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

CHAPTER I

Introductory provisions

Article 1

Subject matter and scope

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 0804 20 90 , 0806 20 and ex 0813 listed in Part X of Annex I to that Regulation;

(c) the bananas of CN code 0803 90 10 listed in Part XI of Annex I to that Regulation.

CHAPTER II

Marketing standards

Article 2

General marketing standard for 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.

Article 3

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.

Article 4

Specific marketing standards for fruits and vegetables and for bananas

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.

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.

Article 5

Exceptions and exemptions from the application of marketing standards

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 (²), 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.

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’ (³) which allows Member States to decide that the products may be marketed within their territory under the conditions they specify.

Article 6

Information particulars along the supply chain

Article 7

Information particulars at the retail stage

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.

Article 8

Mixes

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.

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’.

CHAPTER III

Marketing standards related to imported products

Article 9

Conditions to consider imported products to have equivalent level of conformity

However, the Commission may approve checks of conformity to marketing standards carried out by Moroccan competent authorities in respect of products originating in the non-self-governing territory of Western Sahara that are subject to the control of Moroccan custom authorities.

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.

CHAPTER IV

Final provisions

Article 10

Repeals

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.

Article 11

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I

PART A

GENERAL MARKETING STANDARD

This general marketing standard defines the quality requirements for fruit and vegetables, after preparation and packaging.

However, at stages following dispatch products may show in relation to the requirements of the standard:

— a slight lack of freshness and turgidity,

— a slight deterioration due to their development and their tendency to perish.

1. MINIMUM REQUIREMENTS

Subject to the tolerances allowed, the products must be:

— intact,

— sound; products affected by rotting or deterioration such as to make them unfit for consumption are excluded,

— clean, practically free of any visible foreign matter,

— practically free from pests,

— free from damage caused by pests affecting the flesh,

— free of abnormal external moisture,

— free of any foreign smell and/or taste.

— The condition of the products must be such as to enable them:

— to withstand transportation and handling,

— to arrive in satisfactory condition at the place of destination.

2. MINIMUM MATURITY REQUIREMENTS

The products must be sufficiently developed, but not over-developed, and fruit must display satisfactory ripeness and must not be overripe.

The development and state of maturity of the products must be such as to enable them to continue their ripening process and to reach a satisfactory degree of ripeness.

3. TOLERANCE

A tolerance of 10 % by number or weight of product not satisfying the minimum quality requirements shall be permitted in each lot. Within this tolerance not more than 2 % in total may consist of produce affected by decay.

4. MARKING

Each package (⁹) must bear the following particulars, in letters grouped on the same side, legibly and indelibly marked, and visible from the outside.

Name and physical address of the packer and/or the dispatcher (for example: street/city/region/postal code and, if different from the country of origin, the country).

This mention may be replaced:

— for all packages with the exception of pre-packages, by the officially issued or accepted code mark representing the packer and/or the dispatcher, indicated in close connection with the reference ‘Packer and/or Dispatcher’ (or equivalent abbreviations). The code mark shall be preceded by the ISO 3166 (alpha) country/area code of the recognising country, if not the country of origin;

— for pre-packages only, by the name and the address of a seller established within the Union indicated in close connection with the mention ‘Packed for:’ or an equivalent mention. In this case, the labelling shall also include a code representing the packer and/or the dispatcher. The seller shall give all information deemed necessary by the inspection body as to the meaning of this code.

Full name of the country of origin (¹⁰). For products originating in a Member State this shall be in the language of the country of origin or any other language understandable by the consumers of the country of destination. For other products, this shall be in any language understandable by the consumers of the country of destination.

Packages need not to bear the particulars mentioned in the first subparagraph, when they contain sales packages, clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indications such as could mislead the consumer. When these packages are palletised, the particulars shall be given on a notice placed in an obvious position on at least two sides of the pallet.

PART B

SPECIFIC MARKETING STANDARDS

PART 1

Marketing standard for apples

This standard applies to apples of varieties (cultivars) grown from Malus domestica Borkh., to be supplied fresh to the consumer, apples for industrial processing being excluded.

The purpose of the standard is to define the quality requirements for apples, after preparation and packaging.

However, at stages following dispatch products may show in relation to the requirements of the standard:

— a slight lack of freshness and turgidity,

— for products graded in classes other than the ‘Extra’ Class, a slight deterioration due to their development and their tendency to perish.

In all classes, subject to the special provisions for each class and the tolerances allowed, apples must be:

— intact,

— sound; produce affected by rotting or deterioration such as to make it unfit for consumption is excluded,

— clean, practically free of any visible foreign matter,

— practically free from pests,

— free from damage caused by pests affecting the flesh,

— free from serious watercore, except for varieties marked with ‘V’ listed in the appendix to this standard,

— free of abnormal external moisture,

— free of any foreign smell and/or taste.

The development and condition of the apples must be such as to enable them:

— to withstand transportation and handling, and

— to arrive in satisfactory condition at the place of destination.

The apples must be sufficiently developed, and display satisfactory ripeness.

The development and state of maturity of the apples must be such as to enable them to continue their ripening process and to reach the degree of ripeness required in relation to the varietal characteristics.

In order to verify the minimum maturity requirements, several parameters may be considered (for example morphological aspect, taste, firmness and refractometric index).

Apples are classified in three classes defined as follows:

Apples in this class must be of superior quality. They must be characteristic of the variety (¹¹) and with the stalk which must be intact.

Apples must express the following minimum surface colour characteristic of the variety:

— 3/4 of total surface red coloured in case of colour group A,

— 1/2 of total surface mixed red coloured in case of colour group B,

— 1/3 of total surface slightly red coloured, blushed or striped in case of colour group C,

— no minimum colour requirement in case of colour group D.

The flesh must be perfectly sound.

They must be free from defects with the exception of very slight superficial defects provided these do not affect the general appearance of the produce, the quality, the keeping quality and presentation in the package:

— very slight skin defects,

— very slight russeting (¹²) such as: — brown patches that may not go outside the stem cavity and may not be rough, and/or — slight isolated traces of russeting.

Apples in this class must be of good quality. They must be characteristic of the variety (¹³).

Apples must express the following minimum surface colour characteristic of the variety:

— 1/2 of total surface red coloured in case of colour group A,

— 1/3 of total surface mixed red coloured in case of colour group B,

— 1/10 of total surface slightly red coloured, blushed or striped in case of colour group C,

— no minimum colour requirement in case of colour group D.

The flesh must be perfectly sound.

The following slight defects, however, may be allowed, provided these do not affect the general appearance of the produce, the quality, the keeping quality and presentation in the package:

— a slight defect in shape,

— a slight defect in development,

— a slight defect in colouring,

— slight bruising not exceeding 1 cm² of total surface area and not discoloured,

— slight skin defects which must not extend over more than: — 2 cm in length for defects of elongated shape, — 1 cm² of total surface area for other defects, with the exception of scab (Venturia inaequalis), which must not extend over more than 0,25 cm², cumulative, in area,