EUR-Lex - 31967R0093 - EN

ARTICLE 1

WITHIN THE FRAMEWORK OF OPERATIONS RELATING TO QUALITY CONTROL REFERRED TO IN ARTICLE 5 OF REGULATION NO 158/66/EEC , THE INSPECTOR SHALL , IN RESPECT OF PACKAGED PRODUCTS , DECIDE WHICH PACKAGES ARE TO BE INSPECTED . THE GOODS INSIDE THE PACKAGES UNDERGOING INSPECTION SHALL BE COMPLETELY UNPACKED . THE INSPECTOR MAY WAIVE THIS PROCEDURE ONLY IF THE TYPE AND METHOD OF PACKAGING ENABLE HIM TO EXAMINE THE CONTENTS WITHOUT REMOVING THE PRODUCTS . WHERE PRODUCTS ARE PRESENTED IN BULK , THE INSPECTOR SHALL TAKE SAMPLES .

ARTICLE 2

DURING INSPECTIONS CARRIED OUT DURING TRANSPORT , THROUGHOUT THE CHAIN OF DISTRIBUTION AND AT THE RETAIL SALE STAGE , THE INSPECTOR SHALL TAKE INTO ACCOUNT THE FACT THAT TRANSPORT OR STORAGE BY VIRTUE OF THE LENGTH OF TIME THEY INVOLVE AS WELL AS THE AMOUNT OF HANDLING TO WHICH THE PRODUCT IS SUBJECTED CAN :

( A ) SLIGHTLY DIMINISH THE FRESHNESS AND SIZE OF THE PRODUCTS ;

( B ) ENTAIL SLIGHT DETERIORATION OF THE PRODUCTS DUE TO THEIR RELATIVE MATURITY AND TO THEIR MORE OR LESS PERISHABLE NATURE ;

( C ) IN THE CASE OF TABLE GRAPES , ALSO CAUSE A NUMBER OF THE BERRIES TO FALL FROM THE STALK .

THE DETERIORATION REFERRED TO UNDER ( B ) AND ( C ) SHALL NOT BE TAKEN INTO CONSIDERATION IN RESPECT OF PRODUCTS IN THE " EXTRA " CLASS .

ARTICLE 3

WHERE THE ITEMS INSPECTED FAIL TO COMPLY WITH THE RULES IN FORCE , THE INSPECTOR SHALL , WITHOUT PREJUDICE TO THE PENALTIES PROVIDED FOR IN ARTICLE 8 OF REGULATION NO 158/66/EEC , REQUIRE THEM TO BE BROUGHT INTO CONFORMITY WITH THESE RULES IF THE GOODS CONCERNED ARE FOR SALE WITHIN THE MEANING OF ARTICLE 1 OF REGULATION NO 158/66/EEC .

ARTICLE 4

THE MEMBER STATES MAY MAKE PROVISION FOR THE INSPECTOR , AFTER HAVING SATISFIED HIMSELF THAT THE GOODS COMPLY WITH THE RULES IN FORCE , TO DELIVER AN ATTESTATION CERTIFYING THAT THE GOODS INSPECTED COMPLIED WITH THE RULES IN FORCE AT THE TIME OF INSPECTION .

ARTICLE 5

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 3 MAY 1967 .

FOR THE COMMISSION

THE VICE-PRESIDENT

L . LEVI SANDRI