EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2023) XXX  draft  
 
COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
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 Reg ulation (EC) No 1666/1999 and Commission Implementing Regulations 
(EU) No 543/2011 and (EU) No 1333/2011   EN 1  EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  DELEGATED  ACT  
Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing  a 
common organisation of the markets in agricultural products ( the CMO Regulation) lays 
down rules regarding marketing standards in the fruit and vegetables sector  and the bananas 
sector . The Regulation also empowers the Commission to adopt delegated acts  on marketing 
standards  for these sectors . 
The purpose of this delegated act is to align the existing Commission regulation s on 
marketing standards for fruit and vegetables and bananas to the empowerments of the CMO 
Regulation, which are based on the legal  framework for  empowerments introduced by the 
Lisbon Treaty. These empowerments consist partly of delegated and partly of implementing 
powers. Therefore, Commission Implementing Regulation (EU) No 543/2011, Commission 
Implementing Regulation (EU) No 1333/2 011 and Commission Regulation (EC) No 
1666/1999 should be repealed and replaced by a Delegated and an Implementing Act in line 
with Articles 290 and 291 of the Treaty on the Function of the European Union (TFEU).  
Another purpose of this delegated act is t he alignment with the objectives of the Farm to Fork 
Strategy, regarding in particular increased information for consumers and reduction of food 
waste . It is also an opportunity to modernize and simplify the rules by merging fruit and 
vegetables legislatio n with banana and dried grapes legislation, and deleting obsolete 
provisions.   
Also, t his delegated act  amend s the existing marketing standards in line with several  
amendments to the quality standards of the United Nations Economic Commission for Europe 
(UNECE). In  particular, in  order to avoid unnecessary barriers to trade, the specific standards 
for strawberries  should be aligned with the UNECE standards.  
The adoption of this delegated act does not entail financial implications.  
2. CONSULTATIONS  PRIOR  TO THE  ADOPTION  OF THE  ACT  
Consultations, involving experts from all 27 Member States, have been carried out within the 
Experts Group for Agricultural Markets established under the CMO Regulation, in particular 
concerning aspects falling under the single CMO Regulation – Horticultural products held on 
23 September 2022 , on 26 October 2022 , on 22 November 2022 , on 24 January 2023  and on 
24 March 2023 .  
During these meetings, the Commission services presented amended versions of the text s 
taking into account the observations and comments made in each of the meetings or sent in 
writing to the Commission services. Experts of the European Parliament could participate as 
observers to these meetings .  
Stakeholders have had the opportunity to as sess the various versions of the draft Delegated 
Regulation since those were posted on the Register of Commission expert groups. Comments 
received on this basis have been taken into account as far as possible.  
Comments were also received and taken into acc ount during the general public consultation 
carried out through the publication of the draft Delegated Regulation on the Better Regulation 
Portal from XX/XX /2023 to  XX/XX /2023.  WTO partners were also notified.  EN 2  EN 3. LEGAL  ELEMENTS  OF THE  DELEGATED  ACT  
This delegated act is based on Article s 75(2) , 76(4)  and 89  of Regulation (EU) No 1308/2013.  
The delegated act supplements the CMO Regulation by merging and amending rules on 
marketing standards currently contained in Commission Implementing Regulation (EU) No 
543/2011, Commission Implementing Regulation (EU) No 1333/2011 and Commission 
Regulation (EC) No 1666/1999, align ing these rules to the Farm to Fork Strategy and 
amend ing the specific marketing standard for strawberries , and repeals Commission 
Impl ementing Regulation (EU) No 543/2011, Commission Implementing Regulation (EU) No 
1333/2011 and Commission Regulation (EC) No 1666/1999.  EN 3  EN COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
supplemen ting 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  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union , 
Having regard to Regulation (EU) No 1308/2013 of the European Par liament and of the 
Council of 17 December 2013 establishing a common organisation of the markets in 
agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, 
(EC) No 1037/2001 and (EC) No 1234/20071, and in particular Article  75(2), Article 76(4) 
and Article 89 thereof,  
Whereas:  
(1) Regulation ( EU) No 1308/2013 establishes a common organisation of agricultural 
markets , which includes , among others,  the fruit and vegetables  sector , the processed 
fruit and vegetable  products sector  and the bananas  sector . It also empowers the 
Commission to adopt delegated and implementing acts on marketing standards for 
these sectors or products therein .  
(2) Commission Implementing Regulation (EU) No 543/20112 lays down detailed rules in 
respect of the fruit and vegetables and processed fruit and vegetables sectors, 
providing for marketing standard s for all fresh fruit and vegetables  and detailed 
provisions concerning checks on conformity to marketing standards . Commission 
Implementing Regulation (EU) No 1333/20113 lays down the marketing standards for 
bananas, rules on the verification of compliance with those marketing standards and 
requirements for notifications in the banana s sector.  Commission Regulation (E C) No 
1666/19994 lays down detailed rules as regards the minimum marketing characteristics 
for certain varieties of dried grapes . Those Regulations were adopted on the basis of 
Regulation (EC) No 1234/2007  of the European Parliament and of the Council5. 
                                                 
1 OJ L 347, 20.12.2013, p. 671.  
2 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 (OJ L 157, 15.6.2011, p. 1).  
3 Commission Implementing Regulati on (EU) No 1333/2011 of 19 December 2011 laying down 
marketing standards for bananas, rules on the verification of compliance with those marketing standards 
and requirements for notifications in the banana sector (OJ L 336, 20.12.2011, p. 23).  
4 Commission Regulation (EC) No 1666/1999 of 28 July 1999 laying down detailed rules for the 
application of Council Regulation (EC) No 2201/96 as regards the minimum marketing characteristics 
for certain varieties of dried grapes (OJ L 197, 29.7.1999, p. 32) .  
5 Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of 
agricultural markets and on specific provisions for certain agricultural products (Single CMO 
Regulation) (OJ L 299, 16.11.2007, p. 1).  EN 4  EN Regulation (EC) No 1234/2007 has since been replaced by Regulation (EU) No 
1308/2013 , which contains empowerments based on the legal framework for 
empowerments introduced by the Lisbon Treaty . 
(3) In order to harmonis e and simplify the rules on marketing standar ds, on checks on 
conformity and on notifications for the above referred sectors, to incorporate the 
amendments necessary in the light of experience and to align the rules to the 
empowerments of Regulation (EU) No 1308/2013 , it is appropriate to merge them in a 
single set of rules contained in a D elegated Regulation and an I mplementing 
Regulation and to repeal Regulation (EC) No 1666/1999 and Implementing 
Regulation s (EU) No 543/2011  and (EU) No 1333/2011.   
(4) Article 75(1) , points (a), (b) and (d) of Regulation (EU) No 1308/2013 authorises the 
Commission to provide for marketing standards for fruit and vegetables, processed 
fruit and vegetables and bananas, respectively. Pursuant to Article 76(1) of Regulation  
(EU) No 1308/2013 , fruit and vegetables, which are intended to be sold fresh to the 
consumer, may only be marketed if they are of sound, fair and of marketable quality 
and if the country of origin is indicated. To provide for a uniform implementation of 
that provision, it is appro priate to set out details of and provide for a general marketing 
standard for all fresh fruit and vegetables.   
(5) Specific marketing standards should be maintained for the fruit and vegetables subject 
to the application of Article 76(1)  of Regulation (EU) No 1308/2013 , based on an 
assessment of their relevance, taking into account, in particular, products which 
continue to be most traded in value terms on the b asis of the figures held in the  
Eurostat's reference database for detailed statistics on internationa l trade in goods, 
Comext.  
(6) Processed fruit and vegetable products and ripened bananas are not covered by Article 
76(1) of Regulation (EU) No 1308/2013 nor by a specific marketing standard. 
Nonetheless, the labelling of the origin is relevant  for consumer s and necessary  for 
consumers  in the context of the Commission communication of 20 May 2020 entitled 
‘A Farm to Fork Strategy for a fair, healthy and environmentally -friendly food 
system’6  (‘Farm to Fork Strategy’), that also aims at  empower ing consumers to make 
informed  and sustainable food choice s and should therefore be mandatory also for 
such products intended for direct consumption after simple operations like drying or 
ripening .  
(7) Given the wide range of varieties of bananas marketed in the Union and o f marketing 
practices, minimum standards should be maintained  for unripened green bananas. 
However, i t is appropriate  to align the marketing standard for bananas to the Codex 
Alimentarius and extend to more varieties  to avoid unnecessary barriers to trade.  In 
view of reducing food waste and food loss in the context of the Farm to Fork Strategy , 
notably by improving the flexibility for the portioning, it is appropriate to leave out the 
minimum of four fingers by hand or cluster set out in the Codex Alimentarius. It is 
appropriate, in view of the objectives pursued, to allow banana -producing Member 
States to apply national standards within their territory to  their own production 
provided those rules are not in conflict with Union standards and do not impede the 
free circulation of bananas in the Union.  
                                                 
6 COM/2020/381 final.  EN 5  EN (8) Account should be taken of the fact that, climatic factors make production conditions 
difficult in Madeira,  the Azores, the Algarve,  Canary Islands,  Crete, Lakonia and 
Cyprus . As a result, certain bananas do not develop to the minimum length laid down  
in the international standard when produced in  those geographical areas . In those 
cases , such bananas should be  allowed to be marketed  as Class II.  
(9) In order to avoid unnecessary barriers to trade, where specific marketing standards are 
to be laid down for individual products, th ose standards should be those set out in the 
standards adopted by the United Nations Eco nomic Commission for Europe 
(UNECE). Where no specific marketing standard has been adopted at Union level, 
products should be considered as conforming to the general marketing standard where 
the holder is able to show that the products are in conformity wi th any applicable 
UNECE standard.  
(10) In order to take  into account the Farm to Fork Strategy and consumers ’ interests, the 
marketing standards for all the sectors covered by this Regulation should maintain  the 
high-quality requirements that make international  consensus while encouraging 
alternative uses in order to avoid food loss and food waste when the standard is not 
complied with. This should be the case for all products that do not comply with the 
requirements of Class II of the UNECE marketing standards but are  still edible.  
Therefore , exemptions from the application of marketing standards should be provided 
for in the case of certain products that are intended for processing,  or that are sold by 
the producer directly to consumers . 
(11) Certain fruit and veget able products may have characteristics  that do not conform to 
the applicable marketing standards. A traditional cultivation and local consumption 
may nonetheless be well -established in respect of those products. To ensure that 
products which are deemed to be fit for consumption by local communities but which 
do not conform to the Union marketing standards are not prevented from being 
marketed locally, those products should be exempted from the Union marketing 
standards  unless this exemption is likely to pre vent or distort competition in a 
substantial part of the internal market, or to jeopardise free trade or the attainment of 
any of the objectives of Article 39 of the Treaty . 
(12) Several fruit and vegetables products may derogate from the marketing standards in  
view of reducing the administrative burden both for the traders and for the authorities 
carrying out the controls  in accordance with Article 76(4) of Regulation (EU) 
1308/2013 . Nonetheless, the labelling of origin is necessary for the consumers and in 
line with the policy orientation of the Farm to Fork strategy to provide more 
information  to allow consumers to make a better informed choice, the indication of the 
country of origin should be mandatory for such products.  
(13) Marketing standards relative to produ cts for donations should be simplified in order to 
reduce the administrative burden for the traders without affecting the quality.  Provided 
the product is clearly labelled to inform that it is for donation,  other marking 
particulars should be optional. It should nonetheless conform to the general marketing 
standard regarding the quality in order to protect  the beneficiary of the donation.  
(14) In order to ensure that checks may be properly and effectively carried out, invoices 
and accompan ying documents, other than those for consumers, should contain certain 
basic information included in the marketing standards.   
(15) The information particulars required by marketing standards should be clearly 
displayed on the packaging and/or on the label. To  avoid fraud and cases of EN 6  EN misleading consumers, the information particulars required by the  marketing  standards 
should be available to consumers before purchase, including  in case of distance 
selling, where experience has shown the risks of fraud and avoid ance of the consumer 
protection offered by the standards.  
(16) In order to avoid misleading the consumers  regarding the class, the information 
particulars required at retail stage should not include terms  such as ‘supreme’, 
‘premium’  or similar wording  which ar e not regulated for defining an actual quality of 
the product, notwithstanding  the possibility to display any other information such as 
‘transport by air’ or similar factual information which does not mislead the consumer . 
(17) In order to avoid misleading cons umers  regarding the origin of the products, the 
indication of the country of origin should  be better visible than the indication of the 
country of the pack er. 
(18) Packages containing mixes of different products  or species of products  covered by this 
Regulation  are becoming more common on the market in response to certain 
consumers  demand . Fair trading requires that products or species of products  sold in 
the same package are of uniform quality. For products for which Union standards have 
not been adopted this c an be ensured by recourse to general provisions. Labelling 
requirements should therefore be laid down for mixes of different  products or species 
of products  in the same package. They should be less strict than those laid down by the 
marketing standards as labelling of mixes is more burdensome  and their application 
risks to obstacle the marketing of th ose products . 
(19) Imports of fruit and vegetables from third countries are to  conform to the marketing 
standards or to standards equivalent to them. Therefore, c onditions under which 
imported products are considered to have an equivalent level of conformity to the 
Union marketing standards should be laid down . 
(20) In order to give operators and the national administrations sufficient time to adapt  to 
the changes introduced by this Regulation,  this Regulation sh ould apply as from 1 
Januar y 2025. 
(21) Given the substantive link between the empowerments in Regulation (EU) No 
1308/2013 regarding the rules on marketing standards, on the minimum quality 
requi rements for products of the fruit and vegetables sector and on the conformity of 
imported products to Union marketing standards , it is appropriate to lay down those 
rules in the same delegated act , 
HAS ADOPTED THIS REGULATION:  
CHAPTER  I 
Introductory provis ions 
Article 1  
Subject matter and s cope  
1. This Regulation lays down rules supplement ing Regulation (EU) No 1308/2013 as 
regards the marketing standards  referred to in Article 75(1)  of that Regulation , the 
minimum marketing requirements for products of the fruit and vegetables sector 
intended to be sold fresh as referred to in Article 76  of that Regulation , the EN 7  EN conformity of imported products to Union marketing standards as refe rred to in 
Article 89 of  that Regulation . 
2. 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 fruit s 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 
Regula tion. 
CHAPTER II  
Marketing standards  
Article 2 
General marketing standard  for fruits and vegetables  referred to in Article 1, point (a)  
1. The requirements of Article 76(1) of Regulation (EU) No 1308/2013 shall constitute  
the general marketing standard for the fruits and vegetables referred to in Article 1, 
point (a).  
Fruit and vegetables referred to in Article 1, 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.   
2. Where the holder  of fruit and vegetables referred to in paragraph 1 is able to show 
that the products are in conformity with any applicable standard adopted by the 
United Nations Economic Commission for Europe (UNECE), they shall be 
considered as conforming to the general marketing standard  referred to in paragraph 
1.  
3. For the purposes of this Article , ‘holder’ means any natural or legal person who is in 
physical possession of the products concerned or offers them for sale at distance or 
by any digital means . 
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 that 
Regulation ; 
(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 . EN 8  EN The country of origin of a product shall be determined in accordance with Article 60 of 
Regulation (EU) No 952/2013  of the European Parliament and of the Council7. 
Article 4 
Specific marketing standards  for fruits and vegetables  and for bananas  
1. The following products or sector shall conform to the s pecific 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 . 
2. 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 ban anas 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 sta ndard referred to in the first 
subparagraph.  
Article 5 
Exceptions and exemptions from the application of marketing standards  
1. By wa y of derogation from Article 76 (2) and (3) of Regulation (EU) No 1308/2013:  
                                                 
7 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying 
down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).  EN 9  EN (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  into one of the processed 
products  listed in Part X of Annex I to Regulation (EU) No 
1308/2013 , or 
– presented for retail sale to consumers for their personal use and 
intended for processing by them, 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 vegetab les 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 , subjec t to the conditions laid down  in 
paragraph 4  of this Article;  
(b) the following products shall not be required to conform to the general 
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 5 1 to ex 0709 56 and 
0709 59 ; 
(ii) capers of CN code 0709 90 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 2 2; 
(vi) shelled walnuts of CN code 0802 32 ; 
(vii) pine nuts of CN code 0802 90 50 ; 
(viii)  pistachios of CN code 0802 50 00 ; 
(ix) macadamia of CN code 0802 60 00 ; 
(x) pecans of CN code ex 0802 90 20 ; 
(xi) other nuts of CN code 0802 90 85 ; 
(xii) dried planta ins of CN code 0803 10 90; 
(xiii)  dried citrus of CN code 0805 ; 
(xiv)  mixtures of tropical nuts of CN code 0813 50 31 ; EN 10  EN (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 a ny 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 tha n 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 Council8, the products 
covered by this Regulation shall be required to  conform to the general  
marketing standard except regarding marking provisions , provided  they are 
clearly m arked with the words ‘intended for donation’  or equivalent marking .  
2. 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 defin ed 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 s tations ;  
(c) products of EU origin  that do not conform to the marketing standards set in this 
Regulation due to a situation of ‘force majeure’9 which allows Member States 
to decide that  the products  may be marketed within their territory under the 
conditions they specify . 
3. In order to apply the derogation s provided for in paragraph 1 , point ( a), (i) and (ii), 
and point ( c), and paragraph  2, traders shall provide evidence to the competent 
authority of the Member State that the products covered fulfil the conditi ons laid 
down  in those paragraphs , in particular with regard to their intended use.  
4. Traders may only  apply the derogation provided for in paragraph 1, point (a)(iv), if 
Member States have previously adopt ed rules to exempt such products. Such rules 
shall n ot be likely to prevent or to distort competition in a substantial part of the 
internal market, jeopardise free trade or the attainment of any of the objectives of 
Article 39 of the Treaty. Member States shall notify the Commission forthwith of the 
rules w hich they have adopted in this respect. The Commission shall inform other 
Member States of any notification of such rules.  
                                                 
8 Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 
establishing rules on support for strategic plans to be drawn up by Member States under the common 
agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund 
(EAGF) and by the European Agricultural Fund for Rural Develo pment (EAFRD) and repealing 
Regulations (EU) No 1305/2013 and (EU) No 1307/2013  (OJ L 435, 6.12.2021, p. 1 ). 
9 Commission notice C(88)1696 concerning 'force majeure in European agricultural law' (OJ C 259, 
05.10.1988, p. 10).  EN 11  EN 5. The notifications referred to in paragraph 2 , point (c), and in paragraph 4  shall be 
made in accordance with Commission Delegated Regulation (EU) 2017/118310. 
Article 6 
Information particulars  along the supply chain   
1. The information particulars required by the marking provisions laid down in Annex I 
shall be shown legibly  and obvi ously 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  and shall not be misleading . 
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 Article 2(7) of Directive 
2011/83/EU  of the European Parliament and of the Council11, the information 
particulars shall be available before the purchase is concluded , including the single 
country of origin of the product  actually  offered for sale.   
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.  
5. The possibility of labell ing the regional or the local origin as referred to in Part B of 
Annex I is without prejudice to the protection granted to certai n geographical 
indications  pursuant to Regulation (EU) No 1151/201 2 of the European Parliament 
and of the Council12. 
Article 7 
Information particulars at the retail stage  
1. At retail stage, the information particulars required by this Regulation 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 , size  and variety , post-harvest treatment or 
commercial type in such a way as not to mislead the consumer.   
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. 
                                                 
10 Commission Delegated Regulation (EU) 2017/1183 of 20 April 2017 on supplementing Regulations 
(EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and the Council with regard to 
the notifications to the Commission of information and documents (OJ L 171, 4.7.2017, p. 100).  
11 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer 
rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament 
and of the Council and repealing Council Directive  85/577/EEC and Directive 97/7/EC of the European 
Parliament and of the Council (OJ L 304, 22.11.2011 , p. 64).  
12 Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 
on quality schemes for agricultural products and  foodstuffs (OJ L 343, 14.12.2012, p. 1).  EN 12  EN When the country of the packer and/or the dispatcher is indicated  or when the variety 
indicated evo kes 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 .  
2. For products which are prepacked within the meaning of Regulation (EU) No 
1169/2011  of the European Parliament and of the Council13, in addition to all the 
information required by  the marketing standards , the net weight shall be indicated  in 
accordance with the rules set out in that Regulation .  
Article 8 
Mixes  
1. 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 or, where no specific 
marketing standard exists for a particular product, the general marketing 
standard;  
(b) the package is labelle d in accordance with this Regulation  and Regulation (EU) 
No 1169/2011 ; and 
(c) the mix of different products is not such as to mislead the consumer.  
2. The requirements of paragraph 1 , point (a), shall not apply to products included in a 
mix which are not products of the fruit and vegetables, dried fruits or bananas sectors 
referred to in Article 1.  
3. 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’.  
                                                 
13 Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on 
the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) 
No 1925/2006 of th e European Parliament and of the Council, and repealing Commission Directive 
87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC 
of the European Parliament and of the Council, Commission Directives 2002/67/EC and  2008/5/EC and 
Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18).  EN 13  EN CHAPTER III  
Marketing standards related to import ed product s 
Article 9 
Conditions to consider imported products to have equivalent level of conformity  
1. For the sector referred to in Article 1 , point (a) , at the request of a third country, the 
Commission may  approve checks on conformity to marketing standards carried out 
by that third country prior to import into the Union.  
2. The approval referred to in paragraph 1 may be granted to third countries where the 
Union marketing standards, or at least equivalent standards, are met for products 
exported to the Union  in accordance with Article 8(2) of Commission Implementing 
Regulation (EU) 2023/xxx14.  
3. The approval shall only apply to products originating in the third country concerned 
and may be limited to certain products.  
4. In order to obtain  the ap proval referred to in paragraph 1, t he 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 /xxxx  or 
equivalent methods.  
 
 
CHAPTER  IV 
Final provisions  
Article 10 
Repeal s 
Regulation (EU) No 543/2011  and Implementing Regulation s (EU) No 1333/2011 and (EC) 
No 1666/1999 are repealed.  
References to the repealed Regulations shall be construed as references to this Regulation and 
to Implementin g Regulation (EU) 2023/xxx , as appropriate,  and be read in accordance with 
the correlation table set out in Annex II to this Regulation.   
 
 
                                                 
14 Commission Implementing  Regulation (EU) 2023/ [to be completed by OP ] of […] […] (OJ L […], 
[…], p. […]). EN 14  EN 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 Regulati on shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels,  
 For the Commission  
 The President  
 Ursula VON DER LEYEN