WRITTEN QUESTION E-1681/99

by Karl von Wogau (PPE-DE) to the Commission

(22 September 1999)

Subject: Possibility of marketing broken asparagus shoots

Is the Commission aware that strictly applying the marketing standard for asparagus laid down in Regulation (EEC) No 454/92(1) means broken asparagus shoots may only be sold direct from the farm and not by retail or wholesale outlets?

Would the Commission consider introducing a further category for the marketing of asparagus, permitting broken asparagus shoots to be sold on the market?

The regulation in question means in practice that asparagus which does not comply in all particulars with the standards laid down may not be placed on the market. Fines are imposed on anyone infringing the regulations.

It is only on the grounds of their appearance that broken asparagus shoots fail to meet the standards for the quality classes laid down in the regulation, for example because the tips are missing or the length or diameter of the shoots deviate from the standard. Broken asparagus shoots do not pose any health risk to consumers.

The regulation in question denies consumers the possibility of deciding for themselves what type of asparagus they wish to purchase. The lack of a sales outlet for broken asparagus shoots also leads to nutritious food being destroyed.

(1) OJ L 52, 27.2.1992, p. 29.

Answer given by Mr Fischler on behalf of the Commission

(26 October 1999)

Commission Regulation (EEC) No 454/92 of 26 February 1992 laying down quality standards for asparagus stipulates that asparagus shoots must be whole and not broken (point II.A of the Annex to this Regulation). This means that broken asparagus may not be marketed in the Community under this standard.

A classification system for fresh fruit and vegetables serves a number of purposes, which include the establishment of a frame of reference contributing to fair trade and transparent markets and the elimination of products whose unsatisfactory quality can deeply disturb the market for products of satisfactory quality. The general objective of the marketing standards is to help improve the profitability of the fruit and vegetables sector.

In this context, there are two reasons why broken asparagus should not be marketed: firstly, it is easy to mislead the consumer by mixing pieces of tender asparagus with pieces of woody asparagus (inedible), a practice which it is very difficult to check, and the absence of buds hinders preservation of this product; secondly, the marketing of broken asparagus would have a negative impact on the fairly buoyant market for fresh asparagus, particularly in Germany, where production is increasing appreciably each year (by 25 % in area and 50 % in production since 1993).

The marketing of broken asparagus is not, however, prohibited. In accordance with Article 3(3)(b) of Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables(1), products transferred by the producer on his holding to consumers are not required to conform to the quality standards: broken asparagus may therefore be marketed on the farm. Furthermore, the marketing standard does not apply to asparagus intended for processing, which absorbs large quantities. The product is not normally destroyed.

(1) OJ L 297, 21.11.1996.