Commission Regulation (EC) No 464/1999 of 3 March 1999 laying down detailed rules for the application of Council Regulation (EC) No 2201/96 as regards aid arrangements for prunes
Date: 1999-03-03
Institutions: European Commission
Subjects: aid system, dried product, fruit product, product quality, production aid, stone fruit

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COMMISSION REGULATION (EC) No 464/1999

of 3 March 1999

laying down detailed rules for the application of Council Regulation (EC) No
2201/96 as regards aid arrangements for prunes

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 2201/96 of
28 October 1996 on the common organisation of the
market in products processed from fruit and vegetables (1),
as amended by Regulation (EC) No 2199/97 (2), and in
particular Articles 3(3) and 4(9) thereof,

Whereas Title I of Regulation (EC) No 2201/96 intro-
duces a system of production aid for certain products
processed from fruit and vegetables; whereas Commission
Regulation (EC) No 504/97 of 19 March 1997 laying
down detailed rules for the application of Council Regula-
tion (EC) No 2201/96 as regards the system of production
aid for products processed from fruit and vegetables (3), as
last amended by Regulation (EC) No 1590/98 (4),
lays
down general rules applicable to that system; whereas
certain detailed rules should be laid down specifically for
prunes, without prejudice to the other provisions of Regu-
lation (EC) No 504/97;

Whereas fruit can be of variable quality; whereas the
minimum price and the production aid should be fixed
for a specified marketing class, the amounts applicable for
the other classes should be derived from that class and
these classes should be defined taking into account, for
the amounts so derived, the characteristics of the different
classes;

Whereas the aim of the minimum quality requirements
referred to in Article 4(4)(b) of Regulation (EC) No 2201/
96 is to avoid the production of products for which no
demand exists or products which would create distortion
of the market; whereas those requirements must be based
on traditional, fair manufacturing procedures; whereas, to
ensure compliance with these provisions, the minimum
characteristics required of dried plums purchased by
processors and prunes qualifying for aid should be
defined;

payable to producers and amounts of production aid for
certain processed fruit and vegetables eligible for produc-
tion aid (5), as last amended by Regulation (EC) No 1591/
98 (6), and in Commission Regulation (EEC) No 2022/85
of 22 July 1985 on minimum quality requirements for
dried plums and prunes eligible for production aid (7),
updating those provisions in line with legal, technical and
economic developments and experience gained; whereas,
therefore, Regulation (EEC) No 2022/85 and Article 3 of
and Annex IV to Regulation (EC) No 1709/84 should be
repealed;

Whereas when products are grown in one Member State
and processed in another the authorities of the Member
State where the products have been grown should provide
proof of payment of the minimum price to the Member
State paying the aid;

Whereas the minimum price and the aid are fixed for
dried products at a specific stage in the traditional
processing process; whereas care must be taken to ensure
that prunes which have received aid are actually processed
into products ready to be offered for human consumption;
whereas, in view of the recent development of semi-dry
prunes and their considerable economic potential, those
products which do not undergo such drying as part of
their processing should not for that reason be denied
eligibility for the aid;

Whereas the measures provided for in this Regulation are
in accordance with the opinion of
the Management
Committee for Products Processed from Fruit and Veget-
ables,

HAS ADOPTED THIS REGULATION:

Article 1

For the purposes of this Regulation:

this Regulation incorporates

Whereas
the provisions
specific to prunes in Article 3 of Commission Regulation
(EEC) No 1709/84 of 19 June 1984 on minimum prices

(a)

‘prunes d’Ente' means physiologically ripe fresh
plums of the prunes d’Ente variety, of the species
Prunus domestica L.;

(1) OJ L 297, 21. 11. 1996, p. 29.
(2) OJ L 303, 6. 11. 1997, p. 1.
(3) OJ L 78, 20. 3. 1997, p. 14.
(4) OJ L 208, 24. 7. 1998, p. 11.

(5) OJ L 162, 20. 6. 1984, p. 8.
(6) OJ L 208, 24. 7. 1998, p. 14.
(7) OJ L 191, 23. 7. 1985, p. 31.

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(b)

(c)

(d)

(e)

‘dried plums' means products obtained by dehydration
of prunes d’Ente;

‘dry prunes' means prunes obtained from dried plums
with a maximum moisture content of 23 %;

‘semi-dry prunes' means prunes obtained by dehy-
drating prunes d’Ente until a moisture content of 30
to 35 % is achieved, without any rehydration process;

‘lot' means a number of containers presented together
by a producer or recognised producer group for accep-
tance by a processor.

Article 2

To qualify for payment of the aid referred to in Article 2
of Regulation (EC) No 2201/96, prunes must comply with
the characteristics set out in Annex I(B) and have been
obtained from dried plums complying with the character-
istics set out in Annex I(A) for which the minimum price
has been paid in full.

Article 4

Where processing takes place outside the Member State
in which the product was grown, that Member State shall
furnish proof to the Member State paying the production
aid that the minimum price payable to the producer has
been paid.

Article 5

Verification of the quality requirements for dried
1.
plums shall be carried out on the basis of samples taken
by the processor from a lot, before sizing and in agree-
ment with the producer. The samples shall be examined
by both the processor and the producer and the results of
the verification shall be recorded.

2.
For prunes during the processing period the
processor shall verify by sampling of each lot that the
products meet the qualifying requirements for aid. The
verification results shall be recorded. The minimum net
weight of each sample examined shall be 1 kg.

Article 3

Article 6

1.
The minimum price payable to producers for dried
plums and the production aid for prunes shall be fixed
per 100 kilograms net for products with a maximum
moisture content of 23 % in the size category corres-
ponding to 66 fruits per 500 g.

Member States shall take the necessary steps to satisfy
themselves, in particular by checking stock records, that
prunes which have
subsequently
processed into products as referred to in Article 1(2)(c) of
Regulation (EC) No 504/97.

received aid are

For other size categories the minimum price and the aid
shall be multiplied by one of the coefficients listed in
Annex II.

2.
For the purpose of applying the minimum price and
production aid to semi-dry prunes, the size and weight
shall be taken as the equivalent size and weight of dried
plums and dry prunes, multiplying the size by 1,18461
and the weight by 0,84416.

Article 7

Article 3 of and Annex IV to Regulation (EC) No 1709/84
and Regulation (EEC) No 2022/85 are hereby repealed.

Article 8

This Regulation shall
marketing year.

apply

from the 1999/2000

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 3 March 1999.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX I

Part A. Minimum quality requirements for dried plums

I. MINIMUM CHARACTERISTICS

1. Dried plums must be of sound and fair merchantable quality and fit for processing.

2. Dried plums must have a maximum moisture content of 23 %, except for fruit intended for the production

of semi-dry prunes, which must have a moisture content of between 30 and 35 %.

3. Dried plums must be of a size corresponding to less than 105 plums per 500 g, except for fruit intended for
the production of semi-dry prunes the size of which must correspond to less than 81 plums per 500 g.

4. The fruit must be:

(a) well dried, sound, that is to say, free from mould, rot, insects, whether live or dead, and insect

excrement;

(b) fleshy, clean and free from dirt;

(c) free from foreign smell and taste;

(d) practically free from defects and waste.

II. TOLERANCES

The following tolerances are allowed:

1. Dried plums for industrial uses

(a) 0,3 % by weight of waste

(b) 100 % of fruit with slight and/or serious defects

(c) 10 % by weight of fruit with very serious defects

(d) 5 % of fruit of a size corresponding to 105 plums or more per 500 g

2. Other dried plums

(a) 0,2 % by weight of waste

(b) 0,5 % by weight of fruit with very serious defects

(c) 7,5 % by weight of fruit with serious or very serious defects

(d) 15 % by weight of fruit with defects

III. DEFECTS

Defects fall into three categories:

— slight defects, which are minor defects of the skin,

— serious defects, which are mainly serious defects of the skin,

— very serious defects, which are mainly defects where the flesh has been damaged.

The following definitions shall apply:

1. Slight defects

(a) Terminal cracks or fissures

Fissures in the skin more than 10 mm but not more than 15 mm in length at the end opposite the
stem cavity.

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(b) Small skin perforations

Torn, damaged or missing skin, either over an area equal to or less than 7 mm long but more than 3
mm wide with the flesh not emerging from the lesion or over an area more than 7 mm long but less
than 3 mm wide with the flesh remaining visible.

(c) Lesions due to hail, of an aggregate area exceeding 3 mm in diameter

Scars caused by hail of an aggregate area not exceeding 10 mm in diameter.

(d) Grey patches, russeting or scabs, of an aggregate area exceeding 6 mm in diameter

This defect consists of a hard thickening of the skin, making patches of various shapes of an aggregate
area not exceeding 20 mm in diameter.

2. Serious defects

(a) Consistency defect

This effect is usually due to insufficient ripening, resulting in defective colouring and soft flesh with a
skin characterised by numerous shallow wrinkles.

(b) Cracks due to bursting

Non-terminal cracks due to bursting of the fruit, followed by healing with hard excrescences, over a
length exceeding 10 mm.

(c) Terminal cracks

Cracks at the apex exceeding 15 mm in length.

(d) Perforations

Torn, damaged or missing skin over an area larger than indicated for classification as a slight defect.

(e) Partly crushed fruit

Partly crushed fruit, parts of fruit or markedly misshapen fruit with the flesh in evidence.

(f) Lesions due to hail

Lesions due to hail, with scars over an aggregate area exceeding 10 mm in diameter.

(g) Grey patches, russeting or scabs

Thick hard patches over an aggregate area exceeding 20 mm in diameter.

(h) Fissures

Skin fissures more than 15 mm in length opposite the stem cavity or deep fissures revealing the kernel.

(i) Deformation due to sun scorch

Severe deformation due to sun scorch, resulting in the virtual absence of flesh on part of one side of the
fruit, with the skin adhering unwrinkled to the kernel.

3. Very serious defects

(a) Caramelised fruit

Fruit caramelised by too much heat, showing very dark colouring of the flesh or gaps between the
kernel and flesh.

(b) Monilia-attacked fruit

Fruit with light patches caused by Monilia attack, arrested by drying, with damaged skin.

(c) Soiled fruit

Fruit soiled by the presence of foreign matter (especially earth) which could be removed.

(d) Completely crushed fruit

Completely crushed fruit or parts of fruit.

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4. Waste

The term ‘waste' is used to mean any material that may not, because of its nature or condition, be offered
for human consumption or that, if it remained mixed with the fruit whatever its end-use, might:

— reduce its keeping qualities,

— impair its appearance,

— transmit unacceptable taste, odour or other defects to it.

The following are regarded as ‘waste':

(a) Fruit bearing active mould

Fruit bearing mould which is spreading.

(b) Moniliated-mummified fruit

Individual fruits or fruits which are compacted or welded together, the pulp having been destroyed and
mummified by the complete development of Monilia.

(c) Rotten fruit

Fruit whose edibility is impaired or destroyed by micro-organisms (yeasts, moulds, bacteria).

(d) Fruit infested by insects and mites

Fruits infested by live or dead animal pests (insects and mites at any stage in their biological cycle) or by
insect excrement.

(e) Fruit encrusted with earth or other soil constituents

(f) Burnt fruit

Fruit burnt by excessive heat, showing gaps between the flesh and kernel, or characteristic swelling
giving the shape of fresh plums.

(g) Foreign matter

Individual inedible parts of the fruit, such as stems, kernels and skin fragments, and foreign bodies or
matter such as leaves, twigs and other plant matter, soil constituents such as earth or stones.

Part B: Minimum quality requirements for prunes

I. MINIMUM CHARACTERISTICS

1. Prunes must be obtained from dried plums with the characteristics set out in Part A.

2. Prunes must have a maximum moisture content of 23 %, except for semi-dry prunes, which must have a

moisture content of between 30 and 35 %.

3. Prunes must be sorted and size-graded unless intended for industrial use.

4. Prunes must be:

— intact, sound, fleshy, clean, free from mould, rot and waste,

— practically free from blemish liable to impair the quality or appearance of the product,

— free from insects, whether live or dead, and insect excrement,

— free from abnormal smell and taste,

— of a size corresponding to less than 105 prunes per 500 g, with the exception of semi-dry prunes, for

which the number of fruit must be less than 81 prunes per 500 g.

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II. TOLERANCES

1. Prunes for industrial uses

(a) 100 % of fruit with slight and/or serious defects

(b) 10 % by weight of fruit with very serious defects

(c) 5 % of fruit of a size corresponding to 105 prunes or more per 500 g

2. Semi-dry prunes

(a) 0,3 % by weight of fruit with very serious defects

(b) 5 % by weight of fruit with serious or very serious defects

(c) 10 % by weight of fruit with defects

3. Other prunes

(a) 0,5 % by weight of fruit with very serious defects

(b) 7,5 % by weight of fruit with serious or very serious defects

(c) 15 % by weight of fruit with defects

Part A is applicable for determining the seriousness of the defects.

III. DEFECTS

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ANNEX II

Coefficients referred to in Article 3

Number of dried plums
or prunes per 500 g

Coefficient

From 103 to less than 105

From 101 to less than 103

From 99 to less than 101

From 97 to less than 99

From 95 to less than 97

From 93 to less than 95

From 91 to less than 93

From 89 to less than 91

From 87 to less than 89

From 85 to less than 87

From 83 to less than 85

From 81 to less than 83

From 79 to less than 81

From 77 to less than 79

From 75 to less than 77

From 73 to less than 75

From 71 to less than 73

From 69 to less than 71

From 67 to less than 69

From 65 to less than 67

From 63 to less than 65

From 61 to less than 63

From 59 to less than 61

From 57 to less than 59

From 55 to less than 57

From 53 to less than 55

From 51 to less than 53

From 49 to less than 51

From 47 to less than 49

From 45 to less than 47

From 43 to less than 45

From 41 to less than 43

From 39 to less than 41

From 37 to less than 39

From 35 to less than 37

From 33 to less than 35

Less than 33

0,65458

0,67276

0,69094

0,70912

0,72730

0,74548

0,76366

0,78184

0,80002

0,81820

0,83638

0,85456

0,87274

0,89092

0,90910

0,92728

0,94546

0,96364

0,98182

1,00000

1,05881

1,07771

1,09662

1,11552

1,13443

1,15333

1,17224

1,19114

1,21005

1,22895

1,24786

1,26676

1,28567

1,30458

1,32348

1,34239

1,36129

Size

104

102

100

98

96

94

92

90

88

86

84

82

80

78

76

74

72

70

68

66

64

62

60

58

56

54

52

50

48

46

44

42

40

38

36

34

32

For dried plums and prunes intended for industrial uses irrespective of their size, the coefficient to be
applied is 0,4000.