Commission Regulation (EC) No 431/2006 of  15 March 2006  approving operations to check conformity to the marketing standards applicable to fresh fruit and vegetables carried out in Kenya prior to import into the Community
Date: 2006-03-15
Institutions: European Commission
Subjects: Kenya, fresh fruit, fresh vegetable, import, marketing standard, originating product, quality label

16.3.2006

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Official Journal of the European Union

L 79/9

COMMISSION REGULATION (EC) No 431/2006

of 15 March 2006

approving operations to check conformity to the marketing standards applicable to fresh fruit and
vegetables carried out in Kenya prior to import into the Community

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Checks on conformity carried out by Kenya should
therefore be approved with effect from the date of imple-
mentation of the administrative cooperation procedure
provided for
in Article 7(8) of Regulation (EC)
No 1148/2001.

Having regard to the Treaty
Community,

establishing the European

(5)

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

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), and in particular Article 10 thereof,

HAS ADOPTED THIS REGULATION:

Whereas:

(1)

(2)

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 vege-
tables (2), lays down the conditions for the approval of
checking operations performed by certain third countries
which so request prior to import into the Community.

The Kenya authorities sent the Commission a request for
the approval of checking operations performed under the
responsibility of
the Kenya Plant Health Inspectorate
Service (KEPHIS). This request states that the aforemen-
tioned inspection bodies have
the necessary staff,
equipment and facilities to carry out checks, that they
use methods equivalent to those referred to in Article
9 of Regulation (EC) No 1148/2001 and that the fresh
fruit
to the
Community meet the Community marketing standards.

exported from Kenya

and vegetables

(3)

The information sent by the Member States to the
Commission shows that,
in the period 2001 to 2005,
the
of non-conformity with marketing
standards among imports from Kenya of fresh fruit and
vegetables was very low.

incidence

Article 1

Checks on conformity to the marketing standards applicable to
fresh fruit and vegetables carried out by Kenya prior to import
into the Community are hereby approved in accordance with
Article 7 of Regulation (EC) No 1148/2001.

Article 2

Details of the official authority and inspection body in Kenya, as
referred to in the second subparagraph of Article 7(2) of Regu-
lation (EC) No 1148/2001, are given in Annex I to this Regu-
lation.

Article 3

The certificates referred to in the second subparagraph of Article
issued following the
7(3) of Regulation (EC) No 1148/2001,
checks referred to in Article 1 of this Regulation, must be
drawn up on forms in conformity with the model set out in
Annex II to this Regulation.

Article 4

This Regulation shall enter into force on the twentieth day
Journal of the
following that of its publication in the Official
European Union.

(1) OJ L 297, 21.11.1996, p. 1. Regulation as last amended by
Commission Regulation (EC) No 47/2003 (OJ L 7, 11.1.2003,
p. 64).

(2) OJ L 156, 13.6.2001, p. 9. Regulation as last amended by Regu-

lation (EC) No 408/2003 (OJ L 62, 6.3.2003, p. 8).

It shall apply from the date of publication in the C series of the
Official Journal of the European Union of the notice referred to in
Article 7(8) of Regulation (EC) No 1148/2001, relating to the
establishment of
cooperation between the
Community and Kenya.

administrative

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Official Journal of the European Union

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

Done at Brussels, 15 March 2006.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

Official authority referred to in Article 7(2) of Regulation (EC) No 1148/2001:

ANNEX I

Kenya Plant Health Inspectorate Service
Kephis Managing Director
PO Box 49592-00100
Nairobi
Tel: (254-20) 88 25 84
Fax: (254-20) 88 22 65
e-mail: kephis@nbnet.co.ke

Inspection body referred to in Article 7(2) of Regulation (EC) No 1148/2001:

Kenya Plant Health Inspectorate Service, Kephis
PO Box 49592-00100
Nairobi
Tel: (254-20) 88 45 45/88 23 08/88 29 33
Fax: (254-20) 88 22 45
e-mail: kephis@nbnet.co.ke

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Official Journal of the European Union

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ANNEX II