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            COMMISSION REGULATION (EC) No 634/2006

of 25 April 2006         

laying down the marketing standard applicable to headed cabbages and amending Regulation (EEC) No 1591/87

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables (1), and in particular Article 2(2) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

1.   The marketing standard applicable to headed cabbages falling within CN code 0704 90 shall be as set out in the Annex.

2.   The standard shall apply to all marketing stages under the conditions laid down in Regulation (EC) No 2200/96.

However, at stages following dispatch, products may show, in relation to the requirements of the standard:

Article 2

Regulation (EEC) No 1591/87 is amended as follows:

Article 3

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 25 April 2006.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

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(1)OJ L 297, 21.11.1996, p. 1. Regulation as last amended by Commission Regulation (EC) No 47/2003 (OJ L 7, 11.1.2003, p. 64).

(2)OJ L 146, 6.6.1987, p. 36. Regulation as last amended by Regulation (EC) No 386/2005 (OJ L 62, 9.3.2005, p. 3).

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ANNEX

MARKETING STANDARD FOR HEADED CABBAGES

1.   DEFINITION OF PRODUCE

This standard applies to headed cabbages grown from varieties (cultivars) of Brassica oleracea L. var. capitata L. (including red cabbages and pointed cabbages) and from Brassica oleracea L var. sabauda L. (savoy cabbages), supplied fresh to the consumer, cabbages for industrial processing being excluded.

2.   PROVISIONS CONCERNING QUALITY

The purpose of this standard is to define the quality requirements for headed cabbages after preparation and packaging.

A.   Minimum requirements

In all classes, subject to the special provisions for each class and the tolerances allowed, the headed cabbages must be:

The stem should be cut slightly below the lowest point of leaf growth; the leaves should remain firmly attached, and the cut should be clean.

The condition of the headed cabbages must be such as to enable them:

B.   Classification

Headed cabbages are classified into two classes defined as follows:

(i)   Class I

Headed cabbages of Class I must be of good quality and characteristic of the variety. They should be compact, having regard to the variety.

Headed cabbages must be closely trimmed. In the case of green Savoy headed cabbages and early headed cabbages a number of leaves may be left for protection.

The following slight defects, however, may be allowed provided they do not affect the general appearance of the headed cabbages, the quality, the keeping quality and presentation in the package:

(ii)   Class II

This class includes headed cabbages which do not qualify for inclusion in Class I, but meet the minimum requirements specified in Section A.

The following defects may be allowed provided the headed cabbages retain their essential characteristics as regards the quality, the keeping quality and presentation:

3.   PROVISIONS CONCERNING SIZING

Size is determined by unit weight. The minimum size is 350 grams per unit.

The weight of the heaviest head in any one package must not be more than double the weight of the lightest head. When the weight of the heaviest head is equal to or less than 2 kilograms the difference between the heaviest and the lightest head may be up to 1 kilogram.

The size requirements shall not apply to miniature produce.

               ‘Miniature produce’ means a variety or cultivar of cabbages, obtained by plant breeding and/or special cultivation techniques, excluding cabbages of non-miniature varieties which have not fully developed or are of inadequate size. All other requirements of the standard shall apply.

4.   PROVISIONS CONCERNING TOLERENCES

Tolerances in respect of quality and size are allowed in each package for produce not satisfying the requirements for the class indicated.

A.   Quality tolerances

(i)   Class I

10 % by number or weight of headed cabbages not satisfying the requirements of the class, but meeting the requirements for Class II or, exceptionally, coming within the tolerances for that class.

(ii)   Class II

10 % by number or weight of headed cabbages not satisfying the requirements of the class, or the minimum requirements, but excluding headed cabbages visibly affected by rotting or any other deterioration rendering them unfit for consumption.

B.   Size tolerances

For all classes: 10 % by number or weight of headed cabbages not meeting the specified requirements.

However, no head may weigh less than 300 grams.

5.   PROVISIONS CONCERNING PRESENTATION

A.   Uniformity

The contents of each package, must contain only headed cabbages of the same origin, variety and quality.

In Class I, the headed cabbages must be uniform in shape and colour.

Miniature produce must be reasonably uniform in size.

However, a mixture of the various types of headed cabbages described in this standard may be packed together, provided they are uniform in quality and, for each type concerned, in variety, size and origin.

The visible part of the contents of the package must be representative of the entire contents.

Notwithstanding the first to fifth paragraphs, products covered by this standard may be mixed, in sales packages of a net weight of three kilograms or less, with different types of fresh fruit and vegetables on the conditions laid down by Commission Regulation (EC) No 48/2003 (1).

B.   Packaging

The headed cabbages must be packed in such a way as to protect the produce properly.

The materials used inside the package must be clean and of a quality such as to avoid causing any external or internal damage to the produce. The use of materials and particularly of paper or stamps bearing trade specifications is allowed provided that the printing or labelling has been done with a 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.

6.   PROVISIONS CONCERNING MARKETING

1.   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:

B.   Nature of produce

C.   Origin of produce

D.   Commercial specifications

E.   Official control mark (optional)

2.   Packages need not to bear the particulars mentioned in point 1 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.

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(1)OJ L 7, 11.1.2003, p. 65.

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