EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2023) XXX  draft  
 
COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
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   EN 1  EN COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
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  
THE 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 Parlia ment 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 1234/20071, and in particular Article 9 0a(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 Reg ulation (EU) No 543/20112 provides  for marketing 
standard s and checks on conformity  to marketing standards  for all fresh  fruit and 
vegetables  and requirements for notifications . Commission Implementing Regulation 
(EU) No 1333/20113 lays down marketing standards, rules on the verification of 
compliance with marketing standards and requirements for notifications in the banana s 
sector.   
(3) In the interest of clarity, it is appropriate to incorporate all the rules concerning checks 
on conf ormity to marketing standards and requirements for notifications of non -
conformity for the products and sector s covered by Commission Delegated Regulation 
(EU) 2023/ [DA PLAN/2022/1908  – to be completed by OP]4 in a single new 
Regulation, taking into accoun t the experience acquired in the application of the 
existing specific R egulations. In addition , Implementing Regulation s (EU) No 
                                                 
1 OJ L 347, 20.12.2013, p. 671.  
2 Commission 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).  
3 Commission 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).  
4 Commission Delegated Regulation (EU) 2023/ [to be completed by OP]  of […] 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 […], […], p. […]). EN 2  EN 543/2011 and (EU) No 1333/2011  are repealed by Delegated Regulation (EU) 
2023/ /[DA PLAN/2022/1908 – to be completed by OP] .  
(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 concentrat e 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 w ith Regulation (EU) 2017/625 of the European Parliament and of the 
Council5 and exchange fraud notifications in accordance with Commission 
Implementing Regulation (EU) 2019/17156. 
(9) Member States should ensure that exports of fruits and vegetables to third c ountries 
conform to the marketing standards . Member States  should certify conformity with the 
Geneva Protocol on standardisation of fresh fruit and vegetables and dry and dried 
fruit, concluded within the United Nations Economic Commission for Europe 
(UNEC E), and with the Scheme for the application of international standards for fruit 
and vegetables  of the Organisation for Economic Co -operation 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 
                                                 
5 Regulation (EU) 2 017/625 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 produc ts, 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 Regulat ion) (OJ L 095 7.4.2017, p. 1).  
6 Commission Implementing Regulation (EU) 2019/1715 of 30 September 2019 laying down rules for the 
functionin g of the information management system for official controls and its system components (the 
IMSOC Regulation) (OJ L 261 14.10.2019, p. 37) . EN 3  EN case of small lots which the inspection bodies consider to be low risk. It should be 
provided that i n 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 sho uld be 
subject to the same type of check at all stages of marketing. To this end, the inspection 
guidelines recommended by the UNECE , in line with the relevant OECD 
recommendations, 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/ [DA PLAN/2022/1908 – to be compl eted by OP] . 
(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:  
Chapter I  
INTRODUCTORY PROVISIONS  
Article 1  
Subject matter and scope  
This Regulation lays down rules on : 
(a) checks  on conformity to marketing standards for the sectors and products 
referred to in Article 1  of Delegated Regulation (EU) 2023 /[DA 
PLAN/2022/1908 – to be completed by OP]  at all marketing stages ; and 
(b) the r equirements for notifications of non -conformity following conformity 
checks.  
 
 
Chapter II  
CHECKS  ON CONFORMITY TO MARKETING STANDARDS  
SECTION 1  
GENERAL PROVISIONS  
Article 2 
Coordinating authorities and inspection bodies  
1. Each Member State shall designate:  EN 4  EN (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, 
hereinaft er called ‘the inspection bodies’.  
2. The coordinating authorities and inspection bodies referred to in paragraph  1 may be 
public  or private. However, the Member States shall be responsible for them in either 
case.  
The Member States shall notify the Commission of:  
(a) the name  and postal and e -mail address es of the coordinating authority they 
have designated pursuant to paragraph 1 , point (a); 
(b) the name  and postal and e -mail address es 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.  
3. The coordinating authority may be the inspection body or one of the inspection 
bodies or any other body designated pursuant to paragraph 1 . 
4. The Commission shall make publicly available the list of coordinating authorities 
designated by the Member States on the Europa website.  
Article 3 
Trader database  
1. Member States shall set up a database on traders  in the sectors and products referred 
to in Article 1 of Delegated Regulation (EU) 2023/ [DA PLAN/2022/1908 – to be 
completed by OP]  (hereinafter ‘trader database’) , under the conditions laid down  in 
this Article . 
For this purpose, Member States may use any other database or databases already 
established for other purposes.   
2. For the purpose s of this Regulation, ‘trader’ means any natural or legal person who:  
(a) holds products referred to in Article 1  of Delegated Regulation (EU) 2023/[DA 
PLAN/2022/1908 – to be completed by OP] , 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 
sector s and products subject to marketing standards.   
The activities referred to in the first subparagraph , point (a) , shall cover:  
(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.  EN 5  EN 3. Member States shall determine the conditions under which the following traders are 
to be included or not in the trader database:  
(a) traders whose activities cover products that  are exempt from the obligation to 
comply with the marketing standards pursuant to Article 5 of Delegated 
Regulation (EU) 2023 /[DA PLAN/2022/1908 – to be completed by OP] ;  
(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.  
4. Where the trader database is composed of several distinct elements, the coordinating 
authority shall ensure that the database, its elements and their updating are uniform.  
5. The trader database shall contain for each trader:  
(a) the registration number, name and address and the indication of the relevant 
sector s or products in which it operates among th e ones referred to in 
paragraph  1; 
(b) information needed for its classification in one of the  risk categories referred to 
in Article 5(2), 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 accord ance with  
Articl e 4. 
Member States shall update the trader database  where necessary , taking into account 
in particular the information collected during conformity checks.  
6. Without prejudice of paragraph 3, all traders shall  be register ed and shall provide  the 
information that Member States consider necessary to set up and update the trader 
database. Member States shall determine the conditions under which traders not 
established in their territory but trading on it shall be included in their database.  
Article 4 
Approved traders  
1. Member States may authorise  traders classified in the lowest risk category  in 
accordance with the conformity checks referred to in  Article 5 , on their request and 
subject to the  provi sion of  special guarantees on conformity to marketing standards , 
to:  
(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 . EN 6  EN Member States may restrict the authorisations referred to in the first subparagraph to 
one or two of the sectors and products referred to in Article 1 of Delegated 
Regulation (EU) 2023 /[DA PLAN/2022/1908 – to be completed by OP] . 
The certificate of exempti on referred to in  the first subparagraph,  point ( c), shall 
apply to the whole of the Union market for bananas  unloade d in the Member State 
which granted the exemption.  
2. The authorisation shall be granted for a period of at least one year.  
3. Traders benefiting from th e possibility referred to in paragraph 1 shall:  
(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 author ities.  
4. Where an approved trader no longer complies with the requirements for its 
authorisation , the Member State shall withdraw the authorisation . 
5. Member States shall establish a list of approved  traders  indicating the  registration 
number  referred to in Article 3( 5), first subparagraph, point  (a), as well as  the 
product s and the period  for which the authori sation has been granted . Member States 
shall  take appropriate steps to make such information  publicly available . 
 
SECTION 2 
CONFORMITY CHECKS CAR RIED O UT BY THE MEMBER STATES  
Article 5 
Conformity 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 fraudule nt 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/ [DA PLAN/2022/1908 – to be completed by OP]  . 
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 compet ent 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;  EN 7  EN (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 t o 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 certificate s 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 t o 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 selectiv e 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 fa cilities  those 
bodies consider  necessary for organising and carrying out conformity checks.  
Article 6 
Acceptance of declarations by customs  
1. Customs may only accept export declarations and/or declarations for the release into 
free circulation for the products subject to specific marketing standards if  one of the 
following conditions is fulfilled : 
(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 o f 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 d id EN 8  EN not need to be checked in the light of the risk analysis  referred to in Article 
5(1). 
The acceptance  of declarations  referred to in the first subparagraph shall be without 
prejudice to any  conformity checks the Member State may carry out pursuant to 
Article 5. 
2. Member States may also apply paragraph  1 to products subject to the general 
marketing standard set out in Part A of Annex I to Delegated Regulation 
(EU)  2023 /[DA PLAN/2022/1908 – to be completed by OP]  and products referred to 
in Article 5(1), point (a)(i) , of that Delegated Regulation if the Member State 
concerned considers it necessary in the light of the risk analysis referred to in Article 
5(1) of this Regulation . 
Article 7 
Certificate of conformity  and certificate of exemption  
1. Certificates of conformity  for fresh fruit and  vegetables or bananas subject to 
marketing standards  and certificates of exemption for bananas may be issued by a 
competent authority . 
The certificate of conformity is issued to confirm that the products concerned 
conform to the relevant marketing standar d. The certificate of conformity for use by 
competent authorities in the Union is set out in Annex II I.  
For fresh fruits and vegetables, instead of certificates of conformity issued by 
competent authorities in the Union, the third countries referred to in  Article 8(2) may 
use their own certificates  of conformity,  provided that they contain at least equivalent 
information to the Union certificate. The Commission shall make publicly available 
specimens of such third country certificates on the Europa website . 
2. The certificate of exemption may be  issued by the competent authority to confirm 
that the approved trader in question has the capacities to assure the conformity of the 
imported bananas to the relevant marketing standard. The certificate of exemption is 
set out in Annex II.  
3. The certificates may be issued by the competent authority either in paper format with 
its stamp  or in verified electronic format . They shall be  signed by the person or 
persons empowered to do so by the competent authority  either with a handwritten  or 
with an electronic signature . Traders a pproved pursuant to Article 4 may also sign 
the certificate of conformity either with a handwritten or with an electronic signature.   
4. The certificate s shall  be issued in at least one of th e official languages of the Union.  
5. Each certificate shall bear a serial number, by which it can be identified. The 
competent authority shall retain a copy of each issued certificate . 
SECTION 3 
CONFORMITY CHECKS CAR RIED OUT BY THIRD CO UNTRIES  
Article 8 
Approval of conformity checks carried out by third countries prior to import into the Union  
1. The request of a third country for the approval referred to in Article 9(1) of 
Delega ted Regulation (EU) 2023 /[DA PLAN/2022/1908 – to be completed by OP]  EN 9  EN shall spec ify the official authority in the third country under the responsibility of 
which checks on conformity to marketing standard s set out in that Delegated  
Regulation  are carried out. That authority shall be responsible for contacts with the 
Commission . The request for approval shall also provide the necessary  information  
to assess the requirements referred to  in Article 9(4) of that Delegated Regulation . 
2. The third countries where the  conformity checks have been approved under the 
conditions laid down  in Article 9 of Delega ted Regulation (EU) 2023 /[DA 
PLAN/2022/1908 – to be completed by OP]  and this Article, and the products 
concerned, are set out in Annex IV to this Regulation . For any new approval , the 
Commission shall update that Annex in accordance with Article 91, first paragraph, 
point (f), of Regulation (EU) No 1308/2013 . 
3. The Commission shall make publicly available details of the official authorities and 
inspection bodies concerned on the Europa website.  
Article 9 
Suspension of approval of the conformity checks  
The Commission may suspend approval of the conformity checks carried out by third 
countries if it is found that, in a significant number of lots and/or quantities, the goods do not 
correspond to the information in the certificates of conf ormity issued by the third country 
inspection bodies.  In case of suspension of approval , the Commission shall update Annex IV 
in accordance with Article 91, first paragraph, point (f), of Regulation (EU) No 1308/2013.  
 
SECTION 4 
METHODS OF INSPECTION  
Artic le 10 
Methods of inspection and rules on findings of non -conformity  
1. The conformity checks provided for in this Regulation, with the exception of those at 
the point of retail sale to the end consumer, shall be carried out in accordance with 
the methods of i nspection laid down in Annex V, save as otherwise provided in this 
Regulation  or in Delegated Regulation (EU) 2023 /[DA PLAN/2022/1908 – to be 
completed by OP] . 
Member States shall lay down specific arrangements for checking conformity at the 
point of retail sale to the end consumer.  
2. Where the inspect ion body  finds that the goods conform with the marketing 
standards, the inspection body may issue a certificate of conformity as set out  in 
Annex II I in accordance with Article 7 . 
3. Where the inspection body finds that the goods do not conform with the  marketing  
standards, the inspection body shall issue a finding of non -conformity for the 
attention of the trader or their representatives. Goods for which a finding of non -
conformity has been  issued may not be moved without the authorisation of the 
inspection body which issued that finding. That authorisation can be subject to 
conditions laid down by the inspection body.  EN 10  EN Traders may decide to bring all or some of the goods into conformity. Goo ds brought 
into conformity may not be marketed before the inspection body has ensured by all 
appropriate means that the goods have actually been brought into conformity. The 
inspection body shall issue, where applicable, a certificate of conformity as set out in 
Annex I II for the lot or part thereof only after the goods have been brought into 
conformity.  
If an inspection body accepts a trader’s request  to bring the goods into conformity in 
a Member State other than that where the check leading to a finding of non -
conformity has been carried out, the trader shall notify the inspection body of the 
destination Member State of the non -conforming lot. The Mem ber State issuing the 
finding of non -conformity shall send a copy of that finding to the Member State of 
destination of the non -conforming lot as well as to other Member States concerned.  
Where the goods can neither be brought into conformity nor  are inten ded for 
industrial processing , use for animal feed or any other non -food use, the inspection 
body may, if necessary, request traders to take adequate measures in order to ensure 
that the products concerned are not marketed.  
Traders shall supply inspection  bodies with all information deemed necessary by 
Member States for the application of this paragraph.  
4. Where conformity checks provided for in this Regulation identify possible fraudulent 
or deceptive practices in respect of the marketing standards, compete nt authorities 
shall take appropriate action in accordance with Regulation (EU) 2017/625 and 
exchange fraud notifications in accordance with Implementing Regulation (EU) 
2019/1715.  
 
SECTION 5 
NOTIFICATIONS  
Article 1 1 
Notifications  
1. A Member State where a consignment from another Member State is found not to 
conform with the marketing standards because of defects or deterioration which 
could have been detected at the time of packaging shall notify forthwith the Member 
States likely to  be concerned , including  those where the goods were packaged.   
2. A Member State where a lot of goods from a third country has been rejected from 
release into free circulation because of non -compliance with the marketing standards 
shall notify forthwith the M ember States likely to be concerned and the third country 
concerned if listed in Annex IV.  
3. Member States shall notify the Commission and the other Member States of the 
summarised results of the inspections at all marketing stages in a given year by 30 
June of the following year.  As regards imports from third countries  listed in Annex  
IV, this notification shall include the number of lots of goods that has been rejected 
during the previous year from the release into free circulation because of non -
complianc e with the marketing standard.  EN 11  EN 4. The notifications to the Commission  referred to  in paragraph 3 shall be made in 
accordance with Commission Delegated Regulation (EU) 2017/11837. 
 
CHAPTER  III 
FINAL  PROVISIONS  
Article 12 
Entry into force  and application  
This Regulation shall enter into force on the twentieth  day following that of its publication in 
the Official Journal of the European Union . 
It shall apply from 1 January 2025 . 
This Regulation shall be binding in its entirety and directly applicable in all  Member States.  
 
Done at Brussels,  
 For the Commission  
 The President  
 Ursula VON DER LEYEN  
                                                 
7 Commission Delegated Regulation (EU) 2017/1183 of 20 April 2017 on supplementing Regulations 
(EU) No 1307/2013 and  (EU) No 1308/2013 of the European Parliament and the Council with regard to 
the notifications to the Commission of information and documents (OJ L 171, 4.7.2017, p. 100).