TITLE IICLASSIFICATION OF PRODUCTS
CHAPTER I General rules
Article 3Marketing standards; holders
1.
The requirements of F1Article 76(1) of Regulation (EU) No 1308/2013 shall be the general marketing standard. The details of the general marketing standard are set out in Part A of Annex I to this Regulation.
Fruit and vegetables not covered by a specific marketing standard shall conform to the general marketing standard. However, where the holder is able to show that the products are in conformity with any applicable standards adopted by the United Nations Economic Commission for Europe (UNECE), they shall be considered as conforming to the general marketing standard.
2.
The specific marketing standards F2... are set out in Part B of Annex I to this Regulation as regards the following products:
(a)
apples,
(b)
citrus fruit,
(c)
kiwifruit,
(d)
lettuces, curled leaved and broad-leaved endives,
(e)
peaches and nectarines,
(f)
pears,
(g)
strawberries,
(h)
sweet peppers,
(i)
table grapes,
(j)
tomatoes.
3.
For the purposes of F3Article 76(3) of Regulation (EU) No 1308/2013, ‘holder’ means any natural or legal person who is in physical possession of the products concerned.
Article 4Exceptions and exemptions from the application of marketing standards
1.
By way of derogation from F4Article 76(3) of Regulation (EU) No 1308/2013, the following products shall not be required to conform to the marketing standards:
(a)
provided they are clearly marked with the words ‘intended for processing’ or ‘for animal feed’ or any other equivalent wording, products:
- (i)
intended for industrial processing, or
- (ii)
intended for animal feed or other non-food use;
(b)
products transferred by the producer on his holding to consumers for their personal use;
F5(c)
products recognised in a Commission Decision F6issued before IP completion day at the request of F7Great Britain or a member State as products of a given region which are sold by the retail trade of that region or, in exceptional and duly justified cases, of F8the requesting country, in case of well established traditional local consumption;
(d)
products having undergone a trimming or cutting making them ‘ready to eat’ or ‘kitchen ready’.
(e)
products marketed as edible sprouts, following germination of seeds of plants classified as fruit and vegetables under F9Article 1(2)(i) and Part IX of Annex I to Regulation (EU) No 1308/2013.
2.
By way of derogation from F4Article 76(3) of Regulation (EU) No 1308/2013, the following products shall not be required to conform to the marketing standards within a given production area:
(a)
products sold or delivered by the grower to preparation and packaging stations or storage facilities, or shipped from his holding to such stations; and
(b)
products shipped from storage facilities to preparation and packaging stations.
3.
By way of derogation from F4Article 76(3) of Regulation (EU) No 1308/2013, F10nothing in this Regulation prevents the appropriate authorities from exempting from the specific marketing standards products presented for retail sale to consumers for their personal use and labelled ‘product intended for processing’ or with any other equivalent wording and intended for processing other than those referred to in paragraph 1(a)(i) of this Article.
4.
By way of derogation from F4Article 76(3) of Regulation (EU) No 1308/2013, F11nothing in this Regulation prevents the appropriate authorities from exempting from the marketing standards products directly sold by the producer to the final consumer for personal use on markets reserved only for producers within a given production area defined by F12the appropriate authorities.
5.
By way of derogation from F4Article 76(3) of Regulation (EU) No 1308/2013 as regards the specific marketing standards, fruit and vegetables other than the ‘Extra’ Class, at stages following dispatch, may show a slight lack of freshness and turgidity and slight deterioration due to their development and their tendency to perish.
6.
By way of derogation from F4Article 76(3) of Regulation (EU) No 1308/2013, the following products shall not be required to conform to the general marketing standard:
(a)
non-cultivated mushrooms of CN code 0709 59,
(b)
capers of CN code 0709 90 40,
(c)
bitter almonds of CN code 0802 11 10,
(d)
shelled almonds of CN code 0802 12,
(e)
shelled hazelnuts of CN code 0802 22,
(f)
shelled walnuts of CN code 0802 32,
(g)
pine nuts of CN code 0802 90 50,
(h)
pistachios of CN code 0802 50 00,
(i)
macadamia of CN code 0802 60 00,
(j)
pecans of CN code ex 0802 90 20,
(k)
other nuts of CN code 0802 90 85,
(l)
dried plantains of CN code 0803 00 90,
(m)
dried citrus of CN code 0805,
(n)
mixtures of tropical nuts of CN code 0813 50 31,
(o)
mixtures of other nuts of CN code 0813 50 39,
(p)
saffron of CN code 0910 20.
7.
Evidence shall be supplied to the competent authority of the F13relevant constituent nation that the products covered by paragraphs 1(a) and 2 fulfil the conditions laid down, in particular with regard to their intended use.
Article 5Information particulars
1.
The information particulars required by this Chapter shall be shown legibly and obviously on one side of the packaging, either indelibly printed directly onto the package or on a label which is an integral part of the package or affixed to it.
2.
For goods shipped in bulk and loaded directly onto a means of transport, the information particulars referred to in paragraph 1 shall be given in a document accompanying the goods or shown on a notice placed in an obvious position inside the means of transport.
3.
In the case of distance contracts within the meaning of F14Article 2(7) of Directive 2011/83/EU of the European Parliament and of the Council, conformity with the marketing standards shall require that the information particulars shall be available before the purchase is concluded.
4.
Invoices and accompanying documents, excluding receipts for the consumer, shall indicate the name and the country of origin of the products and, where appropriate, the class, the variety or commercial type if required in a specific marketing standard, or the fact that it is intended for processing.
Article 6Information particulars at the retail stage
1.
At retail stage, the information particulars required by this Chapter shall be legible and conspicuous. Products may be presented for sale provided the retailer displays prominently, adjacent to and legibly the information particulars relating to country of origin and, where appropriate, class and variety or commercial type in such a way as not to mislead the consumer.
2.
For products which are F15prepacked within the meaning of F16Article 2(2)(e) of Regulation (EU) No 1169/2011, the net weight shall be indicated, in addition to all the information provided for in the marketing standards. However, in the case of products sold by number, the requirement to indicate the net weight shall not apply if the number of items may be clearly seen and easily counted from the outside or, if the number is indicated on the label.
F17Article 7Mixes
1.
The marketing of packages of a net weight of 5 kg or less containing mixes of different species of fruits, of vegetables or of fruits and vegetables shall be allowed, provided that:
(a)
the products are of uniform quality and each product concerned complies with the relevant specific marketing standard or, where no specific marketing standard exists for a particular product, the general marketing standard;
(b)
the package is appropriately labelled, in accordance with this Chapter; and
(c)
the mix is not such as to mislead the consumer.
2.
The requirements of paragraph 1(a) shall not apply to products included in a mix which are not products of the fruit and vegetables sector referred to in F18Article 1(2)(i) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council.
3.
If the products in a mix originate in more than one F19... country, the full names of the countries of origin may be replaced with one of the following, as appropriate:
F20(a)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
F244.
By way of derogation from paragraph 3, packages of fruit and vegetables in a mix originating in more than one country:
(b)
may be placed on the market until the end of the period F25beginning with 30 September 2022 and ending with 31 December 2023, and may remain on the market until stocks are exhausted, if:
(i)
the mix does not contain any fruit or vegetables originating in the United Kingdom, and the package is labelled in accordance with paragraph 3, as it had effect immediately before IP completion day, or
(ii)
the mix contains fruit and vegetables originating in the United Kingdom and:
(aa)
does not contain any fruit or vegetables originating in the EU, and the package is labelled in accordance with paragraph 3(b), as it had effect immediately before IP completion day, or
(bb)
also contains fruit and vegetables originating in the EU (whether or not it also contains fruit and vegetables from any other country), and the package is labelled in accordance with paragraph 3(c), as it had effect immediately before IP completion day.