Commission Regulation (EC) No 1615/2001
of 7 August 2001
laying down the marketing standard for melons and amending Regulation (EC) No 1093/97
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), as last amended by Commission Regulation (EC) No 911/2001(2), and in particular Article 2(2) and Article 3(3) thereof,
Whereas:
(1) Melons are among the products listed in Annex I to Regulation (EC) No 2200/96 for which standards must be adopted. Commission Regulation (EC) No 1093/97 of 16 June 1997 laying down marketing standards applicable to melons and watermelons(3), as amended by Regulation (EC) No 850/2000(4), has been amended and can no longer ensure legal clarity.
(2) In the interest of clarity, the rules on melons should be separated from those on other products under Regulation (EC) No 1093/97. The rules in question should therefore be recast and Annex I to Regulation (EC) No 1093/97 should be deleted. To that end, and in the interest of preserving transparency on the world market, account should be taken of the standard for melons recommended by the Working Party on Standardisation of Perishable Produce and Quality Development of the United Nations Economic Commission for Europe (UN/ECE). This standard has recently been amended to differentiate between the minimum maturity criteria for Charentais melons and those for other types of melon.
(3) Application of these standards should remove products of unsatisfactory quality from the market, bring production into line with consumer requirements and facilitate trade based on fair competition, thereby helping to improve profitability.
(4) 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 biological 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.
(5) Article 3(3)(c) of Regulation (EC) No 2200/96 provides for the possibility of derogation from the standards in force for fruit and vegetables produced in a given region which are sold by the retail trade of the region for well-established traditional local consumption. Certain varieties of melon produced in Spain and Portugal are traditionally sold in the region of production loose, i.e. after being loaded directly into the means of transport or a compartment of the means of transport. This marketing practice was the subject of Commission Regulations (EC) No 1332/97(5) and (EC) No 1438/97(6) derogating, for Portugal and Spain respectively, from the marketing standards applicable to melons. For clarification and simplification, these derogations should be integrated into this Regulation and Regulations (EC) No 1332/97 and (EC) No 1438/97 should be repealed.
(6) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fresh Fruit and Vegetables,
The marketing standard for melons, falling within CN code 0807 19 00, shall be as set out in the Annex.
The standard 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, as well as slight deterioration due to their development and their perishable nature.
Notwithstanding the provisions of this Regulation, the following melons may be sold loose in the region of production in that Member State by the retail trade:
(a) melons produced in Portugal other than the Charentais, Ogen and Galia types,
(b) melons with an elongated shape produced in Spain.
The document or, where appropriate, the notice referred to in Article 5(2) of Regulation (EC) No 2200/96 accompanying each consignment must bear, in addition to the other information required, the following indication: "For sale by the retail trade in ... (region of production) only".
Regulation (EC) No 1093/97 is amended as follows:
1. In the title, the words "melons and" are deleted.
2. Article 1(1) is replaced by the following: "1. The marketing standard for watermelons, falling within CN code 0807 11 00, shall be as set out in the Annex."
3. Annex I is deleted.
4. In Annex II, the title is replaced by the following title: "Annex".
Regulations (EC) No 1332/97 and (EC) No 1438/97 are repealed.
References to the repealed regulations shall be understood as references to this Regulation.
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.
It shall apply from 1 January 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.