2001R1615 — EN — 31.01.2003 — 001.001 — 1
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►B COMMISSIONREGULATION(EC)No1615/2001
of7August2001
layingdownthemarketingstandardformelonsandamendingRegulation(EC)No1093/97
(OJ L 214, 8.8.2001, p. 21)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 46/2003 of 10 January 2003 L 7 61 11.1.2003
▼B
COMMISSIONREGULATION(EC)No1615/2001
of7August2001
laying down the marketing standard for melons and amending
Regulation(EC)No1093/97
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), as last amended by Commission Regulation (EC) No 911/
2001(2), and in particular Article 2(2) and Article 3(3) thereof,
Whereas:
(1)Melons are among the products listed in Annex I to Regulation
(EC) No 2200/96 for which standards must be adopted. Commis-
sion Regulation (EC) No 1093/97 of 16 June 1997 laying down
marketing standards applicable to melons and watermelons(3), as
amended by Regulation (EC) No 850/2000(4), has been amended
and can no longer ensure legal clarity.
(2)In the interest of clarity, the rules on melons should be separatedfrom those on other products under Regulation (EC) No 1093/97.The rules in question should therefore be recast and Annex I toRegulation (EC) No 1093/97 should be deleted. To that end, and
in the interest of preserving transparency on the world market,
account should be taken of the standard for melons recom-mended by the Working Party on Standardisation of PerishableProduce and Quality Development of the United NationsEconomic Commission for Europe (UN/ECE). This standardhas recently been amended to differentiate between the
minimum maturity criteria for Charentais melons and those for
other types of melon.
(3)Application of these standards should remove products of unsa-tisfactory quality from the market, bring production into linewithconsumer requirements and facilitate trade based on faircompetition, thereby helping to improve profitability.
(4)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.
(5)Article 3(3)(c) of Regulation (EC) No 2200/96 provides for thepossibility of derogation from the standards in force for fruit andvegetables produced in a given region which are sold by theretail trade of the region for well-established traditional localconsumption. Certain varieties of melon produced in Spain and
Portugal are traditionally sold in the region of production loose,
i.e. after being loaded directly into the means of transport or acompartment of the means of transport. This marketing practicewas the subject of Commission Regulations (EC) No 1332/97(
5)
and (EC) No 1438/97(6) derogating, for Portugal and Spain
respectively, from the marketing standards applicable to melons.
For clarification and simplification, these derogations should be
integrated into this Regulation and Regulations (EC) No 1332/97and (EC) No 1438/97 should be repealed.2001R1615 — EN — 31.01.2003 — 001.001 — 2
(1) OJ L 297, 21.11.1996, p. 1.
(2) OJ L 129, 11.5.2001, p. 3.
(3) OJ L 158, 17.6.1997, p. 21.
(4) OJ L 103, 27.4.2000, p. 21.
(5) OJ L 183, 11.7.1997, p. 6.
(6) OJ L 196, 24.7.1997, p. 64.
▼B
(6)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 melons, falling within CN code 0807 1900,
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 andturgidity, as well as slight deterioration due to their development and
their perishable nature.
Article 2
Notwithstanding the provisions of this Regulation, the following
melons may be sold loose in the region of production in that Member
State by the retail trade:
(a) melons produced in Portugal other than the Charentais, Ogen and
Galia types,
(b) melons withan elongated sh ape produced in Spain.
The document or, where appropriate, the notice referred to in Article
5(2) of Regulation (EC) No 2200/96 accompanying eachconsignment
must bear, in addition to the other information required, the followingindication: ‘For sale by the retail trade in … (region of production)only’.
Article 3
Regulation (EC) No 1093/97 is amended as follows:1. In the title, the words ‘melons and’ are deleted.
2. Article 1(1) is replaced by the following:
‘1. The marketing standard for watermelons, falling within CN
code 080711 00, shall be as set out in the Annex.’
3. Annex I is deleted.4. In Annex II, the title is replaced by the following title: ‘Annex’.
Article 4
Regulations (EC) No 1332/97 and (EC) No 1438/97 are repealed.References to the repealed regulations shall be understood as references
to this Regulation.
Article 5
This Regulation shall enter into force on the 20th day following its
publication in the Official Journal of the European Communities .
It shall apply from 1 January 2002.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.2001R1615 — EN — 31.01.2003 — 001.001 — 3
▼B
ANNEX
STANDARDFORMELONS
I. DEFINITION OF PRODUCE
This standard applies to melons of varieties (cultivars) grown from Cucumis
meloL. to be supplied freshto th e consumer, melons for industrial proces-
sing being excluded.
II. PROVISIONS CONCERNING QUALITY
The purpose of the standard is to define the quality requirements for
melons, after preparation and packaging.
A.Minimumrequirements
In all classes, subject to the special provisions for each class and the
tolerances allowed, the melons must be:
— intact(1),
— sound; produce affected by rotting or deterioration suchas to make
it unfit for consumption is excluded,
— clean, practically free from any visible foreign matter,
— freshin appearance,
— practically free from pests,
— practically free from damage caused by pests,— firm,
— free of abnormal external moisture,
— free of any foreign smell and/or taste.
The melons must be sufficiently developed and display satisfactory ripe-
ness(
2).
The development and condition of the melons 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
Melons are classified in two classes defined below:
(i)Class I
Melons in this class must be of good quality. They must be charac-
teristic of the variety or commercial type.
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 (a pale colouring of the rind at the
point where the fruit touched the ground while growing is not
regarded as a defect),
— slight skin blemishes due to rubbing or handling,
— slight healed cracks around the peduncle of less than 2 cm in
length that do not reach the pulp.
Fruits harvested with their peduncle attached shall present a length
of peduncle of less than 2 cm.
(ii)Class II
This class includes melons which do not qualify for inclusion in
Class I, but satisfy the minimum requirements specified above.2001R1615 — EN — 31.01.2003 — 001.001 — 4
(1) However, a small healed scar caused by automatic measurement of the refractometric
index is not regarded as a defect.
(2) 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 10º Brix for Charentais melons
and 8º Brix for other melons.
▼B
The following defects may be allowed provided the melons retain
their essential characteristics as regards the quality, the keeping
quality and presentation:
— defects in shape,
— defects in colouring (a pale colouring of the rind at the point
where the fruit touched the ground while growing is not
regarded as a defect),
— slight bruising,
— slight cracks or deep scratches that do not affect the pulp of the
fruit and are dry,
— skin blemishes due to rubbing or handling.
III. PROVISIONS CONCERNING SIZING
Size is determined by the weight of one unit or by the diameter of the equa-
torial section.
The minimum sizes are as follows:
Sizingbyweight:
— Charentais, Ogen and Galia type melons: 250 g— Other melons: 300 g
Sizingbydiameter:
— Charentais, Ogen and Galia type melons: 7,5 cm
— Other melons: 8,0 cm
When the size is expressed by weight, the largest melon may not weigh
over 50 % (30 % for the Charentais type melons) more than the smallest.
When the size is expressed by diameter, the diameter of the largest melon
may not be over 20 % (10 % more for the Charentais type melons) more
than the diameter of the smallest.
Sizing is compulsory for bothclasses.
IV. PROVISIONS CONCERNING TOLERANCE
Tolerances in respect of quality and size shall be allowed in each package
for produce not satisfying the requirements of the class indicated.
A.Qualitytolerances
(i)Class I
10 % by number or weight of melons not satisfying the require-
ments of the class, but meeting those of Class II or, exceptionally,
coming within the tolerances of that class.
(ii)Class II
10 % by number or weight of melons 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.
B.Sizetolerances
For all classes: 10 % by number or weight of melons whose size is
greater or less than that specified.
V. PROVISIONS CONCERNING PRESENTATION
A.Uniformity
The contents of each package must be uniform and contain only melons of
the same origin, variety or commercial type, quality and size, and which
have reached appreciably the same degree of development and ripeness
and are of appreciably the same colour.
The visible part of the contents of the package must be representative of the
entire contents.2001R1615 — EN — 31.01.2003 — 001.001 — 5
▼M1
Notwithstanding the preceding provisions in this point, products covered by
this Regulation may be mixed, in sales packages of a net weight of less than
three kilograms, with different types of fresh fruit and vegetables on the
conditions laid down by Commission Regulation (EC) No 48/2003(1).
B.Packaging
Melons must be packed in sucha way as to protect th e produce prop-
erly.
The materials used inside the package must be new, clean and of a
quality suchas to avoid causing any external or internal damage to th e
produce. The use of materials, particularly paper or stamps, bearing
trade specifications is allowed provided the printing or labelling has
been done withnon-toxic ink or glue.
Packages must be free from all foreign matter.
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
Packer and/or dispatcher: name and address or officially issued or
accepted code mark. However, in the case where a code mark is used,
the reference ‘Packer and/or dispatcher (or equivalent abbreviations)’
must be indicated in close proximity to the code mark.
B.Natureofproduce
— ‘Melons’ if the contents are not visible from the outside.
— Name of the variety or commercial type (e.g. Charentais).
C.Origin ofproduce
Country of origin and, optionally, district where grown or national,
regional or local place name.
D.Commercial specifications
— Class.
— Size expressed in minimum and maximum weight or minimum and
maximum diameter.
— Number of units (optional).— Minimum sugar content, measured by refractometer and expressed in
degrees Brix (optional).
E.Official controlmark (optional)2001R1615 — EN — 31.01.2003 — 001.001 — 6
(1) OJ L 7, 11.1.2003, p. 65.▼B