L 62/8 Official Journal of the European Union 6.3.2003 COMMISSION REGULATION (EC) No 408/2003 of 5 March 2003 amending Regulation (EC) No 11482001 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 Commission Regula- tion (EC) No 47/2003 (3, and in particular Article 10 thereof, Whereas: (1)  Commission Regulation (EC) No 1148/2001 (), amended by Regulation (EC) No 2379/2001 (%), lays down rules for the application of checks on marketing conformity to standards both for products for consump- tion on the internal market and for exported products. (2) It is necessary to clearly establish that traders offering sufficient guarantees of conformity and therefore bene- fiting from special provisions at the export stage are not necessarily only those who packaged the products at the stage of dispatch. Indeed, some traders, offering such guarantees, for example wholesalers practising re-export or re-shipping after self-checking conformity do not have packing facilities. In addition, for clarification purposes, the mention ‘Self-check’ shall be added in the certificate issued at the stage of export when the inspec- tion body did not itself carry out the physical check of the goods. (3) It is opportune to concentrate the checks carried out by Member States at the import stage on lots and consign- ments presenting the higher risks of non-conformity with marketing standards. It is desirable to that effect that Member States establish criteria on which such risks are to be assessed, together with rules on how checks may be relaxed where the risks of non-conformity are low. For the purpose of harmonisation of checking prac- tices among the Member States, it is opportune that the Commission establish common guidelines. (4)  Lots accompanied by conformity certificates issued by third countries the checks of which are approved according to Regulation (EC) No 1148/2001 present less of a risk of non-conformity than lots and consignments which are not accompanied by such certificates. The proportion of checks on such lots and consignments should therefore be substantially lower than for goods not accompanied by such certificate. It should also be ensured in this case, given the lower proportion of checks and the checking costs already generated in the 1 () OJ L 297, 21.11.1996, p. 1. () OJL7,11.1.2003, p. 64. () OJ L 156, 13.6.2001, p. 9. (% OJ L 321, 6.12.2001, p. 15. exporting third countries, that possible fees perceived by Member States to that effect are lower than fees perceived under the general import checks scheme and are proportionate to the checks realised. (5)  Additional provisions should be laid down concerning cases where traders wish to bring goods into conformity in a Member State other than that in which the goods in question have been found not to conform and cases where it is not longer possible to bring goods into conformity. (6)  Numerous packages, pre-printed before 1 January 2002 and still showing the mentions established by Commis- sion Regulation (EEC) No 2251/92 (°), as last amended by Regulation (EC) No 766/97 (%), are still available in the stocks of certain traders. It is opportune to prolong by six months the period during which these packages can still be used. (7)  The inspection methods laid down in Annex IV should be updated, in particular to take account of practices specific to nuts and of ways of testing the degree of ripe- ness of fruit and vegetables. (8)  Regulation (EC) No 1148/2001 shall therefore be amended accordingly. (99 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: Atrticle 1 Regulation (EC) No 1148/2001 is hereby amended as follows: 1. Article 5 is amended as follows: (a) in paragraph 1, the third subparagraph is deleted; (b) the following paragraph 1a is inserted: ‘1 bis. Member States may apply the provisions mentioned in the second subparagraph to traders fulfilling the following conditions: (a) they offer sufficient guarantees of a consistent and high rate of conformity for the fruit and vegetables which they market; (b) they have inspection staff who have received training approved by the Member State; () OJ L 219, 4.8.1992, p. 9. (9 OJ L 112, 29.4.1997, p. 10.