2004R0214 — EN — 20.05.2004 — 001.001 — 1
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►B COMMISSION REGULATION (EC) No 214/2004
of 6 February 2004
laying down the marketing standard for cherries
(OJ L 36, 7.2.2004, p. 6)
Amended by:
Official Journal
No page date
►M1 Commission Regulation (EC) No 907/2004 of 29 April 2004 L 163 50 30.4.2004
▼B
COMMISSION REGULATION (EC) No 214/2004
of 6 February 2004
laying down the marketing standard for cherries
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 vegeta-bles (
1), and in particular Article 2(2) thereof,
Whereas:
(1) Cherries are among the products listed in Annex I to Regulation
(EC) No 2200/96 for which standards must be adopted. In theinterest of clarity, Commission Regulation (EEC) No 899/87 of30 March 1987 laying down quality standards for cherries (
2),
which has been amended several times, should be repealed and
replaced by a new regulation. To that end, and in the interest of
preserving transparency on the world market, account should betaken of the UN/ECE standard FFV-13 concerning marketingand quality control of cherries recommended by the WorkingParty on Standardisation of Perishable Produce and QualityDevelopment of the United Nations Economic Commission for
Europe (UN/ECE).
(2) Application of these new standards should remove products of
unsatisfactory quality from the market, bring production intoline with consumer requirements and facilitate trade based onfair competition, thereby helping to improve profitability.
(3) The standards are applicable at all marketing stages. Long-distance transport, storage over a certain period and the variousprocesses the products undergo may cause some degree of dete-
rioration owing to the biological development of the products or
their perishable nature. Account should be taken of such dete-rioration when applying the standard at the marketing stagesfollowing dispatch.
(4) As products in the ‘Extra’ class have to be particularly carefullysorted and packaged, only lack of freshness and turgidity is to betaken into account in their case.
(5) 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 cherries falling within CN code 0809 20
shall be as set out in the Annex.
The standards 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; products graded in classes other than the ‘Extra’ class may
show in addition slight deteriorations due to their development andtheir tendency to perish.2004R0214 — EN — 20.05.2004 — 001.001 — 2
(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 200, 21.7.1987, p. 18. Regulation as last amended by Regulation (EC)
No 46/2003 (OJ L 7, 11.1.2003, p. 61).
▼B
Article 2
Regulation (EEC) No 899/87 is repealed
Article 3
This Regulation shall enter into force on the 20th day following that of
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.2004R0214 — EN — 20.05.2004 — 001.001 — 3
▼B
ANNEX
STANDARD FOR CHERRIES
I. DEFINITION OF PRODUCE
This standard applies to cherries, of varieties (cultivars) derived from
Prunus avium L., Prunus cerasus L., or hybrids thereof, to be supplied fresh
to the consumer, cherries for industrial processing being excluded.
II. PROVISIONS CONCERNING QUALITY
The purpose of this standard is to define the quality requirements for cher-
ries, after preparation and packaging.
A. Minimum requirements
In all classes, subject to the special provisions for each class and the toler-
ances allowed, the cherries must be:
— intact,
— fresh in appearance,— sound; produce affected by rotting or deterioration such as to make it
unfit for consumption is excluded,
— firm (according to the variety),— clean, practically free of any visible foreign matter,
— practically free from pests,
— practically free from damage caused by pests,— free from abnormal external moisture,— free of any foreign smell and/or taste,— with the stem attached (
1).
The cherries must be 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
Cherries are classified into three classes, defined below:
(i) ‘Extra’ Class
Cherries in this class must be of superior quality. They must be well
developed and have all the characteristics and the typical colouring of
the variety.
They must be free from defects with the exception of very slight super-
ficial skin 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
Cherries in this class must be of good quality. They must be character-
istic of the variety.
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 colouring.
They must be free of burns, cracks, bruises or defects caused by hail.
(iii) Class II
This class includes cherries which do not qualify for inclusion in the
higher classes, but satisfy the minimum requirements specified above.2004R0214 — EN — 20.05.2004 — 001.001 — 4
(1) Missing stems are allowed provided the skin is not damaged and there is no severe
leakage of juice in the case of sour cherries and cherries of the type ‘Picota’ or equiva-
lent denominations, which naturally lose the stem at harvest.
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The following defects may be allowed provided the cherries retain
their essential characteristics as regards the quality, the keeping quality
and presentation:
— defects in shape and colouring, on condition that they retain the
characteristics of the variety,
— small, healed surface scars, not likely to impair significantly the
appearance or the keeping quality of the fruit.
III. PROVISIONS CONCERNING SIZING
Size is determined by the maximum diameter of the equatorial section.
Cherries must have the following minimum sizes:
— ‘Extra’ Class: 20 mm,
— Classes I and II: 17 mm.
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 cherries not satisfying the requirements of
the class but meeting those of Class I, or exceptionally, coming within
the tolerances of that class, with the exception of overripe fruit. Within
this tolerance, not more than 2 % in total may consist of split and/or
worm-eaten fruit.
(ii) Class I
10 % by number or weight of cherries not satisfying the requirements
of the class but meeting those of Class II or, exceptionally, coming
within the tolerances of that class. Within this tolerance, not more
than 4 % may consist of split and/or worm-eaten fruit.
In addition to this, 10 % of cherries without stem are allowed provided
that the skin is not damaged and there is no severe leakage of juice.
(iii) Class II
10 % by number or weight of cherries satisfying neither the require-
ments 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, not more than 4 % in
total may consist of overripe and/or split and/or worm-eaten fruit. Not
more than 2 % in total may consist of overripe fruit.
In addition to this, 20 % of cherries without stem are allowed provided
that the skin is not damaged and there is no severe leakage of juice.
B. Size tolerances
For all classes: 10 % by number or weight of cherries not conforming to the
minimum size specified, provided, however, that the diameter is not less
than:
— 17 mm in the ‘Extra’ Class,
— 15 mm in Classes I and II.
V. PROVISIONS CONCERNING PRESENTATION
A. Uniformity
The contents of each package must be uniform and contain only cherries of
the same origin, variety and quality. The fruit must be of uniform size.
In addition, cherries in the ‘Extra’ Class must be of uniform colouring and
ripeness.
The visible part of the contents of the package must be representative of the
entire contents.2004R0214 — EN — 20.05.2004 — 001.001 — 5
▼B
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 cherries must be packed in such a way as to protect the produce prop-
erly.
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 and particularly of paper or stamps bearing trade speci-
fications is allowed provided that the printing or labelling has been done
with non-toxic ink or glue.
The 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 estab-
lished within the Community indicated in close connection with the
mention ‘Packed for:’ or an equivalent mention. In this case, the label-
ling 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
— ‘Cherries’, where the contents are not visible from the outside,
— ‘Sour Cherries’, where appropriate,
— ‘Picota’ or equivalent denomination where appropriate,
— 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.
E. Official control mark (optional)
Packages need not to bear the particulars mentioned in the first subpara-
graph, 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.2004R0214 — EN — 20.05.2004 — 001.001 — 6
(1) OJ L 7, 11.1.2003, p. 65.▼M1
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