Article 6 · Commission Delegated Regulation (EU) 2021/2306

Contents

Article 6Official controls on consignments#

1.The competent authority at a border control post or at a point of release for free circulation, as appropriate, shall perform official controls on consignments for the verification of compliance with Regulation (EU) 2018/848 as follows:

(a)documentary checks on all consignments;

(b)identity checks carried out randomly; and

(c)physical checks at a frequency depending on the likelihood of non-compliance with Regulation (EU) 2018/848.

Documentary checks shall include an examination of the certificate of inspection, of all other supporting documents as provided in Article 5, and, where applicable, of the results of analyses or tests carried out on the samples taken.In case a certificate of inspection requires corrections of a purely clerical or editorial nature, the competent authority may accept that the control authority or control body that has issued the certificate of inspection updates the information in TRACES by replacing the document in accordance with the procedure available in TRACES without modifying the information in the initial certificate concerning the identification of the consignment, its traceability and the guarantees.

2.For consignments of high-risk products referred to in Article 8 of Delegated Regulation (EU) 2021/1698, the competent authority referred to in paragraph 1 of this Article shall check the documentation referred to in Article 16(6) of that Regulation and carry out identity and physical checks and take at least one representative sample of consignments in accordance with the applicable percentage laid down in the implementing act referred to in Article 8 of Delegated Regulation (EU) 2021/1698. The competent authority shall establish a representative sampling procedure appropriate to the category, quantity and packaging of the product.

3.After the verification as referred to in paragraph 1, and, where applicable, in paragraph 2, the competent authority shall take a decision on each consignment. The decision on the consignment shall be recorded in box 30 of the certificate of inspection in accordance with the model and the notes set out in the Annex and indicate one of the following:

(a)the consignment can be released for free circulation as organic;

(b)the consignment can be released for free circulation as in-conversion;

(c)the consignment can be released for free circulation as non-organic;

(d)the consignment cannot be released for free circulation;

(e)part of the consignment can be released for free circulation with an extract of the certificate of inspection.

The competent authority shall endorse the certificate of inspection in TRACES with a qualified electronic seal.

4.For products subject to official controls at border control posts, the following shall apply:

(a)paragraph 3 shall apply in addition to the rules regarding the use of the Common Health Entry Document (CHED) by the competent authorities at border control posts in accordance with Article 56(3), point (b)(i), of Regulation (EU) 2017/625 and at control points in accordance with Commission Delegated Regulation (EU) 2019/2123^note and with the rules on decisions on consignments laid down in Article 55 of Regulation (EU) 2017/625;

(b)documentary checks referred to in paragraph 1, point (a), may be performed at distance from border control posts in relation to certain organic products and in-conversion products in accordance with Articles 7 and 8 of Delegated Regulation (EU) 2019/2123;

(c)identity and physical checks referred to in paragraph 1, points (b) and (c), may be performed at control points in relation to certain organic products and in-conversion products in accordance with Articles 2 to 6 of Delegated Regulation (EU) 2019/2123.

5.The decision on consignments taken in accordance with Article 55 of Regulation (EU) 2017/625 shall refer to one of the indications referred to in paragraph 3, first subparagraph, of this Article. Where the importer has requested the placing under a special customs procedure in accordance with Article 7(1) of this Regulation, by completing box 23 of the certificate of inspection, the decision on consignments in accordance with Article 55 of Regulation (EU) 2017/625 shall indicate the applicable customs procedure.The decision recorded in the certificate of inspection indicating that the consignment or part thereof cannot be released for free circulation shall be notified without delay in TRACES to the relevant competent authority performing official controls in order to verify compliance with the rules referred to in Article 1(2), points (a) to (h) and (j), of Regulation (EU) 2017/625.In case the decision taken in the CHED in accordance with Article 55 of Regulation (EU) 2017/625 indicates that the consignment does not comply with the rules referred to in Article 1(2) of that Regulation, the competent authority at the border control post shall inform in TRACES the competent authority that has taken the decision in accordance with paragraph 3 of this Article, in order to update the certificate of inspection. In addition, any competent authority performing official controls in order to verify compliance with the rules referred to in Article 1(2), points (a) to (h) and (j), of Regulation (EU) 2017/625 shall provide in TRACES any relevant information, such as laboratory analysis results, to the competent authority that has taken the decision in accordance with paragraph 3 of this Article in order to update, if relevant, the certificate of inspection.

6.In case only part of a consignment is released for free circulation, the consignment shall be split into different batches before its release for free circulation. For each of the batches, the importer shall complete and submit in TRACES an extract of the certificate of inspection in accordance with Implementing Regulation (EU) 2021/2307. The competent authority of the Member State where the batch is intended to be released for free circulation shall perform the verification of the batch and shall endorse the extract of the certificate of inspection in TRACES with a qualified electronic seal.

7.For consignments subject to official controls at border control posts referred to in paragraph 4, the customs authorities shall allow the release for free circulation of the consignment only upon presentation of a duly finalised CHED in accordance with in Article 57(2), point (b), of Regulation (EU) 2017/625, and of a certificate of inspection endorsed in accordance with paragraph 6 of this Article indicating that the consignment can be released for free circulation.Where the consignment is split into different batches, the customs authorities shall require the presentation of a duly finalised CHED in accordance with Article 57(2), point (b), of Regulation (EU) 2017/625, and of an extract of the certificate of inspection in accordance with Implementing Regulation (EU) 2021/2307 indicating in box 12 that the batch can be released for free circulation.