TITLE IIU.K.CLASSIFICATION OF PRODUCTS

CHAPTER IU.K.General rules

Article 3U.K.Exceptions and exemptions from the application of marketing standards

1.[F1By way of derogation from Article 113a(3) of Regulation (EC) No 1234/2007, the following 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;[F2 and]

(c)on a Commission Decision taken at the request of a Member State using the procedure referred to in Article 46 of Regulation (EC) No 2200/1996 for products of a given region which are sold by the retail trade of the region for well established traditional local consumption[F1; and]

[F3(d) products having undergone a trimming or cutting making them ‘ ready to eat ’ or ‘ kitchen ready ’ .]

2.[F1By way of derogation from Article 113a(3) of Regulation (EC) No 1234/2007, the following 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.

[F13. By way of derogation from Article 113a(3) of Regulation (EC) No 1234/2007, Member States may exempt 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 point (a)(i) of paragraph 1.]

[F33a. By way of derogation from Article 113a(3) of Regulation (EC) No 1234/2007 as regards the specific marketing standards, fresh fruit and vegetables not in 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.

3b. By way of derogation from Article 113a(3) of Regulation (EC) No 1234/2007, the following products shall not be required to conform to the general marketing standard:

[F4(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 , and

(h) saffron of CN code 0910 20 .]

4.Evidence shall be supplied to the competent authority of the Member State 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