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1. Retail goods shall be marked in accordance with the following requirements:

(a) from 1 October 2023, all retail goods shall be marked in accordance with the requirements set out in points 2 and 3 of Annex IV, except for the following retail goods which shall bear an individual marking in accordance with point 1 of Annex IV:

(i) prepacked meat, prepacked meat products and meat packed on sales premises;

(ii) prepacked milk, prepacked dairy products and dairy products packed on sales premises listed in Part 1 of Annex V;

(b) from 1 October 2024, all milk and dairy products shall bear an individual marking in accordance with point 1 of Annex IV;

(c) from 1 July 2025, all retail goods shall bear an individual marking in accordance with the requirements set out in point 1 of Annex IV, except for the retail goods listed in Part 2 of Annex V, which shall be marked in accordance with the requirements set out in points 2 and 3 of Annex IV.

2. By way of derogation from paragraph 1:

(a) individual goods sold loose or by weight on the sales premises at the consumer’s request, including individual goods processed and sold on the sales premises by a retailer for direct consumption by the consumer, shall be marked in accordance with the requirements set out in points 2 and 3 of Annex IV;

(b) individual goods offered by a catering operator, at factory canteens, by institutional catering, by restaurants and by other similar food service operators for direct consumption on the spot shall not be required to bear a marking.

3. The Commission is empowered to adopt delegated acts in accordance with Articles 16 and 17 in order to amend Annex IV by adapting the marking requirements in response to technical or operational developments.

4. The Commission shall monitor whether all retail goods are marked in accordance with paragraph 1.

Where there is evidence, such as a Union inspection report, an audit, or a notification under IMSOC or OFIS, or data on trade volumes of wine products, that retail goods do not comply with the requirements laid down in this Article or are found on the market in a Member State, the Commission may amend Annexes IV and V by means of a delegated act adopted in accordance with Articles 16 and 17.

5. The Commission is empowered to adopt delegated acts in accordance with Articles 16 and 17 to amend the list of retail goods set out in Part 2 of Annex V in accordance with the following criteria:

(a) a retail good shall be added to that list where the individual marking of that retail good is not required as official controls are no longer required at border control posts in accordance with Regulation (EU) 2017/625;

(b) a retail good shall be removed from that list where the individual marking is required for the purposes of Articles 4 and 5 of this Regulation, or where official controls are required at border controls posts in accordance with Regulation (EU) 2017/625.

6. Where the Commission assesses in accordance with Article 9(1) and (3) that the relevant public health and consumer information rules laid down in the Union acts or parts thereof listed and indicated with an asterisk in Annex I apply under the national law of the United Kingdom, it may adopt a delegated act in accordance with Article 16 to amend Annex V by adding categories of retail goods authorised to be marked in accordance with the requirements set out in points 2 and 3 of Annex IV. Where the United Kingdom has not informed the Commission that a Union act or an amendment to a Union act applies under its national law and provided evidence thereof in accordance with Article 9(5), the Commission shall adopt a delegated act in accordance with Articles 16 and 17 to amend Annex V by removing the categories of retail goods concerned.