Council Regulation (EC) No 2200/96 (repealed)Show full title

TITLE I U.K. Classification of products

Article 2 U.K.

1. Products to be delivered fresh to the consumer may be classified by reference to a set of standards.

2. The standards for fresh fruit and vegetables contained in Annex I shall be adopted, by the procedure laid down in Article 46, for implementing the common organization of the markets. To this end, account shall be taken of the UN/ECE standards recommended by the Economic Commission for Europe's Working Party on perishable product standardization and quality.

Until new standards are adopted, the standards drawn up pursuant to Article 2 of Regulation (EEC) No 1035/72 shall continue to apply.

3. The Commission acting in accordance with the procedure laid down in Article 46 may add other products to the list in Annex I.

Article 3 U.K.

1. The holder of products covered by the quality standards adopted may not display such products or offer them for sale, or deliver or market them in any other manner within the Community than in conformity with those standards. The holder shall be responsible for observing such conformity.

However, Member States may exempt the following from the requirement of complying with the quality standards or with some of their provisions:

(a) products displayed or offered for sale, sold, delivered or marketed in any other manner by the grower on wholesale markets, in particular on producer markets, situated in the production area;

(b) products shipped from those wholesale markets to preparation and packaging stations and storage facilities situated in the same production area.

Where the second subparagraph is applied, the Member State concerned shall inform the Commission and shall notify it of the measures taken.

2. The following shall not be required to conform to the quality 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;

(b) products shipped from storage facilities to preparation and packaging stations.

3. The following shall not be required to conform to the quality standards:

(a) products shipped to processing plants, unless minimum quality criteria for products intended for industrial processing are set in accordance with the procedure laid down in Article 46;

(b) products transferred by the producer on his holding to consumers for their personal use;

(c) on a Commission Decision taken at the request of a Member State using the procedure referred to in Article 46 for products of a given region which are sold by the retail trade of the region for well-established traditional local consumption.

4. Evidence must be supplied that the products covered by paragraphs 2 and 3 (a) fulfil the conditions laid down, in particular with regard to their intended use.

Article 4 U.K.

Where, following extreme shortage or exceptionally plentiful supply, the supply of products conforming to the quality standards is insufficient to meet or appreciably exceeds consumer demand, measures derogating from their application for a limited period shall be adopted in compliance with the Community's international obligations and in accordance with the procedure laid down in Article 46.

Article 5 U.K.

1. The information particulars required by the quality standards must be shown legibly in an obvious position on one side of the packaging, either indelibly printed directly onto the package or on a label which is an integral part of or firmly affixed to the package.

2. For goods shipped in bulk and loaded directly onto a means of transport, the 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.

Article 6 U.K.

At the retail stage, where products are packaged the information particulars required shall be legible and conspicuous.

For pre-packaged products within the meaning of Directive 79/112/EEC(1), the net weight shall be indicated, in addition to all the information provided for in the common quality standards. However, in the case of products normally sold by number, the requirement to indicate the net weight shall not apply if the number of items can be clearly seen and easily counted from the outside or, failing that, if the number is indicated on the label.

Products may be presented unpackaged, provided that the retailer displays with the goods offered for sale a card showing prominently and legibly the information particulars specified in the quality standards relating to:

• variety,

• origin of the product,

• class.

Article 7 U.K.

To establish whether products covered by quality standards conform to the provisions of Articles 3 to 6, checks shall be made in accordance with Title VI by sampling at all marketing stages and during transport by the authorities appointed by each Member State.

These checks shall preferably be made prior to dispatch from production areas when the products are being packed or loaded.

Member States shall communicate to the other Member States and to the Commission the names of the authorities which they have appointed to be responsible for checking.

Article 8 U.K.

1. Products covered by quality standards shall be accepted for importation from third countries only if they conform to the quality standards or to standards at least equivalent to them.

2. Articles 3 to 7 shall apply to products imported into the Community, after completion of the import formalities in accordance with current Community rules.

Article 9 U.K.

1. Products covered by quality standards shall be accepted for export to third countries only if they conform to those standards.

Derogations may, however, be granted in accordance with the procedure laid down in Article 45 to suit the requirements of the intended markets.

2. Products for export to third countries shall be subject to a Check for compliance with quality standards before they leave the customs territory of the Community.

Article 10 U.K.

Measures to ensure uniform application of the provisions of this Title shall be adopted in accordance with the procedure laid down in Article 46.

For products intended to be imported into the Community, such measures may consist in approval of the official inspection authorities of the exporting third country.

(1)

Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (OJ No L 33, 8. 2. 1979, p. 1). Directive as last amended by the 1994 Act of Accession.