2004/765/EC: Commission Decision of 22 October 2004 concerning a draft Regulation from the Federal Republic of Germany on the labelling of fruit, vegetables and potatoes treated after harvesting (notified under document number C(2004) 4029)Text with EEA relevance
Date: 2004-10-22
Institutions: European Commission
Subjects: Germany, fruit, labelling, plant health treatment, potato, vegetable

16.11.2004

EN

Official Journal of the European Union

L 339/11

COMMISSION DECISION

of 22 October 2004

concerning a draft Regulation from the Federal Republic of Germany on the labelling of fruit,
vegetables and potatoes treated after harvesting

(notified under document number C(2004) 4029)

(Only the German text is authentic)

(Text with EEA relevance)

(2004/765/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

other Member States via the Standing Committee on the
Food Chain and Animal Health.

Having regard to the Treaty
Community,

establishing the European

(4)

the European
Having regard to Directive 2000/13/EC of
Parliament and of
the Council of 20 March 2000 on the
approximation of the laws of the Member States relating to
the labelling, presentation and advertising of foodstuffs (1), and
in particular Articles 19 and 20 thereof,

Whereas:

(1)

(2)

In accordance with the procedure provided for in Article
19(2) of Directive 2000/13/EC, the German authorities
notified the Commission on 1 March 2004 of a draft
Regulation amending the Regulation on maximum
residue limits, with a view to adding to it specific
provisions on the compulsory labelling of fruit, vege-
tables
treated with plant protection
substances after harvesting for the purpose of preser-
vation.

and potatoes

Pursuant to the new Article 3a added by the aforemen-
tioned draft Regulation, directions on the labels of fruit,
vegetables or potatoes treated after harvesting should
state ‘treated after harvesting with …’ followed by the
name of the substance.

(5)

(6)

the use of

Community law already contains certain provisions to
ensure that
these substances does not
present a risk to consumers’ health. These substances
have to be authorised, pursuant
to Council Directive
91/414/EEC of 15 July 1991 concerning the placing of
plant protection products on the market (2),
and
maximum levels
in
accordance with Council Directive 90/642/EEC of 27
November 1990 on the fixing of maximum levels for
pesticide residues in and on certain products of plant
origin, including fruit and vegetables (3).

established

residues

are

for

in some cases,

it may be useful

Furthermore,
for
consumers to be informed, by means of a specific
warning on the label, where foodstuffs have been
they can choose
treated after harvesting so that
between products which have been treated and those
which have not or take precautions such as washing or
peeling the products. This type of measure is already in
place for citrus fruit under Commission Regulation (EC)
No 1799/2001 (4), in particular because of the method
for calculating the maximum residue levels which, for
these products,
they are
normally consumed peeled.

into account

takes

that

However, such a measure applied unilaterally and indis-
criminately by Germany in respect of all fruit and vege-
tables would be sure to hinder intra-Community trade to
a disproportionate extent. It would oblige producers or
operators in other Member States to provide specific
fruit, vegetables and potatoes imported
labelling for
into Germany and to take measures to this effect right
from the start of the production process, depending on
the destination of the products.

(3)

In accordance with the provisions of Article 19(2) of
the Commission consulted the
Directive 2000/13/EC,

(1) OJ L 109, 6.5.2000, p. 29. Directive as last amended by Directive

2003/89/EC (OJ L 308, 25.11.2003, p. 15).

(2) OJ L 230, 19.8.1991, p. 1. Directive as

last amended by

Commission Directive 2004/99/EC (OJ L 309, 6.10.2004, p. 6).
(3) OJ L 350, 14.12.1990, p. 71. Directive as last amended by
Commission Directive 2004/95/EC (OJ L 301, 28.9.2004, p. 42).
(4) OJ L 244, 14.9.2001, p. 12. Regulation as last amended by Regu-

lation (EC) No 907/2004 (OJ L 163, 30.4.2004, p. 50).

L 339/12

EN

Official Journal of the European Union

16.11.2004

(7)

(8)

(9)

limitatively

in Article

The cases where non-harmonised national provisions
governing the labelling and presentation of certain food-
stuffs or foodstuffs in general may be acceptable are
listed
of Directive
2000/13/EC. Apart from cases relating to the protection
of public health, such measures may be admissible only
where justified for
the
protection of industrial and commercial property rights,
indications of provenance,
registered designations of
origin and prevention of unfair competition.

the prevention of

fraud or

18(2)

(11) Member States should therefore suspend any national

initiatives in this area.

(12)

(13)

these observations,

In light of
the Commission has
delivered a negative opinion pursuant to Article 19(3)
of Directive 2000/13/EC.

The measures provided for
accordance with
Committee on the Food Chain and Animal Health,

in this Decision are in
Standing
the

opinion

the

of

Germany has not provided any evidence that the draft
Regulation is necessary to attain one of the objectives of
the abovementioned Article 18 or that the obstacle thus
created is proportionate.
It mentions only the aim of
informing consumers on post-harvesting treatments.

Consequently, a Community labelling measure should be
created for cases where it would be desirable to inform
consumers of post-harvesting treatments, as envisaged by
Germany. This is the case for sodium orthophenylphenol
and orthophenylphenate, as Directive 2003/114/EC of
the European Parliament and of the Council (1) provides
that they are to be removed from the scope of the legis-
lation on additives as soon as provisions on the labelling
of foods treated with these substances come into force
pursuant
down
to Community
maximum levels of pesticide residues.

legislation

laying

HAS ADOPTED THIS DECISION:

Article 1

The Federal Republic of Germany is required to refrain from
adopting its draft Regulation amending the Regulation on
maximum residue limits with a view to adding to it specific
provisions on the compulsory labelling of fruit, vegetables and
potatoes
after
harvesting for the purpose of preservation.

treated with plant protection substances

Article 2

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 22 October 2004.

(10)

The Commission will be continuing discussions with the
Member States with regard to other extensions of
labelling to indicate treatment after harvesting.

For the Commission

David BYRNE
Member of the Commission

(1) OJ L 24, 29.1.2004, p. 58.