02011R0543 — EN — 24.10.2022 — 030.001

This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document

Amended by:









▼B

COMMISSION IMPLEMENTING REGULATION (EU) No 543/2011

of 7 June 2011

laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors







TITLE I

INTRODUCTORY PROVISIONS

Article 1

Scope and use of terms

1. This Regulation lays down implementing rules for Regulation 1234/2007 as regards the fruit and vegetables and processed fruit and vegetables sectors.

However, Titles II and III of this Regulation shall only apply in respect of products of the fruit and vegetables sector as referred to in Article 1(1)(i) of Regulation (EC) No 1234/2007 and of such products intended solely for processing.

2. Terms used in Regulation (EC) No 1234/2007 shall have the same meaning when used in this Regulation unless this Regulation provides otherwise.

▼M29 —————

▼B







TITLE II

CLASSIFICATION OF PRODUCTS







CHAPTER I

General rules

Article 3

Marketing standards; holders

1. The requirements of Article 113a(1) of Regulation (EC) No 1234/2007 shall be the general marketing standard. The details of the general marketing standard are set out in Part A of Annex I to this Regulation.

Fruit and vegetables not covered by a specific marketing standard shall conform to the general marketing standard. However, where the holder is able to show that the products are in conformity with any applicable standards adopted by the United Nations Economic Commission for Europe (UNECE), they shall be considered as conforming to the general marketing standard.

2. The specific marketing standards referred to in Article 113(1)(b) of Regulation (EC) No 1234/2007 are set out in Part B of Annex I to this Regulation as regards the following products: (a) apples, (b) citrus fruit, (c) kiwifruit, (d) lettuces, curled leaved and broad-leaved endives, (e) peaches and nectarines, (f) pears, (g) strawberries, (h) sweet peppers, (i) table grapes, (j) tomatoes.

3. For the purposes of Article 113a(3) of Regulation (EC) No 1234/2007, ‘holder’ means any natural or legal person who is in physical possession of the products concerned.

Article 4

Exceptions and exemptions from the application of marketing standards

1. By way of derogation from Article 113a(3) of Regulation (EC) No 1234/2007, the following products shall not be required to conform to the marketing standards: (a) provided they are clearly marked with the words ‘intended for processing’ or ‘for animal feed’ or any other equivalent wording, products: (i) intended for industrial processing, or (ii) intended for animal feed or other non-food use; (b) products transferred by the producer on his holding to consumers for their personal use; ▼M18 (c) products recognised in a Commission Decision taken at the request of a Member State in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007 as products of a given region which are sold by the retail trade of that region or, in exceptional and duly justified cases, of that Member State, in case of well established traditional local consumption; ▼B (d) products having undergone a trimming or cutting making them ‘ready to eat’ or ‘kitchen ready’. (e) products marketed as edible sprouts, following germination of seeds of plants classified as fruit and vegetables under Article 1(1)(i) and Part IX of Annex I to Regulation (EC) No 1234/2007.

2. By way of derogation from Article 113a(3) of Regulation (EC) No 1234/2007, the following products shall not be required to conform to the marketing standards within a given production area: (a) products sold or delivered by the grower to preparation and packaging stations or storage facilities, or shipped from his holding to such stations; and (b) products shipped from storage facilities to preparation and packaging stations.

3. By way of derogation from Article 113a(3) of Regulation (EC) No 1234/2007, Member States may exempt from the specific marketing standards products presented for retail sale to consumers for their personal use and labelled ‘product intended for processing’ or with any other equivalent wording and intended for processing other than those referred to in paragraph 1(a)(i) of this Article.

4. By way of derogation from Article 113a(3) of Regulation (EC) No 1234/2007, Member States may exempt from the marketing standards products directly sold by the producer to the final consumer for personal use on markets reserved only for producers within a given production area defined by Member States.

5. By way of derogation from Article 113a(3) of Regulation (EC) No 1234/2007 as regards the specific marketing standards, fruit and vegetables other than the “Extra” Class, at stages following dispatch, may show a slight lack of freshness and turgidity and slight deterioration due to their development and their tendency to perish.

6. By way of derogation from Article 113a(3) of Regulation (EC) No 1234/2007, the following products shall not be required to conform to the general marketing standard: (a) non-cultivated mushrooms of CN code 0709 59 , (b) capers of CN code 0709 90 40 , (c) bitter almonds of CN code 0802 11 10 , (d) shelled almonds of CN code 0802 12 , (e) shelled hazelnuts of CN code 0802 22 , (f) shelled walnuts of CN code 0802 32 , (g) pine nuts of CN code 0802 90 50 , (h) pistachios of CN code 0802 50 00 , (i) macadamia of CN code 0802 60 00 , (j) pecans of CN code ex 0802 90 20 , (k) other nuts of CN code 0802 90 85 , (l) dried plantains of CN code 0803 00 90 , (m) dried citrus of CN code 0805 , (n) mixtures of tropical nuts of CN code 0813 50 31 , (o) mixtures of other nuts of CN code 0813 50 39 , (p) saffron of CN code 0910 20 .

7. Evidence shall be supplied to the competent authority of the Member State that the products covered by paragraphs 1(a) and 2 fulfil the conditions laid down, in particular with regard to their intended use.

Article 5

Information particulars

1. The information particulars required by this Chapter shall be shown legibly and obviously on one side of the packaging, either indelibly printed directly onto the package or on a label which is an integral part of the package or affixed to it.

2. For goods shipped in bulk and loaded directly onto a means of transport, the information particulars referred to in paragraph 1 shall be given in a document accompanying the goods or shown on a notice placed in an obvious position inside the means of transport.

3. In the case of distance contracts within the meaning of Article 2(1) of Directive 97/7/EC of the European Parliament and of the Council ( 1 ), conformity with the marketing standards shall require that the information particulars shall be available before the purchase is concluded.

4. Invoices and accompanying documents, excluding receipts for the consumer, shall indicate the name and the country of origin of the products and, where appropriate, the class, the variety or commercial type if required in a specific marketing standard, or the fact that it is intended for processing.

Article 6

Information particulars at the retail stage

1. At retail stage, the information particulars required by this Chapter shall be legible and conspicuous. Products may be presented for sale provided the retailer displays prominently, adjacent to and legibly the information particulars relating to country of origin and, where appropriate, class and variety or commercial type in such a way as not to mislead the consumer.

2. For products which are pre-packaged within the meaning of Directive 2000/13/EC of the European Parliament and of the Council ( 2 ), the net weight shall be indicated, in addition to all the information provided for in the marketing standards. However, in the case of products sold by number, the requirement to indicate the net weight shall not apply if the number of items may be clearly seen and easily counted from the outside or, if the number is indicated on the label.

▼M31

Article 7

Mixes

1. The marketing of packages of a net weight of 5 kg or less containing mixes of different species of fruits, of vegetables or of fruits and vegetables shall be allowed, provided that: (a) the products are of uniform quality and each product concerned complies with the relevant specific marketing standard or, where no specific marketing standard exists for a particular product, the general marketing standard; (b) the package is appropriately labelled, in accordance with this Chapter; and (c) the mix is not such as to mislead the consumer.

2. The requirements of paragraph 1(a) shall not apply to products included in a mix which are not products of the fruit and vegetables sector referred to in Article 1(2)(i) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council ( 3 ).

3. If the products in a mix originate in more than one Member State or third country, the full names of the countries of origin may be replaced with one of the following, as appropriate: (a) ‘mix of EU fruit’, ‘mix of EU vegetables’ or ‘mix of EU fruit and vegetables’; (b) ‘mix of non-EU fruit’, ‘mix of non-EU vegetables’ or ‘mix of non-EU fruit and vegetables’; (c) ‘mix of EU and non-EU fruit’, ‘mix of EU and non-EU vegetables’ or ‘mix of EU and non-EU fruit and vegetables’.

▼B







CHAPTER II

Checks on conformity to marketing standards







Section 1

General provisions

Article 8

Scope

This Chapter lays down rules on conformity checks, which shall mean the checks carried out on fruit and vegetables at all marketing stages, in order to verify that they conform to the marketing standards and other provisions of this Title and of Articles 113 and 113a of Regulation (EC) No 1234/2007.

Article 9

Coordinating authorities and inspection bodies

1. Each Member State shall designate: (a) a single competent authority responsible for coordination and contacts in the areas covered by this Chapter, hereinafter called ‘the coordinating authority’; and (b) an inspection body or bodies responsible for the application of this Chapter, hereinafter called ‘the inspection bodies’.

The coordinating authorities and inspection bodies referred to in the first subparagraph may be public or private. However, the Member States shall be responsible for them in either case.

2. The Member States shall notify the Commission of: (a) the name and postal and e-mail address of the coordinating authority they have designated pursuant to paragraph 1(a); (b) the name and postal and e-mail address of the inspection bodies they have designated pursuant to paragraph 1(b); and (c) the exact description of the respective spheres of activity of the inspection bodies they have designated.

3. The coordinating authority may be the inspection body or one of the inspection bodies or any other body designated pursuant to paragraph 1.

4. The Commission shall make publicly available the list of coordinating authorities designated by the Member States in the manner it considers appropriate.

Article 10

Trader database

1. Member States shall set up a database on traders in fruit and vegetables, which shall list, under the conditions established in this Article, traders involved in the marketing of fruit and vegetables for which standards have been laid down pursuant to Article 113 of Regulation (EC) No 1234/2007.

For this purpose, Member States may use any other database or databases already established for other purposes.

2. For the purpose of this Regulation, ‘trader’ means any natural or legal person who: (a) holds fruit and vegetables subject to marketing standards with a view to: (i) displaying or offering them for sale, (ii) selling them, or (iii) marketing them in any other manner, or (b) actually carries out any of the activities referred to in point (a) as regards fruit and vegetables subject to marketing standards.

The activities referred to in point (a) of the first subparagraph shall cover:

(a) distance selling whether by internet or otherwise,

(b) such activities carried out by the natural or legal person for itself or on behalf of a third party, and

(c) such activities carried out in the Union and/or by export to third countries and/or import from third countries.

3. Member States shall determine the conditions under which the following traders are to be included or not in the database: (a) traders whose activities are exempt from the obligation to comply with the marketing standards pursuant to Article 4; and (b) natural or legal persons whose activities in the fruit and vegetables sector are limited either to the transport of goods, or to the sale at the retail stage.

4. Where the trader database is composed of several distinct elements, the coordinating authority shall ensure that the database, its elements and their updating are uniform. The updating of the database shall be done in particular using the information collected during conformity checks.

5. The database shall contain for each trader: (a) the registration number, name and address; (b) information needed for its classification in one of the risk categories mentioned in Article 11(2), in particular, position in the marketing chain and information concerning the importance of the firm; (c) information concerning findings made during previous checks of each trader; (d) any other information considered necessary for checks such as information concerning the existence of a quality assurance system or self-check system related to the conformity to the marketing standards.

The updating of the database shall be carried out in particular using the information collected during conformity checks.

6. Traders shall provide the information that Member States consider necessary to set up and update the database. Member States shall determine the conditions under which traders not established in their territory but trading on it shall be listed in their database.







Section 2

Conformity checks carried out by the Member States

Article 11

Conformity checks

1. Member States shall ensure that conformity checks are carried out selectively, based on a risk analysis, and with appropriate frequency, so as to ensure compliance with the marketing standards and other provisions of this Title and of Articles 113 and 113a of Regulation (EC) No 1234/2007.

The criteria to assess the risk shall include the existence of a conformity certificate referred to in Article 14 issued by a competent authority of a third country where the conformity checks have been approved pursuant to Article 15. The existence of such certificate shall be considered as a factor reducing the risk of non-conformity.

The criteria to assess the risk may also include:

(a) the nature of the product, the period of production, the price of the product, the weather, the packing and handling operations, the storage conditions, the country of origin, the means of transport or the volume of the lot;

(b) the size of the traders, their position in the marketing chain, the volume or value marketed by them, their product range, the delivery area or the type of business carried out such as storage, sorting, packing or sale;

(c) findings made during previous checks including the number and type of defects found, the usual quality of products marketed, the level of technical equipment used;

(d) the reliability of traders’ quality assurance systems or self-checking systems related to the conformity to marketing standards;

(e) the place where the check is carried out, in particular if it is the point of first entry into the Union, or the place where the products are being packed or loaded;

(f) any other information that might indicate a risk of non-compliance.

2. The risk analysis shall be based on the information contained in the trader database referred to in Article 10 and shall classify traders in risk categories.

Member States shall lay down in advance:

(a) the criteria for assessing the risk of non-conformity of lots;

(b) on the basis of a risk analysis for each risk category, the minimum proportions of traders or lots and/or quantities which will be subject to a conformity check.

Member States may choose not to carry out selective checks on products not subject to specific marketing standards, based on a risk analysis.

3. Where checks reveal significant irregularities, Member States shall increase the frequency of checks in relation to traders, products, origins, or other parameters.

4. Traders shall provide inspection bodies with all the information those bodies judge necessary for organising and carrying out conformity checks.

Article 12

Approved traders

1. Member States may authorise traders classified in the lowest risk category and providing special guarantees on conformity to marketing standards to use the specimen in Annex II in the labelling of each package at the stage of dispatch and/or to sign the conformity certificate as referred to in Article 14.

2. The authorisation shall be granted for a period of at least one year.

3. Traders benefiting from this possibility shall: (a) have inspection staff who have received training approved by the Member States; (b) have suitable equipment for preparing and packing produce; (c) commit themselves to carry out a conformity check on the goods they dispatch and have a register recording all checks carried out.

4. Where an authorised trader no longer complies with the requirements for authorisation the Member State shall withdraw the authorisation.

5. ►M18 ◄ until stocks are exhausted. Notwithstanding paragraph 1, authorised traders may continue to use specimens which conformed to Regulation (EC) No 1580/2007 on21 June 2011until stocks are exhausted.

Authorisations granted to traders before ►M18 22 June 2011 ◄ shall continue to apply for the period for which they were granted.

Article 13

Acceptance of declarations by customs

1. Customs may only accept export declarations and/or declarations for the release for free circulation for the products subject to specific marketing standards if: (a) the goods are accompanied by a conformity certificate, or (b) the competent inspection body has informed the customs authority that the lots concerned have been issued a conformity certificate, or (c) the competent inspection body has informed the customs authority that it has not issued a conformity certificate for the lots concerned because they do not needed to be checked in the light of the risk assessment referred to in Article 11(1).

This shall be without prejudice to any conformity checks the Member State may carry out pursuant to Article 11.

2. Paragraph 1 shall also apply to products subject to the general marketing standard set out in Part A of Annex I and products referred to in Article 4(1)(a) if the Member State concerned considers it necessary in the light of the risk analysis referred to in Article 11(1).

Article 14

Certificate of conformity

1. Certificates of conformity may be issued by a competent authority to confirm that the products concerned conform to the relevant marketing standard (hereinafter referred to as ‘certificate’). The certificate for use by competent authorities in the Union is set out in Annex III.

Instead of certificates issued by competent authorities in the Union, the third countries referred to in Article 15(4) may use their own certificates provided that they contain at least equivalent information to the Union certificate. The Commission shall make available, by the means it considers appropriate, specimens of such third country certificates.

2. The certificates may be issued either in paper format with original signature or in verified electronic format with electronic signature.

3. Each certificate shall be stamped by the competent authority and signed by the person or persons empowered to do so.

4. The certificate shall be issued in at least one of the official languages of the Union.

5. Each certificate shall bear a serial number, by which it can be identified. A copy of each issued certificate shall be retained by the competent authority.

6. Notwithstanding the first subparagraph of paragraph 1, Member States may continue to use certificates which conformed to Regulation (EC) No 1580/2007 on 30 June 2009 until stocks are exhausted.







Section 3

Conformity checks carried out by third countries

Article 15

Approval of conformity checks carried out by third countries prior to import into the Union

▼M18

1. At the request of a third country, the Commission may, in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007, approve checks on conformity to marketing standards carried out by that third country prior to import into the Union.

▼B

2. The approval referred to in paragraph 1 may be granted to third countries where the Union marketing standards, or at least equivalent standards, are met for products exported to the Union.

The approval shall specify the official authority in the third country under the responsibility of which checks referred to in paragraph 1 are carried out. That authority shall be responsible for contacts with the Union. The approval shall also specify the third country inspection bodies in charge of the proper checks.

The approval may only apply to products originating in the third country concerned and may be limited to certain products.

3. The third country inspection bodies shall be official bodies or bodies officially recognised by the authority referred to in paragraph 2 which provide satisfactory guarantees and dispose of the necessary personnel, equipment and facilities to carry out checks according to the methods referred to in Article 17(1) or equivalent methods.

4. The third countries where the conformity checks have been approved under this Article, and the products concerned, shall be set out in Annex IV.

The Commission shall make available, by the means it considers appropriate, details of the official authorities and inspection bodies concerned.

Article 16

Suspension of approval of the conformity checks

The Commission may suspend approval of the conformity checks if it is found that, in a significant number of lots and/or quantities, the goods do not correspond to the information in the certificates of conformity issued by the third country inspection bodies.







Section 4

Methods of inspection

Article 17

Methods of inspection

1. The conformity checks provided for in this Chapter, with the exception of those at the point of retail sale to the end consumer, shall be carried out in accordance with the methods of inspection laid down in Annex V, save as otherwise provided in this Regulation.

Member States shall lay down specific arrangements for checking conformity at the point of retail sale to the end consumer.

2. Where inspectors find that the goods conform with the marketing standards, the inspection body may issue a certificate of conformity as set out in Annex III.

3. Where the goods do not conform with the standards, the inspection body shall issue a finding of non-conformity for the attention of the trader or their representatives. Goods for which a finding of non-conformity has been issued may not be moved without the authorisation of the inspection body which issued that finding. That authorisation can be subject to the respect of conditions laid down by the inspection body.

Traders may decide to bring all or some of the goods into conformity. Goods brought into conformity may not be marketed before the competent inspection body has ensured by all appropriate means that the goods have actually been brought into conformity. The competent inspection body shall issue, where applicable, a certificate of conformity as set out in Annex III for the lot or part thereof only after the goods have been brought into conformity.

If an inspection body accepts a trader’s wish to bring the goods into conformity in a Member State other than that where the check leading to a finding of non-conformity has been carried out, the trader shall notify the competent inspection body of the destination Member State of the non-conforming lot. The Member State issuing the finding of non-conformity shall send a copy of that finding to the other Member States concerned including the Member State of destination of the non-conforming lot.

Where the goods can neither be brought into conformity nor sent to animal feed, industrial processing or any other non-food use, the inspection body may, if necessary, request traders to take adequate measures in order to ensure that the products concerned are not marketed.

Traders shall supply all information deemed necessary by Member States for the application of this paragraph.







Section 5

Notifications

Article 18

Notifications

1. A Member State where a consignment from another Member State is found not to conform with the marketing standards because of defects or deterioration which could have been detected at the time of packaging shall notify forthwith the Commission and the Member States likely to be concerned.

2. A Member State where a lot of goods from a third country has been rejected from release into free circulation because of non-compliance with the marketing standards shall notify forthwith the Commission, the Member States likely to be concerned and the third country concerned and listed in Annex IV.

3. Member States shall notify the Commission of their provisions of inspection and risk analysis systems. They shall inform the Commission of any subsequent amendments to those systems.

4. Member States shall notify the Commission and the other Member States of the summarised results of the inspections at all marketing stages in a given year by 30 June of the following year.

5. The notifications referred to in paragraphs 1 to 4 shall be made by the means specified by the Commission.







TITLE III

PRODUCER ORGANISATIONS







CHAPTER I

Requirements and recognition

▼M29 —————

▼B







Section 4

Producer groups

Article 36

Submission of recognition plans

1. A legal entity or clearly defined part of a legal entity shall submit the recognition plan referred to in Article 125e(1) of Regulation (EC) No 1234/2007 to the competent authority of the Member State in which the entity has its head office.

2. Member States shall lay down: (a) the minimum criteria which the legal entity or clearly defined part of a legal entity shall meet to be able to submit a recognition plan; (b) the rules for the drafting, content and implementation of recognition plans; (c) the period during which a former member of a producer organisation shall be prohibited from joining a producer group after leaving the producer organisation in respect of the products for which the producer organisation was recognised; and (d) the administrative procedures for the approval, monitoring and fulfilling of recognition plans; and ▼M8 (e) the rules to avoid that a producer benefits from Union aid for producer groups for more than 5 years. ▼B

Article 37

Content of recognition plans

A draft recognition plan shall cover at least the following:

(a) a description of the initial situation, in particular as regards the number of producer members, giving full details of members, production, including the value of marketed production, marketing and infrastructure that is at the producer group’s disposal, including infrastructure owned by individual members of the producer group;

(b) the proposed date for starting implementation of the plan and its duration, which shall not exceed five years; and

(c) activities and investments to be implemented in order to achieve recognition.

▼M8

The investments referred to in point (c) of the first paragraph shall not include investments listed in Annex Va.

▼B

Article 38

Approval of recognition plans

▼M8

1. The competent authority of the Member State shall take one of the decisions referred to in paragraph 3 within three months of receipt of a draft recognition plan accompanied by all supporting documents. Member States may provide for a shorter deadline.

▼B

2. Member States may adopt additional rules concerning the eligibility of operations and expenditure under recognition plans, including rules on the eligibility of investments, for the purpose of achieving compliance by producer groups with the recognition criteria for producer organisations referred to in Article 125b(1) of Regulation (EC) No 1234/2007.

▼M8

3. Following the conformity checks referred to in Article 111, the competent authority of the Member State shall, as appropriate: (a) provisionally accept the plan and grant preliminary recognition; (b) request changes to the plan, including changes in relation to its duration. In particular, the Member State shall assess whether the phases proposed are not unduly long and demand modifications where a producer group could meet the recognition criteria for producer organisations before the end of the five-year period referred to in the third subparagraph of Article 125e(1) of Regulation (EC) No 1234/2007; (c) reject the plan, especially in the case where the legal entities or clearly defined parts of such entities applying for preliminary recognition as producer groups already meet the criteria for recognition as a producer organisation. Provisional acceptance may be granted, where necessary, only if the changes requested under point (b) have been incorporated in the plan.

▼M8

4. The competent authority of the Member State shall notify the Commission, by 1 July in any given year, of the decisions provisionally accepting recognition plans and the financial implications of those plans, using the templates set out in Annex Vb.

5. Once the allocation coefficients referred to in the second subparagraph of Article 47(4) have been set, the competent authority of the Member State shall provide the producer groups concerned with an opportunity to amend or withdraw their recognition plan. Where a producer group does not withdraw its plan the competent authority shall accept such plan definitively subject to such amendments as the competent authority may deem necessary.

6. The competent authority of the Member State shall notify the legal entity or clearly defined part of a legal entity of decisions referred to in paragraphs 3 and 5.

▼B

Article 39

Implementation of recognition plans

1. The recognition plan shall be implemented in annual segments starting on 1 January. Member States may allow producer groups to break down these annual segments into semestrial segments.

For the first year of implementation in accordance with the proposed date referred to in Article 37(b), the recognition plan shall begin:

(a) on 1 January following the date of its acceptance by the competent authority of the Member State; or

(b) on the first calendar day following the date of its acceptance.

The first year of implementation of the recognition plan shall in any event end on 31 December of the same year.

▼M8

2. Member States shall set the conditions under which producer groups may request changes to plans during their implementation. Those requests shall be accompanied by all the necessary supporting documents.

Member States shall determine the conditions under which recognition plans may be amended during an annual or semestrial segment without prior approval by the competent authority of the Member State. Those changes shall only be eligible for aid if they are communicated by the producer group to the competent authority of the Member State without delay.

Producer groups may be authorised by the competent authority of the Member State, during a given year and in respect of that year, to increase the total amount of expenditure laid down in a recognition plan by a maximum of 5 % of the amount initially approved, or to decrease it by a maximum percentage to be fixed by Member States, in both cases provided that the overall objectives of the recognition plan are maintained and provided that the overall Union expenditure at the level of the Member State concerned does not exceed the amount of Union contribution allocated to that Member State in accordance with Article 47(4).

In the case of mergers of producer groups as referred to in Article 48, the limit of 5 % shall apply to the total amount of expenditure laid down in the recognition plans of the merging producer groups.

▼B

3. The competent authority of the Member State shall decide on changes to plans within three months of receipt of the request for change, after considering the evidence supplied. Where no decision is taken on a request for change within that period, the request shall be deemed to have been rejected. Member States may provide for a shorter deadline.

Article 40

Applications for recognition as a producer organisation

1. Producer groups implementing a recognition plan may, at any time, submit an application for recognition under Article 125b of Regulation (EC) No 1234/2007. Such applications shall in any event be submitted before the end of the transitional period referred to in Article 125e(1) of Regulation (EC) No 1234/2007.

2. From the date on which such an application is lodged, the group in question may submit a draft operational programme under Article 63.

Article 41

Producer groups’ main activities

1. The main activity of a producer group shall relate to the concentration of supply and the placing on the market of the products of its members for which it is preliminary recognised.

2. A producer group may sell products from producers which are not a member of a producer group, where it is recognised for those products and provided that the economic value of that activity is below the value of the marketed production of the producer group’s own members and of members of other producer groups.

Article 42

Value of marketed production

1. Article 50(1) to (4) and (7) and the first sentence of paragraph 6 of that Article shall apply mutatis mutandis to producer groups.

2. Where a reduction of the value of marketed production of at least 35 % has occurred due to reasons, duly justified to the Member State, falling outside the responsibility and control of the producer group, the total value of marketed production shall be deemed to represent 65 % of the total value declared in the previous application or applications for aid covering the most recent annual segment, as verified by the Member State, and in the absence thereof, of the value declared initially in the approved recognition plan.

3. The value of marketed production shall be as calculated under the legislation applicable as regards the period for which the aid is claimed.

Article 43

Financing of recognition plans

1. The rates of aid referred to in Article 103a(3) of Regulation (EC) No 1234/2007 shall be reduced by half in relation to marketed production which exceeds EUR 1 000 000 .

2. The aid referred to in Article 103a(1)(a) of Regulation (EC) No 1234/2007 shall be subject to an annual ceiling for each producer group of EUR 100 000 .

3. The aid referred to in Article 103a(1) of Regulation (EC) No 1234/2007 shall be paid: (a) in annual or semestrial instalments at the end of each annual or semestrial period for the implementation of the recognition plan; or (b) in instalments covering part of an annual period if the plan starts during the annual period or if recognition occurs under Article 125b of Regulation (EC) No 1234/2007 before the end of an annual period. In that case, the ceiling referred to in paragraph 2 of this Article shall be reduced proportionately.

In order to calculate the instalments, the Member States may use as a basis the marketed production corresponding to a period other than that in respect of which the instalment is paid, where checks so require. The difference between the periods shall be less than the actual period concerned.

4. The exchange rate applicable to the amounts referred to in paragraphs 1 and 2 shall be the rate most recently published by the European Central Bank prior to the first day of the period for which the aid in question is granted.

Article 44

Aid for investments required for recognition

Investments linked to the implementation of recognition plans referred to in Article 37(c) of this Regulation for which aid is provided for under Article 103a(1)(b) of Regulation (EC) No 1234/2007 shall be financed pro rata to their use for the products of the members of a producer group for which preliminary recognition is granted.

Investments likely to distort competition in respect of the other economic activities of the producer group shall be excluded from Union aid.

▼M8

Investments may be implemented on individual holdings and/or premises of producer members of the producer group, provided that they contribute to the objectives of the recognition plan. If the member leaves the producer group, Member States shall ensure that the investment or its residual value, where its amortisation period has not yet expired, is recovered.

▼B

Article 45

Application for aid

1. A producer group shall submit a single application for the aid referred to in Article 103a(1)(a) and (b) of Regulation (EC) No 1234/2007 within three months of the end of each annual or semestrial period as referred to in Article 43(3) of this Regulation. The application shall include a declaration of the value of marketed production for the period for which the aid is claimed.

2. Applications for aid covering semestrial periods may be submitted only if the recognition plan is broken into semestrial periods as referred to in Article 39(1). All applications for aid shall be accompanied by a written declaration from the producer group to the effect that the latter: (a) complies and will comply with Regulation (EC) No 1234/2007 and with this Regulation; and (b) has not benefited, is not benefiting and will not benefit either directly or indirectly from duplicate Union or national financing for actions implemented under its recognition plan for which Union financing is granted pursuant to this Regulation.

3. Member States shall fix the deadline for paying the aid which in any case shall not be later than six months after the receipt of the application.

Article 46

Eligibility

Member States shall evaluate the eligibility of producer groups for the aid under this Regulation in order to establish that the aid is duly justified, taking into account the conditions and the date on which any earlier public aid was granted to the producer organisations or groups from which the members of the producer group in question originate and to any movements of members between producer organisations and producer groups.

▼M8

Article 47

Union contribution

1. Subject to paragraph 4 of this Article, the Union contribution towards aid as referred to in Article 103a(1)(a) of Regulation (EC) No 1234/2007 shall amount to: (a) 75 % in the regions eligible under the Convergence Objective; and (b) 50 % in other regions.

The Member State may pay its national aid as a flat-rate payment. The aid application shall not be required to include evidence as to the use of the aid.

2. The Union contribution towards aid as referred to in Article 103a(1)(b) of Regulation (EC) No 1234/2007, expressed in terms of a capital grant or capital-grant equivalent, shall not exceed, as a percentage of eligible investment costs: (a) 50 % in the regions eligible under the Convergence Objective; and (b) 30 % in other regions.

The Member States concerned shall undertake to contribute at least 5 % of eligible investment costs.

Beneficiaries of aid towards eligible investment costs shall pay at least:

(a) 25 % in the regions eligible under the Convergence Objective; and

(b) 45 % in other regions.

3. Subject to paragraph 4 of this Article, the Union contribution to the aid referred to in Article 103a(1)(b) of Regulation (EC) No 1234/2007 shall be determined for each producer group on the basis of its value of marketed production and shall be subject to the following rules: (a) in respect of producer groups in Member States which acceded to the European Union on 1 May 2004 or thereafter, no ceiling shall apply in the first two years of implementation of their recognition plan, and a ceiling of 70 %, 50 % and 20 % of the value of the marketed production shall apply in the third, fourth and fifth year of implementation of their recognition plan respectively; (b) in respect of producer groups in the outermost regions of the Union as referred to in Article 349 of the Treaty or in the smaller Aegean Islands as referred to in Article 1(2) of Council Regulation (EC) No 1405/2006 ( 4 ), the Union contribution shall be capped at 25 %, 20 %, 15 %, 10 % and 5 % of the value of the marketed production in the first, second, third, fourth and fifth year of implementation of their recognition plan respectively.

4. The total expenditure for the Union contribution towards aid as referred to in Article 103a of Regulation (EC) No 1234/2007 shall not exceed EUR 10 000 000 per calendar year.

On the basis of the notifications referred to in Article 38(4) the Commission shall set allocation coefficients and establish the total available Union contribution per Member State per year on the basis of those coefficients. If for any year the total amount resulting from the notifications referred to in Article 38(4) does not exceed the maximum amount of the Union contribution, the allocation coefficient shall be set at 100 %.

The Union contribution shall be granted in accordance with the allocation coefficient referred to in the second subparagraph. No Union contribution shall be granted in respect of recognition plans that were not notified in accordance with Article 38(4).

The exchange rate applicable to the Union contribution per Member State shall be the rate most recently published by the European Central Bank prior to the date provided for in Article 38(4).

▼B

Article 48

Mergers

1. Aid as provided for in Article 103a(1) of Regulation (EC) No 1234/2007 may be given, or may continue to be given, to producer groups which have been granted preliminary recognition and which result from the merger between two or more producer group granted preliminary recognition.

2. For the purposes of calculating the aid payable pursuant to paragraph 1, the producer group resulting from the merger shall replace the merging groups.

3. Where two or more producer groups merge, the new entity shall assume the rights and obligations of the producer group which has been granted preliminary recognition the earliest.

4. Where a producer group which has been granted preliminary recognition merges with a recognised producer organisation, the resulting entity shall no longer be eligible for preliminary recognition as a producer group, nor for the aid referred to in Article 103a(1) of Regulation (EC) No 1234/2007. The resulting entity shall continue to be treated as the recognised producer organisation, provided that it respects the applicable requirements. If necessary, the producer organisation shall request a change to its operational programme, and to this end Article 29 shall apply mutatis mutandis.

However, actions carried out by producer groups before such a merger shall continue to be eligible under the conditions set out in the recognition plan.

Article 49

Consequences of recognition

1. Aid as provided for in Article 103a(1) of Regulation (EC) No 1234/2007 shall cease once recognition is granted.

2. Where an operational programme is submitted pursuant to this Regulation, the Member State concerned shall ensure that there is no duplicated financing of the measures set out in the recognition plan.

3. Investments qualifying for the aid or the costs referred to in Article 103a(1)(b) of Regulation (EC) No 1234/2007 may be carried over to operational programmes provided they are in line with the requirements of this Regulation.

4. Member States shall fix the period, starting after implementation of the recognition plan, within which the producer group shall be required to be recognised as a producer organisation. The period shall not exceed four months.

▼M29 —————

▼B







TITLE V

GENERAL, TRANSITIONAL AND FINAL PROVISIONS

▼M29 —————

▼B

Article 149

Repeal

Regulation (EC) No 1580/2007 is repealed.

However, Article 134 of Regulation (EC) No 1580/2007 shall continue to apply until 31 August 2011.

References to the repealed Regulation shall be construed as references to this Regulation and shall, where appropriate, be read in accordance with the correlation table set out in Annex XIX.

Article 150

Transitional provisions

1. Operational programmes which benefit from Article 203a(3)(a) of Regulation (EC) No 1234/2007 may continue to run until their end provided they comply with the rules applicable prior to 1 January 2008.

2. For the purposes of Article 203a(6) of Regulation (EC) No 1234/2007, the rules on the minimum characteristics of the raw material supplied for processing and minimum quality requirements for finished products which shall remain applicable in respect of the raw materials harvested in the territory of Member States which make use of the transitional arrangement referred to in that paragraph shall be, in addition to any relevant marketing standards referred to in Title II of this Regulation, those contained in the Commission Regulations listed in Annex XX.

3. Recognition plans accepted under Regulation (EC) No 2200/96 which continue to benefit from acceptance pursuant to Article 203a(4) of Regulation (EC) No 1234/2007 for producer groups not in Member States which acceded to the European Union on 1 May 2004 or after that date and not in the outermost regions of the Union as referred to in Article 349 of the Treaty or in the smaller Aegean Islands as referred to in Article 1(2) of Council Regulation (EC) No 1405/2006 ( 5 ) shall be financed at the rates set out in Article 103a(3)(b) of Regulation (EC) No 1234/2007.

Recognition plans accepted under Regulation (EC) No 2200/96 which benefited from Article 14(7) of that Regulation and continue to benefit from acceptance pursuant to Article 203a(4) of Regulation (EC) No 1234/2007 shall be financed at the rates set out in Article 103a(3)(a) of Regulation (EC) No 1234/2007.

4. Member States shall modify their national strategies by 15 September 2011 at the latest if necessary in order to: (a) duly justify what distance shall be considered as significant as referred to in Article 50(7)(b); (b) set out a maximum percentage of the annual expenditure under an operational programme to be spent on actions related to the environmental management on packaging as referred to in the second subparagraph of Article 60(4).

5. Operational programmes that were approved before the date of entry into force of this Regulation may continue to run until their end without fulfilling the maximum percentage provided for by the second subparagraph of Article 60(4).

Article 151

Entry into force

This Regulation shall enter into force on the seventh 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.

▼M33









ANNEX I

MARKETING STANDARDS REFERRED TO IN ARTICLE 3

PART A

General marketing standard

The purpose of this general marketing standard is to define the quality requirements for fruit and vegetables, after preparation and packaging.

However, at stages following dispatch products may show in relation to the requirements of the standard:

— a slight lack of freshness and turgidity,

— a slight deterioration due to their development and their tendency to perish.

1. Minimum requirements

Subject to the tolerances allowed, the products shall be:

— intact,

— sound; products affected by rotting or deterioration such as to make them unfit for consumption are excluded,

— clean, practically free of any visible foreign matter,

— practically free from pests,

— free from damage caused by pests affecting the flesh,

— free of abnormal external moisture,

— free of any foreign smell and/or taste.

The condition of the products must be such as to enable them:

— to withstand transportation and handling,

— to arrive in satisfactory condition at the place of destination.

2. Minimum maturity requirements

The products must be sufficiently developed, but not overdeveloped, and fruit must display satisfactory ripeness and must not be overripe.

The development and state of maturity of the products must be such as to enable them to continue their ripening process and to reach a satisfactory degree of ripeness.

3. Tolerance

A tolerance of 10 % by number or weight of product not satisfying the minimum quality requirements shall be permitted in each lot. Within this tolerance not more than 2 per cent in total may consist of produce affected by decay.

4. Marking

Each package ( 6 ) must bear the following particulars, in letters grouped on the same side, legibly and indelibly marked, and visible from the outside.

A. Identification

Name and physical address of the packer and/or the dispatcher (for example: street/city/region/postal code and, if different from the country of origin, the country).

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). The code mark shall be preceded by the ISO 3166 (alpha) country/area code of the recognising country, if not the country of origin;

— for pre-packages only, by the name and the address of a seller established within the Union indicated in close connection with the mention «Packed for:» or an equivalent mention. In this case, the labelling 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. Origin

Full name of the country of origin ( 7 ). For products originating in a Member State this shall be in the language of the country of origin or any other language understandable by the consumers of the country of destination. For other products, this shall be in any language understandable by the consumers of the country of destination.

Packages need not to bear the particulars mentioned in the first subparagraph, 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.

PART B

Specific marketing standards

PART 1: MARKETING STANDARD FOR APPLES

I. DEFINITION OF PRODUCE

This standard applies to apples of varieties (cultivars) grown from Malus domestica Borkh., to be supplied fresh to the consumer, apples for industrial processing being excluded.

II. PROVISIONS CONCERNING QUALITY

The purpose of the standard is to define the quality requirements for apples, after preparation and packaging.

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, a slight deterioration due to their development and their tendency to perish.

A. Minimum requirements

In all classes, subject to the special provisions for each class and the tolerances allowed, apples 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,

— free from damage caused by pests affecting the flesh,

— free from serious watercore, except for varieties marked with "V" listed in the appendix to this standard,

— free of abnormal external moisture,

— free of any foreign smell and/or taste.

The development and condition of the apples must be such as to enable them:

— to withstand transportation and handling, and

— to arrive in satisfactory condition at the place of destination.

B. Maturity requirements

The apples must be sufficiently developed, and display satisfactory ripeness.

The development and state of maturity of the apples 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.

In order to verify the minimum maturity requirements, several parameters may be considered (for example morphological aspect, taste, firmness and refractometric index).

C. Classification

Apples are classified in three classes defined below.

(i) “Extra” Class

Apples in this class must be of superior quality. They must be characteristic of the variety ( 8 ) and with the stalk which must be intact.

Apples must express the following minimum surface colour characteristic of the variety:

— 3/4 of total surface red coloured in case of colour group A,

— 1/2 of total surface mixed red coloured in case of colour group B,

— 1/3 of total surface slightly red coloured, blushed or striped in case of colour group C,

— no minimum colour requirement in case of colour group D.

The flesh must be perfectly sound.

They must be free from defects with the exception of very slight superficial defects provided these do not affect the general appearance of the produce, the quality, the keeping quality and presentation in the package:

— very slight skin defects,

— very slight russeting ( 9 ) such as: — brown patches that may not go outside the stem cavity and may not be rough and/or — slight isolated traces of russeting.

(ii) Class I

Apples in this class must be of good quality. They must be characteristic of the variety ( 10 ).

Apples must express the following minimum surface colour characteristic of the variety:

— 1/2 of total surface red coloured in case of colour group A,

— 1/3 of total surface mixed red coloured in case of colour group B,

— 1/10 of total surface slightly red coloured, blushed or striped in case of colour group C,

— no minimum colour requirement in case of colour group D.

The flesh must be perfectly sound.

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,

— slight bruising not exceeding 1 cm 2 of total surface area and not discoloured,

— slight skin defects which must not extend over more than: — 2 cm in length for defects of elongated shape, — 1 cm 2 of total surface area for other defects, with the exception of scab ( Venturia inaequalis ), which must not extend over more than 0,25 cm 2 , cumulative, in area,

— slight russeting ( 11 ) such as: — brown patches that may go slightly beyond the stem or pistil cavities but may not be rough and/or — thin net-like russeting not exceeding 1/5 of the total fruit surface and not contrasting strongly with the general colouring of the fruit and/or — dense russeting not exceeding 1/20 of the total fruit surface, while — thin net-like russeting and dense russeting taken together may not exceed a maximum of 1/5 of the total surface of the fruit.

The stalk may be missing, provided the break is clean and the adjacent skin is not damaged.

(iii) Class II

This class includes apples 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 may be allowed, provided the apples retain their essential characteristics as regards the quality, the keeping quality and presentation:

— defects in shape,

— defects in development,

— defects in colouring,

— slight bruising not exceeding 1,5 cm 2 in area which may be slightly discoloured,

— skin defects which must not extend over more than: — 4 cm in length for defects of elongated shape, — 2,5 cm 2 of total surface area for other defects, with the exception of scab ( Venturia inaequalis ), which must not extend over more than 1 cm 2 , cumulative, in area;

— slight russeting ( 12 ) such as — brown patches that may go beyond the stem or pistil cavities and may be slightly rough and/or — thin net-like russeting not exceeding 1/2 of the total fruit surface and not contrasting strongly with the general colouring of the fruit and/or — dense russeting not exceeding 1/3 of the total fruit surface, while — thin net-like russeting and dense russeting taken together may not exceed a maximum of 1/2 of the total surface of the fruit.

III. PROVISIONS CONCERNING SIZING

Size is determined either by the maximum diameter of the equatorial section or by weight.

The minimum size shall be 60 mm, if measured by diameter or 90 g, if measured by weight. Fruit of smaller sizes may be accepted, if the Brix level ( 13 ) of the produce is equal to or greater than to 10,5° Brix and the size is not smaller than 50 mm or 70 g.

To ensure the uniformity in size, the range in size between produce in the same package shall not exceed:

(a) for fruit sized by diameter: — 5 mm for the “Extra” Class fruit and for Classes I and II fruit packed in rows and layers. However, for apples of the varieties Bramley's Seedling (Bramley, Triomphe de Kiel) and Horneburger, the difference in diameter may amount to 10 mm, and — 10 mm for Class I fruit packed in sales packages or loose in the package. However, for apples of the varieties Bramley's Seedling (Bramley, Triomphe de Kiel) and Horneburger, the difference in diameter may amount to 20 mm.

(b) for fruit sized by weight: — For the “Extra” Class and Classes I and II apples packed in rows and layers:



Range (g) Weight difference (g) 70-90 15 g 91-135 20 g 136-200 30 g 201-300 40 g > 300 50 g — For Class I fruit packed in sales packages or loose in the package:



Range (g) Uniformity (g) 70-135 35 136-300 70 > 300 100

There is no sizing uniformity requirement for Class II fruit packed in sales packages or loose in the package.

Varieties of miniature apples, marked with an “M” in the appendix to this standard, are exempted from the sizing provisions. Those miniature varieties must have a minimum Brix level ( 14 ) of 12°.

IV. PROVISIONS CONCERNING TOLERANCES

At all marketing stages, tolerances in respect of quality and size shall be allowed in each lot for produce not satisfying the requirements of the class indicated.

A. Quality tolerances

(i) “Extra” Class

A total tolerance of 5 per cent, by number or weight, of apples not satisfying the requirements of the class, but meeting those of Class I is allowed. Within this tolerance not more than 0,5 per cent in total may consist of produce satisfying the requirements of Class II quality.

(ii) Class I

A total tolerance of 10 per cent, by number or weight, of apples not satisfying the requirements of the class, but meeting those of Class II is allowed. Within this tolerance not more than 1 per cent in total may consist of produce satisfying neither the requirements of Class II quality nor the minimum requirements, or of produce affected by decay.

(iii) Class II

A total tolerance of 10 per cent, by number or weight, of apples satisfying neither the requirements of the class nor the minimum requirements is allowed. Within this tolerance not more than 2 per cent in total may consist of produce affected by decay.

B. Size tolerances

For all classes: a total tolerance of 10 per cent, by number or weight, of apples not satisfying the requirements as regards sizing is allowed. This tolerance may not be extended to include produce with a size:

— 5 mm or more below the minimum diameter,

— 10 g or more below the minimum weight.

V. PROVISIONS CONCERNING PRESENTATION

A. Uniformity

The contents of each package must be uniform and contain only apples 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.

However, a mixture of apples of distinctly different varieties may be packed together in a sales package provided they are uniform in quality and, for each variety concerned, in origin. Uniformity in size is not required.

The visible part of the contents of the package must be representative of the entire contents.

B. Packaging

The apples must be packed in such a way as to protect the produce properly. In particular, sales packages of a net weight exceeding 3 kg shall be sufficiently rigid to ensure proper protection of the produce.

The materials used inside the package must be 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 specifications is allowed, provided the printing or labelling has been done with non-toxic ink or glue.

Stickers individually affixed on the produce shall be such that, when removed, they neither leave visible traces of glue, nor lead to skin defects. Information lasered on single fruit should not lead to flesh or skin defects.

Packages must be free of all foreign matter.

VI. PROVISIONS CONCERNING MARKING

Each package ( 15 ) must bear the following particulars, in letters grouped on the same side, legibly and indelibly marked, and visible from the outside.

A. Identification

Name and physical address of the packer and/or the dispatcher (for example street/city/region/postal code and, if different from the country of origin, the country).

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). The code mark shall be preceded by the ISO 3166 (alpha) country/area code of the recognising country, if not the country of origin;

— for pre-packages only, by the name and the address of a seller established within the Union indicated in close connection with the mention ‘Packed for:’ or an equivalent mention. In this case, the labelling 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

— ‘Apples’ if the contents are not visible from the outside.

— Name of the variety. In the case of a mixture of apples of distinctly different varieties, names of the different varieties.

— The name of the variety may be replaced by a synonym. A trade name ( 16 ) may only be given in addition to the variety or the synonym.

— In the case of mutants with varietal protection, this variety name may replace the basic variety name. In case of mutants without varietal protection, this mutant name may only be indicated in addition to the basic variety name.

— "Miniature variety", where appropriate.

C. Origin of produce

Country of origin ( 17 ) and, optionally, district where grown, or national, regional or local place name.

In the case of a mixture of distinctly different varieties of apples of different origins, the indication of each country of origin shall appear next to the name of the variety concerned.

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 or minimum and maximum weights;

(b) optionally, for produce not subject to the uniformity rules, as the diameter or the weight of the smallest fruit in the package followed by “and over” or equivalent denomination or, where appropriate, followed by the diameter or weight of the largest fruit in the package.

E. Official control mark (optional)

Packages need not to bear the particulars mentioned in the first subparagraph, 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.









Appendix

Non-exhaustive list of apple varieties

Fruits of varieties that are not part of the list must be graded according to their varietal characteristics.

Some of the varieties listed in the following table may be marketed under names for which trademark protection has been sought or obtained in one or more countries. The three first columns of the table hereunder do not intend to include such trademarks. References to known trademarks have been included in the fourth column for information only.

Legend:

M = miniature variety

R = russet variety

V = watercore

* = mutant without varietal protection but linked to a registered/protected trademark; mutants not marked with the asterisk are protected varieties







Varieties Mutant Synonyms Trademarks Colour group Additional specifications African Red African Carmine ™ B Akane Tohoku 3, Primerouge B Alkmene Early Windsor C Alwa B Amasya B Ambrosia Ambrosia ® B Annurca B Ariane Les Naturianes ® B Arlet Swiss Gourmet B R AW 106 Sapora ® C Belgica B Belle de Boskoop Schone van Boskoop, Goudreinette D R Boskoop rouge Red Boskoop, Roter Boskoop, Rode Boskoop B R Boskoop Valastrid B R Berlepsch Freiherr von Berlepsch C Berlepsch rouge Red Berlepsch, Roter Berlepsch B Bonita A Braeburn B Hidala Hillwell ® A Joburn Aurora ™, Red Braeburn ™, Southern Rose ™ A Lochbuie Red Braeburn A Mahana Red Braeburn Redfield ® A Mariri Red Eve ™, Aporo ® A Royal Braeburn A Bramley's Seedling Bramley, Triomphe de Kiel D Cardinal B Caudle Cameo ®, Camela® B Cauflight Cameo ®, Camela® A CIV323 Isaaq ® B CIVG198 Modi ® A Civni Rubens ® B Collina C Coop 38 Goldrush ®, Delisdor ® D R Coop 39 Crimson Crisp ® A Coop 43 Juliet ® B Coromandel Red Corodel A Cortland B Cox's Orange Pippin Cox orange, Cox's O.P. C R Cripps Pink Pink Lady ®, Flavor Rose ® C Lady in Red Pink Lady ® B Rosy Glow Pink Lady ® B Ruby Pink B Cripps Red Sundowner ™, Joya ® B Dalinbel Antares ® B R Dalitron Altess ® D Delblush Tentation ® D Delcorf Delbarestivale ® C Celeste B Bruggers Festivale Sissired ® A Dalili Ambassy ® A Wonik* Appache ® A Delcoros Autento ® A Delgollune Delbard Jubilé ® B Delicious ordinaire Ordinary Delicious B Discovery C Dykmanns Zoet C Egremont Russet D R Elise De Roblos, Red Delight A Elstar C Bel-El Red Elswout ® C Daliest Elista ® C Daliter Elton ™ C Elshof C Elstar Boerekamp Excellent Star ® C Elstar Palm Elstar PCP ® C Goedhof Elnica ® C Red Elstar C RNA9842 Red Flame ® C Valstar C Vermuel Elrosa ® C Empire A Fengapi Tessa ® B Fiesta Red Pippin C Fresco Wellant ® B R Fuji B V Aztec Fuji Zhen ® A V Brak Fuji Kiku ® 8 B V FUCIV51 SAN-CIV ® A V Fuji Fubrax Fuji Kiku ® Fubrax B V Fuji Supreme A V Fuji VW King Fuji ® A V Heisei Fuji Beni Shogun ® A V Raku-Raku B V Gala C Alvina A ANABP 01 Bravo ™ A Baigent Brookfield ® A Bigigalaprim Early Red Gala ® A Devil Gala A Fengal Gala Venus A Gala Schnico Schniga ® A Gala Schnico Red Schniga ® A Galafresh Breeze ® A Galaval A Galaxy Selekta ® B Gilmac Neon ® A Imperial Gala B Jugala B Mitchgla Mondial Gala ® B Natali Gala B Regal Prince Gala Must ® B Royal Beaut A Simmons Buckeye ® Gala A Tenroy Royal Gala ® B ZoukG1 Gala One® A Galmac Camelot ® B Gloster B Golden 972 D Golden Delicious Golden D CG10 Yellow Delicious Smothee ® D Golden Delicious Reinders Reinders ® D Golden Parsi Da Rosa ® D Leratess Pink Gold ® D Quemoni Rosagold ® D Goldstar Rezista Gold Granny ® D Gradigold Golden Supreme ™, Golden Extreme ™ D Gradiyel Goldkiss ® D Granny Smith D Dalivair Challenger ® D Gravensteiner Gravenstein D GS 66 Fräulein ® B HC2-1 Easy pep’s! Zingy ® A Hokuto C Holsteiner Cox Holstein C R Honeycrisp Honeycrunch ® C Horneburger D Idared B Idaredest B Najdared B Ingrid Marie B R Inored Story ®, LoliPop ® A James Grieve D Jonagold C Early Jonagold Milenga ® C Dalyrian C Decosta C Jonagold Boerekamp Early Queen ® C Jonagold Novajo Veulemanns C Jonagored Morren’s Jonagored ® C Jonagored Supra Morren’s Jonagored ® Supra ® C Red Jonaprince Wilton’s ®, Red Prince ® C Rubinstar C Schneica Jonica C Vivista C Jonathan B Karmijn de Sonnaville C R Kizuri Morgana ® B Ladina B La Flamboyante Mairac ® B Laxton's Superb C R Ligol B Lobo B Lurefresh Redlove ® Era ® A Lureprec Redlove ® Circe ® A Luregust Redlove ® Calypso ® A Luresweet Redlove ® Odysso ® A Maigold B Maribelle Lola ® B MC38 Crimson Snow ® A McIntosh B Melrose C Milwa Diwa ®, Junami ® B Minneiska SweeTango ® B Moonglo C Morgenduft Imperatore B Mountain Cove Ginger Gold ™ D Mored Joly Red ® A Mutsu Crispin D Newton C Nicogreen Greenstar ® D Nicoter Kanzi ® B Northern Spy C Ohrin Orin D Paula Red B Pinova Corail ® C RoHo 3615 Evelina ® B Piros C Plumac Koru ® B Prem A153 Lemonade ®, Honeymoon ® C Prem A17 Smitten ® C Prem A280 Sweetie™ B Prem A96 Rockit ™ B M R201 Kissabel ® Rouge A Rafzubin Rubinette ® C Frubaur Rubinette ® Rossina A Rafzubex Rubinette ® Rosso A Rajka Rezista Romelike ® B Regalyou Candine ® A Red Delicious Rouge américaine A Campsur Red Chief ® A Erovan Early Red One ® A Evasni Scarlet Spur ® A Stark Delicious A Starking C Starkrimson A Starkspur A Topred A Trumdor Oregon Spur Delicious ® A Reine des Reinettes Gold Parmoné, Goldparmäne C V Reinette grise du Canada Graue Kanadarenette, Renetta Canada D R RM1 Red Moon ® A Rome Beauty Belle de Rome, Rome, Rome Sport B RS1 Red Moon ® A Rubelit A Rubin C Rubinola B Šampion Shampion, Champion, Szampion B Reno 2 A Šampion Arno Szampion Arno A Santana B Sciearly Pacific Beauty ™, NZ Beauty A Scifresh Jazz ™ B Sciglo Southern Snap ™ A Scilate Envy ® B Sciray GS48 A Scired NZ Queen A R Sciros Pacific Rose ™, NZ Rose A Senshu C Shinano Gold Yello ® D Spartan A SQ 159 Natyra ®, Magic Star ® A Stayman B Summerred B Sunrise A Sunset D R Suntan D R Sweet Caroline C TCL3 Posy ® A Topaz B Tydeman's Early Worcester Tydeman's Early B Tsugaru C UEB32642 Opal ® D WA 2 Sunrise Magic ™ A WA 38 Cosmic Crisp ™ A Worcester Pearmain B Xeleven Swing ® natural more A York B Zari B Zouk 16 Flanders Pink ®, Mariposa ® B Zouk 31 Rubisgold ® D Zouk 32 Coryphée ® A

PART 2: MARKETING STANDARD FOR CITRUS FRUIT

I. DEFINITION OF PRODUCE

This standard applies to citrus fruit of varieties (cultivars) grown from the following species, to be supplied fresh to the consumer, citrus fruit for industrial processing being excluded:

— lemons grown from the species Citrus limon (L.) Burm. f. and hybrids thereof,

— mandarins grown from the species Citrus reticulata Blanco, including satsumas ( Citrus unshiu Marcow), clementines ( Citrus clementina hort. ex Tanaka), common mandarins ( Citrus deliciosa Ten.) and tangerines ( Citrus tangerina Tanaka) grown from these species and hybrids thereof,

— oranges grown from the species Citrus sinensis (L.) Osbeck and hybrids thereof.

II. PROVISIONS CONCERNING QUALITY

The purpose of the standard is to define the quality requirements for citrus fruit after preparation and packaging.

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, a slight deterioration due to their development and their tendency to perish.

A. Minimum requirements

In all classes, subject to the special provisions for each class and the tolerances allowed, the citrus fruit must be:

— intact,

— free of bruising and/or extensive healed overcuts,

— 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,

— free from damage caused by pests affecting the flesh,

— free of signs of shrivelling and dehydration,

— free of damage caused by low temperature or frost,

— free of abnormal external moisture,

— free of any foreign smell and/or taste.

The development and condition of the citrus fruit must be such as to enable it:

— to withstand transportation and handling, and

— to arrive in satisfactory condition at the place of destination.

B. Maturity requirements

The citrus fruit must have reached an appropriate degree of development and ripeness, account being taken of criteria proper to the variety, the time of picking and the growing area.

Maturity of citrus fruit is defined by the following parameters specified for each species below:

— minimum juice content,

— minimum sugar/acid ratio ( 18 ),

— colouring.

The degree of colouring shall be such that following normal development the citrus fruit reach the colour typical of the variety at their destination point.







Minimum juice content (per cent) Minimum sugar/acid ratio Colouring Lemons 20 Must be typical of the variety. Fruit with a green (but not dark green) colour is allowed, provided it satisfies the minimum requirements as to juice content Satsumas, clementines, other mandarin varieties and their hybrids Satsumas 33 6,5 :1 Must be typical of the variety on at least one third of the surface of the fruit Clementines 40 7,0 :1 Other mandarin varieties and their hybrids 33 7,5 :1 (1) Oranges Blood oranges 30 6,5 :1 Must be typical of the variety. However, fruit with light green colour not exceeding one fifth of the total surface area of the fruit is allowed, provided it satisfies the minimum requirements as to juice content. Oranges produced in areas with high temperatures and high relative humidity conditions during the developing period having a green colour exceeding one fifth of the surface area of the fruit are allowed, provided they satisfy the minimum requirements as to juice content. Navels group 33 6,5 :1 Other varieties 35 6,5 :1 Mosambi, Sathgudi and Pacitan with more than one fifth green colour 33 Other varieties with more than one fifth green colour 45 ( 1 ) For the varieties Mandora and Minneola the minimum sugar/acid ratio is 6.0:1 until the end of the marketing year commencing 1 January 2023.

Citrus fruit meeting these maturity requirements may be ‘degreened’. This treatment is only permitted if the other natural organoleptic characteristics are not modified.

C. Classification

Citrus fruit is classified in three classes, as defined below:

(i) “Extra” Class

Citrus fruit in this class must be of superior quality. It must be characteristic of the variety and/or commercial type.

It must be free from defects, with the exception of very slight superficial 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

Citrus fruit in this class must be of good quality. It must be characteristic of the variety and/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,

— slight defects in colouring, including slight sunburn,

— slight progressive skin defects, provided they do not affect the flesh,

— slight skin defects occurring during the formation of the fruit, such as silver scurfs, russets or pest damage,

— slight healed defects due to a mechanical cause such as hail damage, rubbing or damage from handling,

— slight and partial detachment of the peel (or rind) for all fruit of the mandarin group.

(iii) Class II

This class includes citrus fruit which does not qualify for inclusion in the higher classes but satisfies the minimum requirements specified above.

The following defects may be allowed, provided the citrus fruit retains its essential characteristics as regards the quality, the keeping quality and presentation:

— defects in shape,

— defects in colouring, including sunburn,

— progressive skin defects, provided they do not affect the flesh,

— skin defects occurring during the formation of the fruit, such as silver scurfs, russets or pest damage,

— healed defects due to a mechanical cause such as hail damage, rubbing or damage from handling,

— superficial healed skin alterations,

— rough skin,

— a slight and partial detachment of the peel (or rind) for oranges and a partial detachment of the peel (or rind) for all fruit of the mandarin group.

III. PROVISIONS CONCERNING SIZING

Size is determined by the maximum diameter of the equatorial section of the fruit or by count.

A. Minimum size

The following minimum sizes apply:







Fruit Diameter (mm) Lemons 45 Satsumas, other mandarin varieties and hybrids 45 Clementines 35 Oranges 53

B. Uniformity

Citrus fruit may be sized by one of the following options:

(a) To ensure uniformity in size, the range in size between produce in the same package shall not exceed: — 10 mm, if the diameter of the smallest fruit (as indicated on the package) is < 60 mm — 15 mm, if the diameter of the smallest fruit (as indicated on the package) is ≥ 60 mm but < 80 mm — 20 mm, if the diameter of the smallest fruit (as indicated on the package) is ≥ 80 mm but < 110 mm — there is no limitation of difference in diameter for fruit ≥ 110 mm.

(b) When size codes are applied, the codes and ranges in the following tables must be respected:



Size code Diameter (mm) Lemons 0 79 - 90 1 72 - 83 2 68 - 78 3 63 - 72 4 58 - 67 5 53 - 62 6 48 - 57 7 45 - 52 Satsumas, clementines, and other mandarin varieties and hybrids 1 - XXX 78 and above 1 - XX 67 - 78 1 or 1 - X 63 - 74 2 58 - 69 3 54 - 64 4 50 - 60 5 46 - 56 6 (1) 43 - 52 7 41 - 48 8 39 - 46 9 37 - 44 10 35 - 42 Oranges 0 92 – 110 1 87 – 100 2 84 – 96 3 81 – 92 4 77 – 88 5 73 – 84 6 70 – 80 7 67 – 76 8 64 – 73 9 62 – 70 10 60 – 68 11 58 – 66 12 56 – 63 13 53 – 60 ( 1 ) Sizes below 45 mm refer to clementines only.

Uniformity in size is achieved by the above-mentioned size scales, unless otherwise stated as follows:

For fruit in bulk bins and fruit in sales packages of a maximum net weight of 5 kg, the maximum difference must not exceed the range obtained by grouping three consecutive sizes in the size scale.

(c) For fruit sized by count, the difference in size should be consistent with (a).

IV. PROVISIONS CONCERNING TOLERANCES

At all marketing stages, tolerances in respect of quality and size shall be allowed in each lot for produce not satisfying the requirements of the class indicated.

A. Quality tolerances

(i) “Extra” Class

A total tolerance of 5 per cent, by number or weight, of citrus fruit not satisfying the requirements of the class, but meeting those of Class I is allowed. Within this tolerance, not more than 0,5 per cent in total may consist of produce satisfying the requirements of Class II quality.

(ii) Class I

A total tolerance of 10 per cent, by number or weight, of citrus fruit not satisfying the requirements of the class, but meeting those of Class II is allowed. Within this tolerance, not more than 1 per cent in total may consist of produce satisfying neither the requirements of Class II quality nor the minimum requirements, or of produce affected by decay.

(iii) Class II

A total tolerance of 10 per cent, by number or weight, of citrus fruit satisfying neither the requirements of the class nor the minimum requirements is allowed. Within this tolerance, not more than 2 per cent in total may consist of produce affected by decay.

B. Size tolerances

For all classes: a total tolerance of 10 per cent, by number or weight, of citrus fruit corresponding to the size immediately below and/or above that (or those, in the case of the combination of three sizes) mentioned on the packages is allowed.

In any case, the tolerance of 10 % applies only to fruit not smaller than the following minima:







Fruit Diameter (mm) Lemons 43 Satsumas, other mandarin varieties and hybrids 43 Clementines 34 Oranges 50

V. PROVISIONS CONCERNING PRESENTATION

A. Uniformity

The contents of each package must be uniform and contain only citrus fruit of the same origin, variety or commercial type, quality and size, and appreciably of the same degree of ripeness and development.

In addition, for the ‘Extra’ Class, uniformity in colouring is required.

However, a mixture of citrus fruit of distinctly different species may be packed together in a sales package, provided they are uniform in quality and, for each species concerned, in variety or commercial type and origin. Uniformity in size is not required.

The visible part of the contents of the package must be representative of the entire contents.

B. Packaging

The citrus fruit must be packed in such a way as to protect the produce properly.

The materials used inside the package must be 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 specifications is allowed provided the printing or labelling has been done with non-toxic ink or glue.

Stickers individually affixed on the produce shall be such that, when removed, they neither leave visible traces of glue, nor lead to skin defects. Information lasered on single fruit should not lead to flesh or skin defects.

If the fruit is wrapped, thin, dry, new and odourless ( 19 ) paper must be used.

The use of any substance tending to modify the natural characteristics of the citrus fruit, especially its taste or smell ( 20 ), is prohibited.

Packages must be free of all foreign matter. However, a presentation where a short (not wooden) twig with some green leaves adheres to the fruit is allowed.

VI. PROVISIONS CONCERNING MARKING

Each package ( 21 ) must bear the following particulars, in letters grouped on the same side, legibly and indelibly marked, and visible from the outside.

A. Identification

Name and physical address of the packer and/or the dispatcher (for example street/city/region/postal code and, if different from the country of origin, the country).

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). The code mark shall be preceded by the ISO 3166 (alpha) country/area code of the recognising country, if not the country of origin;

— for pre-packages only, by the name and the address of a seller established within the Union indicated in close connection with the mention ‘Packed for:’ or an equivalent mention. In this case, the labelling 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

— “Lemons”, “Mandarins” or “Oranges” if the produce is not visible from the outside.

— “Mixture of citrus fruit” or equivalent denomination and common names of the different species, in case of a mixture of citrus fruit of distinctly different species.

— For oranges, name of the variety, and/or the respective variety group in the case of “Navels” , and “Valencias”.

— For “Satsumas” and “Clementines”, the common name of the species is required and the name of the variety is optional.

— For other mandarins and hybrids thereof, the name of the variety is required.

— For lemons: the name of the variety is optional.

— “Seeded” in case of clementines with more than 10 seeds.

— “Seedless” (optional, seedless citrus fruit may occasionally contain seeds)

C. Origin of produce

— Country of origin ( 22 ) and, optionally, district where grown, or national, regional or local place name.

— In the case of a mixture of citrus fruit of distinctly different species of different origins, the indication of each country of origin shall appear next to the name of the species concerned.

D. Commercial specifications

— Class.

— Size expressed as: — Minimum and maximum sizes (in mm) or — Size code(s) followed, optionally, by a minimum and maximum size or — Count.

— When used, mention of the preserving agent or other chemical substances used at post-harvest stage.

E. Official control mark (optional)

Packages need not to bear the particulars mentioned in the first subparagraph, 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.

PART 3: MARKETING STANDARD FOR KIWIFRUIT

I. DEFINITION OF PRODUCE

This standard applies to kiwifruit (also known as Actinidia or kiwi) of varieties (cultivars) grown from Actinidia chinensis Planch. and Actinidia deliciosa (A. Chev.), C.F. Liang and A.R. Ferguson to be supplied fresh to the consumer, kiwifruit for industrial processing being excluded.

II. PROVISIONS CONCERNING QUALITY

The purpose of the standard is to define the quality requirements for kiwifruit, after preparation and packaging.

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, a slight deterioration due to their development and their tendency to perish.

A. Minimum requirements

In all classes, subject to the special provisions for each class and the tolerances allowed, the kiwifruit must be:

— intact (but free of peduncle),

— 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,

— free from damage caused by pests affecting the flesh,

— adequately firm; not soft, shrivelled or water-soaked,

— well formed, double/multiple fruit being excluded,

— free of abnormal external moisture,

— free of any foreign smell and/or taste.

The development and condition of the kiwifruit must be such as to enable it:

— to withstand transportation and handling, and

— to arrive in satisfactory condition at the place of destination.

B. Minimum maturity requirements

The kiwifruit must be sufficiently developed and display satisfactory ripeness.

In order to satisfy this requirement, the fruit at packing must have attained a degree of ripeness of at least 6,2° Brix ( 23 ) or an average dry matter content of 15 %, which should lead to 9,5° Brix21 when entering the distribution chain.

C. Classification

Kiwifruit is classified in three classes as defined below.

(i) “Extra” Class

Kiwifruit in this class must be of superior quality. It must be characteristics of the variety.

The fruit must be firm and the flesh must be perfectly sound.

It must be free from defects with the exception of very slight superficial defects, provided these do not affect the general appearance of the produce, the quality, the keeping quality and presentation in the package.

The ratio of the minimum/maximum diameter of the fruit measured at the equatorial section must be 0,8 or greater.

(ii) Class I

Kiwifruit in this class must be of good quality. It must be characteristic of the variety.

The fruit must be firm and the flesh must be perfectly sound.

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 (but free of swelling or malformations),

— slight defects in colouring,

— slight skin defects, provided the total area affected does not exceed 1 cm 2 ,

— small ‘Hayward mark’ like longitudinal lines and without protuberance.

The ratio of the minimum/maximum diameter of the fruit measured at the equatorial section must be 0,7 or greater.

(iii) Class II

This class includes kiwifruit that does not qualify for inclusion in the higher classes, but satisfies the minimum requirements specified above.

The fruit must be reasonably firm and the flesh should not show any serious defects.

The following defects may be allowed provided the kiwifruit retains its essential characteristics as regards the quality, the keeping quality and presentation:

— defects in shape,

— defects in colouring,

— skin defects such as small healed cuts or scarred/grazed tissue, provided that the total area affected does not exceed 2 cm 2 ,

— several more pronounced ‘Hayward marks’ with a slight protuberance,

— slight bruising.

III. PROVISIONS CONCERNING SIZING

Size is determined by the weight of the fruit.

The minimum weight for the “Extra” Class is 90 g, for Class I is 70 g and for Class II is 65 g.

To ensure uniformity in size, the range in size between produce in the same package shall not exceed:

— 10 g for fruit of weight up to 85 g,

— 15 g for fruit weighing between 85 g and 120 g,

— 20 g for fruit weighing between 120 g and 150 g,

— 40 g for fruit weighing 150 g or more.

IV. PROVISIONS CONCERNING TOLERANCES

At all marketing stages, tolerances in respect of quality and size shall be allowed in each lot for produce not satisfying the requirements of the class indicated.

A. Quality tolerances

(i) “Extra” Class

A total tolerance of 5 per cent, by number or weight, of kiwifruit not satisfying the requirements of the class but meeting those of Class I is allowed. Within this tolerance not more than 0,5 per cent in total may consist of produce satisfying the requirements of Class II quality.

(ii) Class I

A total tolerance of 10 per cent, by number or weight, of kiwifruit not satisfying the requirements of the class but meeting those of Class II is allowed. Within this tolerance not more than 1 per cent in total may consist of produce satisfying neither the requirements of Class II quality nor the minimum requirements, or of produce affected by decay.

(iii) Class II

A total tolerance of 10 per cent, by number or weight, of kiwifruit satisfying neither the requirements of the class nor the minimum requirements is allowed. Within this tolerance not more than 2 per cent in total may consist of produce affected by decay.

B. Size tolerances

For all classes: a total tolerance of 10 %, by number or weight, of kiwifruit not satisfying the requirements as regards sizing is allowed.

However, the kiwifruit must not weigh less than 85 g in the “Extra” Class, 67 g in Class I and 62 g in Class II.

V. PROVISIONS CONCERNING PRESENTATION

A. Uniformity

The contents of each package must be uniform and contain only kiwifruit of the same origin, variety, quality and size.

The visible part of the contents of the package must be representative of the entire contents.

B. Packaging

The kiwifruit must be packed in such a way as to protect the produce properly.

The materials used inside the package must be 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 specifications is allowed, provided the printing or labelling has been done with non-toxic ink or glue.

Stickers individually affixed to the produce shall be such that, when removed, they neither leave visible traces of glue, nor lead to skin defects. Information lasered on single fruit should not lead to flesh or skin defects.

Packages must be free of all foreign matter.

VI. PROVISIONS CONCERNING MARKING

Each package ( 24 ) must bear the following particulars, in letters grouped on the same side, legibly and indelibly marked, and visible from the outside:

A. Identification

Name and physical address of the packer and/or the dispatcher (for example street/city/region/postal code and, if different from the country of origin, the country).

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). The code mark shall be preceded by the ISO 3166 (alpha) country/area code of the recognising country, if not the country of origin;

— for pre-packages only, by the name and the address of a seller established within the Union indicated in close connection with the mention ‘Packed for:’ or an equivalent mention. In this case, the labelling 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

— ‘Kiwifruit’ and/or ‘Actinidia’, if the contents are not visible from the outside.

— Name of the variety (optional).

— Flesh colour or equivalent indication, if not green.

C. Origin of produce

Country of origin ( 25 ) and, optionally, district where grown, or national, regional or local place name.

D. Commercial specifications

— Class.

— Size expressed by the minimum and maximum weight of the fruit.

— Number of fruits (optional).

E. Official control mark (optional)

Packages need not bear the particulars mentioned in the first subparagraph, 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.

PART 4: MARKETING STANDARD FOR LETTUCES, CURLED-LEAVED ENDIVES AND BROAD-LEAVED (BATAVIAN) ENDIVES

I. DEFINITION OF PRODUCE

This standard applies to

— lettuces of varieties (cultivars) grown from: — Lactuca sativa var. capitata L. (head lettuces including crisphead and “Iceberg” type lettuces), — Lactuca sativa var. longifolia Lam. (cos or romaine lettuces), — Lactuca sativa var. crispa L. (leaf lettuces), — crosses of these varieties and

— curled-leaved endives of varieties (cultivars) grown from Cichorium endivia var. crispum Lam. and

— broad-leaved (Batavian) endives (escaroles) of varieties (cultivars) grown from Cichorium endivia var. latifolium Lam.

to be supplied fresh to the consumer.

This standard does not apply to produce for industrial processing, produce presented as individual leaves, lettuces with root ball or lettuces in pots.

II. PROVISIONS CONCERNING QUALITY

The purpose of the standard is to define the quality requirements for produce, after preparation and packaging.

However, at stages following dispatch products may show in relation to the requirements of the standard:

— a slight lack of freshness and turgidity,

— a slight deterioration due to their development and their tendency to perish.

A. Minimum requirements

In all classes, subject to the special provisions for each class and the tolerances allowed, the produce must be:

— intact,

— sound; produce affected by rotting or deterioration such as to make it unfit for consumption is excluded,

— clean and trimmed, i.e. practically free from all earth or other growing medium and practically free of any visible foreign matter,

— fresh in appearance,

— practically free from pests,

— practically free from damage caused by pests,

— turgescent,

— not running to seed,

— free of abnormal external moisture,

— free of any foreign smell and/or taste.

In the case of lettuce, a reddish discolouration, caused by low temperature during growth, is allowed, unless it seriously affects the appearance of the lettuce.

The roots must be cut close to the base of the outer leaves and the cut must be neat.

The produce must be of normal development. The development and condition of the produce must be such as to enable it:

— to withstand transportation and handling, and

— to arrive in a satisfactory condition at the place of destination.

B. Classification

The produce is classified in two classes, as defined below:

(i) Class I

Produce in this class must be of good quality. It must be characteristic of the variety and/or commercial type.

The produce must also be:

— well formed,

— firm, taking into account the cultivation methods and the type of produce,

— free from damage or deterioration impairing edibility,

— free from frost damage.

Head lettuces must have a single well-formed heart. However, in the case of head lettuces grown under protection, the heart may be small.

Cos lettuces must have a heart, which may be small.

The centre of curled-leaved endives and broad-leaved (Batavian) endives must be yellow in colour.

(ii) Class II

This class includes produce which do not qualify for inclusion in Class I, but satisfy the minimum requirements specified above.

The produce must be:

— reasonably well-formed,

— free from damage and deterioration which may seriously impair edibility.

The following defects may be allowed provided the produce retains its essential characteristics as regards the quality, the keeping quality and presentation:

— slight discolouration,

— slight damage caused by pests.

Head lettuces must have a heart, which may be small. However, in the case of head lettuces grown under protection, absence of heart is permissible.

Cos lettuces may show no heart.

III. PROVISIONS CONCERNING SIZING

Size is determined by the weight of one unit.

To ensure uniformity in size, the range in size between produce in the same package shall not exceed:

(a) Lettuces

— 40 g when the lightest unit weighs less than 150 g per unit,

— 100 g when the lightest unit weighs between 150 g and 300 g per unit,

— 150 g when the lightest unit weighs between 300 g and 450 g per unit,

— 300 g when the lightest unit weighs more than 450 g per unit.

(b) Curled-leaved and broad-leaved (Batavian) endives

— 300 g.

IV. PROVISIONS CONCERNING TOLERANCES

At all marketing stages, tolerances in respect of quality and size shall be allowed in each lot for produce not satisfying the requirements of the class indicated.

A. Quality tolerances

(i) Class I

A total tolerance of 10 per cent, by number, of produce not satisfying the requirements of the class, but meeting those of Class II is allowed. Within this tolerance not more than 1 per cent in total may consist of produce satisfying neither the requirements of Class II quality nor the minimum requirements, or of produce affected by decay.

(ii) Class II

A total tolerance of 10 per cent, by number, of produce satisfying neither the requirements of the class nor the minimum requirements is allowed. Within this tolerance not more than 2 per cent in total may consist of produce affected by decay.

B. Size tolerances

For all classes: a total tolerance of 10 per cent, by number, of produce not satisfying the requirements as regards sizing is allowed.

V. PROVISIONS CONCERNING PRESENTATION

A. Uniformity

The contents of each package must be uniform and contain only produce of the same origin, variety or commercial type, quality and size.

However, a mixture of lettuces and/or endives of distinctly different, varieties, commercial types and/or colours may be packed t