Conformity checks
1. Member States shall ensure that conformity checks are carried out selectively, based on a risk analysis, and with appropriate frequency, so as to ensure compliance with, and to identify possible fraudulent or deceptive practices in respect of the marketing standards laid down in Articles 75 and 76 of Regulation (EU) No 1308/2013 and Delegated Regulation (EU) 2023/2429.
The criteria to assess the risk may include:
(a)
the existence of a certificate of conformity referred to in Article 7 of this Regulation issued by a competent authority;
(b)
the existence of a certificate of conformity issued by a competent authority of a third country where the conformity checks have been approved pursuant to Article 8 of this Regulation;
(c)
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;
(d)
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;
(e)
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;
(f)
the reliability of traders’ quality assurance systems or self-checking systems related to the conformity to marketing standards;
(g)
the place where the check is carried out, in particular if it is the point of first entry into the Union, or the place where the products are being packed or loaded;
(h)
any other information that might indicate a risk of non-compliance.
2. The certificates of conformity referred to in paragraph 1, second subparagraph, point (b), shall be considered as a factor reducing the risk of non-conformity.
3. The risk analysis shall be based on the information contained in the trader database referred to in Article 3 and Member States shall classify traders in risk categories on the basis of such risk analysis.
Member States shall lay down in advance:
(a)
the criteria for assessing the risk of non-conformity of lots;
(b)
the minimum proportions of traders or lots and/or quantities which will be subject to a conformity check, on the basis of a risk analysis for each risk category.
For products subject to the general marketing standard, based on a risk analysis, Member States may choose not to carry out selective checks.
4. Where checks reveal significant irregularities, Member States shall increase the frequency of checks in relation to concerned traders, products, origins, or other parameters.
5. Traders shall provide inspection bodies with all the information and facilities those bodies consider necessary for organising and carrying out conformity checks.
Acceptance of declarations by customs
1. Customs may only accept export declarations and/or declarations for the release into free circulation for the products subject to specific marketing standards if one of the following conditions is fulfilled:
(a)
the goods are accompanied by a certificate of conformity as referred to in Article 7 or, in the case of bananas, by the certificate of exemption set out in Annex II; or
(b)
the competent inspection body has informed the customs authority that it has issued a certificate of conformity for the lots concerned; or
(c)
the competent inspection body has informed the customs authority that it has not issued a certificate of conformity for the lots concerned because they did not need to be checked in the light of the risk analysis referred to in Article 5(1).
The acceptance of declarations referred to in the first subparagraph shall be without prejudice to any conformity checks the Member State may carry out pursuant to Article 5.
2. Member States may also apply paragraph 1 to products subject to the general marketing standard set out in Part A of Annex I to Delegated Regulation (EU) 2023/2429 and products referred to in Article 5(1), point (a)(i), of that Delegated Regulation if the Member State concerned considers it necessary in the light of the risk analysis referred to in Article 5(1) of this Regulation.
Certificate of conformity and certificate of exemption
1. Certificates of conformity for fresh fruit and vegetables or bananas subject to marketing standards and certificates of exemption for bananas may be issued by a competent authority.
The certificate of conformity is issued to confirm that the products concerned conform to the relevant marketing standard. The certificate of conformity for use by competent authorities in the Union is set out in Annex III.
For fresh fruits and vegetables, instead of certificates of conformity issued by competent authorities in the Union, the third countries referred to in Article 8(2) may use their own certificates of conformity, provided that they contain at least equivalent information to the Union certificate. The Commission shall make publicly available specimens of such third country certificates on the Europa website.
2. The certificate of exemption may be issued by the competent authority to confirm that the approved trader in question has the capacities to assure the conformity of the imported bananas to the relevant marketing standard. The certificate of exemption is set out in Annex II.
3. The certificates may be issued by the competent authority either in paper format with its stamp or in verified electronic format. They shall be signed by the person or persons empowered to do so by the competent authority either with a handwritten or with an electronic signature. Traders approved pursuant to Article 4 may also sign the certificate of conformity either with a handwritten or with an electronic signature.
4. The certificates shall be issued in at least one of the official languages of the Union.
5. Each certificate shall bear a serial number, by which it can be identified. The competent authority shall retain a copy of each issued certificate.
