Commission Regulation (EC) No 1135/2001 of 8 June 2001 amending the provisions concerning sizing, presentation and labelling laid down in the marketing standards for certain fresh vegetables and amending Regulation (EC) No 659/97
Date: 2001-06-08
Institutions: European Commission
Subjects: agri-foodstuffs, fruit, fruit vegetable, labelling, leaf vegetable, marketing standard

9.6.2001

EN

Official Journal of the European Communities

L 154/9

COMMISSION REGULATION (EC) No 1135/2001

of 8 June 2001

amending the provisions concerning sizing, presentation and labelling laid down in the marketing
standards for certain fresh vegetables and amending Regulation (EC) No 659/97

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

(4)

Having regard to Council Regulation (EC) No 2200/96 of 28
October 1996 on the common organisation of the market in
fruit and vegetables (1), as last amended by Commission Regu-
lation (EC) No 911/2001 (2), and in particular Articles 2(2) and
48 thereof,

Whereas:

therefore be provided for and the corresponding provi-
sions on labelling laid down.

Any risk of confusion between miniature produce and
non-miniature product varieties or those that have not
sufficiently developed should be avoided during with-
drawal operations. To prevent misuse and to ensure that
controls are effective, Commission Regulation (EC) No
659/97 laying down detailed rules for the application of
Council Regulation (EC) No 2200/96 as regards inter-
and vegetables
in the
vention arrangements
sector (9), as last amended by Regulation (EC) No 398/
2000 (10), should be amended to provide that the poss-
ibility of withdrawing produce in bulk without sizing is
not extended to miniature produce.

fruit

(1)

Article 2 of Regulation (EC) No 2200/96 lays down that,
when adopting standards for fresh fruit and vegetables,
the Commission must take account of the international
standards laid down by the United Nations Economic
Commission for Europe. Those standards lay down that
aubergines, cauliflowers, cabbages and courgettes may
be marketed in the form of miniature produce, subject
to special rules on presentation and labelling. The Regu-
lations laying down the marketing standards for those
products should therefore be amended accordingly, i.e.
Commission Regulation (EEC) No 1292/81 of 12 May
1981 laying down quality standards for aubergines and
courgettes (3), as last amended by Regulation (EC) No
888/97 (4), Commission Regulation (EEC) No 1591/87
of 5 June 1987 laying down quality standards for
cabbages,
and
sprouts,
spinachs (5), as last amended by Regulation (EC) No
1168/1999 (6), and Commission Regulation (EC) No
963/98 of 7 May 1998 laying down marketing stan-
dards for cauliflowers and artichokes (7), as last amended
by Regulation (EC) No 2551/1999 (8).

Brussels

ribbed

celery,

(2)

Some varieties of courgette, aubergine, cauliflower and
cabbage can reach maturity while remaining below the
minimum sizes laid down in the relevant marketing
standards. The standards should therefore lay down that
the size requirements do not apply to miniature
produce. However, provisions must be laid down to
ensure uniformity of size and suitable labelling of minia-
ture produce.

(3)

There is an undeniable commercial interest in marketing
mixtures of species of miniature produce. Such presenta-
the miniature vegetables concerned should
tion for

(1) OJ L 297, 21.11.1996, p. 1.
(2) OJ L 129, 11.5.2001, p. 3.
(3) OJ L 129, 15.5.1981, p. 38.
(4) OJ L 126, 17.5.1997, p. 11.
(5) OJ L 146, 6.6.1987, p. 36.
(6) OJ L 141, 4.6.1999, p. 5.
(7) OJ L 135, 8.5.1998, p. 18.
(8) OJ L 308, 3.12.1999, p. 26.

(5)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Fresh Fruit and Vegetables,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 1292/81 is amended as follows:

1. In Annex II

(Quality standard for aubergines), Title III
(Provisions concerning sizing), the following subparagraph
and the associated footnote are added:

size

‘The
produce (a).

requirements

shall not apply to miniature

(a) Miniature produce means a variety or cultivar of
aubergine, obtained by plant breeding and/or special
cultivation techniques, excluding aubergines of non-
miniature varieties which have not fully developed or
are of inadequate size. All other requirements of the
standards must be met.’

(Quality standard for aubergines), Title V
2. In Annex II
(Provisions
paragraph A
concerning
(Uniformity), the following subparagraph is inserted after
the second subparagraph:

presentation),

‘Miniature aubergines must be reasonably uniform in size.
They may be mixed with other miniature products of a
different type and origin.’

(9) OJ L 100, 17.4.1997, p. 22.
(10) OJ L 50, 23.2.2000, p. 7.

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Official Journal of the European Communities

9.6.2001

3. In Annex II

(Quality standard for aubergines), Title VI
(Provisions concerning marking), paragraph D (Commer-
cial specifications), the following indent is added:

2. In Title V (Provisions concerning presentation), paragraph
the following subparagraph is inserted

A (Uniformity),
after the second subparagraph:

‘— “mini aubergines”, “baby aubergines” or other appro-
priate term for miniature produce, where appropriate.
Where several types of miniature produce are mixed
in the same package, all products and their respective
origins must be mentioned.’

4. In Annex III

(Quality standard for courgettes), Title III
(Provisions concerning sizing), the following subparagraph
and the associated footnote are added:

size

‘The
produce (2).

requirements

shall not apply to miniature

(2) Miniature produce means a variety or cultivar of
aubergine, obtained by plant breeding and/or special
cultivation techniques, excluding aubergines of non-
miniature varieties which have not fully developed or
are of inadequate size. All other requirements of the
standards must be met.’

‘Miniature cabbages must be reasonably uniform in size.
They may be mixed with other miniature products of a
different type and origin.’

3. In Title VI (Provisions concerning marking), paragraph D
(Commercial specifications), the following indent is added:

‘— “mini cabbages”, “baby cabbages” or other appropriate
term for miniature produce, where
appropriate.
Where several types of miniature produce are mixed
in the same package, all products and their respective
origins must be mentioned.’

Article 3

Annex I
follows:

to Regulation (EEC) No 963/98 is amended as

(Quality standard for courgettes), Title V
5. In Annex III
(Provisions
paragraph A
(Uniformity), the following subparagraph is inserted after
the first subparagraph:

presentation),

concerning

‘Miniature courgettes must be reasonably uniform in size.
They may be mixed with other miniature products of a
different type and origin.’

6. In Annex III

(Quality standard for courgettes), Title VI
(Provisions concerning marking), paragraph D (Commer-
cial specifications), the following indent is added:

‘— “mini courgettes”, “baby courgettes” or other appro-
priate term for miniature produce, where appropriate.
Where several types of miniature produce are mixed
in the same package, all products and their respective
origins must be mentioned.’

Article 2

Annex I
follows:

to Regulation (EEC) No 1591/87 is amended as

1. In Title III

(Provisions concerning sizing),
subparagraph and the associated footnote are added:

the following

1. In Title III

(Provisions concerning sizing),
subparagraph and the associated footnote are added:

the following

size

‘The
produce (2).

requirements

shall not apply to miniature

(2) Miniature produce means a variety or cultivar of
aubergine, obtained by plant breeding and/or special
cultivation techniques, excluding aubergines of non-
miniature varieties which have not fully developed or
are of inadequate size. All other requirements of the
standards must be met.’

2. In Title V (Provisions concerning presentation), paragraph
the following subparagraph is inserted

A (Uniformity),
after the first subparagraph:

‘Miniature cauliflowers must be reasonably uniform in
size. They may be mixed with other miniature products
of a different type and origin.’

3. In Title VI (Provisions concerning marking), paragraph D
(Commercial specifications), the following indent is added:

‘— “mini

“baby

cauliflowers”,

cauliflowers” or other
appropriate term for miniature produce, where appro-
priate. Where several types of miniature produce are
mixed in the same package, all products and their
respective origins must be mentioned.’

size

‘The
produce (a).

requirements

shall not apply to miniature

(a) Miniature produce means a variety or cultivar of
aubergine, obtained by plant breeding and/or special
cultivation techniques, excluding aubergines of non-
miniature varieties which have not fully developed or
are of inadequate size. All other requirements of the
standards must be met.’

Article 4

In Article 2(2) of Regulation (EC) No 659/97, the second
subparagraph is replaced by the following:

‘However,
tomatoes withdrawn from 16 July to 15
October, as well as miniature produce as defined in the
relevant marketing standards, must comply with the
applicable marketing standard.’

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Official Journal of the European Communities

L 154/11

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of
the European Communities.

Article 5

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

Done at Brussels, 8 June 2001.

For the Commission

Franz FISCHLER

Member of the Commission