Adoption of EU marketing standards: concerns dried fruit and nuts

On 17 August, the Commission adopted the draft regulations revising the marketing standards.

You will see the draft implementing and delegated regulations and their annexes below.

 draft delegated reg adopted 17 Aug 2023

Annex delegated reg adopted 17 August

draft adopted 17 August 2023

Annex Implementing reg adopted 17 August

This is not yet the final step in the procedure (which will be the publication in the official journal), but the process is very advanced after several meetings on the Member States’ experts and the public consultation to which FRUCOM replied: see here: https://frucom.eu/circulars/4035:frucom-final-reply-to-the-eu-consultation-on-marketing-standards.html

The Commission has taken into account some of FRUCOM comments: there seems more flexibility as products intended for industrial processing are exempt; pecans seem to be out of scope, except for origin labelling. There is a provision for risk-based checks (Member States shall ensure that conformity checks are carried out selectively, based on a risk analysis, and with appropriate frequency; the competent inspection body can inform the customs authority that it has not issued a certificate of conformity for the lots concerned because they did not need to be checked in the light of the risk analysis).

FRUCOM requests for more transition time, voluntary origin labelling, exemption for pistachios in shell (unroasted), macadamias in shell and pine nuts in shell have not been taken into account. Peanuts are not in the scope of these regulations.

The drafts foresee application from 1 January 2025.

Detailed overview

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 (that is, ex 0802 Other nuts, fresh or dried, whether or not shelled or peeled; 0813 50 31 0813 50 39 Mixtures exclusively of nuts of headings 0801 and 0802)

(b)(b) dried fruits of CN codes 0804 20 90, 0806 20 and ex 0813 listed in Part X of Annex I to that Regulation;

For the purpose of this regulation, 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 Council (“Article 60: Acquisition of origin

1. Goods wholly obtained in a single country or territory shall be regarded as having their origin in that country or territory.

2. Goods the production of which involves more than one country or territory shall be deemed to originate in the country or territory where they underwent their last, substantial, economically-justified processing or working, in an undertaking equipped for that purpose, resulting in the manufacture of a new product or representing an important stage of manufacture”).”

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 Regulation (EU) No 1308/2013;

(b) dried figs of CN code 0804 20 90;

(c) dried grapes of CN code 0806 20;

Article 5 Exceptions and exemptions from the application of marketing standards

1. By way of derogation from Article 76(2) and (3) of Regulation (EU) No 1308/2013: (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, or

– presented for retail sale to consumers for their personal use and intended for processing by them, or

– intended for the preparation of the products referred to in subparagraph (b)(xvii) of this paragraph, or

– intended for animal feed or other non-food use;

Article 5 Exceptions and exemptions from the application of marketing standards

(b) the following products shall not be required to conform to the marketing standard except regarding the indication of the country of origin as referred to in Article 76(1) of Regulation (EU) No 1308/2013:

(iii) bitter almonds of CN code 0802 11 10;

(iv) shelled almonds of CN code 0802 12;

(v) shelled hazelnuts of CN code 0802 22;

(vi) shelled walnuts of CN code 0802 32;

(vii) shelled pistachios of CN code 0802 52;

(viii) shelled macadamia of CN code 0802 62;

(ix) shelled pine nuts of CN code 0802 92;

(x) pecans of CN code 0802 99 10;

(xi) other nuts of CN code 0802 99 90;

(xii) dried plantains of CN code 0803 10 90;

(xiii) dried citrus of CN ex-code 0805;

(xiv) mixtures of tropical nuts of CN code 0813 50 31;

(xv) mixtures of other nuts of CN code 0813 50 39;

(xvii) products classified as fruit and vegetables and listed in Part IX of Annex I to Regulation (EU) No 1308/2013, having undergone any 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.

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’.

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.