2004R0086 — EN — 20.05.2004 — 001.001 — 1
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►B COMMISSION REGULATION (EC) No 86/2004
of 15 January 2004
laying down the marketing standard for pears
(OJ L 13, 20.1.2004, p. 19)
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 86/2004
of 15 January 2004
laying down the marketing standard for pears
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),
Whereas:
(1) Pears 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 1619/2001 laying down the marketingstandard for apples and pears and amending Regulation (EEC)
No 920/89 (
2) lays down a marketing standard common to apples
and pears.
(2) The Working Party on Standardisation of Perishable Produce andQuality Development of the United Nations Economic Commis-sion for Europe (UN/ECE) having decided, in the interest ofclarity, that the rules on pears should be separated from those
on apples, Regulation (EC) No 1619/2001 has been repealed by
Commission Regulation (EC) No 85/2004 of 15 January 2004laying down the marketing standard for apples (
3). A new
marketing standards for pears should be adopted accordingly.
(3) Application of these new standards should remove products ofunsatisfactory quality from the market, bring production intoline with consumer requirements and facilitate trade based on
fair competition, 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 ortheir perishable nature. Account should be taken of such dete-
rioration when applying the standard at the marketing stages
following dispatch.
(5) 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.
(6) The measures provided for in this Regulation are in accordancewith the opinion of the Management Committee for Fresh Fruit
and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
The marketing standard for pears, falling within CN code ex 0808 20,
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,2004R0086 — 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 215, 9.8.2001, p. 3. Regulation amended by Regulation (EC) No 46/
2003 (OJ L 7, 11.1.2003, p. 61).
(3) See page 3 of this Official Journal.
▼B
— for products graded in classes other than the ‘Extra’ class, slight
deteriorations due to their development and their tendency to perish.
Article 2
This Regulation shall enter into force on the 20th day following 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.2004R0086 — EN — 20.05.2004 — 001.001 — 3
▼B
ANNEX
STANDARD FOR PEARS
I. DEFINITION OF PRODUCE
This standard applies to pears of varieties (cultivars) grown from Pyrus
communis L. to be supplied fresh to the consumer, pears for industrial
processing being excluded.
II. PROVISIONS CONCERNING QUALITY
The purpose of the standard is to define the quality requirements of pears,
after preparation and packaging.
A. Minimum requirements
In all classes, subject to the special provisions for each class and the toler-
ances allowed, pears must be:
— intact,
— sound; produce affected by rotting or deterioration such as to make it
unfit for consumption is excluded,
— clean, practically free of any visible foreign matter,
— practically free from pests,— practically free from damage caused by pests,
— free of abnormal external moisture,
— free of any foreign smell and/or taste.
In addition, they must have been carefully picked.The development and condition of the pears must be such as to enable
them:
— to continue their ripening process and to reach the degree of ripeness
required in relation to the varietal characteristics,
— to withstand transport and handling and
— to arrive in satisfactory condition at the place of destination.
B. Classification
Pears are classified in three classes defined below.
(i) ‘Extra’ Class
Pears in this class must be of superior quality. In shape, size and
colouring, they must be characteristic of the variety and the stalk
must be present and intact.
The flesh must be perfectly sound, and the skin free from rough
russeting (
1).
They must be free from defects with the exception of very slight super-
ficial defects provided these do not affect the general appearance of the
fruit, the quality, the keeping quality and presentation in the package.
Pears must not be gritty.
(ii) Class I
Pears in this class must be of good quality. In shape, size and
colouring, they must be characteristic of the variety.
The flesh must be perfectly sound, and the skin free from rough
russeting (1).
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 development,
— a slight defect in colouring,2004R0086 — EN — 20.05.2004 — 001.001 — 4
(1) This does not apply when this russeting is a characteristic of the variety.
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— slight skin defects which must not extend over more than:
— 2 cm in length for defects of elongated shape,
—1 c m2of total surface area for other defects, with the exception
of scab ( Venturia pirina and V. inaequalis ), which must not
extend over more than 0,25 cm2of total surface area,
— slight bruising not exceeding 1 cm2of total surface area and not
discoloured.
The stalk may be slightly damaged.
Pears must not be gritty.
(iii) Class II
This class includes pears which do not qualify for inclusion in the
higher classes but satisfy the minimum requirements specified above.
The flesh must be free from major defects.
The following defects are allowed provided the fruit retains its essen-
tial characteristics as regards the quality, the keeping quality and
presentation:
— defects in shape,
— defects in development,
— defects in colouring,
— slight rough russeting (1),
— skin defects which must not extend over more than:
— 4 cm in length for defects of elongated shape,
— 2,5 cm2of total surface area for other defects, with the excep-
tion of scab ( Venturia pirina and V. inaequalis ), which must
not extend over more than 1 cm2of total surface area,
— slight bruising not exceeding 1 cm2of total surface area which
may be slightly discoloured.
III. PROVISIONS CONCERNING SIZING
Size is determined by maximum diameter of the equatorial section.
A minimum size is required for each class as follows:
'Extra' Class I Class II
Large fruited varieties (1) 6 0m m 5 5m m 5 5m m
Other varieties 55 mm 50 mm 45 mm
(1) A non-exhaustive list of large fruited and summer pear varieties is included in the
Appendix to this standard
Exceptionally, and for summer pears included in the Appendix to this stan-
dard, no minimum size will be laid down for consignments harvested anddispatched between 10 June and 31 July (inclusive) of any year.
To ensure there is uniformity of size within a package, the difference in
diameter between fruit in the same package shall be limited to:
— 5 mm for Extra Class fruit and for Class I and II fruit packed in rows
and layers,
— 10 mm for Class I fruit packed loose in the package or in sales
packages.
There is no sizing uniformity limit for Class II fruit packed loose in the
package or in sales packages.
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.2004R0086 — EN — 20.05.2004 — 001.001 — 5
(1) This does not apply when this russeting is a characteristic of the variety.
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A. Quality tolerances
(i) ‘Extra’ Class
5 per cent by number or weight of pears not satisfying the require-
ments of the class, but meeting those of Class I or, exceptionally,
coming within the tolerances of that class.
(ii) Class I
10 per cent by number or weight of pears not satisfying the require-
ments of the class, but meeting those of Class II, or exceptionally,
coming within the tolerances of that class. However, pears without
stalks are not included in this tolerance.
(iii) Class II
10 per cent by number or weight of pears satisfying neither the
requirements 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, a maximum of 2 per cent by number or weight
of fruit is allowed which shows the following defects:
— slight damage or unhealed cracks,
— very slight traces of rot,— presence of internal feeding pests and/or damage to the flesh
caused by pests.
B. Size tolerances
For all classes:10 per cent by number or weight of fruit corresponding to the size immedi-
ately above or below that marked on the package, with, for fruit classified
in the smallest grade allowed a maximum variation of 5 mm below the
minimum.
V. PROVISIONS CONCERNING PRESENTATIONA. Uniformity
The contents of each package must be uniform and contain only pears of
the same origin, variety, quality and size (if sized) and the same degree of
ripeness.
In the case of the ‘Extra’ Class, uniformity also applies to colouring.The visible part of the contents of the package must be representative of the
entire contents.
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 fruits and vegetables on the
conditions laid down by Commission Regulation (EC) No 48/2003 (
1).
B. Packaging
The pears 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 specifi-
cations is allowed provided the printing or labelling has been done with
non-toxic ink or glue.
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.
C. Presentation
‘Extra’ Class fruit must be packed in layers.2004R0086 — EN — 20.05.2004 — 001.001 — 6
(1) OJ L 7, 11.1.2003, p. 65.▼M1
▼B
▼B
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 dispatcherThis 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
— ‘Pears’ if the contents are not visible from the outside,
— name of the variety.
C. Origin of produce
Country of origin and, optionally, district where grown, or national, regional
or local place name.
D. Commercial specifications
— Class,
— size or, for fruit packed in rows and layers, number of units.
If identification is by the size, this should be expressed:
(a) for produce subject to the uniformity rules, as minimum and maximum
diameters;
(b) for produce not subject to the uniformity rules, the diameter of the
smallest fruit in the package followed by ‘and over’ or equivalent
denomination or, if appropriate, the diameter of the largest fruit in the
package.
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.2004R0086 — EN — 20.05.2004 — 001.001 — 7
▼M1
▼B
▼M1
▼B
Appendix
1. SIZE CRITERIA
L = Large fruited variety
SP = Summer pear, for which no minimum size is required in respect of
consignments harvested and dispatched between 10 June and 31 July
of any year.
2. NON-EXHAUSTIVE LIST OF LARGE FRUITED AND SUMMER PEAR
VARIETIES CLASSIFIED ACCORDING TO THEIR SIZE CRITERIA
Small fruited and other varieties which do not appear in the list may be
marketed as long as they meet the size requirements for other varieties as
described in section III of the standard.
Some of the varieties listed in the following may be marketed under trade
names for which trademark protection has been sought or obtained in one
or more countries. The first and second columns of the table hereunder do
not intend to include such trade names. Reference to known trademarks
have been included in the third column for information only.
Variety Synonyms Trade names Size
Abbé Fétel Abate Fetel L
Abugo o Siete en Boca SP
Akςa SP
Alka L
Alsa L
Amfora L
Alexandrine Douillard L
Bergamotten SP
Beurré Alexandre Lucas Lucas LBeurré Bosc Bosc, Beurré d'Apre-
mont, Empereur Alex-
andre, Kaiser AlexandreL
Beurré Clairgeau L
Beurré d'Arenberg Hardenpont L
Beurré Giffard SPBeurré précoce Morettini Morettini SPBlanca de Aranjuez Agua de Aranjuez,
Espadona, BlanquillaSP
Carusella SP
Castell Castell de Verano SP
Colorée de juillet Bunte Juli SP
Comice rouge LConcorde L
Condoula SP
Coscia Ercolini SP2004R0086 — EN — 20.05.2004 — 001.001 — 8
▼B
Variety Synonyms Trade names Size
Curé Curato, Pastoren, Del
cura de Ouro, Espadon
de invierno, Bella de
Berry, Lombardia de
Rioja, Batall de
CampanaL
D'Anjou L
Dita L
D. Joaquina Doyenné de juillet SP
Doyenné d'hiver Winterdechant LDoyenné du comice Comice, Vereinsdechant L
Erika L
Etrusca SP
Flamingo L
Forelle L
Général Leclerc Amber Grace
TML
Gentile SP
Golden Russet Bosc L
Grand champion L
Harrow Delight LJeanne d'Arc L
Josephine L
Kieffer L
Leonardeta Mosqueruela,
Margallon, Colorada de
Alcanadre, Leonarda de
MagallonSP
Lombacad Cascade
®L
Moscatella SP
Mramornaja Mramornoje L
Mustafabey SP
Packham's Triumph Williams d'Automne L
Passe Crassane Passa Crassana L
Perita de San Juan SPPérola SP
Pitmaston Williams Duchesse L
Précoce de Trévoux Trévoux SP2004R0086 — EN — 20.05.2004 — 001.001 — 9
▼B
Variety Synonyms Trade names Size
Président Drouard L
Rosemarie L
Santa Maria Santa Maria Morettini SP
Spadoncina Agua de Verano, Agua
de AgostoSP
Taylors Gold L
Triomphe de Vienne L
Williams Bon Chrétien Bon Chrétien, Bartlett,
Williams, Summer
BartlettL2004R0086 — EN — 20.05.2004 — 001.001 — 10