Commission Implementing Regulation (EU) No 543/2011Show full title

Article 4 U.K. Exceptions and exemptions from the application of marketing standards

1. By way of derogation from [F1 Article 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;

[F2 (c) products recognised in a Commission Decision [F3 issued before IP completion day] at the request of [F4 Great 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 [F5 the 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 [F6 Article 1(2)(i) and Part IX of Annex I to Regulation (EU) No 1308/2013].

2. By way of derogation from [F1 Article 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 [F1 Article 76(3) of Regulation (EU) No 1308/2013], [F7 nothing 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 [F1 Article 76(3) of Regulation (EU) No 1308/2013], [F8 nothing 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 [F9 the appropriate authorities].

5. By way of derogation from [F1 Article 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 [F1 Article 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 [F10 relevant 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

F1 Words in Art. 4 substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(8); 2020 c. 1, Sch. 5 para. 1(1)

F2 Substituted by Commission Implementing Regulation (EU) No 594/2013 of 21 June 2013 amending Implementing Regulation (EU) No 543/2011 as regards marketing standards in the fruit and vegetables sector and correcting that Implementing Regulation.

F3 Words in Art. 4(1)(c) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(9)(a)(i) (as amended by S.I. 2020/1453, regs. 1(2)(b), 10(8)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 4(1)(c) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(9)(a)(ii) (as amended by S.I. 2020/1453, regs. 1(2)(b), 10(8)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 4(1)(c) inserted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(9)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 4(1)(e) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(9)(b); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 4(3) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(10); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 4(4) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(11)(a); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 4(4) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(11)(b); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 4(7) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(12); 2020 c. 1, Sch. 5 para. 1(1)