Commission Implementing Regulation (EU) 2023/2430 of 17 August 2023 laying down rules concerning checks on conformity to marketing standards for the fruit and vegetables sector, certain processed fruit and vegetable products and the bananas sector
Commission Implementing Regulation (EU) 2023/2430of 17 August 2023laying down rules concerning checks on conformity to marketing standards for the fruit and vegetables sector, certain processed fruit and vegetable products and the bananas sectorTHE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007OJ L 347, 20.12.2013, p. 671., and in particular Article 90a(6), first subparagraph, point (c), and Article 91, first paragraph, points (b), (f) and (g), thereof,Whereas:(1)Regulation (EU) No 1308/2013 establishes a common organisation of agricultural markets, which includes, among others, the fruit and vegetables sector, processed fruit and vegetable products sector and bananas sector. It also empowers the Commission to adopt implementing acts in respect to checks of conformity to marketing standards and related notifications.(2)Commission Implementing Regulation (EU) No 543/2011Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (OJ L 157, 15.6.2011, p. 1). provides for marketing standards and checks on conformity to marketing standards for all fresh fruit and vegetables and requirements for notifications. Commission Implementing Regulation (EU) No 1333/2011Commission Implementing Regulation (EU) No 1333/2011 of 19 December 2011 laying down marketing standards for bananas, rules on the verification of compliance with those marketing standards and requirements for notifications in the banana sector (OJ L 336, 20.12.2011, p. 23). lays down marketing standards, rules on the verification of compliance with marketing standards and requirements for notifications in the bananas sector.(3)In the interest of clarity, it is appropriate to incorporate all the rules concerning checks on conformity to marketing standards and requirements for notifications of non-conformity for the products and sectors covered by Commission Delegated Regulation (EU) 2023/2429Commission Delegated Regulation (EU) 2023/2429 of 17 August 2023 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards marketing standards for the fruit and vegetables sector, certain processed fruit and vegetable products and the bananas sector, and repealing Commission Regulation (EC) No 1666/1999 and Commission Implementing Regulations (EU) No 543/2011 and (EU) No 1333/2011 (OJ L, 2023/2429, 3.11.2023, ELI link: http://data.europa.eu/eli/reg_del/2023/2429/oj). in a single new Regulation, taking into account the experience acquired in the application of the existing specific Regulations. In addition, Implementing Regulations (EU) No 543/2011 and (EU) No 1333/2011 are repealed by Delegated Regulation (EU) 2023/2429.(4)For the purposes of the selective checks based on a risk analysis as provided for in Article 90a(3) of Regulation (EU) No 1308/2013, it is necessary to lay down detailed rules on such checks. In particular, the role of the risk analysis when selecting products for checks should be detailed.(5)Each Member State should designate the inspection bodies responsible for carrying out conformity checks at each stage of marketing. A single competent authority should be responsible for contacts with and coordination between all designated inspection bodies.(6)Since knowledge of traders and their main characteristics is an indispensable tool in Member States’ analysis, it is essential to set up a database on traders of fruit and vegetables and bananas in each Member State. In order to ensure that all actors in the marketing chain are covered and for the sake of legal certainty, a detailed definition of "trader" should be laid down.(7)Conformity checks should be carried out by sampling and should concentrate on traders most likely to have goods which do not comply with the marketing standards. Taking into account the characteristics of their national markets, Member States should lay down rules prioritising checks on particular categories of traders. For the sake of transparency, those rules should be notified to the Commission.(8)Where conformity checks identify possible fraudulent or deceptive practices in respect of the marketing standards, competent authorities should take appropriate action in accordance with Regulation (EU) 2017/625 of the European Parliament and of the CouncilRegulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (OJ L 95, 7.4.2017, p. 1). and exchange fraud notifications in accordance with Commission Implementing Regulation (EU) 2019/1715Commission Implementing Regulation (EU) 2019/1715 of 30 September 2019 laying down rules for the functioning of the information management system for official controls and its system components (the IMSOC Regulation) (OJ L 261, 14.10.2019, p. 37)..(9)Member States should ensure that exports of fruits and vegetables to third countries conform to the marketing standards. Member States should certify conformity with the Geneva Understanding on standardisation of fresh fruit and vegetables and dry and dried fruit, concluded within the United Nations Economic Commission for Europe (UNECE), and with the Scheme for the application of international standards for fruit and vegetables of the Organisation for Economic Cooperation and Development (OECD).(10)Imports of fruit and vegetables from third countries should conform to the marketing standards or to standards equivalent to them. Conformity checks should therefore be carried out before those goods enter the customs territory of the Union, except in the case of small lots which the inspection bodies consider to be low risk. It should be provided that in certain third countries which provide satisfactory guarantees of conformity, pre-export checks may be carried out by the inspection bodies of those third countries. Where that option is applied, Member States should regularly verify the effectiveness and quality of the pre-export checks carried out by third country inspection bodies.(11)Fruit and vegetables checked for conformity to the marketing standards should be subject to the same type of check at all stages of marketing. To this end, the inspection methods of the OECD also recommended by the UNECE should be applied. Specific arrangements should, however, be laid down for checks at the retail sale stage.(12)In order to ensure the coherence between the marketing standards and their checks, this Regulation should enter into force on, and apply from, the same day as Delegated Regulation (EU) 2023/2429.(13)The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,HAS ADOPTED THIS REGULATION: