Commission Regulation (EC) No 1221/2008 of 5 December 2008 amending Regulation (EC) No 1580/2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector as regards marketing standards
Modified by
Commission Implementing Regulation (EU) No 543/2011of 7 June 2011laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors, 32011R0543, June 15, 2011
Corrected by
Corrigendum to Commission Regulation (EC) No 1221/2008 of 5 December 2008 amending Regulation (EC) No 1580/2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector as regards marketing standards, 32008R1221R(01), February 5, 2009
Commission Regulation (EC) No 1221/2008of 5 December 2008amending Regulation (EC) No 1580/2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector as regards marketing standards"Section 2Conformity checks carried out by Member StatesArticle 10Conformity checks1.Member States shall ensure that conformity checks are carried out selectively, based on a risk analysis, and with appropriate frequency, so as ensure appropriate compliance with the marketing standards and other provisions of this Title and of Articles 113 and 113a of Regulation (EC) No 1234/2007.The criteria to assess the risk shall include the existence of a conformity certificate referred in Article 12a issued by a competent authority of a third country whose checks on conformity have been approved according Article 13. The existence of such certificate shall be considered as a factor reducing the risk of non-conformity.The criteria to assess the risk may also include:(a)the nature of the product, the period of production, the price of the product, the weather, the packing and handling operations, the storage conditions, the country of origin, the means of transport or the volume of the lot;(b)the size of the traders, their position in the marketing chain, the volume or value marketed by them, their product range, the delivery area or the type of business carried out such as storage, sorting, packing or sale;(c)findings made during previous checks including the number and type of defects found, the usual quality of products marketed, the level of technical equipment used;(d)the reliability of traders quality assurance systems or self-checking systems related to the conformity to marketing standards;(e)the place where the check is carried out in particular if it is the point of first entry into the Community, or the place where the products are being packed or loaded;(f)any other information that might indicate a risk of non-compliance.2.The risk analysis shall be based on the information contained in the traders' database referred to in Article 9 and shall classify traders in risk categories.Member States shall lay down in advance:(a)the criteria for assessing the risk of non-conformity of lots;(b)on the basis of a risk analysis for each risk category, the minimum proportions of traders or lots and/or quantities which will be subject to a conformity check.Member States may choose not to carry out selective checks on products not subject to specific marketing standards, based on a risk analysis.3.Where checks reveal significant irregularities, Member States shall increase the frequency of checks in relation to traders, products, origins, or other parameters.4.Traders shall provide inspection bodies with all the information those bodies judge necessary for organising and carrying out conformity checks.Article 11Approved traders1.Member States may authorise traders classified in the lowest risk category and providing special guarantees on conformity to marketing standards to use the specimen in Annex II in the labelling of each package at the stage of dispatch and/or to sign the conformity certificate as referred in Article 12a.2.The authorisation shall be granted for a period of at least one year.3.Traders benefiting from this possibility shall:(a)have inspection staff who have received training approved by the Member States;(b)have suitable equipment for preparing and packing produce;(c)commit themselves to carry out a conformity check on the goods they dispatch and have a register recording all checks carried out.4.Where an authorised trader no longer complies with the requirements for authorisation the Member State shall withdraw the authorisation.5.Notwithstanding paragraph 1, authorised traders may continue to use specimens which conformed to this Regulation on 30 June 2009 until stocks are exhausted.Authorisations granted to traders before 1 July 2009 shall continue to apply for the period for which they were granted.Article 12Acceptance of declarations by customs1.Customs may only accept export declarations and/or declarations for the release for free circulation for the products subject to specific marketing standards if:(a)the goods are accompanied by a conformity certificate, or(b)the competent inspection body has informed the customs authority that the lots concerned have been issued a conformity certificate, or(c)the competent inspection body has informed the customs authority that it has not issued a conformity certificate for the lots concerned because they do not needed to be checked in the light of the risk assessment referred to in Article 10(1).This shall be without prejudice to any conformity checks the Member State may carry out pursuant to Article 102.Paragraph 1 shall also apply to products subject to the general marketing standard set out in Annex I and products referred to in Article 3(1)(a) if the Member State concerned considers it necessary in the light of the risk analysis referred to in Article 10(1).Article 12aConformity certificates1.Certificates may be issued by a competent authority to confirm that the products concerned conform to the relevant marketing standard. The certificate for use by competent authorities in the Community is set out in Annex III.The third countries referred to in Article 13(4) may use instead their own certificate provided the Commission considers that it contains at least equivalent information to the Community certificate. The Commission shall make available, by the means it considers appropriate, specimens of such third country certificates.2.These certificates may be issued either in paper format with original signature or in verified electronic format with electronic signature.3.Each certificate shall be stamped by the competent authority and signed by the person or persons empowered to do so.4.The certificate shall be issued in at least one of the official languages of the Community.5.Each certificate shall bear a serial number, by which it can be identified, and a copy of each issued certificate will be retained by the competent authority.6.Notwithstanding the first subparagraph of paragraph 1, Member States may continue to use conformity certificates which conformed to this Regulation on 30 June 2009 until stocks are exhausted."