Article 7 · Commission Implementing Regulation (EU) 2026/344

Contents

Article 7Cooperation and assistance on water content controls#

1.The Member State of destination may, where there are serious grounds for suspecting irregularities, carry out non-discriminatory random checks of frozen or quick-frozen chicken carcasses in order to verify that a batch meets the requirements of Article 14 of Delegated Regulation (EU) 2026/343.

2.The checks referred to in paragraph 1 shall be carried out at the place of destination of the goods or at another suitable place, provided that in the latter place is not at the border and interferes as little as possible with the routing of the goods and that the goods may proceed normally to their destination once the sample has been taken. However, the products concerned shall not be sold to the final consumer until the result of the checks prove the compliance with Article 14 of Delegated Regulation (EU) 2026/343.Such checks shall be carried out as quickly as possible to avoid undue delays in placing the products on the market, or cause delays which impair the products’ quality.Results of these checks and any subsequent decisions and the grounds for taking them shall be notified at the latest two working days after sampling to the consignor, the consignee or their representative. Decisions taken by the competent authority of the Member State of destination and the reasons for such decisions shall be notified to the competent authority of the Member State of dispatch.If the consignor or his representative so requests, the decisions and reasons for them shall be forwarded to him in writing with details of the rights of appeal which are available to him under the law in force in the Member State of destination and of the procedure and time limits applicable.

3.If the result of the checks referred to in paragraph 1 exceeds the values referred to in Article 14(2) of Delegated Regulation (EU) 2026/343, the holder of the batch concerned may request that a counter-analysis be carried out in one of the reference laboratories of the Member States from among the list published by the Commission on the Europa website, using the same method of analysis as used for the initial test. The costs of this counter-analysis shall be borne by the holder of the batch. The tasks of reference laboratories are set out in Annex IV to this Regulation.

4.If, after a check carried out in accordance with paragraphs 1 and 2 and, if requested, after a counter-analysis, it is found that the frozen or quick-frozen chicken carcasses do not comply with Article 14(2) of Delegated Regulation (EU) 2026/343, the competent authority of the Member State of destination shall apply the procedures provided for in Article 6(4) of this Regulation.

5.In the cases provided for in paragraphs 3 and 4, the competent authority of the Member State of destination shall contact the competent authorities of the Member State of dispatch without delay. The latter authorities shall take all necessary measures and notify the competent authority of the Member State of destination of the nature of the checks carried out, the decisions taken and the reasons for such decisions.Where the checks referred to in paragraphs 1 and 3 show repeated irregularities, or where such checks, in the view of the Member State of dispatch, are carried out without sufficient justification, the competent authorities of the Member States concerned shall inform the Commission.The Commission, acting on its own initiative to ensure uniform application of the poultrymeat marketing standards or at the request of the competent authority of the Member State of destination, may:

(a)request the cooperation of the competent national authorities of the Member State concerned to carry out on-the-spot inspections in the establishment concerned; or

(b)request the competent authority of the Member State of dispatch to intensify the frequency of controls and increase the sampling of the products of the establishment concerned and if necessary, to apply sanctions.

The Commission shall inform the Member States of its findings. Member States in whose territory an inspection is carried out shall provide the Commission personnel all the assistance necessary for the performance of their tasks.Pending the Commission’s findings, the Member State of dispatch shall, at the request of the Member State of destination, increase the frequency of checks on products coming from the establishment concerned.Where these measures are taken to address repeated irregularities in an establishment, the costs incurred due to the application of the measures laid down in the third subparagraph, points (a) and (b), shall be borne by the establishment concerned.