I
(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)
REGULATIONS
COMMISSION REGULATION (EC) No 1221/2008
of 5 December 2008
amending Regulation (EC) No 1580/2007 laying down implementing rules of Council Regulations
(EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector as regards
marketing standards
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Commu-nity,
Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation ofagricultural markets and on specific provisions for certainagricultural products (Single CMO Regulation) (
1), and in
particular Article 121(a) in conjunction with Article 4 thereof,
Whereas:
(1) Council Regulation (EC) No 361/2008 (2) has integrated
into Regulation (EC) No 1234/2007, with effect from 1 July
2008, the provisions of Council Regulation (EC) No 1182/2007 (
3), which lays down specific rules as regards the fruit
and vegetable sector, without calling into question the
underlying policy choices. These provisions state that fruitand vegetables which are intended to be sold fresh to theconsumer, may only be marketed if they are sound, fair andof marketable quality and if the country of origin isindicated. In the interest of harmonisation of theimplementation of this provision, it is appropriate todefine these characteristics in providing for a generalmarketing standard for all fresh fruits and vegetables.
(2) Commission Regulation (EC) No 1580/2007 (4) does not
currently contain specific marketing standards for indivi-
dual products which are currently contained in a number ofexisting Regulations, which continue to apply pursuant toArticle 203a(7) of Regulation (EC) No 1234/2007. In theinterests of clarity it is appropriate to gather together all thespecific marketing standards foreseen under Arti-cle 113(1)(b) and (c) of Regulation (EC) No 1234/2007
into Regulation (EC) No 1580/2007.
(3) It is also appropriate in the light of experience and in the
interests of simplification to reduce the list of products
covered by specific marketing standards, to include onlythose products for which it seem necessary to adopt astandard based on an assessment of its relevance, takinginto account in particular which products are most tradedin value terms on the basis of the figures held in theComext database on intra-Community and extra-Commu-nity trade.
(4) In order to avoid unnecessary barriers to trade, where
specific marketing standards are to be laid down for
individual products, these standards should be those as setout in the standards adopted by the United NationsEconomic Commission for Europe (UNECE). For the samereason, other products should be considered to conform tothe general marketing standard where the holder is able toshow they are in conformity with any such applicablestandards.
(5) The exceptions and exemptions from these standards
should also be modified accordingly. In particular, the
reference to minimum quality criteria for products intendedfor industrial processing should be deleted since thosecriteria related to aid schemes which have been abolishedby Regulation (EC) No 1182/2007. Since some fruit andvegetables will naturally develop and have a tendency toperish, they should be permitted to show a slight lack offreshness and turgidity provided they are not in Extra Class.Certain products which are normally not intact when soldshould be exempted from the general marketing standardwhich would otherwise require this.13.12.2008 EN Official Journal of the European Union L 336/1
(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 121, 7.5.2008, p. 1.
(3) OJ L 273, 17.10.2007, p. 1.
(4) OJ L 350, 31.12.2007, p. 1.(6) To avoid fraud and cases of misleading consumers, the
information particulars required by the standards should be
available to consumers before purchase. This is especiallythe case for distance selling where experience has shownthe risks of fraud and avoidance of the consumer protectionoffered by the standards.
(7) In order to ensure that checks may be properly and
effectively carried out, invoices and accompanying docu-
ments, other than those for consumers, should containcertain basic information contained in the marketingstandards.
(8) The provisions relating to mixes of fruits and vegetables
should be simplified whilst maintaining sufficient protec-
tion for the consumer. The scope of the provisions shouldbe extended to packages of 5 kg or less to reflect the markettrend to sell bigger packs than before.
(9) The provisions of Chapter II of Regulation (EC) No 1580/
2007 relating to checks on conformity to marketing
standards should be simplified without reducing their scopein order to ensure conformity at an appropriate level. Theyshould take into account Article 113a(4) of Regulation (EC)
No 1234/2007 which provides that Member States should
check selectively, based on a risk analysis, whether productsconform to marketing standards and that the checks shouldbe focused on the stage prior to dispatch from theproduction areas when the products are being packed orloaded. For products from third countries, checks should bedone prior to release for free circulation. In particular thereshould be a strengthening of the role of the risk assessmentin selecting products for checks. Experience has shown thatthe definition of <trader> should be widened and mademuch more detailed in order to ensure that all actors in themarketing chain are covered and to ensure legal certainty.
(10) Following Commission Regulations should therefore be
repealed:
— (EEC) No 1292/81 of 12 May 1981 laying down
quality standards for leeks, aubergines and cour-
gettes (5);
— (EEC) No 2213/83 of 28 July 1983 laying down
quality standards for onions and witloof chicory (6);— (EEC) No 1591/87 of 5 June 1987 laying down
quality standards for cabbages, Brussels sprouts,ribbed celery, spinach and plums (
7);
— (EEC) No 1677/88 of 15 June 1988 laying down
quality standards for cucumbers (8);
— (EC) No 831/97 of 7 May 1997 laying down
marketing standards applicable to avocados (9);
— (EC) No 2288/97 of 18 November 1997 laying down
marketing standards for garlic (10);
— (EC) No 963/98 of 7 May 1998 laying down
marketing standards for cauliflowers and arti-chokes (
11);
— (EC) No 730/1999 of 7 April 1999 laying down the
marketing standard for carrots (12);
— (EC) No 1168/1999 of 3 June 1999 laying down
marketing standards for plums (13);
— (EC) No 1455/1999 of 1 July 1999 laying down the
marketing standard for sweet peppers (14);
— (EC) No 2377/1999 of 9 November 1999 laying
down the marketing standard for asparagus (15);
— (EC) No 2561/1999 of 3 December 1999 laying
down the marketing standard for peas (16);
— (EC) No 2789/1999 of 22 December 1999 laying
down the marketing standard for table grapes (17);
— (EC) No 790/2000 of 14 April 2000 laying down the
marketing standard for tomatoes (18);L 336/2 EN Official Journal of the European Union 13.12.2008
(5) OJ L 129, 15.5.1981, p. 38.
(6) OJ L 213, 4.8.1983, p. 13.(7) OJ L 146, 6.6.1987, p. 36.
(8) OJ L 150, 16.6.1988, p. 21.
(9) OJ L 119, 8.5.1997, p. 13.
(10) OJ L 315, 19.11.1997, p. 3.
(11) OJ L 135, 8.5.1998, p. 18.
(12) OJ L 93, 8.4.1999, p. 14.
(13) OJ L 141, 4.6.1999, p. 5.
(14) OJ L 167, 2.7.1999, p. 22.
(15) OJ L 287, 10.11.1999, p. 6.
(16) OJ L 310, 4.12.1999, p. 7.
(17) OJ L 336, 29.12.1999, p. 13.
(18) OJ L 95, 15.4.2000, p. 24.— (EC) No 851/2000 of 27 April 2000 laying down the
marketing standard for apricots (19);
— (EC) No 175/2001 of 26 January 2001 laying down
the marketing standard for walnuts in shell (20);
— (EC) No 912/2001 of 10 May 2001 laying down the
marketing standard for beans (21);
— (EC) No 1508/2001 of 24 July 2001 laying down the
marketing standard for onions and amending Regula-tion (EEC) No 2213/83 (
22);
— (EC) No 1543/2001 of 27 July 2001 laying down the
marketing standard for lettuces and curled-leaved andbroad-leaved (Batavian) endives (
23);
— (EC) No 1615/2001 of 7 August 2001 laying down
the marketing standard for melons and amendingRegulation (EC) No 1093/97 (
24);
— (EC) No 1799/2001 of 12 September 2001 laying
down the marketing standard for citrus fruit (25);
— (EC) No 2396/2001 of 7 December 2001 laying
down the marketing standard applicable to leeks (26);
— (EC) No 843/2002 of 21 May 2002 laying down the
marketing standard for strawberries and amendingRegulation (EEC) No 899/87 (
27);
— (EC) No 1284/2002 of 15 July 2002 laying down the
marketing standard for hazelnuts in shell (28);
— (EC) No 1466/2003 of 19 August 2003 laying down
the marketing standard for artichokes and amendingRegulation (EC) No 963/98 (
29);
— (EC) No 1757/2003 of 3 October 2003 laying down
the marketing standard for courgettes and amendingRegulation (EEC) No 1292/81 (
30);— (EC) No 85/2004 of 15 January 2004 laying down the
marketing standard for apples (31);
— (EC) No 86/2004 of 15 January 2004 laying down the
marketing standard for pears (32);
— (EC) No 214/2004 of 6 February 2004 laying down
the marketing standard for cherries (33);
— (EC) No 1673/2004 of 24 September 2004 laying
down the marketing standard applicable to kiwi-fruit (
34);
— (EC) No 1861/2004 of 26 October 2004 laying down
the marketing standard applicable to peaches andnectarines (
35);
— (EC) No 1862/2004 of 26 October 2004 laying down
the marketing standard applicable to watermelons (36);
— (EC) No 1863/2004 of 26 October 2004 laying down
the marketing standard applicable to cultivatedmushrooms (
37);
— (EC) No 634/2006 of 25 April 2006 laying down the
marketing standard applicable to headed cabbages andamending Regulation (EEC) No 1591/87 (
38).
(11) In order to allow Member States and traders to prepare for
the changes introduced by this Regulation, it should apply
from 1 July 2009. Appropriate transitional provisionsshould be laid down to allow for the use, until stocks areexhausted, of specimens and conformity certificates whichconformed to the now existing provisions of Regulation(EC) No 1580/2007, and for the continuity of authorisa-tions granted to approved traders.
(12) Regulation (EC) No 1580/2007 should therefore be
amended accordingly.
(13) The Management Committee for the Common Organisa-tion of Agricultural Markets has not delivered an opinion
within the time limit set by its Chairman,13.12.2008 EN Official Journal of the European Union L 336/3
(19) OJ L 103, 28.4.2000, p. 22.
(20) OJ L 26, 27.1.2001, p. 24.
(21) OJ L 129, 11.5.2001, p. 4.
(22) OJ L 200, 25.7.2001, p. 14.
(23) OJ L 203, 28.7.2001, p. 9.
(24) OJ L 214, 8.8.2001, p. 21.
(25) OJ L 244, 14.9.2001, p. 12.
(26) OJ L 325, 8.12.2001, p. 11.
(27) OJ L 134, 22.5.2002, p. 24.
(28) OJ L 187, 16.7.2002, p. 14.
(29) OJ L 210, 20.8.2003, p. 6.
(30) OJ L 252, 4.10.2003, p. 11.(31) OJ L 13, 20.1.2004, p. 3.
(32) OJ L 13, 20.1.2004, p. 19.
(33) OJ L 36, 7.2.2004, p. 6.
(34) OJ L 300, 25.9.2004, p. 5.
(35) OJ L 325, 28.10.2004, p. 10.
(36) OJ L 325, 28.10.2004, p. 17.
(37) OJ L 325, 28.10.2004, p. 23.
(38) OJ L 112, 26.4.2006, p. 3.HAS ADOPTED THIS REGULATION:
Article 1
Amendments to Regulation (EC) No 1580/2007
Regulation (EC) No 1580/2007 is amended as follows:
(1) In Chapter I of Title II, the following Article 2a is inserted
before Article 3:
‘Article 2a
Marketing standards; holders
1. The requirements of Article 113a(1) of Regulation (EC)
No 1234/2007 shall be known as the general marketingstandard. The details of the general marketing standard areset out in Part A of Annex I to this Regulation.
Fruit and vegetables not covered by a specific marketing
standard shall conform to the general marketing standard.However, where the holder is able to show they are inconformity with any applicable standards adopted by theUnited Nations Economic Commission for Europe
(UNECE), the product shall be considered as conforming
to the general marketing standard.
2. The specific marketing standards referred to in
Article 113(1)(b) and (c) of Regulation (EC) No 1234/2007 are set out in Part B of Annex I to this Regulation asregards the following products:
(a) apples,
(b) citrus fruit,(c) kiwifruit,
(d) lettuces, curled leaved and broad-leaved endives,
(e) peaches and nectarines,
(f) pears,
(g) strawberries,
(h) sweet peppers,
(i) table grapes,(j) tomatoes.
3. For the purposes of Article 113a(3) of Regulation (EC)
No 1234/2007, a holder shall be any natural or legalperson physically in possession of the products concerned.’;(2) Article 3 is amended as follows:
(a) Paragraph 1 is amended as follows:
(i) the introductory phrase and the point (a) are
replaced by the following:
‘By way of derogation from Article 113a(3) of
Regulation (EC) No 1234/2007, the followingshall not be required to conform to the market-ing standards:
(a) provided they are clearly marked with the
words “intended for processing” or“for
animal feed” or any other equivalent
wording, products:
(i) intended for industrial processing, or
(ii) intended for animal feed or other
non-food use;’;
(ii) the following point is added:
‘(d) products having undergone a trimming or
cutting making them “ready to eat” or
“kitchen ready”.’;
(b) In paragraph 2, the introductory words are replaced
by the following:
‘By way of derogation from Article 113a(3) of
Regulation (EC) No 1234/2007, the following shallnot be required to conform to the marketingstandards within a given production area:’;
(c) Paragraph 3 is replaced by the following:
‘3. By way of derogation from Article 113a(3) of
Regulation (EC) No 1234/2007, Member States mayexempt from the specific marketing standards prod-ucts presented for retail sale to consumers for theirpersonal use and labelled “product intended for
processing” or with any other equivalent wording
and intended for processing other than those referredto in point (a)(i) of paragraph 1.’;
(d) The following paragraphs 3a and 3b are inserted:
‘3a. By way of derogation from Article 113a(3) of
Regulation (EC) No 1234/2007 as regards the specificmarketing standards, fresh fruit and vegetables not inExtra Class, at stages following dispatch, may show aL 336/4 EN Official Journal of the European Union 13.12.2008slight lack of freshness and turgidity and slight
deterioration due to their development and theirtendency to perish.
3b. By way of derogation from Article 113a(3) of
Regulation (EC) No 1234/2007, the following
products shall not be required to conform to the
general marketing standard:
(a) mushrooms other than cultivated mushrooms of
CN code 0709 59,
(b) capers of CN code 0709 90 40,
(c) bitter almonds of CN code 0802 11 10,
(d) shelled almonds of CN code 0802 12,
(e) shelled hazelnuts of CN code 0802 22,
(f) shelled walnuts of CN code 0802 32,
(g) pine nuts of CN code 0802 90 50, and
(h) saffron of CN code 0910 20.’;
(3) Article 4 is amended as follows:
(a) Paragraph 1 is replaced by the following:
‘1. The information particulars required by this
Chapter shall be shown legibly and obviously onone side of the packaging, either indelibly printeddirectly onto the package or on a label which is anintegral part of the package or affixed to it.’
(b) The following paragraphs are added:
‘3. In the case of distance contracts within the
meaning of Article 2(1) of Directive 97/7/EC of the
European Parliament and of the Council (*), conform-
ity with the marketing standards shall require that theinformation particulars shall be available before thepurchase is concluded.
4. Invoices and accompanying documents, exclud-
ing receipts for the consumer, shall indicate the nameand the country of origin of the products and, whereappropriate, the class, the variety or commercial typeif required in a specific marketing standard, or the factthat it is intended for processing.
(*) OJ L 144, 4.6.1997, p. 19.’(4) Articles 5 and 6 are replaced by the following:
‘Article 5
Information particulars at the retail stage
At retail stage, the information particulars required by this
Chapter shall be legible and conspicuous. Products may bepresented for sale provided the retailer displays promi-nently, adjacent to and legibly the information particularsrelating to country of origin and, where appropriate, class
and variety or commercial type in such a way as not to
mislead the consumer.
For pre-packaged products as referred to in Directive 2000/
13/EC of the European Parliament and of the Council (*),the net weight shall be indicated, in addition to all theinformation provided for in the marketing standards.However, in the case of products sold by number, therequirement to indicate the net weight shall not apply if thenumber of items may be clearly seen and easily countedfrom the outside or, if the number is indicated on the label.
Article 6
Mixes1. The marketing of packages of a net weight of 5 kg or
less containing mixes of different types of fruit andvegetables shall be allowed, provided that:
(a) the products are of uniform quality and each product
concerned complies with the relevant specific market-ing standard or, where no specific marketing standardexists for a particular product, the general marketingstandard,
(b) the package is appropriately labelled, in accordance
with this Chapter, and
(c) the mix is not such as to mislead the consumer.2. The requirements of point (a) of paragraph 1 shall not
apply to products included in a mix which are not productsof the fruit and vegetables sector as defined in Article 1 ofRegulation (EC) No 1234/2007.
3. If the fruit and vegetables in a mix originate in more
than one Member State or third country, the full names ofthe countries of origin may be replaced with one of thefollowing, as appropriate:
(a) “mix of EC fruit and vegetables”,
(b) “mix of non-EC fruit and vegetables”,13.12.2008 EN Official Journal of the European Union L 336/5(c) “mix of EC and non-EC fruit and vegetables”.
(*) OJ L 109, 6.5.2000, p. 29.’
(5) Article 7 is replaced by the following:
‘Article 7
Scope
This Chapter lays down rules on conformity checks, which
shall mean the checks carried out on fruit and vegetables atall marketing stages in accordance with this Chapter, inorder to verify that they conform to the marketingstandards and other provisions of this Title and ofArticles 113 and 113a of Regulation (EC) No 1234/2007.’;
(6) Article 8(1) is amended as follows:
(a) Point (b) is replaced by the following:
‘(b) an inspection body or bodies responsible for the
application of Article 113a(4) of Regulation (EC)No 1234/2007, hereinafter called “the inspec-
tion bodies”.’;
(b) The following subparagraph is added:
‘The coordinating authorities and inspection bodies
referred to in the first subparagraph may be public orprivate. However the Member States shall be respon-
sible for them in either case.’;
(7) Article 9 is amended as follows:
(a) The second subparagraph of paragraph 1 is replaced
by the following subparagraphs:
‘Member States may use for this purpose any other
database or databases already established for otherpurposes.
“Trader” means any natural or legal person:
(a) holding fruit and vegetables subject to marketing
standards with a view to:
(i) displaying or offering them for sale,
(ii) selling them, or(iii) marketing them in any other manner, or
(b) who actually carries out any of the activities
referred to in points (i), (ii) and (iii) of point (a) asregards fruit and vegetables subject to marketingstandards.
The activities referred to in points (i), (ii) and (iii) of
point (a) of the third subparagraph shall cover:
(a) distance selling whether by internet or otherwise,
(b) such activities carried out by the natural or legal
person for itself or on behalf of a third party, and
(c) such activities carried out in the Community
and/or by export to third countries and/orimport from third countries.’;
(b) Point (b) of paragraph 2 is replaced by the following:
‘(b) natural or legal persons whose activities in the
fruit and vegetables sector are limited either tothe transport of goods, or to the sale at the retailstage.’;
(c) Paragraphs 3 and 4 are replaced by the following:
‘3. Where the database is composed of several
distinct elements, the coordinating authority shallensure that the database, its elements and theirupdating are uniform. The updating shall be done inparticular using the information collected duringconformity checks.
4. This database shall contain, for each trader, the
registration number, name, address, informationneeded for its classification in one of the riskcategories mentioned in Article 10(2), in particular,position in the marketing chain, information con-cerning the importance of the firm, informationconcerning findings made during previous checks ofeach trader, as well as any other informationconsidered necessary for checks such as informationconcerning the existence of a quality assurance systemor self-check system related to the conformity to themarketing standards. The updating shall be carried outin particular using the information collected duringconformity checks.’;L 336/6 EN Official Journal of the European Union 13.12.2008(8) Section 2 of Chapter II of Title II is replaced by the
following:
‘Section 2
Conformity checks carried out by
Member States
Article 10
Conformity checks
1. Member States shall ensure that conformity checks are
carried out selectively, based on a risk analysis, and withappropriate frequency, so as ensure appropriate compliancewith the marketing standards and other provisions of thisTitle and of Articles 113 and 113a of Regulation (EC)No 1234/2007.
The criteria to assess the risk shall include the existence of a
conformity certificate referred in Article 12a issued by acompetent authority of a third country whose checks onconformity have been approved according Article 13. Theexistence of such certificate shall be considered as a factorreducing the risk of non-conformity.
The criteria to assess the risk may also include:
(a) the nature of the product, the period of production,
the price of the product, the weather, the packing andhandling operations, the storage conditions, thecountry of origin, the means of transport or thevolume of the lot;
(b) the size of the traders, their position in the marketing
chain, the volume or value marketed by them, theirproduct range, the delivery area or the type ofbusiness carried out such as storage, sorting, packingor sale;
(c) findings made during previous checks including the
number and type of defects found, the usual quality ofproducts marketed, the level of technical equipmentused;
(d) the reliability of traders’ quality assurance systems or
self-checking systems related to the conformity tomarketing standards;
(e) the place where the check is carried out in particular if
it is the point of first entry into the Community, or theplace where the products are being packed or loaded;
(f) any other information that might indicate a risk of
non-compliance.2. The risk analysis shall be based on the information
contained in the traders' database referred to in Article 9and shall classify traders in risk categories.
Member States shall lay down in advance:(a) the criteria for assessing the risk of non-conformity of
lots;
(b) on the basis of a risk analysis for each risk category,
the minimum proportions of traders or lots and/orquantities which will be subject to a conformity check.
Member States may choose not to carry out selective checks
on products not subject to specific marketing standards,based on a risk analysis.
3. Where checks reveal significant irregularities, Member
States shall increase the frequency of checks in relation totraders, products, origins, or other parameters.
4. Traders shall provide inspection bodies with all the
information those bodies judge necessary for organisingand carrying out conformity checks.
Article 11
Approved traders
1. Member States may authorise traders classified in the
lowest risk category and providing special guarantees onconformity to marketing standards to use the specimen inAnnex II in the labelling of each package at the stage ofdispatch and/or to sign the conformity certificate asreferred in Article 12a.
2. The authorisation shall be granted for a period of at
least one year.
3. Traders benefiting from this possibility shall:(a) have inspection staff who have received training
approved by the Member States;
(b) have suitable equipment for preparing and packing
produce;
(c) commit themselves to carry out a conformity check
on the goods they dispatch and have a registerrecording all checks carried out.13.12.2008 EN Official Journal of the European Union L 336/74. Where an authorised trader no longer complies with
the requirements for authorisation the Member State shallwithdraw the authorisation.
5. Notwithstanding paragraph 1, authorised traders may
continue to use specimens which conformed to thisRegulation on 30 June 2009 until stocks are exhausted.
Authorisations granted to traders before 1 July 2009 shall
continue to apply for the period for which they weregranted.
Article 12
Acceptance of declarations by customs1. Customs may only accept export declarations and/or
declarations for the release for free circulation for theproducts subject to specific marketing standards if:
(a) the goods are accompanied by a conformity certifi-
cate, or
(b) the competent inspection body has informed the
customs authority that the lots concerned have beenissued a conformity certificate, or
(c) the competent inspection body has informed the
customs authority that it has not issued a conformitycertificate for the lots concerned because they do notneeded to be checked in the light of the riskassessment referred to in Article 10(1).
This shall be without prejudice to any conformity checks
the Member State may carry out pursuant to Article 10
2. Paragraph 1 shall also apply to products subject to the
general marketing standard set out in Annex I and productsreferred to in Article 3(1)(a) if the Member State concernedconsiders it necessary in the light of the risk analysisreferred to in Article 10(1).
‘Article 12a
Conformity certificates1. Certificates may be issued by a competent authority to
confirm that the products concerned conform to therelevant marketing standard. The certificate for use bycompetent authorities in the Community is set out inAnnex III.
The third countries referred to in Article 13(4) may use
instead their own certificate provided the Commissionconsiders that it contains at least equivalent information tothe Community certificate. The Commission shall makeavailable, by the means it considers appropriate, specimensof such third country certificates.2. These certificates may be issued either in paper format
with original signature or in verified electronic format withelectronic signature.
3. Each certificate shall be stamped by the competent
authority and signed by the person or persons empowered
to do so.
4. The certificate shall be issued in at least one of the
official languages of the Community.
5. Each certificate shall bear a serial number, by which it
can be identified, and a copy of each issued certificate willbe retained by the competent authority.
6. Notwithstanding the first subparagraph of paragraph 1,
Member States may continue to use conformity certificateswhich conformed to this Regulation on 30 June 2009 untilstocks are exhausted.’
(9) Article 13 is amended as follows:
(a) Paragraph 1 is replaced by the following:
‘1. At the request of a third country, the Commis-
sion may approve, in accordance with the procedurelaid down in Article 195(2) of Regulation (EC)No 1234/2007, checks on conformity to specificmarketing standards performed by this third countryprior to import into the Community.’
(b) Paragraph 4 is replaced by the following:
‘4. The list of countries whose checks on conformity
have been approved under this Article, and theproducts concerned, are set out in Annex IV.
The Commission shall make available, by the means it
considers appropriate, details of the official authoritiesand inspection bodies concerned.’
(10) Article 14 is deleted.
(11) Article 15 is replaced by the following:
‘Article 15
Suspension of approval
The Commission may suspend approval if it is found that,
in a significant number of lots and/or quantities, the goodsdo not correspond to the information in the certificates ofconformity issued by the third country inspection bodies.’L 336/8 EN Official Journal of the European Union 13.12.2008(12) Articles 16, 17 and 18 are deleted.
(13) Section 4 of Chapter II of Title II is deleted.(14) Article 20 is amended as follows:
(a) Paragraph 2 is replaced by the following:
‘2. Where inspectors find that the goods conform
with the marketing standards, the inspection bodymay issue a conformity certificate as set out inAnnex III.’
(b) The third subparagraph of paragraph 3 is replaced by
the following:
‘If an inspection body accepts a trader's wish to bring
the goods into conformity in a Member State otherthan that where the check leading to a finding of non-conformity has been carried out, the trader shallnotify the competent inspection body of the destina-tion Member State of the non-conforming lot. TheMember State issuing the finding of non-conformityshall send a copy of this finding to the other MemberStates concerned including the Member State ofdestination of the non-conforming lot.’
(c) Paragraph 4 of is deleted.
(15) The following Section is added to Chapter II of Title II:
‘Section 6
Communications
Article 20aCommunications
1. A Member State on whose territory a consignment
from another Member State is found not to conform withthe marketing standards because of defects or deteriorationwhich could have been detected at the time of packagingshall notify forthwith the Commission and the MemberStates likely to be concerned.
2. A Member State on whose territory a lot of goods from
a third country has been rejected from release into freecirculation because of non-compliance with the marketingstandards shall notify forthwith the Commission, theMember States likely to be concerned and the third country
concerned and listed in Annex IV.
3. Member States shall communicate to the Commission
the provisions of their inspection and risk analysis systems.They shall inform the Commission of any subsequentamendments to that systems.
4. The Member States shall communicate to the Commis-
sion and the Member States the summarised results of theinspections at all marketing stages in a given year by30 June of the following year.
5. Communications shall be made by the means specified
by the Commission.’
(16) Annex I is replaced by the text in Annex I to this
Regulation.
(17) Annex II is replaced by the text in Annex II to this
Regulation.
(18) Annex III is replaced by the text in Annex III to this
Regulation.
(19) The title of Part A and Parts B and C of Annex IV are
deleted.
(20) Annex V is deleted.(21) Annex VI is replaced by the text in Annex IV to this
Regulation.
Article 2
Repeals
Regulations (EEC) No 1292/81, (EEC) No 2213/83, (EEC)
No 1591/87, (EEC) No 1677/88, (EC) No 831/97, (EC)No 2288/97, (EC) No 963/98, (EC) No 730/1999, (EC)No 1168/1999, (EC) No 1455/1999, (EC) No 2377/1999,(EC) No 2561/1999, (EC) No 2789/1999, (EC) No 790/2000,(EC) No 851/2000, (EC) No 175/2001, (EC) No 912/2001, (EC)No 1508/2001, (EC) No 1543/2001, (EC) No 1615/2001, (EC)No 1799/2001, (EC) No 2396/2001, (EC) No 843/2002, (EC)No 1284/2002, (EC) No 1466/2003, (EC) No 1757/2003, (EC)No 85/2004, (EC) No 86/2004, (EC) No 214/2004, (EC)No 1673/2004, (EC) No 1861/2004, (EC) No 1862/2004, (EC)No 1863/2004 and (EC) No 634/2006 are repealed.13.12.2008 EN Official Journal of the European Union L 336/9Article 3
Entry into force
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of
the European Union.
It shall apply from 1 July 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 December 2008.
For the Commission
Mariann FISCHER BOEL
Member of the CommissionL 336/10 EN Official Journal of the European Union 13.12.2008ANNEX I
‘ANNEX I
MARKETING STANDARDS REFERRED TO IN ARTICLE 2a
PART A
General Marketing standard
1. Minimum quality requirements
Subject to the tolerances allowed, the products shall be:
— intact,
— sound; products affected by rotting or deterioration such as to make them unfit for consumption are excluded,
— clean, practically free of any visible foreign matter,
— practically free from pests,
— practically free from damage caused by pests affecting the flesh,
— free of abnormal external moisture,
— free of any foreign smell and/or taste.
The condition of the products must be such as to enable them:— to withstand transport and handling,
— to arrive in satisfactory condition at the place of destination.
2. Minimum maturity requirements
The products must be sufficiently developed and display satisfactory ripeness.
The development and state of maturity of the products must be such as to enable them to continue their ripening
process and to reach a satisfactory degree of ripeness.
3. Tolerance
A tolerance of 10 % by number or weight of product not satisfying the minimum quality requirements shall be
permitted in each lot. This tolerance shall not however cover product affected by rotting or any other deterioration
rendering it unfit for consumption.
4. Marking of origin of produce
Full name of the country of origin. For products originating in a Member State this shall be in the language of the
country of origin or any other language understandable by the consumers of the country of destination. For otherproducts, this shall be in any language understandable by the consumers of the country of destination.13.12.2008 EN Official Journal of the European Union L 336/11PART B
SPECIFIC MARKETING STANDARDS
PART 1: MARKETING STANDARD FOR APPLES
I. DEFINITION OF PRODUCE
This standard applies to apples of varieties (cultivars) grown from Malus domestica Borkh., to be supplied fresh to the
consumer, apples for industrial processing being excluded.
II. PROVISIONS CONCERNING QUALITY
The purpose of the standard is to define the quality requirements of apples, after preparation and packaging.
A. Minimum requirements
In all classes, subject to the special provisions for each class and the tolerances allowed, apples must be:
— intact,
— sound, produce affected by rotting or deterioration such as to make it unfit for consumption is excluded,
— clean, practically free of any visible foreign matter,
— practically free from pests,
— practically free from damage caused by pests,
— free of abnormal external moisture,
— free of any foreign smell and/or taste.
In addition, they must have been carefully picked.
The development and condition of the apples must be such as to enable them:
— to continue their maturing process and to reach the degree of maturity required in relation to the varietal
characteristics (1) (2),
— to withstand transport and handling, and
— to arrive in satisfactory condition at the place of destination.
B. Classification
Apples are classified in three classes defined below.
(i) “Extra” class
Apples in this class must be of superior quality. In shape, size and colouring, they must be characteristic of
the variety (3) and with the stalk which must be intact.
The flesh must be perfectly sound.
They must be free from defects with the exception of very slight superficial defects provided these do not
affect the general appearance of the produce, the quality, the keeping quality and presentation in the
package.L 336/12 EN Official Journal of the European Union 13.12.2008
(1) Due to varietal characteristics of the Fuji variety and its mutants concerning maturity at harvest, radial watercore is permitted provided it
is contained within the vascular bundles of each fruit.
(2) To that end, they must show satisfactory soluble solids content and degree of firmness.
(3) The criteria for colouring and russetting are given in the appendix to this standard, as well as a non-exhaustive list of the varieties
concerned by each criteria.(ii) Class I
Apples in this class must be of good quality. In shape, size and colouring, they must be characteristic of
the variety (1).
The flesh must be perfectly sound.The following slight defects, however, may be allowed provided these do not affect the general appearance
of the produce, the quality, the keeping quality and presentation in the package:
— a slight defect in shape,
— a slight defect in development,
— a slight defect in colouring,
— slight skin defects which must not extend over more than:
— 2 cm in length for defects of elongated shape,
— 1 cm
2of total surface area for other defects, with the exception of scab (Venturia inaequalis),
which must not extend over more than 0,25 cm2of total surface area,
— slight bruising not exceeding 1 cm2of total surface area and not discoloured.
The stalk may be missing, provided the break is clean and the adjacent skin is not damaged.
(iii) Class II
This class includes apples which do not qualify for inclusion in the higher classes but satisfy the minimum
requirements specified above (1).
The flesh must be free from major defects.The following defects are allowed provided the fruit retains its essential characteristics as regards the
quality, the keeping quality and presentation:
— defects in shape,
— defects in development,
— defects in colouring,
— skin defects which must not extend over more than:
— 4 cm in length for defects of elongated shape,
— 2,5 cm
2of total surface area for other defects, with the exception of scab (Venturia inaequalis),
which must not extend over more than 1 cm2of total surface area,
— slight bruising not exceeding 1,5 cm2of total surface area which may be slightly discoloured.
III. PROVISIONS CONCERNING SIZING
Size is determined either by the maximum diameter of the equatorial section or by weight.
For all varieties and for all classes the minimum size is 60 mm, if measured by diameter or 90 g, if measured by
weight. Fruit of smaller sizes may be accepted, if the Brix level of the produce is greater than or equal to 10,5oBrix and
the size is not smaller than 50 mm or 70 g.13.12.2008 EN Official Journal of the European Union L 336/13
(1) The criteria for colouring and russetting are given in the appendix to this standard, as well as a non-exhaustive list of the varieties
concerned by each criteria.To ensure there is uniformity of size within the package:
(a) for fruit sized according to the diameter, the difference in diameter between fruit in the same package shall be
limited to:
— 5 mm for “Extra” Class fruit and for Classes I and II fruit packed in rows and layers. However, for apples of
the varieties Bramley's Seedling (Bramley, Triomphe de Kiel) and Horneburger, the difference in diametermay amount to 10 mm, and
— 10 mm for Class I fruit packed loose in the package or sales packages. However, for apples of the varieties
Bramley's Seedling (Bramley, Triomphe de Kiel) and Horneburger, the difference in diameter may amount
to 20 mm, or
(b) for fruit sized according to weight, the difference in weight between fruit in the same package shall be limited to:
— 20 % of the average individual fruit weight in the package for “Extra” Class fruit and for Classes I and II
fruit packed in rows and layers, and
— 25 % of the average individual fruit weight in the package for Class I fruit packed loose in the package or
in consumer packages.
There is no sizing uniformity requirement for Class II fruit packed loose in the package or in consumer packages.
IV. PROVISIONS CONCERNING TOLERANCES
Tolerances in respect of quality and size shall be allowed in each package for produce not satisfying the requirements
of the class indicated.
A. Quality tolerances
(i) “Extra” class
5 % by number or weight of apples not satisfying the requirements of the class, but meeting those of
Class I or, exceptionally, coming within the tolerances of that class.
(ii) Class I
10 % by number or weight of apples not satisfying the requirements of the class, but meeting those of
Class II, or exceptionally, coming within the tolerances of that class.
(iii) Class II
10 % by number or weight of apples satisfying neither the requirements of the class nor the minimum
requirements, with the exception of produce affected by rotting or any other deterioration rendering itunfit for consumption.
Within this tolerance, a maximum of 2 % number or weight of fruit is allowed which shows the following
defects:
— serious attacks of cork (bitter pit) or water-core,
— slight damage or unhealed cracks,
— very slight traces of rot,
— presence of internal feeding pests and/or damage to the flesh caused by pests.L 336/14 EN Official Journal of the European Union 13.12.2008B. Size tolerances
For all classes:
For all classes: a total tolerance of 10 per cent, by number or weight, of fruit not satisfying the requirements as
regards sizing is allowed. This tolerance may not be extended to include produce with a size:
— 5 mm or more below the minimum diameter when size is determined by diameter,
— 10 g or more below the minimum weight when size is determined by weight.
V. PROVISIONS CONCERNING PRESENTATION
A. Uniformity
The contents of each package must be uniform and contain only apples of the same origin, variety, quality and
size (if sized) and the same degree of ripeness.
In the case of the “Extra” class, uniformity also applies to colouring.
Sales packages of a net weight not exceeding 5 kg may contain mixtures of apples of different varieties, provided
they are uniform in quality and, for each variety concerned, in origin, size (if sized) and degree of ripeness.
The visible part of the contents of the package must be representative of the entire contents.
B. Packaging
The apples must be packed in such a way as to protect the produce properly. In particular, sales packages of a net
weight exceeding 3 kg shall be sufficiently rigid to ensure proper protection of the produce.
The materials used inside the package must be new, clean and of a quality such as to avoid causing any external
or internal damage to the produce. The use of materials, particularly of paper or stamps bearing tradespecifications is allowed provided the printing or labelling has been done with non-toxic ink or glue.
Packages must be free of all foreign matter.
Stickers individually affixed on product shall be such as, when removed, neither to leave visible traces of glue,
nor to lead to skin defects.
C. Presentation
For“Extra” class, fruit must be packed in layers.
VI. PROVISIONS CONCERNING MARKING
Each package must bear the following particulars, in letters grouped on the same side, legibly and indelibly marked,
and visible from the outside.
A. Identification
The name and the address of the packer and/or the dispatcher
This mention may be replaced:— for all packages with the exception of pre-packages, by the officially issued or accepted code mark
representing the packer and/or the dispatcher, indicated in close connection with the reference “Packer
and/or Dispatcher” (or equivalent abbreviations);
— for pre-packages only, by the name and the address of a seller established within the Community indicated
in close connection with the mention “Packed for:” or an equivalent mention. In this case, the labelling
shall also include a code representing the packer and/or the dispatcher. The seller shall give all informationdeemed necessary by the inspection body as to the meaning of this code.13.12.2008 EN Official Journal of the European Union L 336/15B. Nature of produce
— “ Apples” if the contents are not visible from the outside
— Name of the variety or varieties where appropriate.
— In the case of sales packages containing a mixture of apples of different varieties, names of each of the
different varieties in the package.
C. Origin of produce
Country of origin and, optionally, district where grown, or national, regional or local place name
— In the case of sales packages containing a mixture of varieties of apples of different origins, the indication
of each country of origin shall appear next to the name of the variety concerned.
D. Commercial specifications
— Class
— Size or, for fruit packed in layers, number of units.
If identification is by the size, this should be expressed:(a) for produce subject to the uniformity rules, as minimum and maximum diameters or minimum and
maximum weight;
(b) for produce not subject to the uniformity rules, the diameter or the weight of the smallest fruit in the
package followed by “and over” or“+”or equivalent denomination or, where applicable, followed by the
diameter or weight of the largest fruit.
E. Official control mark (optional)
Packages need not to bear the particulars mentioned in the first subparagraph, when they contain sales packages,
clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indications
such as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in an
obvious position on at least two sides of the pallet.L 336/16 EN Official Journal of the European Union 13.12.2008Appendix
1. Colouring criteria, colouring groups and codes
Colouring groupA
(Red varieties)B
(Mixed red colouring
varieties)C
(Striped slightly coloured
varieties)D
(Other varieties)
Total surface area of red
colouring characteristic
of the varietyTotal surface area of
mixed red colouring
characteristic of the
varietyTotal surface area of slightly
red coloured, blushed or
striped characteristic of the
variety
Extra class 3/4 1/2 1/3 No requirement as to
red colouring
Class I 1/2 1/3 1/10
Class II 1/4 1/10 —
2. Russeting criteria
— Group R: Varieties for which russeting is a characteristic of the skin and is not a defect if it corresponds to the
typical appearance of the variety.
— For varieties not marked with an ‘R’in the list below, russeting is allowed within the following limits:
‘Extra’ class Class I Class II Tolerance for Class II
(i) Brown patches —not outside the
stem cavity—may go slightly
beyond the
stem or pistil
cavities—may go beyond
the stem or pis-
til cavities—fruit not seri-
ously detracting
from the appear-
ance and condi-
tion of the
package
—not rough —not rough —slightly rough
(ii) Russeting Maximum surface area of the fruit
permitted
—thin net-like russeting
(not contrasting
strongly with the gen-
eral colouring of the
fruit)—slight and iso-
lated traces of
russeting not
altering the
general appear-
ance of the fruitor of the pack-
age1/5 1/2 —fruit not seri-
ously detracting
from the appear-
ance and condi-
tion of the
package
—heavy —none 1/20 1/3 —fruit not seri-
ously detractingfrom the appear-
ance and condi-
tion of the
package
—cumulative defects
(with the exception ofthe brown patches
which are excluded
from these cumulative
defects). In no case
may thin russeting and
heavy russeting taken
together exceed a
maximum of:— 1/5 1/2 —fruit not seri-
ously detractingfrom the appear-
ance and condi-
tion of the
package13.12.2008 EN Official Journal of the European Union L 336/173. Non-exhaustive list of apple varieties classified according to their colouring and russeting criteria
Fruits of varieties that are not part of the list must be graded according to their varietal characteristics.
Varieties Synonyms Colour group Russeting
African Red B
Akane Tohoku 3 B
Alborz Seedling C
Aldas B
Alice BAlkmene Early Windsor C
Alwa B
Angold C
Apollo Beauty of Blackmoor C
Arkcharm Arkansas No 18, A 18 CArlet B R
Aroma C
Red coloured mutants of Aroma, for example
Aroma AmorosaB
Auksis B
Belfort Pella B
Belle de Boskoop and mutants D R
Belle fleur double D
Berlepsch Freiherr von Berlepsch C
Berlepsch rouge Red Berlepsch, Roter Ber-
lepschB
Blushed Golden
Bohemia B
Boskoop rouge Red Boskoop, Roter Bos-
koopB R
Braeburn B
Red coloured mutants of Braeburn, for example: A
HidalaJoburnLochbuie Red BraeburnMahana RedMariri Red
Redfield
Royal Braeburn
Bramley's Seedling Bramley, Triomphe de Kiel DBrettacher Sämling D
Calville (group of …) D
Cardinal BL 336/18 EN Official Journal of the European Union 13.12.2008Varieties Synonyms Colour group Russeting
Carola Kalco C
Caudle B
Charden D
Charles Ross D
Civni B
Coromandel Red Corodel ACortland B
Cox's orange pippin and mutants Cox Orange C R
Red coloured mutants of Cox's Orange Pippin
for example:B R
Cherry Cox
Crimson Bramley DCripps Pink C
Cripps Red C (
1)
Dalinbel B
Delblush D
Delcorf and mutants, for example:
DaliliMonidelC
Delgollune B
Delicious ordinaire Ordinary Delicious BDeljeni D
Delikates B
Delor C
Discovery C
Dunn's Seedling D R
Dykmanns Zoet C
Egremont Russet D RElan D
Elise Red Delight A
Ellison's orange Ellison C
Elstar and mutants, for example: C
Daliter
ElshofElstar ArmholdElstar Reinhardt
Red coloured mutants of Elstar, for example: B
Bel-ElDaliest
Goedhof
Red ElstarValstar13.12.2008 EN Official Journal of the European Union L 336/19Varieties Synonyms Colour group Russeting
Empire A
Falstaff C
Fiesta Red Pippin CFlorina BFortune D R
Fuji and mutants B
Gala CRed coloured mutants of Gala, for example: A
AnnagloBaigentGalaxyMitchglaObrogalaRegalaRegal PrinceTenroy
Garcia DGloster B
Goldbohemia D
Golden Delicious and mutants DGolden Russet D RGoldrush Coop 38 D
Goldstar D
Gradigold DGranny Smith DGravenstein rouge Red Gravenstein, Roter
GravensteinerB
Gravensteiner Gravenstein D
Greensleeves D
Holsteiner Cox and mutants Holstein D R
Holstein rouge Red Holstein, Roter Hol-
steiner CoxC R
Honeycrisp C
Honeygold D
Horneburger DHowgate Wonder Manga D
Idared B
Ingrid Marie B RIsbranica Izbranica CJacob Fisher D
Jacques Lebel DL 336/20 EN Official Journal of the European Union 13.12.2008Varieties Synonyms Colour group Russeting
Jamba C
James Grieve and mutants DJames Grieve rouge Red James Grieve B
Jarka C
Jerseymac BJester DJonagold (
2) and mutants, for example: C
Crowngold
DaligoDaliguy JonastyDalijean Jonamel
Jonagold 2000 Excel
JonabelJonabresKing Jonagold
New Jonagold Fukushima
Novajo VeulemannsSchneicaWilmuta
Jonagored and mutants, for example: A
DecostaJomured Van de PoelJonagold Boerekamp
Jomar
Jonagored SupraJonaveldPrimo
Romagold Surkijn
RubinstarRed JonaprinceJonalord C
Jonathan B
Julia BJupiter DKarmijn de Sonnaville C R
Katy Katja B
Kent D R13.12.2008 EN Official Journal of the European Union L 336/21Varieties Synonyms Colour group Russeting
Kidd's orange red C R
Kim BKoit C
Krameri Tuvioun B
Kukikovskoje BLady Williams BLane's Prince Albert D
Laxton's Superb Laxtons Superb C R
Ligol BLobo BLodel A
Lord Lambourne C
Maigold BMc Intosh BMeelis B
Melba B
Melodie BMelrose CMeridian C
Moonglo C
Morgenduft Imperatore BMountain Cove DMutsu D
Normanda C
Nueva Europa CNueva Orleans BOdin B
Ontario B
Orlovskoje Polosatoje COzark Gold DPaula Red B
Pero de Cirio D
Piglos BPikant BPikkolo C
Pilot C
Pimona CL 336/22 EN Official Journal of the European Union 13.12.2008Varieties Synonyms Colour group Russeting
Pinova C
Pirella B
Piros CRafzubex A
Rafzubin C
Rajka B
Rambour d'hiver D
Rambour Franc B
Reanda B
Rebella C
Red Delicious and mutants, for example: A
CampsurErovanEvasniFlatrarFortuna Delicious
Otago
Red KingRed SpurRed YorkRicharedRoyal RedSandidge
Shotwell Delicious
Stark DeliciousStarkingStarkrimsonStarkspurTopredTrumdor
Well Spur
Red Dougherty A
Red Rome A
Redkroft ARegal A
Regina B
Reglindis C
Reine des Reinettes Goldparmäne, Gold Par-
monéC
Reineta Encarnada B
Reinette Rouge du Canada B
Reinette d'Orléans D
Reinette Blanche du Canada Reinette du Canada, Canada
Blanc, Kanadarenette,
Renetta del CanadaD R13.12.2008 EN Official Journal of the European Union L 336/23Varieties Synonyms Colour group Russeting
Reinette de France D
Reinette de Landsberg DReinette grise du Canada Graue Kanadarenette D R
Relinda C
Remo BRenora BResi BResista DRetina BRewena BRoja de Benejama Verruga, Roja del Valle,
ClavelinaA
Rome Beauty Belle de Rome, Rome B
Rosana Berner Rosenapfel BRoyal Beaut ARubin CRubinola B
Sciearly A
Scifresh BSciglo ASciray GS48 AScired A RSciros ASelena BShampion B
Sidrunkollane Talioun D
Sinap Orlovskij Orlovski Sinap DSnygold Earlygold DSommerregent CSpartan ASplendour ASt. Edmunds Pippin D RStark's Earliest CŠtaris Staris A
Sturmer Pippin D R
Sügisdessert CSügisjoonik CL 336/24 EN Official Journal of the European Union 13.12.2008Varieties Synonyms Colour group Russeting
Summerred B
Sunrise A
Sunset D RSuntan D R
Sweet Caroline C
Talvenauding BTellisaare B
Tiina B
Topaz BTydeman's Early Worcester Tydeman's Early B
Veteran B
Vista Bella Bellavista BWealthy B
Worcester Pearmain B
York BZarja Alatau Zarya Alatau D
(1) At least 20 % red in Class I and Class II.
(2) However, for the variety Jonagold, at least one-tenth surface of the fruit in Class II must be streaked with red colouring.13.12.2008 EN Official Journal of the European Union L 336/25PART 2: MARKETING STANDARD FOR CITRUS FRUITS
I. DEFINITION OF PRODUCE
This standard applies to the following fruit, classified as “citrus fruit”, to be supplied fresh to the consumer, citrus fruit
for industrial processing being excluded:
— lemons of varieties (cultivars) grown from the species Citrus limon (L.) Burm. f.,
— mandarins of varieties (cultivars) grown from the species Citrus reticulata Blanco, including satsumas (Citrus
unshiu Marcow.), clementines (Citrus clementina Hort. ex Tan.), common mandarins (Citrus deliciosa Ten.) and
tangerines (Citrus tangerina Hort. ex Tan.) grown from these species and its hybrids, hereinafter called
“mandarins”,
— oranges of varieties (cultivars) grown from the species Citrus sinensis (L.) Osb.
II. PROVISIONS CONCERNING QUALITY
The purpose of the standard is to define the quality requirements of the citrus fruit after preparation and packaging.
A. Minimum requirements
In all classes, subject to the special provisions for each class and the tolerances allowed, the citrus fruit must be:
— intact,
— free of bruising and/or extensive healed over cuts,
— sound; produce affected by rotting or deterioration such as to make it unfit for consumption is excluded,
— clean practically free of any visible foreign matter,
— practically free from pests,
— practically free from damage caused by pests,
— free of signs of internal shrivelling,
— free of damage caused by low temperature or frost,
— free of all abnormal external moisture,
— free of any foreign smell and/or taste.
The citrus fruit must have been carefully picked and have reached an appropriate degree of development and
ripeness account being taken of criteria proper to the variety, the time of picking and the growing area.
The development and state of ripeness of the citrus fruit must be such as to enable them:
— to withstand transport and handling, and
— to arrive in satisfactory condition at the place of destination.
Citrus fruit meeting the ripeness requirements of this Annex may be “degreened”. This treatment is permitted
only if the other natural organoleptic characteristics are not modified.
B. Maturity requirements
Maturity of citrus fruit is defined by the following parameters specified for each specie below:
1. Minimum juice contentL 336/26 EN Official Journal of the European Union 13.12.20082. Colouring
The degree of colouring shall be such that, following normal development the citrus fruit reach the colour
typical of the variety at their destination point.
(i) Lemons
— Minimum juice content:
— Verdelli and Primofiore lemons: 20 %
— Other lemons: 25 %
— Colouring: must be typical of the variety. However fruits with a green (but not dark green) colour
are allowed provided they satisfy the minimum requirements as to juice content.
(ii) Mandarins
— Minimum juice content:
— Mandarins, excluding Clementines: 33 %
— Clementines: 40 %
— Colouring: must be typical of the variety on at least one third of the surface of the fruit.
(iii) Oranges
Colouring must be typical of the variety. Fruits with light green colour are allowed, provided it does not
exceed one fifth of the total surface of the fruit. Fruits must show the following minimum juice content:
— Blood oranges: 30 %
— Navels group: 33 %
— Other varieties: 35 %
However, oranges produced in areas with high air temperatures and high relative humidity conditions
during the developing period can be of a green colour exceeding one fifth of the total surface area,
provided they satisfy the following minimum juice content:
— Varieties Mosambi, Sathgudi and Pacitan: 33 %
— Other varieties: 45 %
C. Classification
Citrus fruit are classified in three classes defined below:
(i) “Extra” Class
Citrus fruit in this class must be of superior quality. In shape, external appearance, development and
colouring they must be characteristic of the variety and/or commercial type.
They must be free from defects with the exception of very slight superficial defects, provided these do not
affect the general appearance of the produce, the quality, the keeping quality and presentation in thepackage.13.12.2008 EN Official Journal of the European Union L 336/27(ii) Class I
Citrus fruit in this class must be of good quality. They must be characteristic of the variety and/or
commercial type.
The following slight defects, however, may be allowed provided these do not affect the general appearance
of the produce, the quality, the keeping quality and presentation in the package:
— slight defect in shape,
— slight defect in colouring,
— slight skin defects occurring during the formation of the fruit, such as silver scurfs, russets, etc.,
— slight healed defects due to a mechanical cause such as hail damage, rubbing, damage from
handling, etc.
(iii) Class II
This class includes citrus fruit which do not qualify for inclusion in the higher classes but satisfy the
minimum requirements specified above.
The following defects may be allowed, provided the citrus fruit retain their essential characteristics as
regards the quality, the keeping quality and presentation:
— defect in shape,
— defect in colouring,
— rough skin,
— skin defects occurring during the formation of the fruit, such as silver scurfs, russets, etc.,
— healed defects due to a mechanical cause such as hail damage, rubbing, damage from handling, etc.,
— superficial healed skin alterations,
— slight and partial detachment of the pericarp for oranges (which is allowed for mandarins).
III. PROVISIONS CONCERNING SIZING
Size is determined by the maximum diameter of the equatorial section of the fruit.
A. Minimum size
Fruits of less than the following minimum sizes are excluded:
Lemons: 45 mm
Mandarins, excluding clementines: 45 mm
Clementines: 35 mm
Oranges: 53 mmL 336/28 EN Official Journal of the European Union 13.12.2008B. Size scales
The scales of sizes are as follows:
Oranges Lemons Mandarins
Size codeDiameter
(mm)Size codeDiameter
(mm)Size codeDiameter
(mm)
0 92-110 0 79-90 1-XXX 78 and above
1 87-100 1 72-83 1-XX 67-78
2 84-96 2 68-78 1 or 1-X 63-74
3 81-92 3 63-72 2 58-69
4 77-88 4 58-67 3 54-64
5 73-84 5 53-62 4 50-60
6 70-80 6 48-57 5 46-56
7 67-76 7 45-52 6 (1) 43-52
8 64-73 7 41-48
9 62-70 8 39-46
10 60-68 9 37-4411 58-66 10 35-42
12 56-63
13 53-60
(1) Sizes below 45 mm refer only to clementines.
Citrus fruit may be packed by count. In this case, provided the size uniformity required in Title III, point C, is
retained, the size range in the package may fall outside a single size code, but within two adjacent codes.
C. Uniformity
Uniformity in size is achieved by the abovementioned size scales, unless otherwise stated as follows:
(i) for fruit arranged in regular layers, in packages or in unit consumer packages, the difference between the
smallest and the largest fruit in the same package, within a single size code or, in the case of citrus fruitpacked by count, within two adjacent codes, must not exceed the following maxima:
Size codesMaximum difference between fruit in the
same package
(in mm)
Lemons 0 to 7 7
Mandarins 1-XXX-4
5 to 67 to 109
87
Oranges 0 to 2
3 to 67 to 1311
9713.12.2008 EN Official Journal of the European Union L 336/29(ii) for fruit not arranged in regular layers, in packages or in rigid unit consumer packages, the difference
between the smallest and the largest fruit in the same package must not exceed the range of theappropriate size grade in the size scale, or, in the case of citrus fruit packed by count, the range in mm ofone of the two adjacent codes concerned;
(iii) for fruit in bulk bins and fruit in non-rigid (nets, bags, etc.) unit consumer packages, the maximum size
difference between the smallest and the largest fruit in the same lot or package must not exceed the rangeobtained by grouping three consecutive sizes in the size scale.
IV. PROVISIONS CONCERNING TOLERANCES
Tolerances in respect of quality and size shall be allowed in each package for produce not satisfying the requirements
of the class indicated.
A. Quality tolerances
(i) “Extra” Class
5 % by number or weight of citrus fruit not satisfying the requirements of the class, but meeting those of
Class I or, exceptionally, coming within the tolerances of that class.
(ii) Class I
10 % by number or weight of citrus fruit not satisfying the requirements of the class, but meeting those of
Class II, or exceptionally, coming within the tolerances of that class.
(iii) Class II
10 % by number or weight of citrus fruit satisfying neither the requirements of the class, nor the
minimum requirements, with the exception of produce affected by rotting or any other deteriorationrendering it unfit for consumption. Within this tolerance, a maximum of 5 % is allowed of fruit showingslight superficial unhealed damage, dry cuts or soft and shrivelled fruit.
B. Size tolerances
For all classes and types of presentation: 10 % by number or weight of citrus fruit corresponding to the size
immediately below and/or above that (or those, in the case of the combination of three sizes) mentioned on thepackages is allowed.
In any case, the tolerance of 10 % applies only to fruit not smaller than the following minima:
Lemons: 43 mm
Mandarins, excluding clementines: 43 mmClementines: 34 mm
Oranges: 50 mm
V. PROVISIONS CONCERNING PRESENTATION
A. Uniformity
The contents of each package must be uniform and contain only citrus fruit of the same origin, variety or
commercial type, quality, and size, and appreciably of the same degree of ripeness and development.
In addition, for the “Extra” Class, uniformity in colouring is required.
The visible part of the contents of the package must be representative of the entire contents.
B. Packaging
The citrus fruit must be packed in such a way as to protect the produce properly.L 336/30 EN Official Journal of the European Union 13.12.2008The materials used inside the package must be new, clean and of a quality such as to avoid causing any external
or internal damage to the produce. The use of materials, particularly of paper or stamps bearing tradespecifications is allowed provided the printing or labelling has been done with non-toxic ink or glue.
If the fruit are wrapped, thin, dry, new and odourless (
1) paper must be used.
The use of any substance tending to modify the natural characteristics of the citrus fruit, especially its taste or
smell (1), is prohibited.
Packages must be free of all foreign matter. However, a presentation where a short (not wooden) twig with some
green leaves adheres to the fruit is allowed.
Stickers individually affixed on product shall be such as, when removed, neither to leave visible traces of glue,
nor to lead to skin defects.
C. Presentation
The citrus fruit may be presented:
(a) arranged in regular layers in packages;(b) not arranged in regular layers in packages or in bulk bins. This presentation is only allowed for Classes I
and II;
(c) in individual packages for direct sale to the consumer of a weight less than 5 kg either
— made up by number of fruit, or
— made up by net weight of the package.
VI. PROVISIONS CONCERNING MARKING
Each package must bear the following particulars, in letters grouped on the same side, legibly and indelibly marked,
and visible from the outside.
A. Identification
The name and the address of the packer and/or the dispatcher
This mention may be replaced:— for all packages with the exception of pre-packages, by the officially issued or accepted code mark
representing the packer and/or the dispatcher, indicated in close connection with the reference “Packer
and/or Dispatcher” (or equivalent abbreviations);
— for pre-packages only, by the name and the address of a seller established within the Community indicated
in close connection with the mention “Packed for:” or an equivalent mention. In this case, the labelling
shall also include a code representing the packer and/or the dispatcher. The seller shall give all informationdeemed necessary by the inspection body as to the meaning of this code.
B. Nature of produce
— Name of the species if the produce is not visible from the outside, except for mandarins for which the
name of the specie or variety (where applicable) is compulsory,
— Name of the variety, for oranges,
— Name of the type:
— for lemons: the indication “Verdelli” and“Primofiore” where appropriate,13.12.2008 EN Official Journal of the European Union L 336/31
(1) The use of preserving agents or any other chemical substance liable to leave a foreign smell on the skin of the fruit is permitted where it is
compatible with the applicable Community provisions.— for clementines: the indication “Clementines, pipless”, “Clementines” (1 to 10 pips), “Clementines with
pips” (more than 10 pips) where appropriate.
C. Origin of produce
Country of origin and, optionally, district where grown, or national, regional or local place name.
D. Commercial specifications
— Class.
— Size code for fruit presented in accordance with the size scale or the upper and the lower limiting size
code in the case of three consecutive sizes of the size scale.
— Size code (or, when fruit packed by count fall under two adjacent codes, size codes or minimum and
maximum diameter) and number of fruit, in the case of fruit arranged in layers in the package.
— When used, mention of the preserving agent or other chemical substances used at post-harvest stage.
E. Official control mark (optional)
Packages need not to bear the particulars mentioned in the first subparagraph, when they contain sales packages,
clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indications
such as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in an
obvious position on at least two sides of the pallet.L 336/32 EN Official Journal of the European Union 13.12.2008PART 3: MARKETING STANDARD FOR KIWIFRUITS
I. DEFINITION OF PRODUCE
This standard applies to kiwifruit of varieties (cultivars) grown from Actinidia chinensis (Planch.) and Actinidia deliciosa
(A. Chev., C.F. Liang and A.R. Ferguson) to be supplied fresh to the consumer, kiwifruit for industrial processing beingexcluded.
II. PROVISIONS CONCERNING QUALITY
The purpose of the standard is to define the quality requirements of kiwifruit, after preparation and packaging.
A. Minimum quality requirements
In all classes, subject to the special provisions for each class and the tolerances allowed, the kiwifruit must be:
— intact (but free of peduncle),
— sound; produce affected by rotting or deterioration such as to make it unfit for consumption is excluded,
— clean, practically free of any visible foreign matter,
— practically free from pests,
— practically free from damage caused by pests,
— adequately firm; not soft, shrivelled or water-soaked,
— well formed, double/multiple fruit being excluded,
— free of abnormal external moisture,
— free of any foreign smell and/or taste.
The development and condition of the kiwifruit must be such as to enable them:— to withstand transport and handling, and
— to arrive in satisfactory condition at the place of destination.
B. Minimum maturity requirements
The kiwifruit must be sufficiently developed and display satisfactory ripeness. In order to satisfy this
requirement, the fruit must have attained a degree of ripeness:
— at packing stage within the region of production and the subsequent delivery by the packer, as well as at
import and export stage, of at least 6,2
oBrix or an average dry matter content of 15 %,
— at all other marketing stages, of at least 9,5oBrix.
C. Classification
Kiwifruit are classified in three classes defined below.
(i) Extra Class
Kiwifruit in this class must be of superior quality. They must be well-developed and have all the
characteristics and the colouring typical of the variety.
They must be free from defects with the exception of very slight superficial defects, provided these do not
affect the general appearance of the produce, the quality, the keeping quality and presentation in thepackage.13.12.2008 EN Official Journal of the European Union L 336/33The ratio of the minimum/maximum diameter of the fruit measured at the equatorial section must be
0,8 or greater.
(ii) Class I
Kiwifruit in this class must be of good quality. They must be characteristic of the variety.
They must be firm and the flesh must be perfectly sound.The following slight defects, however, may be allowed provided these do not affect the general appearance
of the produce, the quality, the keeping quality and presentation in the package:
— a slight defect in shape (but free of swelling or malformations),
— a slight defect in colouring,
— superficial skin defects, provided the total area affected does not exceed 1 cm
2,
— small “Hayward mark” like longitudinal lines without protuberance.
The ratio of the minimum/maximum diameter of the fruit measured at the equatorial section must be
0,7 or greater.
(iii) Class II
This class includes kiwifruit which do not qualify for inclusion in the higher classes, but satisfy the
minimum requirements specified above.
The fruit must be reasonably firm and the flesh should not show any serious defects.The following defects may be allowed provided the kiwifruit retain their essential characteristics as regards
the quality, the keeping quality, and presentation:
— defects in shape,
— defects in colouring,
— skin defects such as small healed cuts or scarred/grazed tissue, provided that the total area affected
does not exceed 2 cm
2,
— several more pronounced “Hayward marks” with a slight protuberance,
— slight bruising.
III. PROVISIONS CONCERNING SIZING
Size is determined by the weight of the fruit.
The minimum weight for “Extra” Class is 90 g, for Class I is 70 g and for Class II is 65 g.
The difference in weight between the largest and the smallest fruit in each package must not exceed:
— 10 g for fruit weighing up to 85 g,
— 15 g for fruit weighing between 85 g and 120 g,
— 20 g for fruit weighing between 120 g and 150 g,
— 40 g for fruit weighing 150 g or more.L 336/34 EN Official Journal of the European Union 13.12.2008IV. PROVISIONS CONCERNING TOLERANCES
Tolerances in respect of quality and size shall be allowed in each package for produce not satisfying the requirements
of the class indicated.
A. Quality tolerances
(i) Extra Class
5 % by number or weight of kiwifruit not satisfying the requirements of the class, but meeting those of
Class I or, exceptionally, coming within the tolerances of that class.
(ii) Class I
10 % by number or weight of kiwifruit not satisfying the requirements of the class, but meeting those of
Class II or, exceptionally, coming within the tolerances of that class.
(iii) Class II
10 % by number or weight of kiwifruit satisfying neither the requirements of the class nor the minimum
requirements, with the exception of produce affected by rotting, severe bruising or any other deterioration
rendering it unfit for consumption.
B. Size tolerances
For all classes: 10 % by number or weight of kiwifruit not satisfying the requirements as regards the minimum
weight and/or the size range specified.
However, the fruit must be of a size immediately below or above the size indicated or, in the case of the smallest
size, they must not weigh less than 85 g in “Extra” Class, 67 g in Class I and 62 g in Class II.
V. PROVISIONS CONCERNING PRESENTATION
A. Uniformity
The contents of each package must be uniform and contain only kiwifruit of the same origin, variety, quality
and size.
The visible part of the contents of the package must be representative of the entire contents.
B. Packaging
The kiwifruit must be packed in such a way as to protect the produce properly.
The materials used inside the package must be new, clean and of a quality such as to avoid causing any external
or internal damage to the produce. The use of materials, particularly of paper or stamps, bearing trade
specifications is allowed provided the printing or labelling has been done with non —toxic ink or glue.
Stickers individually affixed on product shall be such as, when removed, neither to leave visible traces of glue,
nor to lead to skin defects.
Packages must be free of all foreign matter.
C. Presentation
In“Extra” Class, the fruit must be presented separately from one another, and be regularly arranged on one layer.
VI. PROVISIONS CONCERNING MARKING
Each package must bear the following particulars, in letters grouped on the same side, legibly and indelibly marked,
and visible from the outside:13.12.2008 EN Official Journal of the European Union L 336/35A. Identification
The name and the address of the packer and/or the dispatcher.
This mention may be replaced:— for all packages with the exception of pre —packages, by the officially issued or accepted code mark
representing the packer and/or the dispatcher, indicated in close connection with the reference “Packer
and/or Dispatcher” (or equivalent abbreviations);
— for pre —packages only, by the name and the address of a seller established within the Community
indicated in close connection with the mention “Packed for:” or an equivalent mention. In this case, the
labelling shall also include a code representing the packer and/or the dispatcher. The seller shall give allinformation deemed necessary by the inspection body as to the meaning of this code.
B. Nature of produce
— “Kiwifruit”, “Actinidia” or equivalent denomination, if the contents are not visible from the outside,
— name of the variety (optional).
C. Origin of produce
Country of origin and, optionally, district where grown, or national, regional or local place name.
D. Commercial specifications
— Class,
— size expressed by the minimum and maximum weight of the fruit,
— number of fruit (optional).
E. Official control mark (optional)
Packages need not bear the particulars mentioned in the first subparagraph, when they contain sales packages, clearly
visible from the outside, and all bearing these particulars. These packages shall be free from any indications such as
could mislead. When these packages are palletised, the particulars shall be given on a notice placed in an obviousposition on at least two sides of the pallet.L 336/36 EN Official Journal of the European Union 13.12.2008PART 4: MARKETING STANDARD FOR LETTUCES, CURLED-LEAVED ENDIVES AND BROAD-LEAVED (BATA-
VIAN) ENDIVES
I. DEFINITION OF PRODUCE
This standard applies to:
— lettuces of varieties (cultivars) grown from:
— Lactuca sativa L. var.capitata L. (head (cabbage) lettuces including crisphead and “Iceberg” type lettuces).
— Lactuca sativa L. var.longifolia Lam. (Cos or Romaine lettuces),
— Lactuca sativa L. var.crispa L. (leaf lettuces) and
— crosses of these varieties,
— curled-leaved endives of varieties (cultivars) grown from Cichorium endivia L. var. crispum Lam.,
— broad-leaved (Batavian) endives (escaroles) of varieties (cultivars) grown from Cichorium endivia L. var. latifolium
Lam.,
to be supplied fresh to the consumer.
This standard does not apply to produce for industrial processing, produce presented as individual leaves or lettuces in
pots.
II. PROVISIONS CONCERNING QUALITY
The purpose of the standard is to define the quality requirements for products after preparation and packaging.
A. Minimum requirements
In all classes, subject to the special provisions for each class and the tolerances allowed, the produce must be:
— intact,
— sound; produce affected by rotting or deterioration such as to make it unfit for consumption is excluded,
— clean and trimmed, i.e. practically free from all earth or other growing medium and practically free of any
visible foreign matter,
— fresh in appearance,
— turgescent,
— practically free from pests,
— practically free from damage caused by pests,
— not running to seed,
— free of abnormal external moisture,
— free of any foreign smell and/or taste.
In the case of lettuce, a reddish discolouration, caused by low temperature during growth, is allowed, unless it
seriously affects the appearance of the produce.
The roots must be cut close to the base of the outer leaves and the cut must be neat.The produce must be of normal development.13.12.2008 EN Official Journal of the European Union L 336/37The development and condition of the produce must be such as to enable it:
— to withstand transport and handling, and
— to arrive in a satisfactory condition at the place of destination.
B. Classification
Products are classified in two classes defined below:
(i) Class I
Produce in this class must be of good quality. It must be characteristic of the variety or commercial type,
especially the colour.
The produce must also be:
— well formed,
— firm, taking into account the cultivation methods and the type of produce,
— free from damage or deterioration impairing edibility,
— free from frost damage.
Head lettuces must have a single well-formed heart. However, in the case of head lettuces grown under
protection, the heart may be small.
Cos lettuces must have a heart, which may be small.
The centre of curled-leaved endives and broad-leaved (Batavian) endives must be yellow in colour.
(ii) Class II
This class includes produce which does not qualify for inclusion in Class I, but satisfies the minimum
requirements specified above.
The produce must be:— reasonably well formed,
— free from damage and deterioration which may seriously impair edibility.
The following defects may be allowed provided the produce retain their essential characteristics as regards
the quality, the keeping quality and presentation:
— slight defects in colouring,
— slight damage caused by pests.
Head lettuces must have a heart, which may be small. However, in the case of head lettuces grown under
protection, absence of heart is permissible.
Cos lettuces may show no heart.
III. PROVISIONS CONCERNING SIZING
Size is determined by the weight of one unit.L 336/38 EN Official Journal of the European Union 13.12.2008A. Minimum weight
The minimum weight for Classes I and II is:
Open-grownGrown under
protection
Head lettuces (excluding crisphead and “Iceberg” type lettuces)
and Cos or Romaine lettuces (excluding “Little gem” type lettuces)150 g 100 g
Crisphead and “Iceberg” type lettuces 300 g 200 g
Leaf lettuces and “Little gem” type lettuces 100 g 100 g
Curled-leaved endives and broad-leaved (Batavian) endives 200 g 150 g
B. Uniformity
(a) Lettuces
In all classes, the difference between the lightest and heaviest units in each package must not exceed:— 40 g when the lightest units weighs less than 150 g per unit,
— 100 g when the lightest unit weighs between 150 g and 300 g per unit,
— 150 g when the lightest unit weighs between 300 g and 450 g per unit,
— 300 g when the lightest unit weighs more than 450 g per unit.
(b) Curled-leaved and broad-leaved (Batavian) endives
In all classes, the difference between the lightest and heaviest units in each package must not exceed 300 g.
IV. PROVISIONS CONCERNING TOLERANCES
Tolerances in respect of quality and size shall be allowed in each package for produce not satisfying the requirements
of the class indicated.
A. Quality tolerances
(i) Class I
10 % by number of units not satisfying the requirements of the class but meeting those of Class II or,
exceptionally, coming within the tolerances of that class.
(ii) Class II
10 % by number of units satisfying neither the requirements of the class nor the minimum requirements,
with the exception of produce affected by rotting or any other deterioration rendering it unfit forconsumption.
B. Size tolerances
In all classes, 10 % by number of units not satisfying the requirements as regards sizing, but weighing no more
than 10 % over or under the size in question.
V. PROVISIONS CONCERNING PRESENTATION
A. Unformity
The contents of each package must be uniform and contain only produce of the same origin, variety or
commercial type, quality and size.13.12.2008 EN Official Journal of the European Union L 336/39However, a mixture of the various types of produce described in this standard may be packed together, provided
they are uniform in quality and, for each type concerned, in size. In addition, the types should be clearlydistinguishable from one another and the proportion of each type in the package should be visible withoutdamaging the package.
The visible part of the contents of the package must be representative of the entire contents.
B. Packaging
The produce must be packaged in such a way as to protect it properly.
The materials used inside the package must be new, clean and of a quality such as to avoid causing any external
or internal damage to the produce. The use of materials, particularly paper or stamps bearing tradespecifications is allowed provided the printing or labelling has been done with non-toxic ink or glue.
Packages must be free of all foreign matter.Stickers individually affixed on product shall be such as, when removed, neither to leave visible traces of glue,
nor to lead to skin defects.
C. Presentation
Produce presented in more than one layer may be packed base-to-heart provided the layers or heads are suitably
protected or separated.
VI. PROVISIONS CONCERNING MARKING
Each package must bear the following particulars in letters grouped on the same side, legibly and indelibly marked and
visible from the outside.
A. Identification
The name and the address of the packer and/or the dispatcher
This mention may be replaced:— for all packages with the exception of pre-packages, by the officially issued or accepted code mark
representing the packer and/or the dispatcher, indicated in close connection with the reference “Packer
and/or Dispatcher” (or equivalent abbreviations);
— for pre-packages only, by the name and the address of a seller established within the Community indicated
in close connection with the mention “Packed for:” or an equivalent mention. In this case, the labelling
shall also include a code representing the packer and/or the dispatcher. The seller shall give all information
deemed necessary by the inspection body as to the meaning of this code.
B. Nature of produce
— “Lettuces”, “Butterhead lettuces”, “Batavia”, “Crisphead lettuces (Iceberg)”, “Cos lettuces”, “Leaf lettuce” (or,
for example and if appropriate, “Oak leaf”, “Lollo bionda”, “Lollo rossa”, “Curled-leaved endives” or“Broad-
leaved (Batavian) endives” or other synonyms if the contents are not visible from the outside
— “Little gem” where appropriate or other synonyms
— An indication “grown under protection”, or other appropriate indication, where appropriate
— Name of the variety (optional)
— Where different types of produce are mixed together:
— the indication “Mixed salads”, or,
— the indication of each type of produce, and, where the contents are not visible from the outside, the
indication of the number of pieces of each type.L 336/40 EN Official Journal of the European Union 13.12.2008C. Origin of produce
Country of origin and, optionally, district where grown, or national, regional or local place name.
D. Commercial specifications
— Class
— Size, expressed by the minimum weight per unit or the number of units
— Net weight (optional),
E. Official control mark (optional)
Packages need not to bear the particulars mentioned in the first subparagraph, when they contain sales packages,
clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indications
such as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in anobvious position on at least two sides of the pallet.13.12.2008 EN Official Journal of the European Union L 336/41PART 5: MARKETING STANDARD FOR PEACHES AND NECTARINES
I. DEFINITION OF PRODUCE
This standard applies to peaches and nectarines (1) grown from varieties (cultivars) of Prunus persica Sieb. and Zucc., to
be supplied fresh to the consumer, peaches and nectarines for industrial processing being excluded.
II. PROVISIONS CONCERNING QUALITY
The purpose of the standard is to define the quality requirements for peaches and nectarines after preparation and
packaging.
A. Minimum quality requirements
In all classes, subject to the special provisions for each class and the tolerances allowed, peaches and nectarines
must be:
— intact,
— sound; produce affected by rotting or deterioration such as to make it unfit for consumption is excluded,
— clean, practically free of any visible foreign matter,
— practically free from pests,
— practically free from damage caused by pests,
— free of abnormal external moisture,
— free of any foreign smell and/or taste.
Peaches and nectarines must have been carefully picked.
The development and state of peaches and nectarines must be such as to enable them:— to withstand transport and handling, and
— to arrive in satisfactory condition at the place of destination.
B. Minimum maturity requirements
The peaches and nectarines must be sufficiently developed and display satisfactory ripeness.
The development and state of maturity of the peaches and nectarines must be such as to enable them to
continue their ripening process and to reach a satisfactory degree of ripeness. In order to satisfy this requirementthe refractometrix index of the flesh, measured at the middle point of the fruit pulp at the equatorial sectionmust be greater than or equal to 8
oBrix and the firmness must be lower than 6,5 kg measured with a plunger of
8 mm diameter (0,5 cm2at two points of the equatorial section of the fruit.
C. Classification
Peaches and nectarines are classified into three classes as defined below:
(i) “Extra” class
Peaches and nectarines in this class must be of a superior quality. In shape, development and colouring
they must be typical of the variety allowing for the district in which they are grown. They must be free
from defects with the exception of very slight superficial defects, provided that these do not affect the
general appearance of the produce, its quality, keeping quality and presentation in the package.L 336/42 EN Official Journal of the European Union 13.12.2008
(1) This text applies to all varieties grown from Prunus persica Sieb. and Zucc., being peaches or nectarines or similar with attached
(clingstones) or unattached stone and smooth or rough skin.(ii) Class I
Peaches and nectarines in this class must be of good quality. They must be characteristic of the variety,
allowing for the district in which they are grown. However, a slight defect in shape, development orcolouring may be allowed.
The flesh must be perfectly sound.
Peaches and nectarines split where the stem is joined to the fruit are excluded.
Slight skin defects, however, may be allowed provided these do not affect the general appearance of the
produce, the quality, the keeping quality and presentation in the package and do not exceed:
— 1 cm in length for defects of elongated shape,
— 0,5 cm
2in total area for other defects.
(iii) Class II
This class includes peaches and nectarines which do not qualify for inclusion in the higher classes, but
which satisfy the minimum requirements specified above.
The flesh should not show any serious defects. Fruits split where the stem is joined to the fruit are allowed
only in connection with quality tolerances.
The following skin defects may be allowed provided the peaches and nectarines retain their essential
characteristics as regards the quality, the keeping quality and presentation and do not exceed:
— 2 cm in length for defects of elongated shape,
— 1,5 cm2in total area for other defects.
III. PROVISIONS CONCERNING SIZING
Size is determined by:
— circumference, or
— maximum diameter of the equatorial section.
Peaches and nectarines must be graded according to the following scale:
DiameterSizing
(code)Circumference
90 mm and above AAAA 28 cm and above
80 mm and over but under 90 mm AAA 25 cm and over but under 28 cm
73 mm and over but under 80 mm AA 23 cm and over but under 25 cm67 mm and over but under 73 mm A 21 cm and over but under 23 cm
61 mm and over but under 67 mm B 19 cm and over but under 21 cm
56 mm and over but under 61 mm C 17,5 cm and over but under 19 cm51 mm and over but under 56 mm D 16 cm and over but under 17,5 cm
The minimum size allowed for the “Extra” class is 17,5 cm (circumference) or 56 mm (diameter).
Size D (51 mm and over but under 56 mm in diameter or 16 cm and over but under 17,5 cm in circumference) is not
allowed in the period from 1 July to 31 October.13.12.2008 EN Official Journal of the European Union L 336/43Sizing is compulsory for all classes.
IV. PROVISIONS CONCERNING TOLERANCES
Tolerances in respect of quality and size shall be allowed in each package for produce not satisfying the requirements
for the class indicated.
A. Quality tolerances
(i) “Extra” class
5 % by number or weight of peaches or nectarines not satisfying the requirements of the class, but
meeting those of class I or, exceptionally, coming within the tolerances of that class.
(ii) Class I
10 % by number or weight of peaches or nectarines not satisfying the requirements of the class, but
meeting those of class II or, exceptionally, coming within the tolerances for that class.
(iii) Class II
10 % by number or weight of peaches or nectarines satisfying neither the requirements of the class nor
the minimum requirements, with the exception of fruit affected by rotting, marked bruising or any otherdeterioration rendering it unfit for consumption.
B. Size tolerances
For all classes, 10 % by number or weight of peaches or nectarines up to 1 cm more or less than the size stated
on the package in the case of sizing by circumference and up to 3 mm more or less in the case of sizing bydiameter. However, for fruit in the smallest size, this tolerance shall apply only to peaches or nectarines of a sizesmaller by not more than 6 mm (circumference) or 2 mm (diameter) than the specified minimum size.
V. PROVISIONS CONCERNING PRESENTATION
A. Uniformity
The contents of each package must be uniform and contain only peaches or nectarines of the same origin,
variety, quality, degree of ripeness and size, and for the “Extra” class, the contents must also be uniform in
colour.
The visible part of the contents of each package must be representative of the entire contents.
B. Packaging
The peaches or nectarines must be packed in such a way as to protect the produce properly.
The materials used inside the package must be new, clean and of a quality such as to avoid causing any external
or internal damage to the produce. The use of materials, particularly of paper or stamps bearing tradespecifications is allowed provided the printing or labelling has been done with non-toxic ink or glue.
Stickers individually affixed on product shall be such as, when removed, neither to leave visible traces of glue,
nor to lead to skin defects
Packages must be free of all foreign matter.
C. Presentation
The peaches and nectarines may be presented:
— in small unit packages,
— in a single layer, in the case of “Extra” class; each individual fruit in this class must be separated from its
neighbours.L 336/44 EN Official Journal of the European Union 13.12.2008In classes I and II:
— in one or two layers, or
— in no more than four layers when the fruit is placed in rigid pockets so arranged that they do not rest on
the fruit in the layer immediately below.
VI. PROVISIONS CONCERNING MARKING
Each package must bear the following particulars in letters grouped on the same side, legibly and indelibly marked and
visible from the outside:
A. Identification
The name and the address of the packer and/or the dispatcher
This mention may be replaced:— for all packages with the exception of pre-packages, by the officially issued or accepted code mark
representing the packer and/or the dispatcher, indicated in close connection with the reference “Packer
and/or dispatcher” (or equivalent abbreviations);
— for pre-packages only, by the name and the address of a seller established within the Community indicated
in close connection with the mention “Packed for:” or an equivalent mention. In this case, the labelling
shall also include a code representing the packer and/or the dispatcher. The seller shall give all informationdeemed necessary by the inspection body as to the meaning of this code.
B. Nature of produce
— “Peaches” or“nectarines”, if the contents are not visible from the outside,
— colour of the flesh,
— name of the variety (optional).
C. Origin of produce
Country of origin and, optionally, district where grown, or national, regional or local place name.
D. Commercial specifications
— class,
— size expressed in minimum and maximum diameters or minimum and maximum circumference or
according to the coding set out in Section III “Provisions concerning sizing”,
— number of units (optional),
— minimum sugar content, measured by refractometer and expressed in Brix degrees (optional),
— maximum firmness, measured by penetrometer and expressed in kg/0,5 cm
2(optional),
E. Official control mark (optional)
Packages need not to bear the particulars mentioned in the first subparagraph, when they contain sales packages,
clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indicationssuch as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in anobvious position on at least two sides of the pallet.13.12.2008 EN Official Journal of the European Union L 336/45PART 6: MARKETING STANDARD FOR PEARS
I. DEFINITION OF PRODUCE
This standard applies to pears of varieties (cultivars) grown from Pyrus communis L. to be supplied fresh to the
consumer, pears for industrial processing being excluded.
II. PROVISIONS CONCERNING QUALITY
The purpose of the standard is to define the quality requirements of pears, after preparation and packaging.
A. Minimum requirements
In all classes, subject to the special provisions for each class and the tolerances allowed, pears must be:
— intact,
— sound; produce affected by rotting or deterioration such as to make it unfit for consumption is excluded,
— clean, practically free of any visible foreign matter,
— practically free from pests,
— practically free from damage caused by pests,
— free of abnormal external moisture,
— free of any foreign smell and/or taste.
In addition, they must have been carefully picked.
The development and condition of the pears must be such as to enable them:
— to continue their ripening process and to reach the degree of ripeness required in relation to the varietal
characteristics,
— to withstand transport and handling and
— to arrive in satisfactory condition at the place of destination.
B. Classification
Pears are classified in three classes defined below.
(i) “Extra” Class
Pears in this class must be of superior quality. In shape, size and colouring, they must be characteristic of
the variety and the stalk must be present and intact.
The flesh must be perfectly sound, and the skin free from rough russeting (1).
They must be free from defects with the exception of very slight superficial defects provided these do not
affect the general appearance of the fruit, the quality, the keeping quality and presentation in the package.
Pears must not be gritty.
(ii) Class I
Pears in this class must be of good quality. In shape, size and colouring, they must be characteristic of the
variety.L 336/46 EN Official Journal of the European Union 13.12.2008
(1) This does not apply when this russeting is a characteristic of the variety.The flesh must be perfectly sound, and the skin free from rough russeting (1).
The following slight defects, however, may be allowed provided these do not affect the general appearance
of the produce, the quality, the keeping quality and presentation in the package:
— a slight defect in shape,
— a slight defect in development,
— a slight defect in colouring,
— slight skin defects which must not extend over more than:
— 2 cm in length for defects of elongated shape,
— 1 cm2of total surface area for other defects, with the exception of scab (Venturia pirina and
V. inaequalis), which must not extend over more than 0,25 cm2of total surface area,
— slight bruising not exceeding 1 cm2of total surface area and not discoloured.
The stalk may be slightly damaged.
Pears must not be gritty.
(iii) Class II
This class includes pears which do not qualify for inclusion in the higher classes but satisfy the minimum
requirements specified above.
The flesh must be free from major defects.
The following defects are allowed provided the fruit retains its essential characteristics as regards the
quality, the keeping quality and presentation:
— defects in shape,
— defects in development,
— defects in colouring,
— slight rough russeting (1), skin defects which must not extend over more than:
— 4 cm in length for defects of elongated shape,
— 2,5 cm2of total surface area for other defects, with the exception of scab (Venturia pirina and
V. inaequalis), which must not extend over more than 1 cm2of total surface area,
— slight bruising not exceeding 1 cm2of total surface area which may be slightly discoloured.
III. PROVISIONS CONCERNING SIZING
Size is determined by maximum diameter of the equatorial section.
A minimum size is required for each class as follows:
“Extra” Class I Class II
Large fruited varieties (1) 60 mm 55 mm 55 mm
Other varieties 55 mm 50 mm 45 mm
(1) A non-exhaustive list of large fruited and summer pear varieties is included in the Appendix to this standard13.12.2008 EN Official Journal of the European Union L 336/47
(1) This does not apply when this russeting is a characteristic of the variety.Exceptionally, and for summer pears included in the Appendix to this standard, no minimum size will be laid down
for consignments harvested and dispatched between 10 June and 31 July (inclusive) of any year.
To ensure there is uniformity of size within a package, the difference in diameter between fruit in the same package
shall be limited to:
— 5 mm for Extra Class fruit and for Class I and II fruit packed in rows and layers,
— 10 mm for Class I fruit packed loose in the package or in sales packages.
There is no sizing uniformity limit for Class II fruit packed loose in the package or in sales packages.
IV. PROVISIONS CONCERNING TOLERANCES
Tolerances in respect of quality and size shall be allowed in each package for produce not satisfying the requirements
of the class indicated.
A. Quality tolerances
(i) “Extra” Class
5 per cent by number or weight of pears not satisfying the requirements of the class, but meeting those of
Class I or, exceptionally, coming within the tolerances of that class.
(ii) Class I
10 per cent by number or weight of pears not satisfying the requirements of the class, but meeting those
of Class II, or exceptionally, coming within the tolerances of that class. However, pears without stalks are
not included in this tolerance.
(iii) Class II
10 per cent by number or weight of pears satisfying neither the requirements of the class nor the
minimum requirements, with the exception of produce affected by rotting or any other deterioration
rendering it unfit for consumption.
Within this tolerance, a maximum of 2 per cent by number or weight of fruit is allowed which shows the
following defects:
— slight damage or unhealed cracks,
— very slight traces of rot,
— presence of internal feeding pests and/or damage to the flesh caused by pests.
B. Size tolerances
For all classes:
10 per cent by number or weight of fruit corresponding to the size immediately above or below that marked on
the package, with, for fruit classified in the smallest grade allowed a maximum variation of 5 mm below theminimum.
V. PROVISIONS CONCERNING PRESENTATION
A. Uniformity
The contents of each package must be uniform and contain only pears of the same origin, variety, quality and
size (if sized) and the same degree of ripeness.
In the case of the “Extra” Class, uniformity also applies to colouring.
The visible part of the contents of the package must be representative of the entire contents.L 336/48 EN Official Journal of the European Union 13.12.2008B. Packaging
The pears must be packed in such a way as to protect the produce properly.
The materials used inside the package must be new, clean and of a quality such as to avoid causing any external
or internal damage to the produce. The use of materials, particularly of paper or stamps bearing tradespecifications is allowed provided the printing or labelling has been done with non-toxic ink or glue.
Packages must be free of all foreign matter.
Stickers individually affixed on product shall be such as, when removed, neither to leave visible traces of glue,
nor to lead to skin defects.
C. Presentation
“Extra” Class fruit must be packed in rows and layers.
VI. PROVISIONS CONCERNING MARKING
Each package must bear the following particulars, in letters grouped on the same side, legibly and indelibly marked,
and visible from the outside:
A. Identification
The name and the address of the packer and/or the dispatcher
This mention may be replaced:
— for all packages with the exception of pre-packages, by the officially issued or accepted code mark
representing the packer and/or the dispatcher, indicated in close connection with the reference “Packer
and/or Dispatcher” (or equivalent abbreviations);
— for pre-packages only, by the name and the address of a seller established within the Community indicated
in close connection with the mention “Packed for:” or an equivalent mention. In this case, the labelling
shall also include a code representing the packer and/or the dispatcher. The seller shall give all informationdeemed necessary by the inspection body as to the meaning of this code.
B. Nature of produce
— “Pears” if the contents are not visible from the outside,
— name of the variety.
C. Origin of produce
Country of origin and, optionally, district where grown, or national, regional or local place name.
D. Commercial specifications
— Class,
— size or, for fruit packed in rows and layers, number of units.
If identification is by the size, this should be expressed:
(a) for produce subject to the uniformity rules, as minimum and maximum diameters;
(b) for produce not subject to the uniformity rules as the diameter of the smallest fruit in the package
followed by “and over” or equivalent denomination or, if appropriate, by the diameter of the largest fruit in
the package.13.12.2008 EN Official Journal of the European Union L 336/49E. Official control mark (optional)
Packages need not to bear the particulars mentioned in the first subparagraph, when they contain sales packages,
clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indicationssuch as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in anobvious position on at least two sides of the pallet.L 336/50 EN Official Journal of the European Union 13.12.2008Appendix
1. Size criteria
L = Large fruited variety
SP = Summer pear, for which no minimum size is required in respect of consignments harvested and dispatched
between 10 June and 31 July of any year.
2. Non-exhaustive list of large fruited and summer pear varieties classified according to their size criteria
Small fruited and other varieties which do not appear in the list may be marketed as long as they meet the size
requirements for other varieties as described in section III of the standard.
Some of the varieties listed in the following may be marketed under trade names for which trademark protection has
been sought or obtained in one or more countries. The first and second columns of the table hereunder do not intendto include such trade names. Reference to known trademarks have been included in the third column for informationonly.
Variety Synonyms Trade names Size
Abbé Fétel Abate Fetel L
Abugo o Siete en
BocaSP
Akςa SP
Alka L
Alsa L
Amfora L
Alexandrine Douil-
lardL
Bergamotten SP
Beurré Alexandre
LucasLucas L
Beurré Bosc Bosc, Beurré d'Apremont, Empereur Alexandre, Kaiser
AlexandreL
Beurré Clairgeau L
Beurré d'Arenberg Hardenpont L
Beurré Giffard SP
Beurré précoce Mor-
ettiniMorettini SP
Blanca de Aranjuez Agua de Aranjuez, Espadona, Blanquilla SP
Carusella SP
Castell Castell de Verano SP
Colorée de juillet Bunte Juli SP
Comice rouge L
Concorde L
Condoula SP13.12.2008 EN Official Journal of the European Union L 336/51Variety Synonyms Trade names Size
Coscia Ercolini SP
Curé Curato, Pastoren, Del cura de Ouro, Espadon de invierno,
Bella de Berry, Lombardia de Rioja, Batall de CampanaL
D'Anjou L
Dita L
D.Joaquina Doyenné de juillet SPDoyenné d'hiver Winterdechant L
Doyenné du comice Comice, Vereinsdechant L
Erika L
Etrusca SP
Flamingo L
Forelle L
Général Leclerc Amber
Grace
TML
Gentile SP
Golden Russet Bosc L
Grand champion L
Harrow Delight L
Jeanne d'Arc L
Josephine L
Kieffer L
Leonardeta Mosqueruela, Margallon, Colorada de Alcanadre, Leonarda
de MagallonSP
Lombacad Cascade®L
Moscatella SP
Mramornaja Mramornoje L
Mustafabey SP
Packham's Triumph Williams d'Automne LPasse Crassane Passa Crassana LPerita de San Juan SP
Pérola SP
Pitmaston Williams Duchesse LPrécoce de Trévoux Trévoux SP
Président Drouard L
Rosemarie L
Santa Maria Santa Maria Morettini SPL 336/52 EN Official Journal of the European Union 13.12.2008Variety Synonyms Trade names Size
Spadoncina Agua de Verano, Agua de Agosto SP
Taylors Gold L
Triomphe de Vienne L
Williams Bon Chré-
tienBon Chrétien, Bartlett, Williams, Summer Bartlett L13.12.2008 EN Official Journal of the European Union L 336/53PART 7: MARKETING STANDARD FOR STRAWBERRIES
I. DEFINITION OF PRODUCE
This standard applies to strawberries of varieties (cultivars) grown from the genus Fragaria L. to be supplied fresh to the
consumer, strawberries for industrial processing being excluded.
II. PROVISIONS CONCERNING QUALITY
The purpose of the standard is to define the quality requirements of strawberries after preparation and packaging.
A. Minimum requirements
In all classes, subject to the special provisions for each class and the tolerances allowed, the strawberries must be:
— intact,
— sound; produce affected by rotting or deterioration such as to make it unfit for consumption is excluded,
— clean, practically free of any visible foreign matter,
— fresh in appearance, but not washed,
— practically free from pests,
— practically free from damage caused by pests,
— with the calyx (except in the case of wild strawberries); the calyx and the stalk (if present) must be fresh
and green,
— free of abnormal external moisture,
— free of any foreign smell and/or taste.
The strawberries must have been carefully picked.
They must be sufficiently developed and display satisfactory ripeness. The development and the condition must
be such as to enable them:
— to withstand transport and handling, and
— to arrive in satisfactory condition at the place of destination.
B. Classification
The strawberries are classified in three classes defined below:
(i) “Extra” Class
The strawberries in this class must be of superior quality. They must be characteristic of the variety.
They must be bright in appearance, allowing for the characteristics of the variety.They must be free from soil.They must be free from defects with the exception of very slight superficial defects provided these do not
affect the general appearance of the produce, the quality, the keeping quality and presentation in the
package.
(ii) Class I
Strawberries in this class must be of good quality. In colouring and shape, they must be characteristic of
the variety.L 336/54 EN Official Journal of the European Union 13.12.2008The following slight defects, however, may be allowed provided these do not affect the general appearance
of the produce, the quality, the keeping quality and presentation in the package:
— slight defect of shape,
— a white patch, not exceeding one tenth of the surface area of the fruit,
— slight superficial pressure marks.
They must be practically free from soil.
(iii) Class II
This class includes strawberries which do not qualify for inclusion in the higher classes, but satisfy the
minimum requirements specified above.
The following defects may be allowed provided the strawberries retain their essential characteristics as
regards the quality, the keeping quality and presentation:
— defects of shape,
— a white patch not exceeding one fifth of the surface area of the fruit,
— slight dry bruising not likely to spread,
— slight traces of soil.
III. PROVISIONS CONCERNING SIZING
Size is determined by the maximum diameter of the equatorial section.
Strawberries must be of the following minimum sizes:
— “Extra” Class: 25 mm,
— Classes I and II: 18 mm.
There is no minimum size for wild strawberries.
IV. PROVISIONS CONCERNING TOLERANCES
Tolerances in respect of quality and size shall be allowed in each package for produce not satisfying the requirements
of the class indicated.
A. Quality tolerances
(i) “Extra” Class
5 % by number or weight of strawberries not satisfying the requirements of the class but meeting those of
Class I or, exceptionally, coming within the tolerances of that class. Of these 5 % not more than 2 % intotal may consist of spoilt fruit.
(ii) Class I
10 % by number or weight of strawberries not satisfying the requirements of the class but meeting those
of Class II or, exceptionally, coming within the tolerances of that class. Of these 10 %, not more than 2 %in total may consist of spoilt fruit.
(iii) Class II
10 % by number or weight of strawberries satisfying neither the requirements of the class nor the
minimum requirements, with the exception of produce affected by rotting, severe bruising or any other
deterioration rendering it unfit for consumption. Of these 10 %, not more than 2 % in total may consist ofspoilt fruit.13.12.2008 EN Official Journal of the European Union L 336/55B. Size tolerances
For all classes: 10 % by number or weight of strawberries not conforming to the minimum size.
V. PROVISIONS CONCERNING PRESENTATION
A. Uniformity
The contents of each package must be uniform and contain only strawberries of the same origin, variety and
quality.
In the “Extra” Class, strawberries —with the exception of wood strawberries —must be particularly uniform
and regular with respect to degree of ripeness, colour and size. In Class I, strawberries may be less uniform insize.
The visible part of the contents of the package must be representative of the entire contents.
B. Packaging
The strawberries must be packed in such a way as to protect the produce properly.
The materials used inside the package must be new, clean and of a quality such as to avoid causing any external
or internal damage to the produce. The use of materials, particularly of paper or stamps bearing trade
specifications is allowed provided the printing or labelling has been done with non-toxic ink or glue.
Fruit in the “Extra” Class must be particularly well presented.
Packages must be free of all foreign matter.Stickers individually affixed on product shall be such as, when removed, neither to leave visible traces of glue,
nor to lead to skin defects.
VI. PROVISIONS CONCERNING MARKING
Each package must bear the following particulars, in letters grouped on the same side, legibly and indelibly marked,
and visible from the outside:
A. Identification
The name and the address of the packer and/or the dispatcher
This mention may be replaced:
— for all packages with the exception of pre-packages, by the officially issued or accepted code mark
representing the packer and/or the dispatcher, indicated in close connection with the reference “Packer
and/or Dispatcher” (or equivalent abbreviations);
— for pre-packages only, by the name and the address of a seller established within the Community indicated
in close connection with the mention “Packed for:” or an equivalent mention. In this case, the labelling
shall also include a code representing the packer and/or the dispatcher. The seller shall give all informationdeemed necessary by the inspection body as to the meaning of this code.
B. Nature of produce
— “Strawberries”, if the contents of the package are not visible from the outside.
— Name of the variety (optional).
C. Origin of produce
Country of origin and, optionally, district where grown or national, regional or local place name.L 336/56 EN Official Journal of the European Union 13.12.2008D. Commercial specifications
— Class.
E. Official control mark (optional)
Packages need not to bear the particulars mentioned in the first subparagraph, when they contain sales packages,
clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indicationssuch as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in anobvious position on at least two sides of the pallet.13.12.2008 EN Official Journal of the European Union L 336/57PART 8: MARKETING STANDARD FOR SWEET PEPPERS
I. DEFINITION OF PRODUCE
This standard applies to sweet peppers of varieties (cultivars) grown from Capsicum annuum L. var. annuum, to be
supplied fresh to the consumer, sweet peppers for industrial processing being excluded.
According to their shape a distinction is made for four commercial types:— elongated sweet peppers (pointed),
— square sweet peppers (blunt),
— square tapering sweet peppers (peg top),
— flat sweet peppers (tomato peppers).
II. PROVISIONS CONCERNING QUALITY
The purpose of the standard is to define the quality requirements for sweet peppers after preparation and packaging.
A. Minimum requirements
In all classes, subject to the special provisions for each class and the tolerances allowed, the sweet peppers
must be:
— intact,
— sound; produce affected by rotting or deterioration such as to make it unfit for consumption is excluded,
— clean, practically free of any visible foreign matter,
— fresh in appearance,
— practically free from pests,
— practically free from damage caused by pests,
— well-developed,
— free of damage caused by frost,
— free of unhealed injuries,
— (ii) ],
— with peduncles attached,
— free of abnormal external moisture,
— free of any foreign smell and/or taste.
The development and condition of the sweet peppers must be such as to enable them to:— withstand transport and handling, and
— arrive in satisfactory condition at the place of destination.
B. Classification
Sweet peppers are classified in two classes, defined below:L 336/58 EN Official Journal of the European Union 13.12.2008(i) Class I
Sweet peppers in this class must be of good quality. They must be characteristic of the variety and/or
commercial type as regards development, shape and colour with due regard to the degree of ripeness.
They must be:
— firm,
— practically free of blemishes.
The peduncle may be slightly damaged or cut with the calyx intact.
(ii) Class II
This class includes sweet peppers which do not qualify for inclusion in Class I but satisfy the minimum
requirements specified above.
The following defects may be allowed provided the peppers retain their essential characteristics as regards
the quality, keeping quality and presentation:
— defects in shape and development,
— sunburn or slight healed injuries, with a limit of 2 cm in length for defects of elongated shape, and
1 cm2of the total area for other defects,
— slight dry superficial cracks not exceeding an overall cumulative length of 3 cm.
They may be less firm without being withered.
The peduncle may be damaged or cut.
III. PROVISIONS CONCERNING SIZING
Size is determined by the shoulder diameter (width) of the sweet peppers. In the case of flat sweet peppers (tomato
peppers) the term “width” means the maximum equatorial diameter.
For sized sweet peppers, the difference in diameter between the largest and smallest sweet pepper in the same package
may not exceed 20 mm.
The width of sweet peppers may not be less than:
— elongated sweet peppers (pointed): 20 mm
— square sweet peppers (blunt) and square tapering sweet peppers (peg-top): 40 mm
— flat sweet peppers (tomato peppers): 55 mm
Sizing is not compulsory for Class II, subject to the minimum sizes.
The size requirements shall not apply to miniature produce (1).
IV. PROVISIONS CONCERNING TOLERANCES
Tolerances in respect of quality and size shall be allowed in each package for produce not satisfying the requirements
of the class indicated.13.12.2008 EN Official Journal of the European Union L 336/59
(1) Miniature product means a variety or cultivar of sweet pepper, obtained by plant breeding and/or special cultivation techniques, excluding
sweet peppers of non-miniature varieties which have not fully developed or are of inadequate size. All other requirements of the standard
must be met.A. Quality tolerances
(i) Class I
10 % by number or weight of sweet peppers not satisfying the requirements of the class, but meeting
those of Class II or, exceptionally, coming within the tolerances of that class.
(ii) Class II
10 % by number or weight of sweet peppers satisfying neither the requirements of the class nor the
minimum requirements, with the exception of produce affected by rotting or any other deterioration
rendering it unfit for consumption.
B. Size tolerances
(i) Class I
10 % by number or weight of sweet peppers not conforming to the sizes identified within a margin of
± 5 mm including no more than 5 % of sweet peppers below the minimum size laid down.
(ii) Class II
— Sized sweet peppers
10 % by number or weight of sweet peppers not conforming to the sizes identified within a margin
of ± 5 mm including no more than 5 % of sweet peppers below the minimum size laid down.
— Unsized sweet peppers
5 % by number or weight of sweet peppers up to 5 mm smaller than the minimum size laid down.
V. PROVISIONS CONCERNING PRESENTATION
A. Uniformity
The contents of each package must be uniform and contain only sweet peppers of the same origin, variety or
commercial type, quality, size (if sized) and, in the case of Class I, of appreciably the same degree of ripeness andcolouring.
However, a mixture of sweet peppers of different colours may be packed together, provided they are uniform in
origin, quality, commercial type and size (if sized).
Consumer packages of a net weight not exceeding one kilo, may contain mixtures of sweet peppers of different
colours and/or commercial types, provided they are uniform in quality, and for each colour and/or commercial
type concerned, in origin.
In the case of sized produce, elongated sweet peppers should be sufficiently uniform in length.Miniature sweet peppers must be reasonably uniform in size. They may be mixed with other miniature products
of a different type and origin.
The visible part of the contents of the package must be representative of the entire contents.
B. Packaging
The sweet peppers must be packed in such a way as to protect the produce properly.
The materials used inside the package must be new, clean and of a quality such as to avoid causing any external
or internal damage to the produce. The use of materials, particularly paper or stamps bearing tradespecifications is allowed, provided the printing or labelling has been done with non-toxic ink or glue.
packages must be free of all foreign matter.L 336/60 EN Official Journal of the European Union 13.12.2008Stickers individually affixed on product shall be such as, when removed, neither to leave visible traces of glue,
nor to lead to skin defects.
VI. PROVISIONS CONCERNING MARKING
Each package must bear the following particulars, in letters grouped on the same side, legibly and indelibly marked,
and visible from the outside:
A. Identification
The name and the address of the packer and/or the dispatcher
This mention may be replaced:
— for all packages with the exception of pre-packages, by the officially issued or accepted code mark
representing the packer and/or the dispatcher, indicated in close connection with the reference “Packer
and/or Dispatcher” (or equivalent abbreviations),
— for pre-packages only, by the name and the address of a seller established within the Community indicated
in close connection with the mention “Packed for:” or an equivalent mention. In this case, the labelling
shall also include a code representing the packer and/or the dispatcher. The seller shall give all informationdeemed necessary by the inspection body as to the meaning of this code.
B. Nature of produce
If the contents are not visible from the outside:
— “Sweet peppers”,— colour,
— commercial type (“elongated”, “square blunt”, “square tapering”, “flat”) or name of the variety.
In the case of packages or consumer packages containing a mixture of different colours and/or commercial types
of sweet pepper:
— “Mixed peppers”, or equivalent denomination,— if the contents are not visible from the outside, colours and/or commercial types of the sweet peppers and
number of pieces of each of the colours and/or commercial types concerned.
C. Origin of produce
Country of origin and, optionally, district where grown or national, regional or local place name.
In the case of consumer packages containing a mixture of sweet peppers of different colours and/or commercial
types of different origins, the indication of each country of origin shall appear next to the name of the colourand/or commercial type concerned.
D. Commercial specifications
— Class
— Size (if sized) expressed as minimum and maximum diameters or the mark “unsized” where appropriate
— Where appropriate, “Mini peppers”, “Baby peppers”, or other appropriate term for miniature produce.
Where several types of miniature produce are mixed in the same package, all products and their respectiveorigins must be mentioned.13.12.2008 EN Official Journal of the European Union L 336/61E. Official control mark (optional)
Packages need not to bear the particulars mentioned in the first subparagraph, when they contain sales packages,
clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indicationssuch as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in anobvious position on at least two sides of the pallet.L 336/62 EN Official Journal of the European Union 13.12.2008PART 9: MARKETING STANDARD FOR TABLE GRAPES
I. DEFINITION OF PRODUCE
This standard applies to table grapes of varieties (cultivars) grown from Vitis vinifera L. to be supplied fresh to the
consumer, table grapes for industrial processing being excluded.
II. PROVISIONS CONCERNING QUALITY
The purpose of the standard is to define the quality requirements for table grapes after preparation and packaging.
A. Minimum requirements
In all classes, subject to the special provisions for each class and the tolerances allowed, bunches and berries
must be:
— sound; produce affected by rotting or deterioration such as to make it unfit for consumption is excluded,
— clean, practically free of any visible foreign matter,
— practically free from pests,
— practically free from damage caused by pests,
— free of abnormal external moisture,
— free of any foreign smell and/or taste.
In addition, berries must be:
— intact,
— well formed,
— normally developed.
Pigmentation due to sun is not a defect.
Bunches must have been carefully picked.
The juice of the berries shall have a refractometric index of at least:— 12
oBrix for the Alphonse Lavallée, Cardinal and Victoria varieties,
— 13oBrix for all other seeded varieties,
— 14oBrix for all seedless varieties.
In addition, all varieties must have satisfactory sugar/acidity ratio levels.
The development and condition of the table grapes must be such as to enable them:— to withstand transport and handling, and
— to arrive in satisfactory condition at the place of destination.
B. Classification
The table grapes are classified into three classes defined below:13.12.2008 EN Official Journal of the European Union L 336/63i) “Extra” class
Table grapes in this class must be of superior quality. In shape, development and colouring the bunches
must be typical of the variety, allowing for the district in which they are grown, and have no defects.
Berries must be firm, firmly attached, evenly spaced along the stalk and have their bloom virtually intact.
ii) Class I
Table grapes in this class must be of good quality. In shape, development and colouring the bunches must
be typical of the variety, allowing for the district in which they are grown. Berries must be firm, firmly
attached and, as far as possible, have their bloom intact. They may, however, be less evenly spaced along
the stalk than in the “Extra” class.
The following slight defects, however; may be allowed, provided these do not affect the general appearance
of the produce, the quality, the keeping quality, and presentation in the package:
— slight defects in shape,
— slight defects in colouring,
— very slight sun-scorch affecting the skin only.
iii) Class II
This class includes table grapes which do not qualify for inclusion in the higher classes, but satisfy the
minimum requirements specified above.
The bunches may show slight defects in shape, development and colouring, provided these do not impair
the essential characteristics of the variety, allowing for the district in which they are grown.
The berries must be sufficiently firm and sufficiently attached, and, where possible, still have their bloom.
They may be less evenly spaced along the stalk than in Class I.
The following defects are allowed provided the table grapes retain their essential characteristics as regards
the quality, the keeping quality and presentation:
— defects in shape,
— defects in colouring,
— slight sun-scorch affecting the skin only,
— slight bruising,
— slight skin defects.
III. PROVISIONS CONCERNIG SIZING
Size is determined by the weight of the bunch.
The following minimum size requirements per bunch are defined for table grapes grown under glass and for open-
grown table grapes, large-berry or small-berry varieties respectively.
Table grapes grown under
glass
(if mentioned on the label)Open grown table grapes
All varieties except small-
berry varieties listed in the
AppendixSmall-berry varieties listed in
the Appendix
Extra class 300 g 200 g 150 g
Class I 250 g 150 g 100 g
Class II 150 g 100 g 75 gL 336/64 EN Official Journal of the European Union 13.12.2008IV. PROVISIONS CONCERNING TOLERANCES
Tolerances in respect of quality and size shall be allowed in each package for produce not satisfying the requirements
of the class indicated.
A. Quality tolerances
i) “Extra” class
5 % by weight of bunches not satisfying the requirements of the class, but meeting those for Class I or,
exceptionally, coming within the tolerances of that class.
ii) Class I
10 % by weight of bunches not satisfying the requirements of the class, but meeting those of Class II or,
exceptionally, coming within the tolerances for that class.
iii) Class II
10 % by weight of bunches satisfying neither the requirements of the class nor the minimum
requirements, with the exception of produce affected by rotting or any other deterioration rendering itunfit for consumption.
B. Size tolerances
i) “Extra” Class and Class I
10 % by weight of bunches not satisfying the size requirements of the class, but meeting those of the class
immediately below.
ii) Class II
10 % by weight of bunches not satisfying the size requirements of the class but weighing not less
than 75 g.
iii) “Extra” class and Classes I and II
In each consumer package not exceeding 1 kg net weight, one bunch weighing less than 75 g is allowed to
adjust the weight, provided the bunch meets all other requirements of the specified class.
V. PROVISIONS CONCERNING PRESENTATION
A. Uniformity
The contents of each package must be uniform and contain only bunches of the same origin, variety, quality and
degree of ripeness.
In the case of grapes packed in small consumer packages of a net weight not exceeding 1 kg, uniformity of
variety and origin is not required.
In the case of the “Extra” Class, the bunches must be of more or less identical size and colouring.
The inclusion in each package of bunches of different colours for decorative purposes shall be allowed in the
case of the variety Chasselas.
The visible part of the contents of the package must be representative of the entire contents.
B. Packaging
The table grapes must be packed in such a way as to protect the produce properly.
In the case of the “Extra” Class, the bunches must be packed in a single layer.
The materials used inside the package must be new, clean and of a quality such as to avoid causing any external
or internal damage to the produce. The use of materials, particularly paper or stamps, bearing tradespecifications is allowed provided the printing or labelling has been done with non-toxic ink or glue.13.12.2008 EN Official Journal of the European Union L 336/65Packages must be free of all foreign matter, although a fragment of vine shoot no more than 5 cm in length may
be left on the stem of the bunch as a form of special presentation.
Stickers individually affixed on product shall be such as, when removed, neither to leave visible traces of glue,
nor to lead to skin defects.
VI. PROVISIONS CONCERNING MARKING
Each package must bear the following particulars in letters grouped on the same side, legibly and indelibly marked,
and visible from the outside:
A. Identification
The name and the address of the packer and/or the dispatcher
This mention may be replaced:— for all packages with the exception of pre-packages, by the officially issued or accepted code mark
representing the packer and/or the dispatcher, indicated in close connection with the reference “Packer
and/or Dispatcher” (or equivalent abbreviations);
— for pre-packages only, by the name and the address of a seller established within the Community indicated
in close connection with the mention “Packed for:” or an equivalent mention. In this case, the labelling
shall also include a code representing the packer and/or the dispatcher. The seller shall give all informationdeemed necessary by the inspection body as to the meaning of this code.
B. Nature of produce
— “ Table Grapes”, if the contents are not visible from the outside,
— name of the variety or, where applicable, varieties,
— “under glass”, where applicable.
C. Origin of produce
Country (or, where applicable, countries) of origin and, optionally, district where grown, or national, regional or
local place name.
D. Commercial specifications
— Class.
E. Official control mark (optional)
Packages need not to bear the particulars mentioned in the first subparagraph, when they contain sales packages,
clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indicationssuch as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in anobvious position on at least two sides of the pallet.L 336/66 EN Official Journal of the European Union 13.12.2008Appendix
Exhaustive list of small-berry varieties
Variety Other names under which the variety is known
Admirable de Courtiller Admirable, Csiri Csuri
Albillo Acerba, Albuela, Blanco Ribera, CagalonAngelo Pirovano I. Pirovano 2
Annamaria I. Ubizzoni 4
BaltaliBeba Beba de los Santos, EvaCatalanesca Catalanesa, Catalana, Uva Catalana
Chasselas blanc Chasselas doré, Fendant, Franceset, Franceseta, Gutedel, Krachgutedel, White van der
Laan
Chasselas rouge Roter Gutedel
Chelva Chelva de Cebreros, Guareña, Mantuo, Villanueva
Ciminnita Cipro biancoClairette Blanquette, Malvoisie, Uva de Jijona
Colombana bianca Verdea, Colombana de Peccioli
DehlroDelizia di Vaprio I. Pirovano 46 AExalta
Flame Seedless Red Flame
Gros Vert Abbondanza, St Jeannet, Trionfo dell'Esposizione, Verdal, Trionfo di GerusalemmeJaoumet Madeleine de St Jacques, Saint JacquesMadeleine Angevine, Angevine Oberlin, Madeleine Angevine Oberlin, Republicain
Mireille
Molinera Besgano, Castiza, Molinera gordaMoscato d'Adda Muscat d'Adda
Moscato d'Amburgo Black Muscat, Hambro, Hamburg, Hamburski Misket, Muscat d'Hambourg, Moscato
Preto
Moscato di Terracina Moscato di Maccarese
Œillade Black Malvoisie, Cinsaut, Cinsault, Ottavianello, Sinso
Panse precoce Bianco di Foster, Foster's white, SicilienPerla di Csaba Càbski Biser, Julski muskat, Muscat Julius, Perle de CsabaPerlaut
Perlette
Pizzutello bianco Aetonychi aspro, Coretto, Cornichon blanc, Rish Baba, Sperone di gallo, Teta di vacca13.12.2008 EN Official Journal of the European Union L 336/67Variety Other names under which the variety is known
Precoce de Malingre
Primus I. Pirovano 7Prunesta Bermestia nera, Pergola rossa, Pergolese di Tivoli
Regina dei Vigneti Königin der Weingärten, Muskat Szölöskertek Kizalyneja, Szölöskertek Kizalyneh,
Rasaki ourgarias, Regina Villoz, Reina de las Viñas, Reine des Vignes, I. Mathiasz 140,
Queen of the Vineyards
Servant Servan, Servant di Spagna
Sideritis Sidiritis
Sultanines Bidaneh, Kishmich, Kis Mis, Sultan, Sultana, Sultani, Cekirdesksiz, Sultanina bianca,
Sultaniye, Thompson Seedless and mutations
Valenci blanc Valensi, Valency, Panse blanche
Valenci noir Planta Mula, Rucial de Mula, Valenci negroYapincakL 336/68 EN Official Journal of the European Union 13.12.2008PART 10: MARKETING STANDARD FOR TOMATOES
I. DEFINITION OF PRODUCE
This standard applies to tomatoes of the varieties (cultivars) grown from Lycopersicon lycopersicum (L.)Karsten ex Farw./
Lycopersicon esculentum Mill. to be supplied fresh to the consumer, tomatoes for industrial processing being excluded.
Tomatoes may be classified in four commercial types:
— “round”,
— “ribbed”,
— “oblong” or“elongated”,
— “cherry” tomatoes (including “cocktail” tomatoes).
II. PROVISIONS CONCERNING QUALITY
The purpose of the standard is to define the quality requirements of tomatoes after preparation and packaging.
A. Minimum requirements
In all classes, subject to the special provisions for each class and the tolerances allowed, tomatoes must be:
— intact,
— sound; produce affected by rotting or deterioration such as to make it unfit for consumption is excluded,
— clean, practically free of any visible foreign matter,
— fresh in appearance,
— practically free from pests,
— practically free from damage caused by pests,
— free of abnormal external moisture,
— free of any foreign smell and/or taste.
In the case of trusses of tomatoes, the stalks must be fresh, healthly, clean, and free from all leaves and any
visible foreign matter.
The development and condition of the tomatoes must be such as to enable them:
— to withstand transport and handling, and
— to arrive in satisfactory condition at the place of destination.
B. Classification
Tomatoes are classified in three classes as defined below:
(i) “Extra” Class
Tomatoes in this class must be of superior quality. They must have firm flesh and must be characteristic of
the variety as regards shape, appearance and development.
Their colouring, according to their state of ripeness, must be such as to satisfy the requirements set out in
the last subparagraph of paragraph A above.13.12.2008 EN Official Journal of the European Union L 336/69They must be free from greenbacks and other defects, with the exception of very slight superficial defects,
provided these do not affect the general appearance of the produce, the quality, the keeping quality andpresentation in the package.
(ii) Class I
Tomatoes in this class must be of good quality. They must be reasonably firm and characteristic of the
variety.
They must be free of cracks and visible greenbacks. The following slight defects, however, may be allowed,
provided these do not affect the general appearance of the produce, the quality, the keeping quality and
presentation in the package:
— a slight defect in shape and development,
— a slight defect in colouring,
— slight skin defects,
— very slight bruises.
Furthermore, “ribbed” tomatoes may show:
— healed cracks not more than 1 cm long,
— no excessive protuberances,
— a small umbilicus, but no suberisation,
— suberisation of the stigma up to 1 cm,
— fine blossom scar in elongated form (like a seam), but not longer than two thirds of the greatest
diameter of the fruit.
(iii) Class II
This class includes tomatoes which do not qualify for inclusion in the higher classes, but satisfy the
minimum requirements specified above.
They must be reasonably firm (but may be slightly less firm than in Class I) and must not show unhealed
cracks.
The following defects may be allowed, provided the tomatoes retain their essential characteristics as
regards the quality, the keeping quality and presentation:
— defects in shape, development and colouring,
— skin defects or bruises, provided the fruit is not seriously affected,
— healed cracks not more than 3 cm in length for round, ribbed or oblong tomatoes.
Furthermore, “ribbed” tomatoes may show:
— more pronounced protuberances than allowed in Class I, but without being misshapen,
— an umbilicus,
— suberisation of the stigma up to 2 cm
2,
— fine blossom scar in elongated form (like a seam).L 336/70 EN Official Journal of the European Union 13.12.2008III. PROVISIONS CONCERNING SIZING
Size is determined by the maximum diameter of the equatorial section. The following provisions shall not apply to
“cherry” tomatoes.
A. Minimum size
For tomatoes classified in the “Extra” Class and Classes I and II, the minimum size is set at:
— 35 mm for “round” and“ribbed” tomatoes,
— 30 mm for “oblong” tomatoes.
B. Sizing scale
The tomatoes are graded according to the following sizing scale:
— 30 mm and over but under 35 mm (1),
— 35 mm and over but under 40 mm,
— 40 mm and over but under 47 mm,
— 47 mm and over but under 57 mm,
— 57 mm and over but under 67 mm,
— 67 mm and over but under 82 mm,
— 82 mm and over but under 102 mm,
— 102 mm and over.
Observance of the sizing scale is compulsory for “Extra” Class and Class I tomatoes.
The sizing scale does not apply to trusses of tomatoes.
IV. PROVISIONS CONCERNING TOLERANCES
Tolerances in respect of quality and size shall be allowed in each package for produce not satisfying the requirements
of the class indicated.
A. Quality tolerances
(i) “Extra” Class
5 % by number or weight of tomatoes not satisfying the requirements of the class but meeting those of
Class I or, exceptionally, coming within the tolerances of that class.
(ii) Class I
— 10 % by number or weight of tomatoes not satisfying the requirements of the class but meeting
those of Class II or, exceptionally, coming within the tolerances of that class.
— In the class of trusses of tomatoes, 5 % by number or weight of tomatoes detached from the stalk.
(iii) Class II
— 10 % by number or weight of tomatoes satisfying neither the requirements of the class nor the
minimum requirements, with the exception of produce affected by rotting, marked bruising or anyother deterioration rendering it unfit for consumption.13.12.2008 EN Official Journal of the European Union L 336/71
(1) Only for “oblong” tomatoes.— In the case of trusses of tomatoes, 10 % by number or weight of tomatoes detached from the stalk.
B. Size tolerances
For all classes: 10 % by number or weight of tomatoes conforming to the size immediately above or below that
specified, with a minimum of 33 mm for “round” and“ribbed” tomatoes and 28 mm for “oblong” tomatoes.
V. PROVISIONS CONCERNING PRESENTATION
A. Uniformity
The contents of each package must be uniform and contain only tomatoes of the same origin, variety or
commercial type, quality and size (if sized).
The ripeness and colouring of tomatoes in the “Extra” Class and Class I must be practically uniform. In addition,
the length of “oblong” tomatoes must be sufficiently uniform.
The visible part of the contents of the package must be representative of the entire contents.
B. Packaging
The tomatoes must be packed in such a way as to protect the produce properly.
The materials used inside the package must be new, clean and of a quality such as to avoid causing any external
or internal damage to the produce. The use of materials, particularly paper or stamps, bearing tradespecifications is allowed, provided the printing or labelling has been done with non-toxic ink or glue.
Packages must be free of all foreign matter.
Stickers individually affixed on product shall be such as, when removed, neither to leave visible traces of glue,
nor to lead to skin defects.
C. Presentation
Tomatoes may be presented as follows:
(i) as individual fruits, with or without calyx and short stalk;
(ii) as trusses of tomatoes, i.e. the tomatoes are presented as whole inflorescence or part thereof, each
inflorescence or part thereof comprising at least the following number of fruits:
— three fruits (two fruits in prepackaging), or
— in the case of trusses of “cherry” tomatoes, six fruits (four fruits in prepackaging).
VI. PROVISIONS CONCERNING MARKING
Each package must bear the following particulars in letters grouped on the same side, legibly and indelibly marked and
visible from the outside:
A. Identification
The name and the address of the packer and/or the dispatcher
This mention may be replaced:
— for all packages with the exception of pre-packages, by the officially issued or accepted code mark
representing the packer and/or the dispatcher, indicated in close connection with the reference “Packer
and/or Dispatcher” (or equivalent abbreviations);L 336/72 EN Official Journal of the European Union 13.12.2008— for pre-packages only, by the name and the address of a seller established within the Community indicated
in close connection with the mention “Packed for:” or an equivalent mention. In this case, the labelling
shall also include a code representing the packer and/or the dispatcher. The seller shall give all informationdeemed necessary by the inspection body as to the meaning of this code.
B. Nature of produce
— “tomatoes” or“trusses of tomatoes” and the commercial type if the contents are not visible from the
outside. These details must always be provided for “cherry” (or“cocktail”) tomatoes, whether or not in
trusses,
— name of the variety (optional).
C. Origin of produce
country of origin and, optionally, district where grown, or national, regional or local place name.
D. Commercial specifications
— class
— size expressed as minimum and maximum diameters (if sized) or the word “unsized” where appropriate.
— minimum sugar content, measured by refractometer and expressed in Brix degrees (optional).
E. Official control mark (optional)
Packages need not to bear the particulars mentioned in the first subparagraph, when they contain sales packages,
clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indicationssuch as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in anobvious position on at least two sides of the pallet.’13.12.2008 EN Official Journal of the European Union L 336/73ANNEX II
‘ANNEX II
SPECIMEN MENTIONED IN ARTICLE 11(1)
L 336/74 EN Official Journal of the European Union 13.12.2008ANNEX III
‘ANNEX III
CERTIFICATE OF CONFORMITY WITH THE COMMUNITY MARKETING STANDARDS FOR FRESH FRUIT
AND VEGETABLES MENTIONED IN ARTICLES 11, 12 AND 12a
13.12.2008 EN Official Journal of the European Union L 336/75ANNEX IV
‘ANNEX VI
Methods of inspection mentioned in Article 20(1)
Remark: the following methods of inspection are based on the provisions of the guide for the implementation of quality
control of fresh fruit and vegetables adopted by the OECD Scheme for the Application of International Standards for Fruitand Vegetables.
1. DEFINITIONS
1.1. Package
Individually packaged part of a lot, including contents so as to facilitate handling and transport of a number of sales
units or of products loose or arranged, in order to prevent damage by physical handling and transport. Road, rail,ship and air containers are not considered as packages.
1.2. Sales package
Individually packaged part of a lot, including contents which is so as to constitute a sales unit to the final user or
consumer at the point of purchase.
1.2a. Pre-packages
Pre-packages are sales packages such as the packaging encloses the foodstuff completely or only partially, but in such
a way that the contents cannot be altered without opening or changing the packaging. Protective films coveringsingle produce are not considered as a pre-package.
1.3. Consignment
Quantity of produce to be sold by a given trader found at the time of inspection and defined by a document. A
consignment may consist of one or several types of produce; it may contain one or several lots of fresh, dry or driedfruit and vegetables.
1.4. Lot
Quantity of produce which, at the time of inspection at one place, has similar characteristics with regard to:— packer and/or dispatcher
— country of origin
— nature of produce
— class of produce
— size (if the produce is graded according to size)
— variety or commercial type (according to the relevant provisions of the standard)
— type of packaging and presentation.
However, if during the conformity check of consignments (as defined in point 1.3), it is difficult to distinguish
between different lots and/or presentation of individual lots is not possible, all lots of a specific consignment may betreated as one lot if they are similar in regard to type of produce, dispatcher, country of origin, class and variety orcommercial type, if this is provided for in the relevant marketing standard.
1.5. Sampling
Collective samples taken temporarily from a lot during conformity check.L 336/76 EN Official Journal of the European Union 13.12.20081.6. Primary sample
Package taken at random from the lot, in case of packed produce or, in case of bulk produce (direct loading into a
transport vehicle or compartment thereof), a quantity taken at random from a point in the lot.
1.7. Bulk sample
Several primary samples supposed to be representative for the lot so that the total quantity is sufficient to allow the
assessment of the lot with regard to all criteria.
1.8. Secondary sample
An equal quantity of produce taken at random from the primary sample.
In the case of packed nuts, the secondary sample shall weigh between 300 g and 1 kg. If the primary sample is made
up of packages containing sales packages, the secondary sample shall be one or more sales packages that in
aggregate are at least 300 g.
In the case of other packed produce, the secondary sample shall comprise 30 units, in case the net weight of the
package is 25 kg or less and the package does not contain any sales packages. In certain cases this means that the
whole content of the package has to be checked, if the primary sample contains not more than 30 units.
1.9. Composite sample (dry and dried produce only)
A composite sample is a mix, weighing at least 3 kg, of all the secondary samples taken from the bulk sample.
Produce in the composite sample shall be evenly mixed.
1.10. Reduced sample
Quantity of produce taken at random from the bulk or composite sample whose size is restricted to the minimum
quantity necessary but sufficient to allow the assessment of certain individual criteria.
If the inspection method would destroy the produce, the size of the reduced sample shall not exceed 10 % of the
bulk sample or, in the case of nuts in shell, 100 nuts taken from the composite sample. In the case of small dry ordried products (i.e. 100 g include more than 100 units) the reduced sample shall not exceed 300 g.
For the assessment of criteria on the degree of the development and/or ripeness, the constitution of the sampling
shall be done according to the objective methods described in the Guidance on Objective Tests to Determine Qualityof Fruit and Vegetables and Dry and Dried Produce (http://www.oecd.org/agr/fv).
Several reduced samples may be taken from a bulk or composite sample in order to check the conformity of the lot
against different criteria.
2. IMPLEMENTATION OF CONFORMITY CHECK
2.1. General remark
A conformity check shall be made by assessing samples taken at random from different points in the lot to be
controlled. It is based on the principle of presumption that the quality of the samples is representative of the quality
of the lot.
2.2. Place of control
A conformity check may be carried out during packing operation, at the point of dispatch, during transport, at the
point of reception, at whole sale and retail level.
In cases where the inspection body does not carry out the conformity check in their own premises, the holder shall
provide facilities enabling the conduct of a conformity check.13.12.2008 EN Official Journal of the European Union L 336/772.3. Identification of lots and/or getting a general impression of the consignment
The identification of lots shall be carried out on the basis of their marking or other criteria, such as the indications
laid down under Council Directive 89/396/EEC (1). In the case of consignments which are made up of several lots it
is necessary for the inspector to get a general impression of the consignment with the aid of accompanyingdocuments or declarations concerning the consignments. The inspector shall then determine how far the lotspresented comply with the information in these documents.
If the produce is to be or has been loaded onto a means of transport, the registration number of the latter shall be
used for identification of the consignment.
2.4. Presentation of produce
The inspector shall decide which packages are to be checked. The presentation shall be made by the operator and
shall include the presentation of the bulk sample as well as the supply of all information necessary for the
identification of the consignment or lot.
If reduced or secondary samples are required, these shall be identified by the inspector from the bulk sample.
2.5. Physical check
— Assessment of packaging and presentation:
The packaging, including the material used within the package, shall be tested for suitability and cleanness
according to the provisions of the relevant marketing standard. This shall be done on the basis of primarysamples, in case of packed produce and in all other cases on the basis of the transport vehicle. If only certaintypes of packaging or presentation are permitted, the inspector shall check whether these are being used.
— Verification of marking:
The inspector shall check whether the produce is marked according to the relevant marketing standard. This
shall include a check on the accuracy of marking and/or the extent of any amendments required.
In case of packed produce, this check shall be carried out on the basis of the primary samples, in all other cases
on the basis of the documents attached to the pallet or the transport vehicle.
Fruit and vegetables individually wrapped in plastic shall not be considered as pre-packed foodstuff in the
meaning of European Parliament and Council Directive 2000/13/EC and shall not necessarily need to be
marked in accordance with the marketing standards. In such cases, the plastic wrapping may be considered as
a simple protection for fragile products.
— Verification of conformity of the produce:
The inspector shall determine the size of the bulk sample in such way as to be able to assess the lot. The
inspector selects at random the packages to be inspected or in the case of bulk produce the points of the lot
from which individual samples shall be taken.
Care shall be taken to ensure that the removal of samples does not adversely affect the quality of the produce.
Damaged packages shall not be used as part of the bulk sample. They shall be set aside and may, if necessary,
be subject to a separate examination and report.
The bulk sample shall comprise the following minimum quantities whenever a lot is declared unsatisfactory or
the risk of a produce not conforming to the marketing standard has to be examined:
Packed produce
Number of packages in the lot Number of packages to be taken (primary samples)
Up to 100 5
From 101 to 300 7
From 301 to 500 9L 336/78 EN Official Journal of the European Union 13.12.2008
(1) OJ L 186, 30.6.1989, p. 21.Packed produce
Number of packages in the lot Number of packages to be taken (primary samples)
From 501 to 1 000 10
More than 1 000 15 (minimum)
Produce in bulk
(direct loading into a transport vehicle or compartment thereof)
Quantity of lot in kg or number of
bundles in the lotQuantity of primary samples in kg or number of bundles
Up to 200 10
From 201 to 500 20
From 501 to 1 000 30
From 1 001 to 5 000 60
More than 5 000 100 (minimum)
In the case of bulky fruit and vegetables (over 2 kg per unit), the primary samples shall be made up of at least
five units. In the case of lots comprising fewer than 5 packages or weighing less than 10 kg, the check shall
cover the entire lot.
If the inspector discovers, after an inspection, that a decision cannot be reached, another physical check shall
be undertaken and the overall result reported as an average of the two checks.
2.6. Control of produce
In case of packed produce, the primary samples shall be used to check the general appearance of the produce, the
presentation, the cleanliness of the packages and the labelling. In all other cases, these checks shall be done on basis
of the lot or transport vehicle.
The produce shall be removed entirely from its packaging for the conformity check. The inspector may only
dispense with this where the sampling is based on composite samples.
The inspection of uniformity, minimum requirements, quality classes and size shall be carried out on the basis of the
bulk sample, or on the basis of the composite sample taking into account the explanatory brochures published by
the OECD Scheme for the Application of International Standards for Fruit and Vegetables (http://www.oecd.org/agr/fv).
When defects are detected, the inspector shall ascertain the respective percentage of the produce not in conformity
with the standard by number or weight.
External defects shall be checked on the basis of the bulk or composite sample. Certain criteria on the degree of
development and/or ripeness or on the presence or absence of internal defects may be checked on the basis ofreduced samples. The check based on the reduced sample applies in particular to checks which destroy the tradevalue of the produce.
The criteria on the degree of development and/or ripeness shall be checked using the instruments and methods laid
down to this end in the relevant marketing standard or in accordance with the Guidance on Objective Tests toDetermine Quality of Fruit and Vegetables and Dry and Dried Produce (http://www.oecd.org/agr/fv).
2.7. Report of control results
Documents mentioned in Article 12a shall be issued where appropriate.
If defects are found leading to non conformity, the trader or his representative shall be informed in writing about
these defects and the percentage found as well as the reasons for non-conformity. If the compliance of produce with
the standard is possible by a change in marking, the trader or his representative shall be informed.
If defects are found in a product, the percentage found not to be in conformity with the standard shall be indicated.13.12.2008 EN Official Journal of the European Union L 336/792.8. Decline in value by conformity check
After the conformity check, the bulk/composite sample is put at the disposal of the operator or his representative.
The inspection body shall not be bound to hand back the elements of the bulk/composite sample destroyed during
the conformity check.’L 336/80 EN Official Journal of the European Union 13.12.2008