Commission Regulation (EC) No 85/2004
of 15 January 2004
laying down the marketing standard for apples
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),
Whereas:
(1) Apples are among the products listed in Annex I to Regulation (EC) No 2200/96 for which standards must be adopted. Commission Regulation (EC) No 1619/2001 of 6 August 2001, laying down the marketing standard for apples and pears and amending Regulation (EEC) No 920/89(2), lays down a marketing standard common to apples and pears.
(2) In the interest of clarity, the Working Party on standardisation of perishable produce and quality development of the United Nations Economic Commission for Europe (UN/ECE) decided that the rules on apples should be separated from those on pears. In addition, it decided to update the UN/ECE standard FFV-50 concerning marketing and commercial quality control of apples with regards to the provisions concerning quality and sizing. In the interest of preserving transparency on the world market, Regulation (EC) No 1619/2001 should be repealed and two new marketing standards for apples and pears respectively, should be adopted accordingly.
(3) The main maturity criteria laid down by Regulation (EC) No 1619/2001 is the definition of a minimum size for apples. In view of the recent technical developments concerning methods for measuring firmness and sugar contents as well as emerging new markets for small-sized mature apples, the minimum size for apples applicable in the Community should be reduced, new maturity criteria such as sugar content and firmness ensuring that such a reduction of the minimum size does not imply fruits insufficiently mature and/or developed are placed on the market.
(4) More work being needed for the precise definition of these new criteria, taking into account the varietal characteristics as to the size of apples, the implementation of the reduction of the minimum size should be delayed until 1 August 2005 and provisional measures concerning sizing should be laid down until then
(5) Application of these new standards should remove products of unsatisfactory quality from the market, bring production into line with consumer requirements and facilitate trade based on fair competition, thereby helping to improve profitability.
(6) The standards are applicable at all marketing stages. Long-distance transport, storage over a certain period and the various processes the products undergo may cause some degree of deterioration owing to the biological development of the products or their perishable nature. Account should be taken of such deterioration when applying the standard at the marketing stages following dispatch.
(7) As products in the "Extra" class have to be particularly carefully sorted and packaged, only lack of freshness and turgidity is to be taken into account in their case.
(8) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fresh Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
The marketing standard for apples, falling within CN code ex 0808 10, shall be as set out in the Annex.
The standard shall apply at 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:
- a slight lack of freshness and turgidity,
- for products graded in classes other than the "Extra" class, slight deterioration due to their development and their tendency to perish.
Article 2
Until 31 July 2005, the following provisions apply with regards to sizing:
(a) when size is determined by diameter, a minimum diameter is required in all classes as follows:
>TABLE>
(b) when size is determined by weight, a minimum weight is required in all classes as follows:
>TABLE>
Article 3
Regulation (EEC) No 1619/2001 is deleted.
Article 4
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
The second and third subparagraph of point III of the Annex only apply as from 1 August 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 January 2004.