Commission Regulation (EC) No 1757/2003
of 3 October 2003
laying down the marketing standard for courgettes and amending Regulation (EEC) No 1292/81
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 47/2003(2), and in particular Article 2(2),
Whereas:
(1) Courgettes are among the products listed in Annex I to Regulation (EC) No 2200/96 for which standards must be adopted. Commission Regulation (EEC) No 1292/81 laying down quality standards for leeks, aubergines and courgettes(3), as last amended by Regulation (EC) No 46/2003(4), has been amended and can no longer ensure legal clarity.
(2) In the interest of clarity, the rules on courgettes should be separated from those on other products under Regulation (EC) No 1292/81 and this Regulation should be amended accordingly. To that end, and in the interest of preserving transparency on the world market, account should be taken of the UN/ECE standard FFV-41 concerning marketing and quality control of courgettes recommended by the Working Party on Standardisation of Perishable Produce and Quality Development of the United Nations Economic Commission for Europe (UN/ECE).
(3) Application of these new 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) 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.
(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 courgettes falling within CN code 0709 90 70 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; 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 (EC) No 1292/81 is amended as follows:
1. The title is replaced by: "Commission Regulation (EEC) No 1292/81 of 12 May 1981 laying down the marketing standard for aubergines".
2. In Article 1, the first subparagraph is replaced by:
"The marketing standard for aubergines, falling within CN code 0709 30 00, shall be as set out in the Annex."
3. In Annex II, the title is replaced by:
"ANNEX
STANDARD FOR AUBERGINES".
4. Annex III is deleted.
This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 December 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.