Chapter II, Section 2, Article 5 · Commission Implementing Regulation (EU) 2023/2430

Contents

Article 5Conformity 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.