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            COMMISSION REGULATION (EC) No 1862/2004

of 26 October 2004         

laying down the marketing standard applicable to watermelons

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

The marketing standards applicable to watermelons falling within CN code 0807 11 shall be as set out in the Annex.

The standards 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Regulation (EC) No 1093/97 is repealed.

Article 3

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

It shall apply as from 1 January 2005.

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

Done at Brussels, 26 October 2004.

For the Commission

Franz FISCHLER            

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 158, 17.6.1997, p. 21. Regulation as last amended by Regulation (EC) No 907/2004 (OJ L 163, 30.4.2004, p. 50).

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ANNEX

STANDARD FOR WATERMELONS

I.   DEFINITION OF PRODUCE

This standard applies to watermelons of varieties (cultivars) grown from Citrullus lanatus (Thunb.) Matsum. Et Nakaih. to be supplied fresh to the consumer, watermelons for industrial processing being excluded.

II.   PROVISIONS CONCERNING QUALITY

The purpose of the standard is to define the quality requirements of watermelons, after preparation and packaging.

A.   Minimum quality requirements

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

The development and condition of the watermelons must be such as to enable them:

B.   Minimum maturity requirements

The watermelons must be sufficiently developed and display satisfactory ripeness. The refractometric index of the pulp measured at the middle point of the fruit flesh at the equatorial section must be greater than or equal to 8o Brix.

C.   Classification

Watermelons are classified in two classes defined below.

III.   PROVISIONS CONCERNING SIZING

Size is determined by the weight per unit. The minimum weight is fixed at 1 kg.

When watermelons are presented in packages, the difference in weight between the lightest and the heaviest unit in the same package should not exceed 2 kg, or 3,5 kg if the lightest unit weighs 6 kg or more.

This relative uniformity of weight is not compulsory for watermelons presented in bulk.

IV.   PROVISIONS CONCERNING TOLERANCES

Tolerances in respect of quality and size shall be allowed in each package, or in each lot for produce presented in bulk, for produce not satisfying the requirements of the class indicated.

A.   Quality tolerances

B.   Size tolerances

For all classes: 10 % by number or weight of watermelons not conforming to the size indicated, but no more than 1 kg above or below the size range specified.

The tolerance may in no case extend to fruit weighing less than 800 g.

V.   PROVISIONS CONCERNING PRESENTATION

A.   Uniformity

The contents of each package, or lot for produce presented in bulk, must be uniform and contain only watermelons of the same origin, variety and quality.

The visible part of the contents of the package, or lot for produce presented in bulk, must be representative of the entire contents.

In addition, in Class I, the shape and colour of the rind of the watermelons must be uniform.

Notwithstanding the preceding provisions in this point, products covered by this Regulation 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 watermelons 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, or lots for produce presented in bulk, must be free of all foreign matter.

Watermelons transported in bulk must be separated from the floor and walls of the vehicles by a suitable protective material, which must be new and clean and not liable to transfer any abnormal taste or smell to the fruit.

C.   Presentation

The watermelons may be presented:

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.

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.

For watermelons transported in bulk (direct loading into a transport vehicle) these particulars must appear on a document accompanying the goods, and attached in a visible position inside the transport vehicle.

For this type of presentation the indication of the size is not compulsory.

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)

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

(2)  Seedless watermelons may contain underdeveloped seeds and occasional developed seeds.

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