Methods of inspection and rules on findings of non-conformity
Article 10
1. The conformity checks provided for in this Regulation, with the exception of those at the point of retail sale to the end consumer, shall be carried out in accordance with the methods of inspection laid down in Annex V, save as otherwise provided in this Regulation or in Delegated Regulation (EU) 2023/2429. Member States shall lay down specific arrangements for checking conformity at the point of retail sale to the end consumer. 2. Where the inspection body finds that the goods conform with the marketing standards, the inspection body may issue a certificate of conformity as set out in Annex III in accordance with Article 7. 3. Where the inspection body finds that the goods do not conform with the marketing standards, the inspection body shall issue a finding of non-conformity for the attention of the trader or their representatives. Goods for which a finding of non-conformity has been issued may not be moved without the authorisation of the inspection body which issued that finding. That authorisation can be subject to conditions laid down by the inspection body. Traders may decide to bring all or some of the goods into conformity. Goods brought into conformity may not be marketed before the inspection body has ensured by all appropriate means that the goods have actually been brought into conformity. The inspection body shall issue, where applicable, a certificate of conformity as set out in Annex III for the lot or part thereof only after the goods have been brought into conformity. If an inspection body accepts a trader’s request to bring the goods into conformity in a Member State other than that where the check leading to a finding of non-conformity has been carried out, the trader shall notify the inspection body of the destination Member State of the non-conforming lot. The Member State issuing the finding of non-conformity shall send a copy of that finding to the Member State of destination of the non-conforming lot as well as to other Member States concerned. Where the goods can neither be brought into conformity nor are intended for industrial processing, use for animal feed or any other non-food use, the inspection body may, if necessary, request traders to take adequate measures in order to ensure that the products concerned are not marketed. Traders shall supply inspection bodies with all information deemed necessary by Member States for the application of this paragraph. 4. Where conformity checks provided for in this Regulation identify possible fraudulent or deceptive practices in respect of the marketing standards, competent authorities shall take appropriate action in accordance with Regulation (EU) 2017/625 and exchange fraud notifications in accordance with Implementing Regulation (EU) 2019/1715.