Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, with regard to proposals of quality standards for fruit and vegetables to be adopted in the United Nations Economic Commission for Europe - Working Party on Agricultural Quality Standards (UNECE-WP.7)
Date: 2017-08-14
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: UN regional commission, dried product, fruit, marketing standard, product quality, quality control of agricultural products, quality standard, technical barriers to trade, the EU's international role, vegetable

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   EUROPEAN COMMISSION  Brussels, 14.8.2017  COM(2017) 425 final 2017/0191 (NLE)   Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, with regard to proposals of quality standards for fruit and vegetables to be adopted in the United Nations Economic Commission for Europe - Working Party on Agricultural Quality Standards (UNECE-WP.7)  
 
EXPLANATORY MEMORANDUM 

The  standard-setting  activities  of  the  United  Nations  Economic  Commission  for  Europe 
(UNECE)  are  carried  out  by  the  Working  Party  on  Agricultural  Quality  Standards  (WP.7) 
according the Geneva Understanding on Agricultural Quality Standards1.  
The WP.7 operates in accordance with its terms of reference2 and working procedures3 for the 
adoption  of  the  UNECE  agriculture  quality  standards.  The  proposals  of  UNECE  quality 
standards on fruit and vegetables are prepared by the Specialised Section on Standardisation 
of Fresh Fruit and Vegetables and by Specialised Section on Standardisation of Dry and Dried 
Produce, respectively. The proposals are then adopted by consensus by UNECE WP.7 or sent 
back for discussion in the Specialised Sections. This exercise takes place annually.  

All  members  of  the  United  Nations  or  of  its  specialised  agencies  may  participate  to  the 
UNECE  work  on  agricultural  quality  standards;  Member  States  of  the  European  Union 
participate  regularly  to  this  work.  The  European  Union  participates  as  an  observer,  in  the 
UNECE WP.7 and its Specialised Sections on Standardisation of Fresh Fruit and Vegetables 
and of Dry and Dried Produce. 
At the Union level, according to Articles 75(1) and 76(1) of Regulation (EU) No 1308/20134 
products of the fruit and vegetables sector which are intended to be sold fresh to the consumer 
may  only  be  marketed  if  they  conform  with  the  applicable  marketing  standards,  if  they  are 
sound, fair and of marketable quality and if the country of origin is indicated.  

Pursuant to Article 75(2) of Regulation (EU) No 1308/2013 the Commission is empowered to 
set  out  marketing  standards  in  the  fruit  and  vegetables  sector  by  a  delegated  act.  Specific 
marketing  standards  are  laid  down  for  certain  fruit  and  vegetable  products  by  Commission 
Implementing Regulation (EU) No 543/20115. These specific marketing standards are based 
on the UNECE quality standards for these products. 

Article  3(1)  of  the  Commission  Implementing  Regulation  (EU)  No  543/2011  provides  that 
products not covered by a specific EU marketing standard are considered as conforming to the 
general  marketing  standard  when  they  are  in  conformity  with  any  applicable  standards 
adopted  by  the  UNECE.  Recital  6  of  Commission  Implementing  Regulation  (EU)  No 
543/2011 provides that specific marketing standards which are laid down for certain products, 
should be those as set out in the UNECE standards. 

The  UNECE  standards  define  minimum  quality  levels  that  provide  a  common  language  to 
facilitate  fair  trade,  prevent  technical  barriers  to  trade  and  increase  transparency  in  the 
markets.  They  promote  sustainable  marketing  of  quality  agricultural  produce,  keep  low 

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http://www.unece.org/fileadmin/DAM/trade/agr/AboutUs/GenevaUnderstanding_E.pdf 

Terms  of  Reference  of  the  UNECE  Working  Party  on  Agricultural  Quality  Standards  of 
http://www.unece.org/fileadmin/DAM/trade/agr/AboutUs/ToR_eng.doc 

Working Procedures of the UNECE Working Party on Agricultural Quality Standards, adoped by the 
Working 
2012, 
2010 
http://www.unece.org/fileadmin/DAM/trade/agr/AboutUs/WorkingProcedures_2012_e.doc 

amended 

Party 

and 

in 

in 

Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 
establishing  a  common  organisation  of  the  markets  in  agricultural  products  and  repealing  Council 
Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 
347, 20.12.2013, p. 671) 
Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for 
the  application  of  Council  Regulation  (EC)  No  1234/2007  in  respect  of  the  fruit  and  vegetables  and 
processed fruit and vegetables sectors (OJ L 157, 15.6.2011, p. 1) 

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quality agricultural products out of the market and protect consumer interests. As such, they 
contribute to the international harmonisation of the fruit and vegetables standard and they will 
set a framework which will ensure fair competition in the trading of fruit and vegetables.The 
UNECE  standards  are developed to comply  with  the aims of the World Trade Organization 
(WTO) Agreement on Technical Barriers to Trade6.  

Before  their  adoption  by  UNECE  WP.7.,  the  proposals  are  extensively  discussed  between 
scientific and technical experts of the fruit and vegetables sector in the Specialised Sections 
on Standardisation, in which experts from Member States take part.  

Their adoption in UNECE WP.7. should therefore be supported subject to conditions ensuring 
their compliance with Union law and in particular with Regulation (EU) No 1308/2013 and 
their  alignment  with  Union  interests  and  objectives  in  the  area  of  agriculture  policy. 
Moreover,  if  the  Commission  has  concerns  which  were  not  discussed  in  the  Specialised 
Sections on Standardisation or if new scientific or technical information becomes available, it 
should be ensured that those concerns are duly discussed before a decision on the proposal is 
taken  in  UNECE  WP.7.  Also,  where  a  sufficient  number  of  Member  States  oppose  the 
proposal,  the Member States participating to the UNECE-WP.7 shall postpone the decision 
and  ensure  that  the  proposal  be  sent  back  for  discussion  in  the  Specialised  Sections  on 
Standardisation or dedicated working groups where such concerns should be resolved first. 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The  UNECE  standards  define  minimum  quality  levels  that  provide  a  common  language  to 
facilitate  fair  trade,  prevent  technical  barriers  to  trade  and  increase  transparency  in  the 
markets.  They  promote  sustainable  marketing  of  quality  agricultural  produce,  keep  low 
quality agricultural products out of the market and protect consumer interests. As such, they 
contribute to the international harmonisation of the fruit and vegetables standard and they will 
set a framework which will ensure fair competition in the trading of fruit and vegetables. The 
UNECE  standards  are developed to comply  with  the aims of the World Trade Organization 
(WTO) Agreement on Technical Barriers to Trade.  

As  explained  above,  UNECE  quality  standards  on  fruit  and  vegetables  affect  Union  law. 
Union position should therefore be established, in line with Article 218(9) of the Treaty on the 
Functioning of the European Union. This proposal aims at establishing such Union position, 
subject to defined conditions and procedures. 

The review and adoption of the UNECE quality standards is an ongoing process that ensures 
that  the  standards  in  place  are  up-to-date  and  in  line  with  current  scientific  and  technical 
information.  It  is  therefore  necessary  to  put  in  place  a  process  through  which  the  Union 
position will be established for this purpose for an indefinite period of time. The coordination 
meetings  should  take  place  annually  before  the  adoption/review  of  the  quality  standards  by 
the UNECE. 

• 

Consistency with existing policy provisions in the policy area 

This proposal is consistent with the Union legal framework on marketing standards for fruit 
and  vegetables  laid  down  in  Articles  75  and  76  of  Regulation  (EU)  No  1308/2013  and  in 
Commission Implementing Regulation (EU) No 543/2011. It ensures that the Union position 

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Agreement on Technical Barriers to Trade, https://www.wto.org/english/docs_e/legal_e/17-tbt_e.htm 

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for the adoption of the UNECE quality standards referred to in the above provisions is duly 
established. 

 • 

Consistency with other Union policies 

Union position is established in the same way for several international organisations that set 
standards  affecting  the  Union  law,  in  particular  as  regards  the  standards  adopted  within  the 
International Organisation of Vine and Wine. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

Articles 43 and 218(9) of the TFEU.  

• 

Subsidiarity (for non-exclusive competence)  

Not applicable.  

• 

Proportionality 

Not applicable.  

• 

Choice of the instrument 

No other instrument is available for this initiative.  

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

Not applicable.  

• 

Stakeholder consultations 

Not applicable 

• 

Collection and use of expertise 

Not applicable. 

• 

Impact assessment 

Not applicable.  

• 

Regulatory fitness and simplification 

Not applicable.  

• 

Fundamental rights 

Fundamental rights are not affected by the proposal.  

4. 

BUDGETARY IMPLICATIONS 

The proposal has no budgetary implications.  

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5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

European Commission will participate in the co-ordination meeting of the competent Council 
Working  Party  which  will  be  held  as  needed,  each  year  ahead  of  the  meeting  of  UNECE-
WP.7.  

• 

Explanatory documents (for directives) 

Not applicable.  

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2017/0191 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted, on behalf of the European Union, with regard to proposals 
of quality standards for fruit and vegetables to be adopted in the United Nations 
Economic Commission for Europe - Working Party on Agricultural Quality Standards 
(UNECE-WP.7) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43 in conjunction with Article 218(9) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

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The  United  Nations  Economic  Commission  for  Europe  -  Working  Party  on 
Agricultural  Quality  Standards  (UNECE-WP.7)  examines  and  adopts  proposals 
establishing  new  UNECE  quality  standards  or  amends  existing  UNECE  quality 
standards for fruit and vegetables. The proposals are prepared by Specialised Sections 
on Standardisation of the UNECE. UNECE-WP.7 adopts the proposals by consensus 
of the participating members. 

The UNECE quality standards for fruit and vegetables contribute to the international 
harmonisation of the fruit and vegetables standards and set a framework which ensures 
fair competition in the trading of fruit and vegetables. 

The  Union  participates  as  observer  in  the  UNECE-WP.7  and  in  the  Specialised 
Section on Standardisation. The Member States are members of the UNECE and are 
participating in the UNECE-WP.7 and in the Specialised Sections on Standardisation. 
The Member States, as participants to the UNECE-WP.7, are entitled to participate in 
the  decision  making  on  the  adoption  of  the  UNECE-WP.7  agriculture  quality 
standards. 

Pursuant  to  Articles  75(1)  and  76(1)  of  Regulation  (EU)  No  1308/2013  of  the 
European  Parliament  and  of  the  Council7  products  of  the  fruit  and  vegetables  sector 
which  are  intended  to  be  sold  fresh  to  the  consumer  may  only  be  marketed  if  they 
conform  with  the  applicable  marketing  standards,  if  they  are  sound,  fair  and  of 
marketable quality and if the country of origin is indicated.  

Pursuant  to  Article  75(2)  of  Regulation  (EU)  No  1308/2013  the  Commission  is 
empowered  to  lay  down  marketing  standards  in  the  fruit  and  vegetables  sector  by  a 
delegated  act.  Specific  marketing  standards  are  laid  down  for  certain  fruit  and 

Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 
establishing  a  common  organisation  of  the  markets  in  agricultural  products  and  repealing  Council 
Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 
347, 20.12.2013, p. 671). 

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(6) 

(7) 

(8) 

vegetable  products  by  Commission  Implementing  Regulation  (EU)  No  543/20118. 
These  specific  marketing  standards  are  based  on  the  UNECE  quality  standards  for 
these products. 

Pursuant  to  Article  3(1)  of  Implementing  Regulation  (EU)  No  543/2011  fruit  and 
vegetables which are not covered by a specific marketing standard shall conform to the 
general  marketing  standard  set  out  in  Part  A  of  Annex  I  to  that  Implementing 
Regulation. Products  in conformity with  any applicable marketing  standards adopted 
by the UNECE are considered as conforming to that general marketing standard. 

Since UNECE agricultural quality standards for fruit and vegetables affect Union law, 
it  is  necessary  to  establish  the  position  to  be  adopted  on  behalf  of  the  Union  in  the 
UNECE-WP.7 as regards these quality standards.  

The  proposals  for  quality  standards  prepared  by  the  Specialised  Section  on 
Standardisation  of  Fresh  Fruit  and  Vegetables  and  by  the  Specialised  Section  on 
Standardisation of Dry and Dried Produce are extensively discussed between scientific 
and  technical  experts  of  the  fruit  and  vegetables  sector.  These  proposals  should 
therefore  be  supported  on  behalf  of  the  Union  by  the  Member  States,  provided  that 
they are in the interest of the Union and do not contravene EU law and in particular 
Regulation  (EU)  No  1308/2013  and  for  as  long  as  a  procedure  established  for  that 
purpose has been followed.    

(9)  Where the Commission has a concern which has not been discussed in the Specialised 
Sections on Standardisation or where new scientific or technical information emerges 
before  or  during  the  UNECE-WP.7  meeting  the  adoption  of  the  proposal  should  be 
postponed and the proposal should be returned for further discussion to the Specialised 
Sections  on  Standardisation,  until  such  concerns  or  new  information  have  been  duly 
discussed. 

(10)  Where  a  number  of  Member  States  sufficient  to  constitute  a  blocking  minority 
pursuant to second paragraph of Article 238(3)(a) of the Treaty opposes the proposal 
the  Member  States  participating  in  the  UNECE-WP.7  meeting  should  postpone  the 
decision and continue discussions in the specialised sessions or working groups.  

(11) 

In order to allow for the necessary flexibility during the discussions ahead and in the 
meeting  of  the  UNECE-WP.7,  Member  States,  having  informed  the  Commission, 
should be authorised to accept changes to the proposals, provided that such changes do 
not alter the substance of the proposals, 

HAS ADOPTED THIS DECISION:  

Article 1 

Where the UNECE-WP.7 is called up to establish new UNECE quality standards for fruit and 
vegetables  or  to  amend  existing  UNECE  quality  standards  for  fruit  and  vegetables,  the 
Member  States  participating  in  the  UNECE-WP.7,  acting  jointly  on  behalf  of  the  European 
Union, shall be empowered to consent to the proposals prepared by the Specialised Section on 
Standardisation  of  Fresh  Fruit  and  Vegetables  and  by  the  Specialised  Section  on 
Standardisation  of  Dry  and  Dried  Produce  for  new  UNECE  quality  standards  for  fruit  and 

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Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for 
the  application  of  Council  Regulation  (EC)  No  1234/2007  in  respect  of  the  fruit  and  vegetables  and 
processed fruit and vegetables sectors (OJ L 157, 15.6.2011, p. 1). 

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vegetables  or    amends  to  the  existing  UNECE  quality  standards  for  fruit  and  vegetables 
subject to the procedure set out in Article 2 and under the following conditions:  

(a) 

(b) 

the new quality standards for fruit and vegetables or the changes to the existing 
quality standards for fruit and vegetables are in the interests of the Union and 
serve  the  objectives  pursued  by  the  Union  within  the  framework  of  its 
agriculture policy; and 

the new quality standards for fruit and vegetables or the changes to the existing 
quality  standards  for  fruit  and  vegetables  are  not  contrary  to  EU  law  and  in 
particular not contrary to Regulation (EU) No 1308/2013, without prejudice to 
the Commission's right to adapt the Union's rules by delegated act, in particular 
as  regards  the  marketing  standards  for  fruit  and  vegetables,  referred  to  in 
Article 75 of that Regulation. 

1.  

2. 

3. 

4.  

Article 2 

In  order  to  define  the  EU  position  and  how  Member  States  shall  implement  it  in 
matters  referred  to  in  Article  1  a  meeting  of  the  competent  Council  Working  Party 
shall be convened sufficiently ahead of the UNECE-WP.7 meeting.   

By  derogation  from  Article  1,  where  the  Commission  communicates  a  particular 
concern  related  to  a  proposal  of  the  Specialised  Section  on  Standardisation  of  Fresh 
Fruit  and  Vegetables  or  of  the  Specialised  Section  on  Standardisation  of  Dry  and 
Dried Produce in the meeting of the competent Council Working Party referred to in 
paragraph 1 and where that concern has not been discussed in one of the Specialised 
Sections  on  Standardisation,  the  participating  Member  States  shall  request  that  the 
decision over that proposal in the UNECE-WP.7 be postponed until that concern has 
been duly discussed in the Specialised Section on Standardisation. 

By  derogation  from  Article  1,  where  a  proposal  by  the  Specialised  Section  on 
Standardisation  of  Fresh  Fruit  and  Vegetables  or  by  the  Specialised  Section  on 
Standardisation of Dry and Dried Produce is likely to be affected by new scientific or 
technical information that emerged after the meeting referred to in paragraph 1 but still 
before or during the meeting of UNECE-WP.7, the Member States participating to the 
UNECE-WP.7 shall request that the decision over that proposal in the UNECE-WP.7 
be  postponed  until  that  proposal  has  been  discussed  in  the  Specialised  Sections  on 
Standardisation on the basis of that new scientific or technical information.  

By derogation from Article 1, if a number of Member States equivalent to a blocking 
minority established by the second paragraph of Article 238(3)(a) of the Treaty oppose 
in  the meeting of the competent Council Working Party referred to in paragraph 1 a 
proposal for new UNECE quality standards for fruit and vegetables or an amendment 
to  existing  UNECE  quality  standards  for  fruit  and  vegetables,  the  Member  States 
participating  to  the  UNECE-WP.7  shall  postpone  the  decision  and  continue 
discussions  in  the  Specialised  Section  on  Standardisation  of  Fresh  Fruit  and 
Vegetables or in the Specialised Section on Standardisation of Dry and Dried Produce 
or in a working group established for that purpose. 

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Article 3 

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The  Member  States  participating  in  the  UNECE-WP.7,  acting  jointly  on  behalf  of  the 
European  Union,  and  having  informed  the  Commission,  may  agree  to  minor  changes  to  the 
proposals of quality standards for fruit and vegetables in the UNECE-WP.7 that do not alter 
the substance of these proposals. 

This Decision is addressed to the Member States. 

Article 4 

Done at Brussels, 

For the Council 
The President 

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