OpenLegislation

Article 1

United Kingdom

Original text. Later amendments are not shown.

Implementing Regulation (EU) No 29/2012 is amended as follows:

  1. (1)

    the following Articles 4a and 4b shall be inserted:

    ‘Article 4a

    Information on the special preservation conditions for oils subject to Article 1(1), namely that they must be stored away from light and heat, shall appear on their containers or on labels attached to them.

    Article 4b

    The mandatory particulars described in the first paragraph of Article 3 and, where applicable, those described in the first subparagraph of Article 4(1), shall be grouped together within the principal field of vision, as defined by Article 2(2)(l) of Regulation (EU) No 1169/2011 of the European Parliament and of the Councilf1, either on the same label or on several labels attached to the same container, or directly on the same container. Those mandatory particulars must each be shown in full and in a homogeneous body of text.’;

  2. (2)

    the following point (e) shall be added to the first paragraph of Article 5:

    1. (e)

      ‘Regarding oils subject to point 1(a) and (b) of Annex XVI to Regulation (EC) No 1234/2007, the harvesting year may be shown only if 100 % of the contents of the container come from that harvest.’;

  3. (3)

    the first subparagraph of Article 6(2) shall be replaced by the following:

    ‘2.

    With the exception of solid foodstuffs preserved exclusively in olive oil, in particular the products referred to in Council Regulations (EEC) No 1536/92f2 and (EEC) No 2136/89f3, where the presence of oils as referred to in Article 1(1) of this Regulation in a foodstuff, other than those referred to in paragraph 1 of this Article, is stated on the labelling elsewhere than in the list of ingredients, using words, images or graphics, the trade description of the foodstuff shall be directly followed by the percentage of olive oil as referred to in Article 1(1) of this Regulation relative to the total net weight of the foodstuff.’;

  4. (4)

    in Article 7, the second paragraph shall be deleted;

  5. (5)

    the following Article 8a shall be inserted:

    ‘Article 8a

    Each Member State shall verify the accuracy of the labelling, in particular the conformity of the trade name of the product with the contents of the container, on the basis of risk analysis as referred to in Article 2a of Regulation (EEC) No 2568/91. If any irregularity is detected and the manufacturer, packager or seller shown on the label is located in another Member State, the control body of the Member State concerned shall ask for a verification pursuant to Article 8(2).’;

  6. (6)

    the first subparagraph of Article 9(1) shall be replaced by the following:

    ‘1.

    Without prejudice to the penalties laid down in Regulation (EC) No 1234/2007 and in Article 3 of Regulation (EEC) No 2568/91, Member States shall implement effective, proportionate and dissuasive penalties at national level if this Regulation is breached.’;

  7. (7)

    Article 10 shall be replaced by the following:

    ‘Article 10

    The Member States concerned shall forward to the Commission, no later than 31 May each year, a report containing the following information for the previous year:

    1. (a)

      requests for verifications received in accordance with Article 8(2);

    2. (b)

      verifications started and those started in previous marketing years and still ongoing;

    3. (c)

      verifications started in accordance with Article 8a using the model set out in Annex XXI to Regulation (EEC) No 2568/91;

    4. (d)

      the follow-up to the verifications carried out and the penalties applied.

    The report shall present this information according to the calendar year in which the verifications were started and by category of infringement. Where applicable, it shall point out any specific difficulties encountered and propose improvements to controls.’;

  8. (8)

    the following Article 10a shall be inserted:

    ‘Article 10a

    The notifications referred to in this Regulation shall be made in accordance with Commission Regulation (EC) No 792/2009f4.’.

Annotations

Footnotes

f1

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 the 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).’;

f2

Council Regulation (EEC) No 1536/92 of 9 June 1992 laying down common marketing standards for preserved tuna and bonito (OJ L 163, 17.6.1992, p. 1).

f3

Council Regulation (EEC) No 2136/89 of 21 June 1989 laying down common marketing standards for preserved sardines and trade descriptions for preserved sardines and sardine-type products (OJ L 212, 22.7.1989, p. 79).’;

f4

Commission Regulation (EC) No 792/2009 of 31 August 2009 laying down detailed rules for the Member States’ notification to the Commission of information and documents in implementation of the common organisation of the markets, the direct payments regime, the promotion of agricultural products and the regimes applicable to the outermost regions and the smaller Aegean islands (OJ L 228, 1.9.2009, p. 3).’.