Commission 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

1 This Regulation lays down rules supplementing Regulation (EU) No 1308/2013 as regards the marketing standards referred to in Article 75(1) of that Regulation, the minimum marketing requirements for products of the fruit and vegetables sector intended to be sold fresh as referred to in Article 76 of that Regulation, the conformity of imported products to Union marketing standards as referred to in Article 89 of that Regulation.

2 This Regulation applies to the following sectors and products: (a) the fruit and vegetables sector referred to in Article 1(2), point (i), of Regulation (EU) No 1308/2013; (b) dried fruits of CN codes 08042090, 080620 and ex0813 listed in Part X of Annex I to that Regulation; (c) the bananas of CN code 08039010 listed in Part XI of Annex I to that Regulation.

3 For the purpose of this regulation, the country of origin of a product shall be determined in accordance with Article 60 of Regulation (EU) No 952/2013 of the European Parliament and of the Council .

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.

The following products shall carry an indication of the country of origin: (a) dried fruits of CN code ex0813, as defined in Part X of Annex I to Regulation (EU) No 1308/2013; (b) dried figs of CN code 08042090; (c) dried grapes of CN code 080620; (d) ripened bananas of CN code 08039010 and resulting of the ripening on the Union territory.

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.

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 ex070951 to ex070956 and 070959; (ii) capers of CN code 07099940; (iii) bitter almonds of CN code 08021110; (iv) shelled almonds of CN code 080212; (v) shelled hazelnuts of CN code 080222; (vi) shelled walnuts of CN code 080232; (vii) shelled pistachios of CN code 080252; (viii) shelled macadamia of CN code 080262; (ix) shelled pine nuts of CN code 080292; (x) pecans of CN code 08029910; (xi) other nuts of CN code 08029990; (xii) dried plantains of CN code 08031090; (xiii) dried citrus of CN code ex0805; (xiv) mixtures of tropical nuts of CN code 08135031; (xv) mixtures of other nuts of CN code 08135039; (xvi) saffron of CN code 091020; (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 , 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’ 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 .

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 , 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 .

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 , 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.

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’.

1 For the sector referred to in Article 1(2), point (a), at the request of a third country, the Commission may approve checks on conformity to marketing standards carried out by that third country prior to import into the Union.

2 The approval referred to in paragraph 1 may be granted to third countries where the Union marketing standards, or at least equivalent standards, are met for products exported to the Union in accordance with Article 8(2) of Commission Implementing Regulation (EU) 2023/2430 .

3 The approval shall only apply to products originating in the third country concerned and may be limited to certain products.

4 In order to obtain the approval referred to in paragraph 1, the third country inspection bodies that will be in charge of checks on conformity to marketing standards, must: (a) be official bodies or bodies officially recognised by a third country’s competent authority; (b) provide satisfactory guarantees and dispose of the necessary personnel, equipment and facilities to carry out checks in accordance with the methods referred to in Article 10(1) of Implementing Regulation (EU) 2023/2430 or equivalent methods.

Implementing Regulations (EU) No 543/2011 and (EU) No 1333/2011 and Regulation (EC) No 1666/1999 are repealed. References to the repealed Regulations shall be construed as references to this Regulation and to Implementing Regulation (EU) 2023/2430, as appropriate, and be read in accordance with the correlation table set out in Annex II to this Regulation.

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, with the exception of Article 5(1), point (c), which shall apply the same day of entering into force of this Regulation.