(a) checks on conformity to marketing standards for the sectors and products referred to in Article 1 of Delegated Regulation (EU) 2023/2429 at all marketing stages; and (b) the requirements for notifications of non-conformity following conformity checks.
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
(a) a single competent authority responsible for coordination and contacts in the areas covered by this Regulation, hereinafter called "the coordinating authority"; and (b) an inspection body or bodies responsible for the application of this Regulation, hereinafter called "the inspection bodies".
(a) the name and postal and email addresses of the coordinating authority they have designated pursuant to paragraph 1, point (a); (b) the name and postal and email addresses of the inspection bodies they have designated pursuant to paragraph 1, point (b); (c) the exact description of the respective spheres of activity of the inspection bodies they have designated.
(a) holds products referred to in Article 1 of Delegated Regulation (EU) 2023/2429, with a view to: (i) displaying or offering them for sale; (ii) selling them; (iii) marketing them in any other manner; or
(b) actually carries out any of the activities referred to in point (a) as regards the sectors and products subject to marketing standards.
(a) distance selling whether by internet or otherwise; (b) such activities carried out by the natural or legal person for itself or on behalf of a third party; (c) activities carried out in the Union and/or by export to third countries and/or import from third countries.
(a) traders whose activities cover products listed in Article 3 of Delegated Regulation (EU) 2023/2429 or products that are exempt from the obligation to comply with the marketing standards pursuant to Article 5 of the same regulation; (b) natural or legal persons whose activities are limited to the transport of goods; (c) traders whose activities are limited to the sale at the retail stage.
(a) the registration number, name and address and the indication of the relevant sectors or products in which it operates among the ones referred to in paragraph 1; (b) information needed for its classification in one of the risk categories referred to in Article 5(3), in particular, position in the marketing chain and information concerning the importance of the firm; (c) information concerning findings made during previous checks of each trader; (d) any other information considered necessary for checks such as information concerning the existence of a quality assurance system or self-check system related to the conformity to the marketing standards; (e) the indication whether or not the trader has been approved in accordance with Article 4.
(a) sign the certificate of conformity as referred to in Article 7; (b) use, in the labelling of each package at the stage of dispatch, the specimen set out in Annex I for fresh fruit and vegetables and bananas produced in the Union; or (c) use the certificate of exemption set out in Annex II for bananas produced in third countries.
(a) have inspection staff who have received training or have relevant experience; (b) have suitable equipment for preparing, packing and checking produce; (c) commit themselves to carry out a conformity check on the goods they dispatch and have a register recording all checks carried out; (d) allow checks by coordinating authorities.
(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.
(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.
(a) the goods are accompanied by a certificate of conformity as referred to in Article 7 or, in the case of bananas, by the certificate of exemption set out in Annex II; or (b) the competent inspection body has informed the customs authority that it has issued a certificate of conformity for the lots concerned; or (c) the competent inspection body has informed the customs authority that it has not issued a certificate of conformity for the lots concerned because they did not need to be checked in the light of the risk analysis referred to in Article 5(1).
 |
| |||
| Country | Products |
|---|---|
| Switzerland | Fresh fruit and vegetables |
| Morocco | Fresh fruit and vegetables |
| South Africa | Fresh fruit and vegetables |
| Israel | Fresh fruit and vegetables |
| India | Fresh fruit and vegetables |
| New Zealand | Apples, pears and kiwi fruit |
| Senegal | Fresh fruit and vegetables |
| Kenya | Fresh fruit and vegetables |
| Türkiye | Fresh fruit and vegetables |
| Fresh fruit and vegetables |
packer and/or dispatcher, country of origin, nature of produce, class of produce, size (if the produce is graded according to size), variety or commercial type (according to the relevant provisions of the standard), type of packaging and presentation.
Assessment of packaging and presentation: The packaging, including the material used within the package, shall be tested for suitability and cleanness according to the provisions of the relevant marketing standard. This shall be done on the basis of primary samples, in case of packed produce and in all other cases on the basis of the transport vehicle. If only certain types of packaging or presentation are permitted, the inspector shall check whether these are being used. Verification of marking: The inspector shall check whether the produce is marked according to the relevant marketing standard. This shall include a check on the accuracy of marking and/or the extent of any amendments required. In case of packed produce, this check shall be carried out on the basis of the primary samples, in all other cases on the basis of the documents attached to the pallet or the transport vehicle. Fruit and vegetables individually wrapped in plastic shall not be considered as pre-packed foodstuff within the meaning of Regulation (EU) No 1169/2011 of the European Parliament and of the Council Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18 ).Verification of conformity of the produce: The inspector shall determine the size of the bulk sample in such way as to be able to assess the lot. The inspector selects at random the packages to be inspected or in the case of bulk produce the points of the lot from which individual samples shall be taken. Care shall be taken to ensure that the removal of samples does not adversely affect the quality of the produce. Damaged packages shall not be used as part of the bulk sample. They shall be set aside and may, if necessary, be subject to a separate examination and report. The bulk sample shall comprise the following minimum quantities whenever a lot is declared unsatisfactory or the risk of a produce not conforming to the marketing standard has to be examined: Packed produce Number of packages in the lot Number of packages to be taken (primary samples) Up to 100 5 From 101 to 300 7 From 301 to 500 9 From 501 to 1000 10 More than 1000 15 (minimum) Produce in bulk (direct loading into a transport vehicle or compartment thereof) Quantity of lot in kg or number of bundles in the lot Quantity of primary samples in kg or number of bundles Up to 200 10 From 201 to 500 20 From 501 to 1000 30 From 1001 to5000 60 More than 5000 100 (minimum)