit and vegetables for which standards have been laid
down in application of Article 2 of Regulation (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 their displaying or offering for sale,
their sale or their
marketing in any other manner for itself or on behalf of a third
party in the Community's territory and/or export
to third
countries.

Member States shall determine the conditions under which the
following traders are included or not in the database:

— traders whose activities are 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 of small quantities at the retail stage.

2. Where the database is composed of several distinct
elements, the coordinating authority shall ensure that the data-
base, its elements and their updating are uniform. The updating
is done in particular by the inspection bodies using the infor-
mation collected during checks carried out at all stages of
marketing.

This database shall contain, for each trader, the registra-
3.
tion number, name, address, information needed for its classi-
fication in one of the categories mentioned in Article 4 of this
Regulation,
in particular, position in the marketing chain,
information concerning the importance of the firm, informa-
tion concerning findings made during previous checks of each
trader, as well as any other information considered necessary
for checks.

4.
Traders must provide the information that the Member
States consider necessary to set up and update the database.
Member States shall determine the conditions under which
traders not established in their territory but trading on it shall
be listed in their database.

Article 4

Conformity checks on the internal market

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.

this

shall

system,

the Member States

Under
specify the
frequency, based on a risk analysis of a trader marketing goods
not in conformity with the marketing standards, with which
checks must be made by the inspection bodies, which must be
sufficient to ensure compliance with Community 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 checks and
other possible parameters to be defined by the Member States.
Traders involved in preparing and packaging fruit and veget-
ables, particularly in the production region, shall be subject to
a higher rate of checks than other categories of trader. Checks
may also occur during transport.

Where checks reveal significant irregularities, the inspection
bodies shall increase the frequency of checks on the traders
concerned.

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Traders must provide the inspection bodies with all infor-
judge necessary for organising and

2.
mation those bodies
carrying out checks.

the stage of
3. Member States may authorise traders at
dispatch guaranteeing uniform and high conformity rate of the
fruit and vegetables
they
dispatch to use the specimen in Annex 3 in the labelling of
each package. The authorisation shall be granted for a period
of three years and shall be renewable.

to marketing standards

subject

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 opera-
tions of checks carried out.

When traders can no longer guarantee high and uniform
conformity rate, or when one of the above mentioned condi-
tions is no longer fulfilled, the Member State shall withdraw the
authorisation for the trader to use the specimen in Annex III in
the labelling of each package.

4.
The coordinating authority shall communicate the provi-
sions of the inspection system as referred to in paragraph 1 to
the Commission before the application of this Regulation. This
communication shall include the different categories of traders
that were identified and the check frequency specified for each
of them, as well as, where appropriate, the detailed conditions
the
the provisions of paragraph 3,
implementation of
of
detailed conditions of
implementation of the provisions of
Article 5(1), including the minimum proportions of checks for
the different traders concerned. It shall immediately inform the
Commission of any subsequent amendments to that system.

Article 5

Conformity checks at the point of export

1.
The competent inspection body at the stage of export
shall ensure by a conformity check that products intended for
export to third countries only leave the Community's customs
territory if they conform to the marketing standards.

Exporters must provide the inspection bodies with all informa-
tion those bodies judge necessary for organising and carrying
out checks.

risk analysis, the minimum proportion of 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
checks reveal significant irregularities, the inspection bodies
shall increase the proportion of consignments checked on the
traders concerned.

The inspection body shall issue a certificate of conformity
2.
as set out in Annex I for each lot intended for export and
which they consider to be in conformity with the marketing
standards,
checking operations
mentioned in paragraph 1. Where the export consignment
consists of several lots, the conformity of those lots may be
certified on a single certificate which clearly lists the various
lots constituting that consignment.

completion of

after

the

The

3.
competent customs authority only if:

export declaration may be

accepted by the

— the goods are accompanied by either the certificate referred
to in paragraph 2 or the certificate referred 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 issue of one of those two certificates.

Article 6

Conformity checks at the point of import

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 informa-
tion those bodies judge necessary to organising and carrying
out the checks mentioned in paragraph 2 of this Article and
Article 7(5).

Notwithstanding Article 7, the official inspection body at
2.
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 the import consignment consists of several
lots, the conformity of those lots may be certified on a single
certificate which clearly lists the various lots constituting that
consignment.

The customs authorities shall authorise release for free

3.
circulation only if:

For traders conforming to the conditions of application of the
provisions mentioned in Article 4(3), Member States may
specify, for each category of trader concerned and based on a

— the goods are accompanied by the certificate referred to in
paragraph 2, the certificate referred to in Article 7(3) or the
certificate referred to in Article 8(2), or if

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— 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.

if it is found
The Commission may suspend approval
4.
that,
in a significant number of lots and/or quantities, the
goods do not correspond to the information in the certificates
of conformity issued by the third country inspection bodies.

Notwithstanding paragraphs 1, 2 and 3, where the
4.
competent inspection body at the point of import considers
that there is a low risk of certain lots of a weight less than or
equal to 500 kilograms not conforming to the marketing stan-
dards, they may choose not to check those lots. They shall send
the customs authority a stamped declaration to this end or
inform that authority in another manner that it may carry out
clearance procedures.

Article 7

Approval of checking operations performed by third
countries prior to import into the Community

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
operations performed by this third 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
Community marketing standards, or standards at least equiva-
lent, are met for products exported to the Community.

the

The approval specifies the official authority in the third country
under
responsibility of which checking operations
mentioned in paragraph 1 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 inspection bodies’.

The approval may only apply to products originating in the
third country concerned and may be limited to certain prod-
ucts.

The Commission shall publish the list of approvals granted to
third countries under the conditions of the present Article in
the C series of the Official Journal of the European Communities.

5. Member States shall conduct checks at
the point of
import on products imported under the conditions set out in
the present Article for conformity with the standards by
carrying out conformity checks
each third country
concerned on a significant proportion of the consignments and
quantities imported under those conditions. This proportion
must be sufficient to ensure compliance with the Community
rules by the third country inspection bodies. Member States
shall ensure that the measures laid down in Article 9(3) are
applied to the lots checked, where those lots do not comply
with the marketing standards.

for

Where checks reveal significant irregularities, Member States
shall immediately inform the Commission, and the inspection
bodies shall
increase the proportion of consignments and
quantities checked in accordance with the provisions of this
Article.

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 of lots and total quantities imported in
accordance with paragraph 1, the number of lots and the
quantities which have been checked for conformity as referred
to in paragraph 5 and, of those lots, those which the inspection
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 defects giving rise to that finding.

The customs authorities shall provide the coordinating
7.
authority and/or the inspection bodies with all
information
necessary for the application of the provisions of the present
Article.

Article 8

Products intended for processing

The third country inspection bodies must be official
3.
bodies or officially recognised by the authority mentioned in
paragraph 2 providing satisfactory guarantees and disposing of
the necessary personnel, equipment and facilities to carry out
checks according to the methods mentioned in Article 9(1) or
equivalent methods.

1.
For the purpose of the application of this Regulation,
products intended for processing are fresh fruit and vegetables
subject to marketing standards that are shipped to processing
plants where they are processed into products classified in a
CN position different from that of the initial fresh product.

The third country inspection bodies shall draw up, for each lot
checked prior to its entry into Community customs territory,
either the certificate of conformity set out in Annex I, or any
other form agreed between 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 lots constituting that
consignment.

2.
The competent inspection bodies shall issue processing
certificates as provided for in Annex II for products intended
for export to third countries and products imported into the
Community where such products are intended for processing
and are, therefore, in accordance with Article 3(3)(a) of Regula-
tion (EC) No 2200/96, not subject to conformity with the
marketing standards. They shall ensure that the special labelling
provisions laid down paragraph 3 are complied with.

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In the case of imports, after having issued any certificate
3.
referred to in paragraph 2, the competent inspection body shall
immediately send to the coordinating authority of the Member
State where processing is to take place a copy of the certificate
and any forth information needed for a possible check of the
processing operations. After processing, the processing enter-
prise shall return the certificate to the competent inspection
body, which shall ensure that the products have actually 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
goods or shown on a notice placed in an 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 States concerned, to avoid any goods intended
for the fresh market being shipped outside the region of
production as goods intended for processing.

Article 9

Method of inspection

1.
The conformity checks provided for in this Regulation,
with the exception of those at the point of retail sale to the end
consumer, shall be carried out, save as otherwise provided
in accordance with the methods in
under this Regulation,
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 certifi-
cate of conformity as set out in Annex I. This certificate shall in
any event be issued at the point of import or export.

3. Where the goods do not conform with the standards, the
inspection 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 authorisation of the inspection body which
issued that finding. This authorisation can be subject to the
respect of conditions laid down by the inspection body.

certificate of conformity as set out in Annex I for the lot or
part thereof only once the goods have been brought into
conformity.

Article 10

Final provisions

1.
The inspection bodies of a Member State on whose terri-
tory a lot of goods from another Member State is found not to
conform with the standards because of defects or deterioration
which could have been detected at the time of packaging shall
immediately notify such cases of non-conformity discovered up
to the wholesale marketing stage,
including at distribution
centres, to the authorities of the other Member States likely to
be concerned.

2. Where, on import from a third country, a lot of goods
are found not to conform with the standards, the coordinating
authority of the Member State concerned shall
immediately
notify the Commission and the coordinating authorities of the
other Member States likely to be concerned, which shall then
pass on this information as necessary in their territory. The
Commission shall be notified via the electronic system indi-
cated by the Commission.

3.
For the purposes of applying this Regulation, in the case
of products for which marketing standards have been adopted,
indicate the
invoices and accompanying documents must
quality class, the country of origin of the products and, where
appropriate, the fact that it is intended for processing. This
requirement shall not apply to retail sale to the end consumer.

Article 11

1.

Regulation (EEC) No 2251/92 is hereby repealed.

2.
Traders exempted from inspection of goods at 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 to that Regulation until 31 December 2002.

3.
Inspection certificates issued according to Article 3(9) of
Regulation (EEC) No 2251/92 are valid until the date of validity
in box 12 of the concerned certificates expires. Processing
certificates issued according to Article 10 of Regulation (EEC)
No 2251/92 are valid until 31 January 2002.

Article 12

Traders may decide to bring all or some of the goods into
conformity. Goods brought
into conformity may not be
marketed before the competent inspection body has ensured by
the goods have actually been
all appropriate means that
issue, where applicable, a
brought into conformity. It shall

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.

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This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 12 June 2001.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX I

CERTIFICATE OF CONFORMITY WITH THE COMMUNITY MARKETING STANDARDS FOR FRESH FRUIT AND VEGETABLES

1. Trader

Certificate of conformity with the marketing standards applicable to fresh fruit
and vegetables as provided by Regulation (EC) No 2200/96

No . . . . . . . . . . . .

(This certificate is exclusively for the use of inspection bodies)

2. Packer identified on packaging

3. Inspection body

(if other than trader)

4. Place of inspection/country of origin (1)

5. Region or country of destination

6. Identifier of means of transport

7.

(cid:1) internal

(cid:1) import

(cid:1) export

8. Packages (number and

9. Type of product (variety if the

10. Quality class

11. Total weight in kg gross/net (2)

type)

standard specifies)

—

—

—

—

12. The abovementioned inspection body certifies following inspection by sampling that the above goods correspond at the time of

inspection to the marketing standards referred to in Article 2 of Regulation (EC) No 2200/96 in force

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Customs office foreseen: entry/exit (2)

Period of validity:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . days

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Place and date of issue

Inspection

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inspector:

(name in block letters)

13. Comments

Signature

(1) Where the goods are being re-exported, indicate their origin in box 9.
(2) Delete as appropriate.

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ANNEX II

CERTIFICATE OF INDUSTRIAL USE REFERRED TO IN ARTICLE 8(2) FOR FRESH FRUIT AND VEGETABLES SUBJECT TO
COMMUNITY MARKETING STANDARDS

1. Trader

Certificate of industrial use

(Fresh fruit and vegetables subject to marketing standards
according to Regulation (CE) No 2200/96)

No ....................

2. Identifier of means of transport

3. Inspection body issuing the certificate

4. Intended industrial use/Name and address of processor

5. Inspection body for the region where processing is to take

place

6. Number of packages or the words ‘in

7. Nature of goods/country of origin

8. Total weight in kg gross/net (1)

bulk'

9.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Customs office foreseen: extry/exit (1)

Place and date of issue

Inspection stamp

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inspector:

Signature

(name in block letters)

10. Comments

11. The processor certifies that the product indicated above has been processed.

Place and date:

Signature

Stamp

12. The present certificate shall be returned, signed and stamped in box 11, after processing of the goods mentioned in boxes 6, 7

and 8, to the inspection body mentioned in box 5

(1) Delete as appropriate.

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ANNEX III

SPECIMEN MENTIONED IN ARTICLE 4(3)

Regulation (EC) No …/2001

No

(Member State)

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ANNEX IV

METHODS OF INSPECTION MENTIONED IN ARTICLE 9(1)

Note: The following methods of inspection are based on the provisions of the guide for the implementation of quality control of fresh fruit
and vegetables adopted by the UN/ECE (United Nations Economic Commission for Europe) Working Party for standardisation of
perishable goods and improvement of quality.

1. Definitions

(a) Conformity check

Inspection carried out to check the conformity of fruit and vegetables with the marketing standards provided by
Regulation (EC) No 2200/96.

(b) Inspector

Person authorised by the competent inspection body who has an appropriate 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.

(g) Bulk sample

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) Reduced samples

Representative quantity of produce taken from the bulk sample whose size is sufficient to allow the assessment of
certain individual criteria. Several reduced samples may be taken from a bulk sample.

2. Implementation of conformity check

(a) General remark

A conformity check shall take place by assessing bulk samples taken at random from different points in the lot to
be controlled. It is based on the principle of presumption that the lot conforms to the bulk sample.

(b) Presentation of produce

The inspector decides which packages are to be controlled. The presentation shall be made by the person
authorised to do so or his representative. The procedure should include the presentation of a bulk sample as well
as the supply of all

information necessary for the identification of the consignments or lots.

If reduced samples are required, these are identified by the inspector himself from the bulk sample.

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(c) Identification of lots and/or getting general

impression of the consignement

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). For 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 determines how far the lots presented comply
with the information in these documents.

If the produce is to be, or has been loaded onto a means of transport, the registration number of the latter shall be
used for identification of the consignment.

(d) Verification of the lot

— 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. If the individual standard includes provisions concerning
presentation, their conformity is also checked,

— 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,

— verification of conformity of the produce:

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 packages in the lot

Number of packages to be taken (primary samples)

Up to 100

From 101 to 300

From 301 to 500

From 501 to 1 000

More than 1 000

5

7

9

10

15 (minimum)

Bulk produce

Quantity of lot in kg or number of bundles in the lot

Quantity of primary samples in kg or number of bundles

Up to 200

From 201 to 500

From 501 to 1 000

From 1 001 to 5 000

More than 5 000

10

20

30

60

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.

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.

(1) OJ L 186, 30.6.1989, p. 21.

L 156/22

EN

Official Journal of the European Communities

13.6.2001

Certain criteria such as the presence or the 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 necessary for the assessment of the lot; if, however,
defects are ascertained or suspected the size of the reduced sample shall not exceed 10 % of the size of the bulk
sample initially taken for the inspection.

(e) Control of produce

The produce has to be removed entirely from its packaging for the control; the inspector may only dispense with
this, 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 of the
bulk sample. When defects are detected, the inspector shall ascertain the respective percentage of the produce not
in conformity with the standard by number or weight.

(f) Report of control results

Documents mentioned in Article 9(2) and (3) are issued where appropriate.

If defects are found, the trader or his representative must be informed of the reasons of complaint. If the
compliance of produce with the standard is possible by a change in marking, the trader or his representative must
be informed of it.

If defects are found in a product, the percentage found not to be in conformity with the standard shall be
indicated. This is not necessary if it is possible to achieve compliance of produce with the standard by a change in
the marking of the product.

(g) Decline in value by conformity check

After the control, the bulk sample is put at the disposal of the trader or his representative.

The inspection body is not bound to hand back the elements of the bulk sample destroyed during the control.

When the conformity check has been limited to the minimum required, no compensation can be claimed from the
inspection body concerned if the commercial value of the produce has suffered a loss.