Commission Regulation (EC) No 2379/2001 of 5 December 2001 amending Regulation (EC) No 1148/2001 on checks on conformity to the marketing standards applicable to fresh fruit and vegetables
Date: 2001-12-05
Institutions: European Commission
Subjects: Community certification, food inspection, fresh fruit, fresh vegetable, marketing standard, quality label

6.12.2001

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Official Journal of the European Communities

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COMMISSION REGULATION (EC) No 2379/2001

of 5 December 2001

amending Regulation (EC) No 1148/2001 on checks on conformity to the marketing standards
applicable to fresh fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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 Commission Regu-
lation (EC) No 911/2001 (2), and in particular Article 10
thereof,

Whereas:

(1)

(2)

(3)

(4)

Article 7 of Commission Regulation (EC) No 1148/2001
of 12 June 2001 on checks on conformity to the
marketing standards applicable to fresh fruit and veget-
ables (3)
lays down the conditions under which the
Commission may approve the checking operations
performed by certain third countries
for products
exported to the Community.

Under the second subparagraph of Article 7(3) of Regu-
lation (EC) No 1148/2001,
third country inspection
bodies awarded such approval are to issue certificates of
conformity of products that the Community customs
authorities may accept for the purposes of releasing
those products for free circulation. Common characteris-
tics should therefore be laid down for the certificates
issued by different third countries, relating in particular
to the original and copies of such certificates,
their
format, printing, method of completion, numbering and
archiving, and the signatures and stamps to be included
thereon.

Article 7(5) of Regulation (EC) No 1148/2001 provides
for a system of sampling checks by Member States on
certificates issued by third countries. However, such
checks should be carried out a posteriori where there are
clear doubts about the authenticity of the certificates or
the accuracy of the data they contain.

To implement Article 7 of Regulation (EC) No 1148/
2001, a system of administrative cooperation must be
established between the Community and each of the
third countries concerned so that all the required infor-
mation can be made available to the competent authori-
ties in the Community. The substance and modus oper-
andi of this administrative cooperation must be speci-
fied.

(1) OJ L 297, 21.11.1996, p. 1.
(2) OJ L 129, 11.5.2001, p. 3.
(3) OJ L 156, 13.6.2001, p. 9.

(5) Where necessary, approval of checking operations
carried out by some third countries may require the
organisation of on-the-spot visits to assess their export
inspection systems. In such cases, provision should be
made for the possibility of using the special corps of
inspectors in the fruit and vegetable sector set up under
Article 40 of Regulation (EC) No 2200/96.

(6)

(7)

(8)

The specimen in Annex III to Regulation (EC) No 1148/
2001 should also be completed.

As a result, Regulation (EC) No 1148/2001 should be
amended.

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

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1148/2001 is amended as follows:

1. Article 7 is amended as follows.

(a) The fourth subparagraph of paragraph 2 is replaced by

the following:

‘For the purposes of the approval referred to in para-
graph 1, the Commission may use the special corps of
inspectors in the fruit and vegetable sector set up under
Article 40 of Regulation (EC) No 2200/96 to make
on-the-spot visits to check that the inspection opera-
tions carried out in the third country concerned comply
with the provisions of this Article and, where appro-
priate, make recommendations for improving the degree
of conformity of goods exported to the Community by
that third country.’

(b) The following subparagraphs are added to paragraph 3:

‘The standard forms on which the certificates provided
for in the second subparagraph of this paragraph are
drawn up shall be established within the framework of
the approval referred to in paragraph 1.

The certificate shall bear the word “original”. Where
additional copies are required, they should be stamped
with the word “copy”. The competent authorities in the
Community shall accept as valid only the original of the
certificate.

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languages of the Community.

The form shall measure 210 × 297 mm; a tolerance of
up to plus 8 mm or minus 5 mm in the length may be
allowed. The paper used shall be white, not containing
mechanical pulp, sized for writing and shall weigh not
less than 40 g/m2.
The forms shall be printed and completed in one of the
official
The forms must be completed using a mechanograph-
ical or similar process.
Entries must not be erased or overwritten. Any altera-
tions shall be made by crossing out the incorrect partic-
ulars and, where appropriate, adding those required.
Such changes shall be initialled by the person making
them and endorsed by the issuing authorities.
Each certificate shall bear a serial number, whether or
not printed, by which it can be identified, and shall be
stamped by the issuing authority and signed by the
person or persons empowered to do so.
The issuing authority shall retain a copy of each certifi-
cate it issues.’

(c) Paragraph 4 is replaced by the following:

if it is
The Commission may suspend approval
‘4.
found that, in a significant number of lots and/or quant-
ities, the goods do not correspond to the information in
the certificates of conformity issued by the third country
inspection bodies, or where an unsatisfactory response
has been made to the requests for a posteriori checks as
referred to in paragraph 5a.’

(d) The following paragraph 5a is inserted:

‘5a. Whenever doubts arise as to the authenticity of a
certificate as referred to in the second subparagraph of
paragraph 3 or
the information
the accuracy of
contained therein, an a posteriori check shall be carried
out.
The competent authority in the Community shall return
the certificate or its copy thereof to the official corre-
spondent in the third country, as referred to in the
second subparagraph of paragraph 2, giving, where

appropriate, the reasons for the enquiry and any infor-
mation obtained suggesting that the certificate is not
authentic or that the details it contains are incorrect.
Requests for a posteriori checks shall be brought to the
attention of the Commission as quickly as possible,
together with the results of each request.

Where a request is made for an a posteriori check, the
importer of
the products concerned may ask the
competent inspection bodies to carry out a conformity
check as referred to in Article 6.’

(e) The following paragraph 8 is added:

‘8.
The application of this Article shall be subject to
the establishment of a procedure for administrative
cooperation between the Community and each third
country concerned.

To this end the third countries concerned shall send the
Commission all relevant information on checking opera-
in particular specimens of the stamp imprints
tions,
used by the inspection bodies and, where appropriate,
and without delay, any change to this information.

The Commission shall notify this information, and any
subsequent amendments, to the coordinating authorities
inform the customs
in the Member States who shall
authorities and other competent authorities thereof.

Once administrative cooperation has been established,
and following any significant amendment of the infor-
mation communicated by a third country concerned
both within the framework of
this administrative
cooperation and as regards the names and addresses of
the official correspondent and of the inspection bodies,
the Commission shall publish a notice to this end in the
Official Journal of the European Communities (C series).’

2. Annex III is replaced by the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the seventh day
following its publication in the Official Journal of the European
Communities.

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

Done at Brussels, 5 December 2001.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX

‘ANNEX III

’