1.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:
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;
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;
products marketed as edible sprouts, following germination of seeds of plants classified as fruit and vegetables listed in Part IX of Annex I to Regulation (EU) No 1308/2013;
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, subject to the conditions laid down in paragraph 4 of this Article;
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:
non-cultivated mushrooms of CN code ex 0709 51 to ex 0709 56 and 0709 59;
capers of CN code 0709 99 40;
bitter almonds of CN code 0802 11 10;
shelled almonds of CN code 0802 12;
shelled hazelnuts of CN code 0802 22;
shelled walnuts of CN code 0802 32;
shelled pistachios of CN code 0802 52;
shelled macadamia of CN code 0802 62;
shelled pine nuts of CN code 0802 92;
pecans of CN code 0802 99 10;
other nuts of CN code 0802 99 90;
dried plantains of CN code 0803 10 90;
dried citrus of CN code ex 0805;
mixtures of tropical nuts of CN code 0813 50 31;
mixtures of other nuts of CN code 0813 50 39;
saffron of CN code 0910 20;
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;
in case of donation, other than 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 Council 2, the products covered by this Regulation shall be required to conform to the general marketing standard except regarding marking provisions, provided they are clearly marked 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 defined by the Member States concerned:
products sold or delivered by the grower to preparation and packaging stations or storage facilities, or shipped from his holding to such stations;
products shipped from storage facilities to preparation and packaging stations;
products of EU origin that do not conform to the marketing standards set in this Regulation due to a situation of ‘force majeure’ 3 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 derogations 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 conditions 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 adopted rules to exempt such products. Such rules shall not 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 which they have adopted in this respect. The Commission shall inform other Member States of any notification of such rules.
5.The notifications referred to in paragraph 2, point (c), and in paragraph 4 shall be made in accordance with Commission Delegated Regulation (EU) 2017/1183 4.
6.By way of derogation from Article 76(1) of Regulation (EU) No 1308/2013 and from Article 3 of this Regulation, for products referred to in Article 1(2) of this Regulation originating in the non-self-governing territory of Western Sahara that are subject to the control of the Moroccan custom authorities and are imported and marketed in the Union, the indication of the country of origin shall be replaced by the indication of the region in which the concerned product originates as indicated in the certificate of origin accompanying those products when imported into the Union.