Area: .nan
Competent authority: MGRT, MKGP
EZU URL: .nan
Initiative ID: 1048
Initiative accepted and completed: '2020-07-17'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2020-06-22'
Initiative published: '2020-06-22'
Initiative submitted: '2020-06-20'
Response from the competent authority: "Reply from the Ministry of Agriculture, Forestry\
  \ and Food:1. Directorate for AgricultureFor fresh fruit and vegetables, origin\
  \ labelling is compulsory in accordance with Article 76 of Regulation (EU) No 1308/2013\
  \ of the European Parliament 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 1234/2007.\
  \ Products may only be marketed if they are in good condition, of fair marketable\
  \ quality, the country of origin is indicated and marketing standards (general marketing\
  \ standard, specific marketing standards) are complied with. Marketing standards\
  \ apply at all marketing stages, which means that even at the point of sale in markets,\
  \ sales must comply with the requirements of Regulation (EU) No 1308/2011 and with\
  \ the indication of origin.Exceptions to the application of marketing standards\
  \ are laid down in Article 4 of Commission Implementing Regulation (EU) No 543/2011\
  \ laying down detailed rules for the application of Regulation (EU) No 1308/2011.\
  \ However, under Regulation (EU) No 1308/2013, the indication of origin is in any\
  \ case compulsory.When selling cherries, the requirements of the general marketing\
  \ standard (Regulation (EU) No 543/2011, Annex I, Part A) must be complied with,\
  \ which also means that the full name of the country of origin must be indicated.Register\
  \ of agricultural holdings - register of orchardsFor orchards, the full name of\
  \ the country of origin is required in accordance with Art. Under Article 143 of\
  \ the Agriculture Act (ZKme), the persons liable to be entered in the Register of\
  \ Agricultural Holdings (RAG) are the holders of agricultural holdings which:- apply\
  \ for financial support or other agricultural policy measures,- have at least 0.2\
  \ ha of intensive orchards or 0.1 ha of berry or nuts orchards in use, or- market\
  \ the produce they grow.Holders of agricultural holdings which market their own\
  \ fruit produce are liable to be entered in the Register of Establishments, except\
  \ in the case of small quantities of agricultural produce and foodstuffs. In accordance\
  \ with Article 61. Article 61 of the Law on Agriculture and the Rules governing\
  \ small quantities of foodstuffs, small quantities are all quantities produced by\
  \ a food business operator on:- 1 ha of arable land or extensive orchards, - 0,3\
  \ ha of greenhouses or intensive orchards, with the exception of berries (strawberries,\
  \ raspberries, blueberries, currants and other berries), where the maximum authorised\
  \ production area may not exceed 0,15 ha, and which are sold either directly to\
  \ the final consumer on the local market or to retail establishments which sell\
  \ them directly to the final consumer on the local market.2The Slovenian Food Safety,\
  \ Veterinary and Plant Protection Authority (UVHVVR)By way of introduction, we would\
  \ like to clarify that, up to now, certification has only been provided for under\
  \ voluntary quality schemes for agricultural products and foodstuffs, such as: 'goodness\
  \ from our farms', 'selected quality', 'optional quality indications', 'organic',\
  \ 'integrated', 'higher quality', 'traditional speciality guaranteed', 'designation\
  \ of origin', 'geographical indication' and other quality schemes recognised by\
  \ Union rules. To qualify as a scheme means to define specific criteria and requirements\
  \ regarding the characteristics, production or processing practices of agricultural\
  \ products or foodstuffs which go beyond the quality required, or conditions relating\
  \ to the protection of human, animal or plant health, animal welfare or the protection\
  \ of the environment, and are important for promoting the production of a higher\
  \ or specific quality which is commercially attractive and recognisable to the consumer.\
  \ It is the responsibility of the food business operator to ensure the traceability,\
  \ the correct origin and the quality of the fruit and vegetables. The UVHVVR is\
  \ responsible for monitoring how food business operators (including sellers) ensure\
  \ traceability, quality and origin marking.Traceability must be ensured backwards\
  \ when supplying final consumers and forwards and backwards when intermediaries\
  \ are involved. In the case of inadequate (non-ensured) traceability, which is an\
  \ element of safety, the operator must no longer trade in such foodstuffs and the\
  \ foodstuffs must be withdrawn from the market and destroyed.Fresh fruit and vegetables\
  \ must be labelled as to origin. Proof of origin must be provided by the seller\
  \ by means of a statement of origin on the document of the product received one\
  \ step back and must appear on the label or, in the case of non-pre-packaged foodstuffs,\
  \ on a visible label next to the product. The labelling, advertising or marketing\
  \ of agricultural products and foodstuffs shall not mislead the consumer, whether\
  \ by words, pictures or otherwise, as to the truth of the claims made. In cases\
  \ of misleading the consumer as regards the labelling, advertising or marketing\
  \ of agricultural products and foodstuffs, the inspector may, by oral decision on\
  \ record, immediately prohibit the marketing of the foodstuff by the person directly\
  \ labelling, advertising or marketing the agricultural product or foodstuff.However,\
  \ certain types of fruit must be additionally labelled with the particulars set\
  \ out in Commission Implementing Regulation (EU) No 543/2011 laying down detailed\
  \ rules for the application of Council Regulation (EC) No 1234/2007 as regards the\
  \ fruit and vegetables and processed fruit and vegetables sectors. As agricultural\
  \ products and foodstuffs may only be marketed if they comply with the regulatory\
  \ requirements and are labelled in the prescribed manner, inspectors impose a marketing\
  \ ban on all agricultural products and foodstuffs that do not comply with the regulatory\
  \ requirements or the prescribed labelling.As part of their regular inspection tasks,\
  \ UVHVVR inspectors check how the obliged sellers ensure traceability, how they\
  \ label origin and quality and what evidence they have.In addition to the regular\
  \ inspection tasks, exceptional inspections are carried out from the end of April\
  \ to the end of June, specifically targeting a group of sellers at market stalls\
  \ or other sales outlets, in particular at roadside stands. Most non-compliances\
  \ are found with regard to correct labelling or misleading about the origin of fruit\
  \ and vegetables, followed by ensuring traceability, then correct registration and\
  \ hygiene at the point of sale.Since 2016, the UVHVVR has been publicising the results\
  \ of the extraordinary controls and drawing attention to the problems related to\
  \ these controls. Detailed reports on special inspections are available on the website:\
  \ https://www.gov.si/drzavni-organi/organi-v-sestavi/uprava-za-varno-hrano-veterinarstvo-in-varstvo-rastlin/o-upravi/inspekcija-za/Za\
  \ to remedy the non-compliances found, inspectors impose administrative inspection\
  \ measures by means of decisions and fines in accordance with the Law on Misdemeanours.\
  \ When enforcing the measures, in particular the payment of fines, inspectors encounter\
  \ the following problems:- sales activities are carried out by legal persons who\
  \ have only a post office box in the Republic of Slovenia, the persons responsible\
  \ have an address in third countries - as a consequence, the service of official\
  \ documents is ineffective; - legal persons are established only for a short period\
  \ of time, sometimes less than one year, and if a legal person is banned from carrying\
  \ out its activities, the same natural persons immediately establish another legal\
  \ person - as a consequence, inspection and court proceedings are ineffective; -\
  \ legal persons close their accounts for payment and transactions immediately after\
  \ their establishment - as a consequence, it is not possible to recover final fines\
  \ imposed.In view of the above problems, the inspectors have liaised with the courts\
  \ to bring an indictment before the courts for the seizure of all the objects with\
  \ which the offence has been committed. The procedure requires an immediate response\
  \ from the court - within a few hours. Such procedures have so far always been carried\
  \ out by the Court in Koper, the Court in \u010Crnomelj and partially by the Court\
  \ in Kranj. Of course, the inspectors themselves have to carry out the seizure,\
  \ transport, storage and destruction of the confiscated items.Table1: Number of\
  \ inspections of market stalls and other sales outlets in special inspectionsNumber\
  \ of inspectionsNumber of inspectionsNumber of inspectionsNo. Administrative inspection\
  \ decisions issuedInfringement proceedings carried outFY 20161232234FY 201765187FY\
  \ 20181432564FY 20192193762**FY 2020*21117 in progressTotal761119167*Data up to\
  \ 30.6.2020** of which 8 indictments with seizure of items and 1 report of suspected\
  \ offenceOne of the measures is the seizure and destruction of goods. From 2018\
  \ to the end of June 2020, a total of 1.135,3 kg of fruit and vegetables were seized\
  \ and destroyed.Table 2: Type and quantity of fruit and vegetables destroyedquantity\
  \ of foodstuff destruction (quantity in kg)y. 2018y. 2019y. 2020* strawberries11813748,5cherries21030851,2asparagus1614,8nuts805512onions3other\
  \ fruit and vegetables10peppers10bacon10tomatoes18,3eggplants8,5cucumbers13vegetables2,5broccoli1,5vegetables8To\
  \ control the sale of stalls on roadsides or outside the designated areas, it is\
  \ necessary to prohibit by law this way of sale.The amendment to the Law on Agriculture,\
  \ which is to be submitted for public consultation at the beginning of July 2020,\
  \ therefore proposes an article stipulating that natural and legal persons may sell\
  \ agricultural products or foodstuffs to the final consumer only at the place of\
  \ production or processing, in registered or approved establishments, at stalls\
  \ in registered markets, in registered mobile sales facilities, by door-to-door\
  \ sales, and by sales at stalls at fairs, events and at stalls in enclosed public\
  \ spaces.Such regulation would certainly prevent roadside sales and at the same\
  \ time make the operation of legal persons more transparent.3The Food and Fisheries\
  \ Directorate provides information on the quality schemes (types of schemes, procedures,\
  \ approved specifications, certified producers, etc.) on the homepage of https://www.gov.si/teme/sheme-kakovosti-in-zasciteni-kmetijski-pridelki-in-zivila/.\
  \ The information on this link is regularly updated and is therefore the only relevant\
  \ information.The specification for IK fruit will be updated with the applicants\
  \ and published on the above-mentioned website later in the week.The specification\
  \ for IK fruit will be published on the above-mentioned website.The publication\
  \ of the currently validated specifications with the \"selected quality\" label\
  \ will also update the \"our superfoods\" website.Reply from the Ministry of Economic\
  \ Development and Technology:The Consumer Protection Act (Official Journal of the\
  \ RS, No 98/04 - Official consolidated text, 114/06 - ZUE, 126/07, 86/09, 78/11,\
  \ 38/14 and 19/15; hereinafter referred to as the \"CPC\") stipulates in its Article\
  \ 2(1) that, when labelling a product, an undertaking must provide the consumer\
  \ with the necessary information concerning the characteristics, conditions of sale,\
  \ use and intended use of the product.34 34.Article 11 of the ZVPot further provides\
  \ that for goods intended for sale to consumers in shops, outside shops and for\
  \ the sale of goods concluded by distance contracts, the undertaking must provide\
  \ the labelling, the certificate, the declaration of conformity, the warranty card,\
  \ the instructions for assembly and use, the list of authorised repairers, or other\
  \ accompanying documents, if so provided for by the regulation.Unfair commercial\
  \ practices are regulated by the Act on Consumer Protection against Unfair Commercial\
  \ Practices (Official Journal of the Republic of Slovenia, No 53/07; hereinafter\
  \ referred to as the \"UCPAP\"). It provides that unfair commercial practices by\
  \ businesses towards consumers are prohibited before, during and after the conclusion\
  \ of a transaction relating to the purchase of a product. Unfair commercial practices\
  \ by businesses towards consumers are prohibited before, during and after the conclusion\
  \ of a transaction relating to the purchase of a product. A commercial practice\
  \ is unfair if it contravenes the requirements of professional diligence and, in\
  \ relation to a product, materially distorts or is likely to distort the economic\
  \ behaviour of the average consumer it reaches or is intended to reach or is intended\
  \ to reach or is intended to reach or is likely to distort the economic behaviour\
  \ of the average consumer or of the average member of a particular target group\
  \ of consumers, if it is intended to reach or is intended to reach or is intended\
  \ to reach a particular target group of consumers. A commercial practice shall be\
  \ considered misleading if it contains false information and is therefore untrue.\
  \ A commercial practice shall also be regarded as misleading if it misleads or is\
  \ likely to mislead the average consumer in any way, including the presentation\
  \ as a whole, even if the information is accurate in respect of one or more of the\
  \ listed elements, and in any event causes or is likely to cause the average consumer\
  \ to take a transactional decision that he would not otherwise have taken. A commercial\
  \ practice shall also be regarded as misleading if, in a particular case, taking\
  \ into account all the characteristics and circumstances and the limitations of\
  \ the means of communication, the undertaking omits material information which,\
  \ in the light of the actual circumstances, the average consumer needs in order\
  \ to make a decision in the knowledge of all the relevant facts, and thereby causes\
  \ or is likely to cause the average consumer to take a transactional decision which\
  \ he would not otherwise have taken. It shall also be considered a misleading omission\
  \ if the undertaking conceals or makes unclear, incomprehensible, ambiguous or inappropriately\
  \ timed disclosures of material information, or if the undertaking fails to identify\
  \ the commercial purpose of a commercial practice or if this is not apparent from\
  \ its content.Under the ZVPNPP, the Market Inspectorate of the Republic of Slovenia\
  \ or another competent inspection authority may, by decision, prohibit an undertaking\
  \ from using an unfair commercial practice if it considers that it is likely to\
  \ cause consumer detriment, regardless of the form of the undertaking's fault, and\
  \ may also impose a financial penalty on the undertaking and the person responsible\
  \ in the event of a breach of the ZVPot and ZVPNPP.In view of the extensive regulation\
  \ of the area in question presented above, we do not consider that further regulation\
  \ is necessary. The current legislation already contains a general prohibition of\
  \ unfair commercial practices, as well as the authorities competent for supervision\
  \ and the appropriate (proportionate to the infringement) sanctions (both a fine\
  \ and an administrative prohibition of the use of unfair commercial practices) for\
  \ the offenders (both for the company using unfair commercial practices and for\
  \ the person responsible)."
Text file: 1048.txt
Title: Compulsory certification under the IK scheme for mountain pear trees
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=1048
