13.6.2001 Official Journal of the European Communities L 156/9 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, 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 ('), as last amended by Regulation (EC) No 911/2001 (3, and in particular Article 10 thereof, Whereas: Commission Regulation (EEC) No 2251/92 of 29 July 1992 on quality inspection of fresh fruit and veget- ables (°), as last amended by Regulation (EC) No 766/ 97 (*, 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of simplification and improved clarity, the rules should be completely recast and Regulation (EEC) No 2251/92 should be repealed. The Member States must designate the inspection bodies who are responsible for carrying out checks on 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 checks on particular categories of trader. To ensure 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 fresh fruit and vegetables in each Member State, 297, 21.11.1996, p. 1. 129, 11.5.2001, p. 3. () O] L () O] L () O] L 219, 4.8.1992, p. 9. () O] L 112, 29.4.1997, p. 10. following the register drawn up according to Regulation (EEC) No 2251/92. 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 to them. Checks on conformity must therefore be carried out before these goods enter Community 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. The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fresh Fruit and Vegetables,