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Commission Implementing Regulation (EU) No 543/2011Dangos y teitl llawn

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

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TITLE IIU.K. CLASSIFICATION OF PRODUCTS

CHAPTER I U.K. General rules

Article 3U.K.Marketing 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.

Textual Amendments

Article 4U.K.Exceptions 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.

Textual Amendments

Article 5U.K.Information 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.

Textual Amendments

Article 6U.K.Information 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.

Textual Amendments

[F17Article 7U.K. Mixes

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)‘mix of [F21non-UK] fruit’, ‘mix of [F21non-UK] vegetables’ or ‘mix of [F21non-UK] fruit and vegetables’;

(c)‘mix of [F22UK] and [F23non-UK] fruit’, ‘mix of [F22UK] and [F23non-UK] vegetables’ or ‘mix of [F22UK] and [F23non-UK] fruit and vegetables’.]

[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.]

Textual Amendments

CHAPTER II U.K. Checks on conformity to marketing standards

Section 1 U.K. General provisions

Article 8U.K.Scope

This Chapter lays down rules on conformity checks, which shall mean the checks carried out on fruit and vegetables at all marketing stages, in order to verify that they conform to the marketing standards and other provisions of this Title [F26and of [F27[F28Article] 76 of Regulation (EU) No 1308/2013].][F26, Article 76 of Regulation (EU) No 1308/2013 and in regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020.]

Textual Amendments

F28Word in Art. 8 substituted (E.) (1.12.2022) by The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 7(3); and substituted (W.) (14.12.2022) by The Common Organisation of the Markets in Agricultural Products (Amendment) (Wales) Regulations 2022 (S.I. 2022/1215), regs. 1(2), 4(3)

Article 9U.K.Coordinating authorities and inspection bodies

1.F29...

(a)[F30The Secretary of State shall designate] a single competent authority [F31for Great Britain] responsible for coordination and contacts in the areas covered by this Chapter, hereinafter called ‘the coordinating authority’; and

(b)[F32Each appropriate authority shall designate] an inspection body or bodies responsible for the application of this Chapter, hereinafter called ‘the inspection bodies’.

The coordinating authorities and inspection bodies referred to in the first subparagraph may be public or private. However, the [F33the Secretary of State or the appropriate authority that designates them (as the case may be)] shall be responsible for them in either case.

[F34The Secretary of State may not designate the coordinating authority referred to in point (a) of the first subparagraph without the consent of—

(a)in relation to Wales, the Welsh Ministers;

(b)in relation to Scotland, the Scottish Ministers.

Nothing in this Regulation affects the validity of any designation of a coordinating authority or inspection body made before IP completion day.]

F352.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 [F36Secretary of State] shall make publicly available the [F37name of the coordinating authority] designated by the [F38Secretary of State] in the manner [F39the Secretary of State] considers appropriate.

Textual Amendments

Article 10U.K.Trader database

1.[F40The appropriate authorities] shall set up a database on traders in fruit and vegetables, which shall list, under the conditions established in this Article, traders involved in the marketing of fruit and vegetables for which standards have been laid down F41... [F42including in regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020].

For this purpose, [F43the appropriate authorities] may use any other database or databases already established for other purposes.

2.For the purpose of this Regulation, ‘trader’ means any natural or legal person who:

(a)holds fruit and vegetables subject to marketing standards with a view to:

(i)

displaying or offering them for sale,

(ii)

selling them, or

(iii)

marketing them in any other manner, or

(b)actually carries out any of the activities referred to in point (a) as regards fruit and vegetables subject to marketing standards.

The activities referred to in point (a) of the first subparagraph 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, and

(c)such activities carried out in [F44Great Britain] and/or by export [F45from Great Britain] and/or import [F46 into Great Britain].

3.[F47The appropriate authorities] shall determine the conditions under which the following traders are to be included or not in the database:

(a)traders whose activities are exempt from the obligation to comply with the marketing standards pursuant to Article 4; and

(b)natural or legal persons whose activities in the fruit and vegetables sector are limited either to the transport of goods, or to the sale at the retail stage.

4.Where the trader database is composed of several distinct elements, the [F48appropriate] authority shall ensure that the database, its elements and their updating are uniform. The updating of the database shall be done in particular using the information collected during conformity checks.

5.The database shall contain for each trader:

(a)the registration number, name and address;

(b)information needed for its classification in one of the risk categories mentioned in Article 11(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.

The updating of the database shall be carried out in particular using the information collected during conformity checks.

6.Traders shall provide the information that [F49the appropriate authorities] consider necessary to set up and update the database. [F50The appropriate authorities] shall determine the conditions under which traders not established in their territory but trading on it shall be listed in their database.

Textual Amendments

Section 2U.K.Conformity checks F51...

Article 11U.K.Conformity checks

1.[F52The appropriate authorities] shall ensure that conformity checks are carried out selectively, based on a risk analysis, and with appropriate frequency, so as to ensure compliance with the marketing standards and other provisions of this Title [F53and of [F54[F55Article] 76 of Regulation (EU) No 1308/2013].][F53, of Article 76 of [F56Regulation (EU) No 1308/2013] and in regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020.]

F57The criteria to assess the risk shall include the existence of a conformity certificate referred to in Article 14 issued by a competent authority of a third country where the conformity checks have been approved pursuant to Article 15. The existence of such certificate shall be considered as a factor reducing the risk of non-conformity.

The criteria to assess the risk may also include:

(a)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;

(b)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;

(c)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;

(d)the reliability of traders’ quality assurance systems or self-checking systems related to the conformity to marketing standards;

(e)the place where the check is carried out, in particular if it is the point of first entry into [F58Great Britain], or the place where the products are being packed or loaded;

(f)any other information that might indicate a risk of non-compliance.

2.The risk analysis shall be based on the information contained in the trader database referred to in Article 10 and shall classify traders in risk categories.

[F59The appropriate authorities] shall lay down in advance:

(a)the criteria for assessing the risk of non-conformity of lots;

(b)on the basis of a risk analysis for each risk category, the minimum proportions of traders or lots and/or quantities which will be subject to a conformity check.

[F59The appropriate authorities] may choose not to carry out selective checks on products not subject to specific marketing standards, based on a risk analysis.

3.Where checks reveal significant irregularities, [F60the appropriate authorities] shall increase the frequency of checks in relation to traders, products, origins, or other parameters.

4.Traders shall provide inspection bodies with all the information those bodies judge necessary for organising and carrying out conformity checks.

Textual Amendments

Article 12U.K.Approved traders

1.[F61The appropriate authorities] may authorise traders classified in the lowest risk category and providing special guarantees on conformity to marketing standards to use the specimen in Annex II in the labelling of each package at the stage of dispatch and/or to sign the conformity certificate as referred to in Article 14.

2.The authorisation shall be granted for a period of at least one year.

3.Traders benefiting from this possibility shall:

(a)have inspection staff who have received training approved by the [F62appropriate authorities];

(b)have suitable equipment for preparing and packing produce;

(c)commit themselves to carry out a conformity check on the goods they dispatch and have a register recording all checks carried out.

4.Where an authorised trader no longer complies with the requirements for authorisation the [F63appropriate authority] shall withdraw the authorisation.

5.F64...

Authorisations granted to traders before [F65IP completion day] shall continue to apply for the period for which they were granted.

Textual Amendments

Article 13U.K.Acceptance of declarations by customs

1.Customs may only accept export declarations and/or declarations for the release for free circulation for the products subject to specific marketing standards if:

(a)the goods are accompanied by a conformity certificate, or

(b)the competent inspection body has informed the customs authority that the lots concerned have been issued a conformity certificate, or

(c)the competent inspection body has informed the customs authority that it has not issued a conformity certificate for the lots concerned because they do not needed to be checked in the light of the risk assessment referred to in Article 11(1).

This shall be without prejudice to any conformity checks [F66that may be carried] out pursuant to Article 11.

2.Paragraph 1 shall also apply to products subject to the general marketing standard set out in Part A of Annex I and products referred to in Article 4(1)(a) if the [F67appropriate authority] considers it necessary in the light of the risk analysis referred to in Article 11(1).

Textual Amendments

Article 14U.K.Certificate of conformity

1.Certificates of conformity may be issued by a competent authority to confirm that the products concerned conform to the relevant marketing standard (hereinafter referred to as ‘certificate’). The certificate for use by competent authorities in [F68Great Britain] is set out in Annex III.

Instead of certificates issued by competent authorities in [F68Great Britain], the third countries referred to in Article 15(4) may use their own certificates provided that they contain at least equivalent information to [F69Great Britain's] certificate. The [F70Secretary of State] shall make available, by the means [F71the Secretary of State] considers appropriate, specimens of such third country certificates.

2.The certificates may be issued either in paper format with original signature or in verified electronic format with electronic signature.

3.Each certificate shall be stamped by the competent authority and signed by the person or persons empowered to do so.

F724.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.Each certificate shall bear a serial number, by which it can be identified. A copy of each issued certificate shall be retained by the competent authority.

F736.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F747.Notwithstanding paragraph 1, until [F751 July 2022], competent authorities in third countries may continue to use certificates which conform to Article 14(1) of Commission Implementing Regulation (EU) No 543/2011, as it has effect in EU law as amended from time to time.

8.If at any time until [F761 July 2022] the Secretary of State considers that the marketing standards that apply in the EU to any products to which this Title applies are not at least equivalent to the marketing standards that apply in the United Kingdom for like products:

(a)the Secretary of State must publish a statement to that effect, and

(b)paragraph 7 shall not apply in relation to the products set out in such statement.]

Textual Amendments

Textual Amendments

Section 3 U.K. Conformity checks carried out by third countries

Article 15U.K.Approval of conformity checks carried out by third countries prior to import into [F77Great Britain]

[F51.At the request of a third country, the [F78Secretary of State][F79may make regulations approving] checks on conformity to marketing standards carried out by that third country prior to import into [F80Great Britain].]

2.The approval referred to in paragraph 1 may be granted to third countries where [F81Great Britain] marketing standards, or at least equivalent standards, are met for products exported to [F81Great Britain].

The approval shall specify the official authority in the third country under the responsibility of which checks referred to in paragraph 1 are carried out. That authority shall be responsible for contacts with [F81Great Britain]. The approval shall also specify the third country inspection bodies in charge of the proper checks.

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

3.The third country inspection bodies shall be official bodies or bodies officially recognised by the authority referred to in paragraph 2 which provide satisfactory guarantees and dispose of the necessary personnel, equipment and facilities to carry out checks according to the methods referred to in Article 17(1) or equivalent methods.

4.The third countries where the conformity checks have been approved under this Article, and the products concerned, shall be set out in Annex IV.

The [F82Secretary of State] shall make available, by the means it considers appropriate, details of the official authorities and inspection bodies concerned.

[F83Whenever the Secretary of State makes regulations under paragraph 1, those regulations must include provision amending Annex IV to include the third country or countries where conformity checks have been approved under paragraph 1 and the products concerned.]

Textual Amendments

Article 16U.K.Suspension of approval of the conformity checks

The [F84Secretary of State] may suspend approval of the conformity checks 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 conformity issued by the third country inspection bodies.

Textual Amendments

Section 4 U.K. Methods of inspection

Article 17U.K.Methods of inspection

1.The conformity checks provided for in this Chapter, 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 inspection laid down in Annex V, save as otherwise provided in this Regulation.

[F85The appropriate authorities] shall lay down specific arrangements for checking conformity at the point of retail sale to the end consumer.

2.Where inspectors find that the goods conform with the marketing standards, the inspection body may issue a certificate of conformity as set out in Annex III.

3.Where the goods do not conform with the 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 the respect of conditions laid down by the inspection body.

Traders may decide to bring all or some of the goods into conformity. Goods brought into conformity may not be marketed before the competent inspection body has ensured by all appropriate means that the goods have actually been brought into conformity. The competent inspection body shall issue, where applicable, a certificate of conformity as set out in Annex III for the lot or part thereof only after the goods have been brought into conformity.

If an inspection body accepts a trader’s wish to bring the goods into conformity in a [F86constituent nation] other than that where the check leading to a finding of non-conformity has been carried out, the trader shall notify the competent inspection body of the destination [F86constituent nation] of the non-conforming lot. The [F87inspection body] issuing the finding of non-conformity shall send a copy of that finding to the other [F88inspection bodies] concerned including the [F89competent inspection body of the constituent nation] of destination of the non-conforming lot.

Where the goods can neither be brought into conformity nor sent to animal feed, industrial processing 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 all information deemed necessary by [F90the appropriate authorities] for the application of this paragraph.

Textual Amendments

Section 5 U.K. Notifications

Article 18U.K.Notifications

F911.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.[F92Where] a lot of goods from a third country [F93listed in Annex IV] has been rejected from release into free circulation because of non-compliance with the marketing standards [F94, the Secretary of State] shall notify forthwith F95... the third country concerned and listed in Annex IV.

F963.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F964.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F965.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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Ar gyfer unrhyw fersiynau a grëwyd ar ôl y diwrnod ymadael o ganlyniad i newidiadau a wnaed gan ddeddfwriaeth y Deyrnas Unedig, bydd y dyddiad yn cyd-fynd â’r dyddiad cynharaf y daeth y newid (e.e. ychwanegiad, diddymiad neu gyfnewidiad) a weithredwyd i rym. Am ragor o wybodaeth gweler ein canllaw i ddeddfwriaeth ddiwygiedig ar Ddeall Deddfwriaeth.

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Rhagor o Adnoddau

Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:

  • y PDF print gwreiddiol y fel adopted fersiwn a ddefnyddiwyd am y copi print
  • slipiau cywiro

liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill

Mae'r data ar y dudalen hon ar gael yn y fformatau data amgen a restrir: