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COMMISSION REGULATION (EEC) No 1764/86
of 27 May 1986
on minimum quality requirements for tomato-based products eligible for production aid
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 426/86 of 24 February 1986 on the common organization of the market in products processed from fruit and vegetables (1), and in particular Article 6 (4) thereof,
Whereas Article 2 (1) of Regulation (EEC) No 426/86 provides for a system of production aid for certain products; whereas Article 6 (1) (b) of the Regulation lays down that aid shall be paid only for products which meet minimum quality standards to be laid down;
Whereas the aim of such quality requirements is to avoid production of products for which no demand exists or products which would create distortion of the market; whereas the requirements must be based on traditional fair manufacturing procedures;
Whereas with a view to implementing the production aid system this Regulation must be applied in conjunction with Commission Regulation (EEC) No 1599/84 of 5 June 1984 laying down detailed rules for the application of production aid for products processed from fruit and vegetables (2), as last amended by Regulation (EEC) No 1155/86 (3), in particular as regards examination of the processed products;
Whereas the quality requirements laid down in this Regulation are measures for implementing the production aid system; whereas quality requirements for the marketing of the products are not yet established by the Community; whereas national requirements to that end may continue to be applied by the Member States, provided they are compatible with the provisions of the Treaty on the free movement of goods;
Whereas the Management Committee for Products Processed from Fruit and Vegetables has not delivered an opinion within the time limit set by its Chairman,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation lays down the minimum quality requirements which tomato-based products, as defined in Article 1 (2) of Regulation (EEC) No 1599/84, shall meet in order to benefit from the production aid provided for in Article 2 (1) of Regulation (EEC) No 426/86.
Article 2
For the manufacture of the products referred to in Article 1 only fresh, red, healthy, ripe, sound and clean tomatoes (fruit of Lycopersicum esculentum P. Mill), suitable for processing, shall be used and, where applicable, only the varieties provided for in Article 1 (2) of Regulation (EEC) No 1599/84.
TITLE I
Requirements for peeled tomatoes
Article 3
For the purposes of this Title 'peeled tomatoes' means:
- whole and non-whole peeled frozen tomatoes, and
- whole and non-whole peeled preserved tomatoes
as defined in Article 1 (2) (h), (ij), (k), and (l) of Regulation (EEC) No 1599/84.
Article 4
1. Only the following ingredients may be added to peeled tomatoes:
- water,
- tomato juice,
- tomato concentrate,
- common salt (sodium chloride),
- natural spices, aromatic herbs and their extracts, and natural aromas.
As additives in the manufacture of peeled tomatoes only citric acid (E 330) and calcium chloride (509) may be used.
2. The quantity of added common salt must not exceed 3 % of the net weight and when calcium chloride is added, the total calcium-ion content must not exceed 0,045 % in whole style and 0,080 % in non-whole style. When determining the quantity of added common salt, the natural content of chlorides shall be considered as equal to 2 % of the dry weight content.
3. Added tomato juice and tomato concentrate shall meet the minimum requirements laid down in Title II.
Article 5
1. Peeled tomatoes shall be free from flavours and odours foreign to the product and their colour shall be characteristic for the variety used and for properly processed peeled tomatoes.
2. Peeled tomatoes shall be practically free from peel, Whole peeled tomatoes shall also be practically free from blemished units.
3. The mould count of peeled tomatoes (the tomatoes and the covering liquid) shall not exceed 50 % positive fields and the pH level shall not exceed 4,5.
Article 6
1. The products shall be considered as complying with Article 5 (2) when the following tolerances for defects are not exceeded:
- blemishes: 35 cm2 aggregate area;
- peel:
- whole style: 300 cm2 aggregate area,
- non-whole: 1 250 cm2 aggregate area.
The tolerances fixed are per 10 kg net weight.
2. For the purposes of paragraph 1:
(a) 'blemishes' means areas into which lesions on the surface have penetrated and as a result thereof contrast strongly in colour or texture with the normal tomato tissue and should normally have been removed during processing;
(b) 'peel' means both peel adhering to the tomato flesh and peel found loose in the container.
Article 7
1. In respect of peeled preserved tomatoes the tomatoes and covering liquid in a container shall occupy not less than 90 % of the water capacity of the container.
2. The drained net weight of whole peeled preserved tomatoes shall on average be at least equal to 56 % of the water capacity, expressed in grams, of the container.
3. When peeled preserved tomatoes are packed in glass containers the water capacity shall be reduced by 20 ml before the percentages referred to in paragraphs 1 and 2 are calculated.
TITLE II
Requirements for tomato juice and tomato
concentrate
Article 8
For the purposes of this Title 'tomato juice' and 'tomato concentrate' mean the products defined in Article 1 (2) (n) and (o) of Regulation (EEC) No 1599/84.
Article 9
1. Only the following ingedients may be added to tomato juice and tomato concentrate:
- common salt (sodium chloride),
- natural spices, aromatic herbs and their extracts, and natural aromas.
2. As an additive in the manufacture of tomato juice and tomato concentrate citric acid (E 330) may be used. Furthermore, in the manufacture of:
- tomato juice with a dry weight content of less than 7 %, ascorbic acid (E 300) may be used. However, the ascorbic acid content shall not exceed 0,03 % by weight of the finished product,
- tomato concentrate in powder form, silicon dioxide (551) may be used. However, the silicon dioxide content shall not exceed 1 % by weight of the finished product.
3. The quantity of added common salt shall not exceed:
(a) 15 % by weight of the dry weight content for tomato concentrate having a dry weight content exceeding 20 %; and
(b) 3 % by weight of the net weight for other tomato concentrates and for tomato juice.
When determining the quantity of added common salt, the natural content of chlorides shall be considered as equal to 2 % of the dry weight content.
Article 10
1. Tomato juice and tomato concentrate shall have:
(a) a characteristic red colour; and
(b) a good flavour, characteristic of a properly processed product.
The products shall be free of any foreign taste, in particular the taste of burned or caramelized product. 2. Tomato juice and tomato concentrate shall be:
(a) free of visible extraneous plant material, including skin, seeds and other coarse parts of tomatoes;
(b) practically free of mineral impurities.
3. The requirements provided for in paragraph 2 are considered as complied with when:
(a) any extraneous plant materials can be established only by intensive examination by the naked eye; and
(b) the mineral impurities content does not exceed 0,1 % of the dry weight content, reduced by any added common salt and, in respect of tomato concentrate in powder form, any added silicon dioxide.
4. Tomato juice and tomato concentrate shall have:
(a) an evenly divided texture and consistency indicating proper processing practices;
(b) a sugar content expressed as invert sugar of at least 42 % by weight of the dry weight content reduced by any added common salt;
(c) a total titratable acidity, expressed as crystallized monohydrate citric acid, not exceeding 10 % by weight of the dry weight content reduced by any added common salt;
(d) a volatile acidity, expressed as acetic acid not exceeding 0,4 % by weight of the dry weight content, reduced by any added common salt;
(e) a pH level not exceeding 4,5.
5. The mould count of tomato juice and tomato concentrate shall, when diluted with water to reach 8 % dry weight content, not exceed 70 % positive fields. For tomato juice with a dry weight content of less than 8 %, the percentage of positive fields shall be reduced proportionally to the dry weight content.
TITLE III
Requirements for tomato flakes
Article 11
For the purposes of this Title 'tomato flakes' means the product defined in Article 1 (2) (m) of Regulation (EEC) No 1599/84.
Article 12
1. Tomato flakes shall have:
(a) a characteristic red colour; and
(b) a good flavour, characteristic of a properly processed product; and
(c) be free from flavours and odours foreign to the product.
2. The dry weight content of tomato flakes shall be at least 93 %.
3. The content of mineral and vegetable impurities together shall not exceed 1 % by weight of the product. For this purpose, 'vegetable impurities' means plant material visible by the naked eye which is not part of the tomato itself or which has been attached to the fresh tomato but should have been removed during processing, in particular tomato leaves, stalks, calyx bracts.
4. As an additive in the manufacture of tomato flakes only silicon dioxide (551) may be used. However, the silicon dioxide content shall not exceed 1 % by weight.
5. The mould count of tomato flakes shall, when homogenized in water to reach 8 % dry weight content, not exceed 70 % positive fields.
TITLE IV
Requirements as to containers and verification
Article 13
1. Containers with preserved peeled tomatoes, whole or non-whole, and tomato juice shall be marked with a reference identifying the date and year of production and the processor. In cases where tomato juice processed on different dates has been stored together before packing, the marking shall allow identification of all the production dates.
2. The provisions of paragraph 1 shall also apply to other tomato-based products when such products at the moment of processing are packed in the container in which they are intended to leave the processor's premises. In cases where such products are stored in tanks or similar containers for subsequent packing or reprocessing, the date or dates of production shall be indicated on the containers. When such products are packed in their ultimate containers, these containers shall bear a reference allowing identification of the production date or dates and the processor.
3. The marking referred to in this Article may be in code form and shall be approved by the competent authorities in the Member State where production takes place. These authorities may adopt additional provisions as to the marking itself.
Article 14
The processor shall daily and at regular intervals during the processing period verify that the products comply with the requirements for eligibility from aid. The result of the verifications shall be recorded. Article 15
1. The methods of analysis for determining:
(a) dry weight content;
(b) natural soluble solids;
(c) salt content;
(d) sugars content;
(e) total acidity;
(f) volatile acidity;
(g) mineral impurities content;
(h) pH level;
(i) calcium ion content; and
(j) silicon dioxide content
are laid down in the Annex.
2. Mould count shall be determined in accordance with the AOAC (Association of Official Analytical Chemists) method (Howard mould count).
3. The methods referred to in paragraphs 1 and 2 shall be used for definitive determination of the elegibility for production aid. Other methods may be used for routine analysis.
Article 16
This Regulation shall enter into force on 1 July 1986.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 May 1986.