Commission Regulation (EC) No 214/2004 of 6 February 2004 laying down the marketing standard for cherries
Date: 2004-02-06
Institutions: European Commission
Subjects: marketing standard, stone fruit

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 214/2004

of 6 February 2004

laying down the marketing standard for cherries

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 2200/96 of 28
October 1996 on the common organisation of the market in
fruit and vegetables (1), and in particular Article 2(2) thereof,

Whereas:

(1)

(2)

(3)

for

Cherries are among the products listed in Annex I to
Regulation (EC) No 2200/96 for which standards must
be adopted. In the interest of clarity, Commission Regu-
lation (EEC) No 899/87 of 30 March 1987 laying down
cherries (2), which has been
quality standards
amended several times, should be repealed and replaced
by a new regulation. To that end, and in the interest of
preserving transparency on the world market, account
should be taken of
the UN/ECE standard FFV-13
concerning marketing and quality control of cherries
recommended by the Working Party on Standardisation
of Perishable Produce and Quality Development of the
United Nations Economic Commission for Europe (UN/
ECE).

Application of
these new standards should remove
products of unsatisfactory quality from the market, bring
production into line with consumer requirements and
facilitate
thereby
trade based on fair
helping to improve profitability.

competition,

The standards are applicable at all marketing stages.
Long-distance transport, storage over a certain period
and the various processes the products undergo may
cause some degree of deterioration owing to the biolo-
gical development of the products or their perishable

nature. Account should be taken of such deterioration
when applying the standard at
the marketing stages
following dispatch.

As products in the ‘Extra’ class have to be particularly
carefully sorted and packaged, only lack of freshness and
turgidity is to be taken into account in their case.

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

(4)

(5)

HAS ADOPTED THIS REGULATION:

Article 1

The marketing standard for cherries falling within CN code
0809 20 shall be as set out in the Annex.

The standards shall apply at all marketing stages under the
conditions laid down in Regulation (EC) No 2200/96.

However, at stages following dispatch, products may show, in
relation to the requirements of the standard, a slight lack of
freshness and turgidity; products graded in classes other than
the ‘Extra’ class may show in addition slight deteriorations due
to their development and their tendency to perish.

Regulation (EEC) No 899/87 is repealed

Article 2

Article 3

This Regulation shall enter
into force on the 20th 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.

Done at Brussels, 6 February 2004.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 297, 21.11.1996, p. 1. Regulation as last amended by
Commission Regulation (EC) No 47/2003 (OJ L 7, 11.1.2003, p.
64).

(2) OJ L 200, 21.7.1987, p. 18. Regulation as last amended by Regu-

lation (EC) No 46/2003 (OJ L 7, 11.1.2003, p. 61).

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ANNEX

STANDARD FOR CHERRIES

I. DEFINITION OF PRODUCE

This standard applies to cherries, of varieties (cultivars) derived from Prunus avium L., Prunus cerasus L., or hybrids
thereof, to be supplied fresh to the consumer, cherries for industrial processing being excluded.

II. PROVISIONS CONCERNING QUALITY

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

A. Minimum requirements

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

— intact,

— fresh in appearance,

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

— firm (according to the variety),

— clean, practically free of any visible foreign matter,

— practically free from pests,

— practically free from damage caused by pests,

— free from abnormal external moisture,

— free of any foreign smell and/or taste,

— with the stem attached (1).

The cherries must be carefully picked.

They must be sufficiently developed and display satisfactory ripeness. The development and the condition must be
such as to enable them:

— to withstand transport and handling and

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

B. Classification

Cherries are classified into three classes, defined below:

(i) ‘Extra’ Class

Cherries in this class must be of superior quality. They must be well developed and have all the characteristics
and the typical colouring of the variety.

They must be free from defects with the exception of very slight superficial skin 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

Cherries in this class must be of good quality. They must be characteristic of the variety.

(1) Missing stems are allowed provided the skin is not damaged and there is no severe leakage of juice in the case of sour cherries and

cherries of the type ‘Picota’ or equivalent denominations, which naturally lose the stem at harvest.

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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 colouring.

They must be free of burns, cracks, bruises or defects caused by hail.

(iii) Class II

This class includes cherries which do not qualify for inclusion in the higher classes, but satisfy the minimum
requirements specified above.

The following defects may be allowed provided the cherries retain their essential characteristics as regards the
quality, the keeping quality and presentation:

— defects in shape and colouring, on condition that they retain the characteristics of the variety,

— small, healed surface scars, not likely to impair significantly the appearance or the keeping quality of the

fruit.

III. PROVISIONS CONCERNING SIZING

Size is determined by the maximum diameter of the equatorial section. Cherries must have the following minimum
sizes:

— ‘Extra’ Class: 20 mm,

— Classes I and II: 17 mm.

IV. PROVISIONS CONCERNING TOLERANCES

Tolerances in respect of quality and size shall be allowed in each package for produce not satisfying the require-
ments of the class indicated.

A. Quality tolerances

(i) ‘Extra’ Class

5 % by number or weight of cherries not satisfying the requirements of the class but meeting those of Class I,
or exceptionally, coming within the tolerances of that class, with the exception of overripe fruit. Within this
tolerance, not more than 2 % in total may consist of split and/or worm-eaten fruit.

(ii) Class I

10 % by number or weight of cherries not satisfying the requirements of the class but meeting those of Class II
or, exceptionally, coming within the tolerances of that class. Within this tolerance, not more than 4 % may
consist of split and/or worm-eaten fruit.

In addition to this, 10 % of cherries without stem are allowed provided that the skin is not damaged and there
is no severe leakage of juice.

(iii) Class II

10 % by number or weight of cherries satisfying neither the requirements of the class nor the minimum require-
ments, with the exception of produce affected by rotting or any other deterioration rendering it unfit for
consumption. Within this tolerance, not more than 4 % in total may consist of overripe and/or split and/or
worm-eaten fruit. Not more than 2 % in total may consist of overripe fruit.

In addition to this, 20 % of cherries without stem are allowed provided that the skin is not damaged and there
is no severe leakage of juice.

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B. Size tolerances

For all classes: 10 % by number or weight of cherries not conforming to the minimum size specified, provided,
however, that the diameter is not less than:

— 17 mm in the ‘Extra’ Class,

— 15 mm in Classes I and II.

V. PROVISIONS CONCERNING PRESENTATION

A. Uniformity

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

In addition, cherries in the ‘Extra’ Class must be of uniform colouring and ripeness.

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

Notwithstanding the preceding provisions in this point, products covered by this Regulation may be mixed, in sales
packages of a net weight of three kilograms or less, with different types of fresh fruit and vegetables on the condi-
tions laid down by Commission Regulation (EC) No 48/2003 (1).

B. Packaging

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

The materials used inside the package must be new, clean and of a quality such as to avoid causing any external or
internal damage to the produce. The use of materials and particularly of paper or stamps bearing trade specifications
is allowed provided that the printing or labelling has been done with non-toxic ink or glue.

The packages must be free of all foreign matter.

VI. PROVISIONS CONCERNING MARKING

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

A.

Identification

Packer and/or dispatcher: name and address or officially issued or accepted code mark. However, in the case where a
code mark is used, the reference ‘packer and/or dispatcher’ (or equivalent abbreviations) has to be indicated in close
connection with the code mark.

B. Nature of produce

— ‘Cherries’, where the contents are not visible from the outside,

— ‘Sour Cherries’, where appropriate,

— ‘Picota’ or equivalent denomination where appropriate,

— name of the variety (optional).

C. Origin of produce

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

D. Commercial specifications

Class.

E. Official control mark (optional)

(1) OJ L 7, 11.1.2003, p. 65.