General marketing standard for fruits and vegetables referred to in Article 1(2), point (a)
1. The requirements of Article 76(1) of Regulation (EU) No 1308/2013 shall constitute the general marketing standard for the fruits and vegetables referred to in Article 1(2), point (a).
Fruit and vegetables referred to in Article 1(2), point (a) shall conform to that general marketing standard unless they are subject to a specific marketing standard.
The details of the general marketing standard are set out in Part A of Annex I to this Regulation.
2. Where the holder of fruit and vegetables referred to in paragraph 1 is able to show that the products are in conformity with any applicable standard adopted by the United Nations Economic Commission for Europe (UNECE), they shall be considered as conforming to the general marketing standard referred to in paragraph 1.
3. For the purposes of this Article, ‘holder’ means any natural or legal person who is in physical possession of the products concerned or offers them for sale at distance or by any digital means.
Indication of the origin for certain processed fruit and vegetable products and ripened bananas
The following products shall carry an indication of the country of origin:
(a)
dried fruits of CN code ex 0813, as defined in Part X of Annex I to Regulation (EU) No 1308/2013;
(b)
dried figs of CN code 0804 20 90;
(c)
dried grapes of CN code 0806 20;
(d)
ripened bananas of CN code 0803 90 10 and resulting of the ripening on the Union territory.
Specific marketing standards for fruits and vegetables and for bananas
1. The following products or sector shall conform to the specific marketing standards set out in Part B of Annex I:
(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;
(k)
bananas.
2. For the purposes of paragraph 1, point (k), the following shall apply:
(a)
the specific marketing standard of the bananas sector is set out in Part B, Part 11 of Annex I for bananas of the varieties listed in the Appendix to that Annex, excluding bananas intended for processing. This marketing standard shall apply to bananas originating in third countries at the stage of release for free circulation, to bananas originating in the Union at the stage of first unloading in the Union, and to bananas delivered fresh to the consumer in the producing region at the stage of leaving the packing shed;
(b)
the specific marketing standard referred to in point (a) shall not affect the application, at later stages of marketing, of national rules which:
(i)
do not impede the free circulation of bananas originating in third countries or other regions of the Union and complying with the marketing standard referred to in the first subparagraph; and
(ii)
are not incompatible with the marketing standard referred to in the first subparagraph.
Exceptions and exemptions from the application of marketing standards
1. By way of derogation from Article 76(2) and (3) of Regulation (EU) No 1308/2013:
(a)
the following products shall not be required to conform to the marketing standards:
(i)
products that are clearly marked with the words ‘intended for processing’ or ‘for animal feed’ or any other equivalent wording and are:
—
intended for industrial processing, or
—
presented for retail sale to consumers for their personal use and intended for processing by them, or
—
intended for the preparation of the products referred to in subparagraph (b)(xvii) of this paragraph, or
—
intended for animal feed or other non-food use;
(ii)
products sold by the producer directly to consumers for their personal use on their holding or, within a given production area as defined by the competent authority:
—
on a local market in a place reserved only to producers, or
—
by direct delivery;
(iii)
products marketed as edible sprouts, following germination of seeds of plants classified as fruit and vegetables listed in Part IX of Annex I to Regulation (EU) No 1308/2013;
(iv)
products of a given region which are sold by the retail trade of that region in case of well-established traditional local consumption or in exceptional and duly justified cases, subject to the conditions laid down in paragraph 4 of this Article;
(b)
the following products shall not be required to conform to the marketing standard except regarding the indication of the country of origin as referred to in Article 76(1) of Regulation (EU) No 1308/2013:
(i)
non-cultivated mushrooms of CN code ex 0709 51 to ex 0709 56 and 0709 59;
(ii)
capers of CN code 0709 99 40;
(iii)
bitter almonds of CN code 0802 11 10;
(iv)
shelled almonds of CN code 0802 12;
(v)
shelled hazelnuts of CN code 0802 22;
(vi)
shelled walnuts of CN code 0802 32;
(vii)
shelled pistachios of CN code 0802 52;
(viii)
shelled macadamia of CN code 0802 62;
(ix)
shelled pine nuts of CN code 0802 92;
(x)
pecans of CN code 0802 99 10;
(xi)
other nuts of CN code 0802 99 90;
(xii)
dried plantains of CN code 0803 10 90;
(xiii)
dried citrus of CN code ex 0805;
(xiv)
mixtures of tropical nuts of CN code 0813 50 31;
(xv)
mixtures of other nuts of CN code 0813 50 39;
(xvi)
saffron of CN code 0910 20;
(xvii)
products classified as fruit and vegetables and listed in Part IX of Annex I to Regulation (EU) No 1308/2013, having undergone any preparation beyond the extent of trimming as indicated in the applicable UNECE specific standard, or not intact within the meaning of the general marketing standard and making them ready to be directly consumed fresh or cooked;
(c)
in case of donation, other than the free distribution covered by agreements and decisions referred to in Article 222 of Regulation (EU) No 1308/2013 or supported within operational programs under Article 52 of Regulation (EU) 2021/2115 of the European Parliament and of the Council ( 8 ) , the products covered by this Regulation shall be required to conform to the general marketing standard except regarding marking provisions, provided they are clearly marked with the words ‘intended for donation’ or equivalent marking.
2. By way of derogation from Article 76(2) and (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 defined by the Member State concerned, including where that production area is a transnational area as defined by the Member States concerned:
(a)
products sold or delivered by the grower to preparation and packaging stations or storage facilities, or shipped from his holding to such stations;
(b)
products shipped from storage facilities to preparation and packaging stations;
(c)
products of EU origin that do not conform to the marketing standards set in this Regulation due to a situation of ‘force majeure’ ( 9 ) which allows Member States to decide that the products may be marketed within their territory under the conditions they specify.
3. In order to apply the derogations provided for in paragraph 1, point (a), (i) and (ii), and point (c), and paragraph 2, traders shall provide evidence to the competent authority of the Member State that the products covered fulfil the conditions laid down in those paragraphs, in particular with regard to their intended use.
4. Traders may only apply the derogation provided for in paragraph 1, point (a)(iv), if Member States have previously adopted rules to exempt such products. Such rules shall not be likely to prevent or to distort competition in a substantial part of the internal market, jeopardise free trade or the attainment of any of the objectives of Article 39 of the Treaty. Member States shall notify the Commission forthwith of the rules which they have adopted in this respect. The Commission shall inform other Member States of any notification of such rules.
5. The notifications referred to in paragraph 2, point (c), and in paragraph 4 shall be made in accordance with Commission Delegated Regulation (EU) 2017/1183 ( 10 ) .
Information particulars along the supply chain
1. The information particulars required by the marking provisions laid down in Annex I 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 and shall not be misleading.
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 Article 2(7) of Directive 2011/83/EU of the European Parliament and of the Council ( 11 ) , the information particulars shall be available before the purchase is concluded, including the single country of origin of the product actually offered for sale.
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.
5. The possibility of labelling the regional or the local origin as referred to in Part B of Annex I is without prejudice to the protection granted to certain geographical indications pursuant to Regulation (EU) No 1151/2012 of the European Parliament and of the Council ( 12 ) .
Information particulars at the retail stage
1. At retail stage, the information particulars required by this Regulation 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, size and variety or commercial type in such a way as not to mislead the consumer.
Additional terms which suggest better/superior quality may not be included. In particular, the label may not include any descriptor of quality except the information specified in the marking requirement as set out in Annex I.
When the country of the packer and/or the dispatcher is indicated or when the variety indicated evokes a location, the characters to indicate the country of origin shall be larger and more visible than those used for the country of the packer and/or the dispatcher and the variety if different.
2. For products which are prepacked within the meaning of Regulation (EU) No 1169/2011 of the European Parliament and of the Council ( 13 ) , in addition to all the information required by the marketing standards, the net weight shall be indicated in accordance with the rules set out in that Regulation.
Mixes
1. The marketing of packages of a net weight of 10 kg or less containing mixes of different products or species of products covered by this Regulation shall be allowed, provided that:
(a)
the products and species of products are of uniform quality and each one complies with the relevant specific marketing standard as applicable or, where no specific marketing standard exists for a particular product, the general marketing standard as applicable;
(b)
the package is labelled in accordance with this Regulation and the applicable provisions of Regulation (EU) No 1169/2011; and
(c)
the mix of different products is not such as to mislead the consumer.
2. The requirements of paragraph 1, point (a), shall not apply to products included in a mix which are not products of the fruit and vegetables, dried fruits or bananas sectors referred to in Article 1.
3. If the products in a mix of different products or species of products covered by this Regulation originate in more than one Member State or third country, the names of the countries of origin may be replaced with one of the following indications, as appropriate:
(a)
‘EU’;
(b)
‘non-EU’;
(c)
‘EU and non-EU’.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
