in force 2023-01-01 INSERTED+2,620 −0§
Amended by Regulation (EU) 2021/2117 32021R2117
applies from: unknown (an inserted provision states its own application date only in prose)
Sources disagree about what is listed, not about the text — the text comparison and the amending act's instructions found this change; the EU's own amendment metadata does not list it. All are shown; none is overruled.
This is a newly inserted article establishing checks and administrative penalties tied to marketing rules, covering labelling conformity, import checks, risk-based verification of compliance, penalties for wine sector infringements, and delegated and implementing powers for the Commission on databanks, control cooperation, and check procedures.
Cited: Art. 90a, v2
text before / after
inserted text (02013R1308-20230101)
Article 90a Checks and penalties related to marketing rules 1. Member States shall take measures to ensure that products referred to in Article 119(1) which are not labelled in conformity with this Regulation are not placed on the market or, if they have already been placed on the market, are withdrawn from the market. 2. Without prejudice to any specific provisions which may be adopted by the Commission, imports into the Union of the products specified in Article 189(1), points (a) and (b), shall be subject to checks to determine whether the conditions provided for in paragraph 1 of that Article are met. 3. Member States shall carry out checks, based on a risk analysis, in order to verify whether the products referred to in Article 1(2) conform to the rules laid down in this Section and shall apply administrative penalties as appropriate. 4. Without prejudice to acts concerning the wine sector that have been adopted pursuant to Article 58 of Regulation (EU) 2021/2116, in the event of an infringement of Union rules in the wine sector, Member States shall apply proportionate, effective and dissuasive administrative penalties in accordance with Title IV, Chapter I, of that Regulation. Member States shall not apply such penalties where the non-compliance is of a minor nature. 5. In order to protect Union funds and to protect the identity, provenance and quality of Union wine, the Commission shall be empowered to adopt delegated acts in accordance with Article 227, supplementing this Regulation, relating to: (a) the establishment or maintenance of an analytical databank of isotopic data to help detect fraud to be constructed on the basis of samples collected by Member States; (b) rules governing control bodies and the mutual assistance between them; (c) rules governing the common use of the findings of Member States. 6. The Commission may adopt implementing acts laying down all measures necessary for: (a) the procedures relating to Member States’ respective databanks and to the analytical databank of isotopic data referred to in paragraph 5, point (a); (b) the procedures relating to cooperation and assistance between control authorities and bodies; (c) as regards the obligation referred to in paragraph 3, rules for performing checks on compliance with marketing standards, rules governing the authorities responsible for performing the checks, as well as rules on the content and the frequency of the checks and the marketing stage to which those checks are to apply. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).