Commission Regulation (EC) No 2898/95 of 15 December 1995 concerning verification of compliance with quality standards for bananas

COMMISSION REGULATION (EC) No 2898/95 of 15 December 1995 concerning verification of compliance with quality standards for bananas
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 404/93 of 13 February 1993 on the common organization of the market in bananas (1), as last amended by Regulation (EC) No 3290/94 (2), and in particular Article 4 thereof,
Whereas, pursuant to Articles 2 to 4 of Regulation (EEC) No 404/93, Commission Regulation (EC) No 2257/94 (3) lays down quality standards for bananas to be delivered fresh to the consumer; whereas those quality standards apply to bananas imported from third countries at the stage of release for free circulation, to bananas originating in the Community at the stage of first landing at a Community port and to bananas delivered fresh to the consumer in the producing region at the stage of leaving the packing shed;
Whereas measures should be adopted to ensure uniform application of the rules, in particular as regards conformity checks;
Whereas, while taking due account of the nature of a highly perishable product and of the marketing practices and inspection procedures used in the trade, it should be laid down that checks on conformity are to be carried out in principle at the stage to which the standards apply as laid down in the second paragraph of Article 1 of Regulation (EC) No 2257/94;
Whereas a product which has satisfied checks at that stage is deemed to comply with the standards; whereas that assessment should be without prejudice to any unannounced checks carried out subsequently up to the ripening depot stage;
Whereas the check on conformity must not be systematic but random, by assessment of an overall sample taken at random from the lot selected for checking by the competent body and assumed to be representative of that lot; whereas, for that purpose, the appropriate provisions of Commission Regulation (EEC) No 2251/92 of 29 July 1992 on quality inspection of fresh fruit and vegetables (4), as last amended by Regulation (EC) No 3148/94 (5), should be made applicable, in the light of the practice and experience acquired in this sector;
Whereas the banana trade is subject to strong competition; whereas the traders concerned have themselves introduced strict checks; whereas checks should not, therefore, be carried out at the stage laid down on traders who offer suitable guarantees as regards staff and handling facilities and who can guarantee that the bananas they market in the Community conform with Community standards; whereas such exemptions must be granted by the Member State on the territory of which the check must in principle be carried out; whereas such exemptions must be withdrawn where the standards and conditions relating thereto are not met;
Whereas, in order for checks to be carried out, information must be supplied to the competent agencies by the traders concerned;
Whereas the certificate of conformity issued upon completion of the checks should not constitute an accompanying document for the bananas up to the final stage of marketing, but a document of proof of the conformity of the bananas with Community standards up to the ripening depot stage, in accordance with the scope of the standard, to be presented at the request of the competent authorities; whereas it should be stressed that bananas not conforming with the standards laid down in Regulation (EC) No 2257/94 may not be marketed for fresh consumption in the Community;
Whereas the Management Committee for Bananas has not delivered an opinion within the time limit set by its chairman,