2023/2429

3.11.2023

COMMISSION DELEGATED REGULATION (EU) 2023/2429

of 17 August 2023

supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards marketing standards for the fruit and vegetables sector, certain processed fruit and vegetable products and the bananas sector, and repealing Commission Regulation (EC) No 1666/1999 and Commission Implementing Regulations (EU) No 543/2011 and (EU) No 1333/2011

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to 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 (1), and in particular Article 75(2), Article 76(4) and Article 89 thereof,

Whereas:

(1) Regulation (EU) No 1308/2013 establishes a common organisation of agricultural markets, which includes, among others, the fruit and vegetables sector, the processed fruit and vegetable products sector and the bananas sector. It also empowers the Commission to adopt delegated and implementing acts on marketing standards for these sectors or products therein.

(2) Commission Implementing Regulation (EU) No 543/2011 (2) lays down detailed rules in respect of the fruit and vegetables and processed fruit and vegetables sectors, providing for marketing standards for all fresh fruit and vegetables and detailed provisions concerning checks on conformity to marketing standards. Commission Implementing Regulation (EU) No 1333/2011 (3) lays down the marketing standards for bananas, rules on the verification of compliance with those marketing standards and requirements for notifications in the bananas sector. Commission Regulation (EC) No 1666/1999 (4) lays down detailed rules as regards the minimum marketing characteristics for certain varieties of dried grapes. Those Regulations were adopted on the basis of Regulation (EC) No 1234/2007 of the European Parliament and of the Council (5). Regulation (EC) No 1234/2007 has since been replaced by Regulation (EU) No 1308/2013, which contains empowerments based on the legal framework for empowerments introduced by the Lisbon Treaty.

(3) In order to harmonise and simplify the rules on marketing standards, on checks on conformity and on notifications for the above referred sectors, to incorporate the amendments necessary in the light of experience and to align the rules to the empowerments of Regulation (EU) No 1308/2013, it is appropriate to merge them in a single set of rules contained in a Delegated Regulation and an Implementing Regulation and to repeal Regulation (EC) No 1666/1999 and Implementing Regulations (EU) No 543/2011 and (EU) No 1333/2011.

(4) Article 75(1), points (b), (c) and (d) of Regulation (EU) No 1308/2013 authorises the Commission to provide for marketing standards for fruit and vegetables, processed fruit and vegetables and bananas, respectively. Pursuant to Article 76(1) of Regulation (EU) No 1308/2013, fruit and vegetables, which are intended to be sold fresh to the consumer, may only be marketed if they are of sound, fair and of marketable quality and if the country of origin is indicated. To provide for a uniform implementation of that provision, it is appropriate to set out details of and provide for a general marketing standard for all fresh fruit and vegetables.

(5) Specific marketing standards should be maintained for the fruit and vegetables subject to the application of Article 76(1) of Regulation (EU) No 1308/2013, based on an assessment of their relevance, taking into account, in particular, products which continue to be most traded in value terms on the basis of the figures held in the Eurostat’s reference database for detailed statistics on international trade in goods, Comext.

(6) Processed fruit and vegetable products and ripened bananas are not covered by Article 76(1) of Regulation (EU) No 1308/2013 nor by a specific marketing standard. Nonetheless, the labelling of the origin is relevant for consumers and necessary for consumers in the context of the Commission communication of 20 May 2020 entitled ‘A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system’ (6) (‘Farm to Fork Strategy’), that also aims at empowering consumers to make informed and sustainable food choices and should therefore be mandatory also for such products intended for direct consumption after simple operations like drying or ripening.

(7) Given the wide range of varieties of bananas marketed in the Union and of marketing practices, minimum standards should be maintained for unripened green bananas. However, it is appropriate to align the marketing standard for bananas to the Codex Alimentarius and extend to more varieties to avoid unnecessary barriers to trade. In view of reducing food waste and food loss in the context of the Farm to Fork Strategy, notably by improving the flexibility for the portioning, it is appropriate to leave out the minimum of four fingers by hand or cluster set out in the Codex Alimentarius. It is appropriate, in view of the objectives pursued, to allow banana-producing Member States to apply national standards within their territory to their own production provided those rules are not in conflict with Union standards and do not impede the free circulation of bananas in the Union.

(8) Account should be taken of the fact that, climatic factors make production conditions difficult in Madeira, the Azores, the Algarve, Canary Islands, Crete, Lakonia and Cyprus. As a result, certain bananas do not develop to the minimum length laid down in the international standard when produced in those geographical areas. In those cases, such bananas should be allowed to be marketed.

(9) In order to avoid unnecessary barriers to trade, where specific marketing standards are to be laid down for individual products, those standards should be those set out in the standards adopted by the United Nations Economic Commission for Europe (UNECE). Where no specific marketing standard has been adopted at Union level, products should be considered as conforming to the general marketing standard where the holder is able to show that the products are in conformity with any applicable UNECE standard.

(10) In order to take into account the Farm to Fork Strategy and consumers’ interests, the marketing standards for all the sectors covered by this Regulation should maintain the high-quality requirements that make international consensus while encouraging alternative uses in order to avoid food loss and food waste when the standard is not complied with. This should be the case for all products that do not comply with the requirements of Class II of the UNECE marketing standards but are still edible. Therefore, exemptions from the application of marketing standards should be provided for in the case of certain products that are intended for processing, or that are sold by the producer directly to consumers.

(11) Certain fruit and vegetable products may have characteristics that do not conform to the applicable marketing standards. A traditional cultivation and local consumption may nonetheless be well-established in respect of those products. To ensure that products which are deemed to be fit for consumption by local communities but which do not conform to the Union marketing standards are not prevented from being marketed locally, those products should be exempted from the Union marketing standards unless this exemption is likely to prevent or distort competition in a substantial part of the internal market, or to jeopardise free trade or the attainment of any of the objectives of Article 39 of the Treaty.

(12) Several fruit and vegetables products may derogate from the marketing standards in view of reducing the administrative burden both for the traders and for the authorities carrying out the controls in accordance with Article 76(4) of Regulation (EU) No 1308/2013. Nonetheless, the labelling of origin is necessary for the consumers and in line with the policy orientation of the Farm to Fork strategy to provide more information to allow consumers to make a better informed choice, the indication of the country of origin should be mandatory for such products.

(13) Marketing standards relative to products for donations should be simplified in order to reduce the administrative burden for the traders without affecting the quality. Provided the product is clearly labelled to inform that it is for donation, other marking particulars should be optional. It should nonetheless conform to the general marketing standard regarding the quality in order to protect the beneficiary of the donation.

(14) In order to ensure that checks may be properly and effectively carried out, invoices and accompanying documents, other than those for consumers, should contain certain basic information included in the marketing standards.

(15) The information particulars required by marketing standards should be clearly displayed on the packaging and/or on the label. To avoid fraud and cases of misleading consumers, the information particulars required by the marketing standards should be available to consumers before purchase, including in case of distance selling, where experience has shown the risks of fraud and avoidance of the consumer protection offered by the standards.

(16) In order to avoid misleading the consumers regarding the class, the information particulars required at retail stage should not include terms such as ‘supreme’, ‘premium’ or similar wording which are not regulated for defining an actual quality of the product, notwithstanding the possibility to display any other information such as ‘transport by air’ or similar factual information which does not mislead the consumer.

(17) In order to avoid misleading consumers regarding the origin of the products, the indication of the country of origin should be better visible than the indication of the country of the packer.

(18) Packages containing mixes of different products or species of products covered by this Regulation are becoming more common on the market in response to certain consumers demand. Fair trading requires that products or species of products sold in the same package are of uniform quality. For products for which Union standards have not been adopted this can be ensured by recourse to general provisions. Labelling requirements should therefore be laid down for mixes of different products or species of products in the same package. They should be less strict than those laid down by the marketing standards as labelling of mixes is more burdensome and their application risks to obstacle the marketing of those products.

(19) Imports of fruit and vegetables from third countries are to conform to the marketing standards or to standards equivalent to them. Therefore, conditions under which imported products are considered to have an equivalent level of conformity to the Union marketing standards should be laid down.

(20) In order to give operators and the national administrations sufficient time to adapt to the changes introduced by this Regulation, this Regulation should apply as from 1 January 2025.

(21) Given the substantive link between the empowerments in Regulation (EU) No 1308/2013 regarding the rules on marketing standards, on the minimum quality requirements for products of the fruit and vegetables sector and on the conformity of imported products to Union marketing standards, it is appropriate to lay down those rules in the same delegated act,

HAS ADOPTED THIS REGULATION:

CHAPTER I

INTRODUCTORY PROVISIONS

Article 1

Subject matter and scope

1.   This Regulation lays down rules supplementing Regulation (EU) No 1308/2013 as regards the marketing standards referred to in Article 75(1) of that Regulation, the minimum marketing requirements for products of the fruit and vegetables sector intended to be sold fresh as referred to in Article 76 of that Regulation, the conformity of imported products to Union marketing standards as referred to in Article 89 of that Regulation.

2.   This Regulation applies to the following sectors and products:

(a) the fruit and vegetables sector referred to in Article 1(2), point (i), of Regulation (EU) No 1308/2013;

(b) dried fruits of CN codes 0804 20 90, 0806 20 and ex 0813 listed in Part X of Annex I to that Regulation;

(c) the bananas of CN code 0803 90 10 listed in Part XI of Annex I to that Regulation.

3.   For the purpose of this regulation, the country of origin of a product shall be determined in accordance with Article 60 of Regulation (EU) No 952/2013 of the European Parliament and of the Council (7).

CHAPTER II

MARKETING STANDARDS

Article 2

General marketing standard for fruits and vegetables referred to in Article 1(2), point (a)

1.   The requirements of Article 76(1) of Regulation (EU) No 1308/2013 shall constitute the general marketing standard for the fruits and vegetables referred to in Article 1(2), point (a).

Fruit and vegetables referred to in Article 1(2), point (a) shall conform to that general marketing standard unless they are subject to a specific marketing standard.

The details of the general marketing standard are set out in Part A of Annex I to this Regulation.

2.   Where the holder of fruit and vegetables referred to in paragraph 1 is able to show that the products are in conformity with any applicable standard adopted by the United Nations Economic Commission for Europe (UNECE), they shall be considered as conforming to the general marketing standard referred to in paragraph 1.

3.   For the purposes of this Article, ‘holder’ means any natural or legal person who is in physical possession of the products concerned or offers them for sale at distance or by any digital means.

Article 3

Indication of the origin for certain processed fruit and vegetable products and ripened bananas

The following products shall carry an indication of the country of origin:

(a) dried fruits of CN code ex 0813, as defined in Part X of Annex I to Regulation (EU) No 1308/2013;

(b) dried figs of CN code 0804 20 90;

(c) dried grapes of CN code 0806 20;

(d) ripened bananas of CN code 0803 90 10 and resulting of the ripening on the Union territory.

Article 4

Specific marketing standards for fruits and vegetables and for bananas

1.   The following products or sector shall conform to the specific marketing standards set out in Part B of Annex I:

(a) apples;

(b) citrus fruit;

(c) kiwifruit;

(d) lettuces, curled leaved and broad-leaved endives;

(e) peaches and nectarines;

(f) pears;

(g) strawberries;

(h) sweet peppers;

(i) table grapes;

(j) tomatoes;

(k) bananas.

2.   For the purposes of paragraph 1, point (k), the following shall apply:

(a) the specific marketing standard of the bananas sector is set out in Part B, Part 11 of Annex I for bananas of the varieties listed in the Appendix to that Annex, excluding bananas intended for processing. This marketing standard shall apply to bananas originating in third countries at the stage of release for free circulation, to bananas originating in the Union at the stage of first unloading in the Union, and to bananas delivered fresh to the consumer in the producing region at the stage of leaving the packing shed;

(b) the specific marketing standard referred to in point (a) shall not affect the application, at later stages of marketing, of national rules which:

(i) do not impede the free circulation of bananas originating in third countries or other regions of the Union and complying with the marketing standard referred to in the first subparagraph; and

(ii) are not incompatible with the marketing standard referred to in the first subparagraph.

Article 5

Exceptions and exemptions from the application of marketing standards

1.   By way of derogation from Article 76(2) and (3) of Regulation (EU) No 1308/2013:

(a) the following products shall not be required to conform to the marketing standards:

(i) products that are clearly marked with the words ‘intended for processing’ or ‘for animal feed’ or any other equivalent wording and are:

— intended for industrial processing, or

— presented for retail sale to consumers for their personal use and intended for processing by them, or

— intended for the preparation of the products referred to in subparagraph (b)(xvii) of this paragraph, or

— intended for animal feed or other non-food use;

(ii) products sold by the producer directly to consumers for their personal use on their holding or, within a given production area as defined by the competent authority:

— on a local market in a place reserved only to producers, or

— by direct delivery;

(iii) products marketed as edible sprouts, following germination of seeds of plants classified as fruit and vegetables listed in Part IX of Annex I to Regulation (EU) No 1308/2013;

(iv) products of a given region which are sold by the retail trade of that region in case of well-established traditional local consumption or in exceptional and duly justified cases, subject to the conditions laid down in paragraph 4 of this Article;

(b) the following products shall not be required to conform to the marketing standard except regarding the indication of the country of origin as referred to in Article 76(1) of Regulation (EU) No 1308/2013:

(i) non-cultivated mushrooms of CN code ex 0709 51 to ex 0709 56 and 0709 59;

(ii) capers of CN code 0709 99 40;

(iii) bitter almonds of CN code 0802 11 10;

(iv) shelled almonds of CN code 0802 12;

(v) shelled hazelnuts of CN code 0802 22;

(vi) shelled walnuts of CN code 0802 32;

(vii) shelled pistachios of CN code 0802 52;

(viii)

shelled macadamia of CN code 0802 62;

(ix) shelled pine nuts of CN code 0802 92;

(x) pecans of CN code 0802 99 10;

(xi) other nuts of CN code 0802 99 90;

(xii) dried plantains of CN code 0803 10 90;

(xiii)

dried citrus of CN code ex 0805;

(xiv) mixtures of tropical nuts of CN code 0813 50 31;

(xv) mixtures of other nuts of CN code 0813 50 39;

(xvi) saffron of CN code 0910 20;

(xvii)

products classified as fruit and vegetables and listed in Part IX of Annex I to Regulation (EU) No 1308/2013, having undergone any preparation beyond the extent of trimming as indicated in the applicable UNECE specific standard, or not intact within the meaning of the general marketing standard and making them ready to be directly consumed fresh or cooked;

(c) in case of donation, other than the free distribution covered by agreements and decisions referred to in Article 222 of Regulation (EU) No 1308/2013 or supported within operational programs under Article 52 of Regulation (EU) 2021/2115 of the European Parliament and of the Council (8), the products covered by this Regulation shall be required to conform to the general marketing standard except regarding marking provisions, provided they are clearly marked with the words ‘intended for donation’ or equivalent marking.

2.   By way of derogation from Article 76(2) and (3) of Regulation (EU) No 1308/2013, the following products shall not be required to conform to the marketing standards within a given production area defined by the Member State concerned, including where that production area is a transnational area as defined by the Member States concerned:

(a) products sold or delivered by the grower to preparation and packaging stations or storage facilities, or shipped from his holding to such stations;

(b) products shipped from storage facilities to preparation and packaging stations;

(c) products of EU origin that do not conform to the marketing standards set in this Regulation due to a situation of ‘force majeure’ (9) which allows Member States to decide that the products may be marketed within their territory under the conditions they specify.

3.   In order to apply the derogations provided for in paragraph 1, point (a), (i) and (ii), and point (c), and paragraph 2, traders shall provide evidence to the competent authority of the Member State that the products covered fulfil the conditions laid down in those paragraphs, in particular with regard to their intended use.

4.   Traders may only apply the derogation provided for in paragraph 1, point (a)(iv), if Member States have previously adopted rules to exempt such products. Such rules shall not be likely to prevent or to distort competition in a substantial part of the internal market, jeopardise free trade or the attainment of any of the objectives of Article 39 of the Treaty. Member States shall notify the Commission forthwith of the rules which they have adopted in this respect. The Commission shall inform other Member States of any notification of such rules.

5.   The notifications referred to in paragraph 2, point (c), and in paragraph 4 shall be made in accordance with Commission Delegated Regulation (EU) 2017/1183 (10).

Article 6

Information particulars along the supply chain

1.   The information particulars required by the marking provisions laid down in Annex I shall be shown legibly and obviously on one side of the packaging, either indelibly printed directly onto the package or on a label which is an integral part of the package or affixed to it and shall not be misleading.

2.   For goods shipped in bulk and loaded directly onto a means of transport, the information particulars referred to in paragraph 1 shall be given in a document accompanying the goods or shown on a notice placed in an obvious position inside the means of transport.

3.   In the case of distance contracts within the meaning of Article 2(7) of Directive 2011/83/EU of the European Parliament and of the Council (11), the information particulars shall be available before the purchase is concluded, including the single country of origin of the product actually offered for sale.

4.   Invoices and accompanying documents, excluding receipts for the consumer, shall indicate the name and the country of origin of the products and, where appropriate, the class, the variety or commercial type if required in a specific marketing standard, or the fact that it is intended for processing.

5.   The possibility of labelling the regional or the local origin as referred to in Part B of Annex I is without prejudice to the protection granted to certain geographical indications pursuant to Regulation (EU) No 1151/2012 of the European Parliament and of the Council (12).

Article 7

Information particulars at the retail stage

1.   At retail stage, the information particulars required by this Regulation shall be legible and conspicuous. Products may be presented for sale provided the retailer displays prominently, adjacent to and legibly, the information particulars relating to country of origin and, where appropriate, class, size and variety or commercial type in such a way as not to mislead the consumer.

Additional terms which suggest better/superior quality may not be included. In particular, the label may not include any descriptor of quality except the information specified in the marking requirement as set out in Annex I.

When the country of the packer and/or the dispatcher is indicated or when the variety indicated evokes a location, the characters to indicate the country of origin shall be larger and more visible than those used for the country of the packer and/or the dispatcher and the variety if different.

2.   For products which are prepacked within the meaning of Regulation (EU) No 1169/2011 of the European Parliament and of the Council (13), in addition to all the information required by the marketing standards, the net weight shall be indicated in accordance with the rules set out in that Regulation.

Article 8

Mixes

1.   The marketing of packages of a net weight of 10 kg or less containing mixes of different products or species of products covered by this Regulation shall be allowed, provided that:

(a) the products and species of products are of uniform quality and each one complies with the relevant specific marketing standard as applicable or, where no specific marketing standard exists for a particular product, the general marketing standard as applicable;

(b) the package is labelled in accordance with this Regulation and the applicable provisions of Regulation (EU) No 1169/2011; and

(c) the mix of different products is not such as to mislead the consumer.

2.   The requirements of paragraph 1, point (a), shall not apply to products included in a mix which are not products of the fruit and vegetables, dried fruits or bananas sectors referred to in Article 1.

3.   If the products in a mix of different products or species of products covered by this Regulation originate in more than one Member State or third country, the names of the countries of origin may be replaced with one of the following indications, as appropriate:

(a) ‘EU’;

(b) ‘non-EU’;

(c) ‘EU and non-EU’.

CHAPTER III

MARKETING STANDARDS RELATED TO IMPORTED PRODUCTS

Article 9

Conditions to consider imported products to have equivalent level of conformity

1.   For the sector referred to in Article 1(2), point (a), at the request of a third country, the Commission may approve checks on conformity to marketing standards carried out by that third country prior to import into the Union.

2.   The approval referred to in paragraph 1 may be granted to third countries where the Union marketing standards, or at least equivalent standards, are met for products exported to the Union in accordance with Article 8(2) of Commission Implementing Regulation (EU) 2023/2430 (14).

3.   The approval shall only apply to products originating in the third country concerned and may be limited to certain products.

4.   In order to obtain the approval referred to in paragraph 1, the third country inspection bodies that will be in charge of checks on conformity to marketing standards, must:

(a) be official bodies or bodies officially recognised by a third country’s competent authority;

(b) provide satisfactory guarantees and dispose of the necessary personnel, equipment and facilities to carry out checks in accordance with the methods referred to in Article 10(1) of Implementing Regulation (EU) 2023/2430 or equivalent methods.

CHAPTER IV

FINAL PROVISIONS

Article 10

Repeals

Implementing Regulations (EU) No 543/2011 and (EU) No 1333/2011 and Regulation (EC) No 1666/1999 are repealed.

References to the repealed Regulations shall be construed as references to this Regulation and to Implementing Regulation (EU) 2023/2430, as appropriate, and be read in accordance with the correlation table set out in Annex II to this Regulation.

Article 11

Entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the

Official Journal of the European Union

.

It shall apply from 1 January 2025, with the exception of Article 5(1), point (c), which shall apply the same day of entering into force of this Regulation.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 17 August 2023.

For the Commission

The President

Ursula VON DER LEYEN

(1)  

OJ L 347, 20.12.2013, p. 671

.

(2)  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

).

(3)  Commission Implementing Regulation (EU) No 1333/2011 of 19 December 2011 laying down marketing standards for bananas, rules on the verification of compliance with those marketing standards and requirements for notifications in the banana sector (

OJ L 336, 20.12.2011, p. 23

).

(4)  Commission Regulation (EC) No 1666/1999 of 28 July 1999 laying down detailed rules for the application of Council Regulation (EC) No 2201/96 as regards the minimum marketing characteristics for certain varieties of dried grapes (

OJ L 197, 29.7.1999, p. 32

).

(5)  Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (

OJ L 299, 16.11.2007, p. 1

).

(6)  COM(2020) 381 final.

(7)  Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (

OJ L 269, 10.10.2013, p. 1

).

(8)  Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013 (

OJ L 435, 6.12.2021, p. 1

).

(9)  Commission notice C(88) 1696 concerning ‘force majeure in European agricultural law’ (

OJ C 259, 6.10.1988, p. 10

).

(10)  Commission Delegated Regulation (EU) 2017/1183 of 20 April 2017 on supplementing Regulations (EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and of the Council with regard to the notifications to the Commission of information and documents (

OJ L 171, 4.7.2017, p. 100

).

(11)  Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (

OJ L 304, 22.11.2011, p. 64

).

(12)  Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (

OJ L 343, 14.12.2012, p. 1

).

(13)  Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (

OJ L 304, 22.11.2011, p. 18

).

(14)  Commission Implementing Regulation (EU) 2023/2430 of 17 August 2023 laying down rules concerning checks on conformity to marketing standards for the fruit and vegetables sector, certain processed fruit and vegetable products and the bananas sector (

OJ L, 2023/2430, 3.11.2023, ELI link: http://data.europa.eu/eli/reg_impl/2023/2430/oj

).

ANNEX I

MARKETING STANDARDS REFERRED TO IN ARTICLES 2, 4 AND 6

PART A

GENERAL MARKETING STANDARD

This general marketing standard defines the quality requirements for fruit and vegetables, after preparation and packaging.

However, at stages following dispatch products may show in relation to the requirements of the standard:

— a slight lack of freshness and turgidity,

— a slight deterioration due to their development and their tendency to perish.

1.   MINIMUM REQUIREMENTS

Subject to the tolerances allowed, the products must be:

— intact,

— sound; products affected by rotting or deterioration such as to make them unfit for consumption are excluded,

— clean, practically free of any visible foreign matter,

— practically free from pests,

— free from damage caused by pests affecting the flesh,

— free of abnormal external moisture,

— free of any foreign smell and/or taste.

— The condition of the products must be such as to enable them:

— to withstand transportation and handling,

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

2.   MINIMUM MATURITY REQUIREMENTS

The products must be sufficiently developed, but not over-developed, and fruit must display satisfactory ripeness and must not be overripe.

The development and state of maturity of the products must be such as to enable them to continue their ripening process and to reach a satisfactory degree of ripeness.

3.   TOLERANCE

A tolerance of 10 % by number or weight of product not satisfying the minimum quality requirements shall be permitted in each lot. Within this tolerance not more than 2 % in total may consist of produce affected by decay.

4.   MARKING

Each package (1) must bear the following particulars, in letters grouped on the same side, legibly and indelibly marked, and visible from the outside.

A.   

Identification

Name and physical address of the packer and/or the dispatcher (for example: street/city/region/postal code and, if different from the country of origin, the country).

This mention may be replaced:

— for all packages with the exception of pre-packages, by the officially issued or accepted code mark representing the packer and/or the dispatcher, indicated in close connection with the reference ‘Packer and/or Dispatcher’ (or equivalent abbreviations). The code mark shall be preceded by the ISO 3166 (alpha) country/area code of the recognising country, if not the country of origin;

— for pre-packages only, by the name and the address of a seller established within the Union indicated in close connection with the mention ‘Packed for:’ or an equivalent mention. In this case, the labelling shall also include a code representing the packer and/or the dispatcher. The seller shall give all information deemed necessary by the inspection body as to the meaning of this code.

B.   

Origin

Full name of the country of origin (2). For products originating in a Member State this shall be in the language of the country of origin or any other language understandable by the consumers of the country of destination. For other products, this shall be in any language understandable by the consumers of the country of destination.

Packages need not to bear the particulars mentioned in the first subparagraph, when they contain sales packages, clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indications such as could mislead the consumer. When these packages are palletised, the particulars shall be given on a notice placed in an obvious position on at least two sides of the pallet.

PART B

SPECIFIC MARKETING STANDARDS

PART 1

Marketing standard for apples

I.   DEFINITION OF PRODUCE

This standard applies to apples of varieties (cultivars) grown from

Malus domestica

Borkh., to be supplied fresh to the consumer, apples for industrial processing being excluded.

II.   PROVISIONS CONCERNING QUALITY

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

However, at stages following dispatch products may show in relation to the requirements of the standard:

— a slight lack of freshness and turgidity,

— for products graded in classes other than the ‘Extra’ Class, a slight deterioration due to their development and their tendency to perish.

A.   

Minimum requirements

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

— intact,

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

— clean, practically free of any visible foreign matter,

— practically free from pests,

— free from damage caused by pests affecting the flesh,

— free from serious watercore, except for varieties marked with ‘V’ listed in the appendix to this standard,

— free of abnormal external moisture,

— free of any foreign smell and/or taste.

The development and condition of the apples must be such as to enable them:

— to withstand transportation and handling, and

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

B.   

Maturity requirements

The apples must be sufficiently developed, and display satisfactory ripeness.

The development and state of maturity of the apples must be such as to enable them to continue their ripening process and to reach the degree of ripeness required in relation to the varietal characteristics.

In order to verify the minimum maturity requirements, several parameters may be considered (for example morphological aspect, taste, firmness and refractometric index).

C.   

Classification

Apples are classified in three classes defined as follows:

(i)   

‘Extra’ Class

Apples in this class must be of superior quality. They must be characteristic of the variety (3) and with the stalk which must be intact.

Apples must express the following minimum surface colour characteristic of the variety:

— 3/4 of total surface red coloured in case of colour group A,

— 1/2 of total surface mixed red coloured in case of colour group B,

— 1/3 of total surface slightly red coloured, blushed or striped in case of colour group C,

— no minimum colour requirement in case of colour group D.

The flesh must be perfectly sound.

They must be free from defects with the exception of very slight superficial defects provided these do not affect the general appearance of the produce, the quality, the keeping quality and presentation in the package:

— very slight skin defects,

— very slight russeting (4) such as:

— brown patches that may not go outside the stem cavity and may not be rough, and/or

— slight isolated traces of russeting.

(ii)   

Class I

Apples in this class must be of good quality. They must be characteristic of the variety (5).

Apples must express the following minimum surface colour characteristic of the variety:

— 1/2 of total surface red coloured in case of colour group A,

— 1/3 of total surface mixed red coloured in case of colour group B,

— 1/10 of total surface slightly red coloured, blushed or striped in case of colour group C,

— no minimum colour requirement in case of colour group D.

The flesh must be perfectly sound.

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 development,

— a slight defect in colouring,

— slight bruising not exceeding 1 cm

2

of total surface area and not discoloured,

— slight skin defects which must not extend over more than:

— 2 cm in length for defects of elongated shape,

— 1 cm

2

of total surface area for other defects, with the exception of scab (

Venturia inaequalis

), which must not extend over more than 0,25 cm

2

, cumulative, in area,

— slight russeting (6) such as:

— brown patches that may go slightly beyond the stem or pistil cavities but may not be rough, and/or

— thin net-like russeting not exceeding 1/5 of the total fruit surface and not contrasting strongly with the general colouring of the fruit, and/or

— dense russeting not exceeding 1/20 of the total fruit surface, while

— thin net-like russeting and dense russeting taken together may not exceed a maximum of 1/5 of the total surface of the fruit.

The stalk may be missing, provided the break is clean and the adjacent skin is not damaged.

(iii)   

Class II

This class includes apples which do not qualify for inclusion in the higher classes but satisfy the minimum requirements specified in point A.

The flesh must be free from major defects.

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

— defects in shape,

— defects in development,

— defects in colouring,

— slight bruising not exceeding 1,5 cm

2

in area which may be slightly discoloured,

— skin defects which must not extend over more than:

— 4 cm in length for defects of elongated shape,

— 2,5 cm

2

of total surface area for other defects, with the exception of scab (

Venturia inaequalis

), which must not extend over more than 1 cm

2

, cumulative, in area;

— slight russeting (7) such as:

— brown patches that may go beyond the stem or pistil cavities and may be slightly rough, and/or

— thin net-like russeting not exceeding 1/2 of the total fruit surface and not contrasting strongly with the general colouring of the fruit, and/or

— dense russeting not exceeding 1/3 of the total fruit surface, while

— thin net-like russeting and dense russeting taken together may not exceed a maximum of 1/2 of the total surface of the fruit.

III.   PROVISIONS CONCERNING SIZING

Size is determined either by the maximum diameter of the equatorial section or by weight.

The minimum size shall be 60 mm, if measured by diameter or 90 g, if measured by weight. Fruit of smaller sizes may be accepted, if the Brix level (8) of the produce is equal to or greater than to 10,5° Brix and the size is not smaller than 50 mm or 70 g.

To ensure the uniformity in size, the range in size between produce in the same package shall not exceed:

(a) for fruit sized by diameter:

— 5 mm for ‘Extra’ Class fruit and for Classes I and II fruit packed in rows and layers. However, for apples of the varieties Bramley’s Seedling (Bramley, Triomphe de Kiel) and Horneburger, the difference in diameter may amount to 10 mm, and

— 10 mm for Class I fruit packed in sales packages or loose in the package. However, for apples of the varieties Bramley’s Seedling (Bramley, Triomphe de Kiel) and Horneburger, the difference in diameter may amount to 20 mm.

(b) for fruit sized by weight:

— For ‘Extra’ Class and Classes I and II apples packed in rows and layers:

— For Class I fruit packed in sales packages or loose in the package:

There is no sizing uniformity requirement for Class II fruit packed in sales packages or loose in the package.

Varieties of miniature apples, marked with an ‘M’ in the appendix to this standard, are exempted from the sizing provisions. Those miniature varieties must have a minimum Brix level (9) of 12°.

IV.   PROVISIONS CONCERNING TOLERANCES

At all marketing stages, tolerances in respect of quality and size shall be allowed in each lot for produce not satisfying the requirements of the class indicated.

A.   

Quality tolerances

(i)   

‘Extra’ Class

A total tolerance of 5 %, by number or weight, of apples not satisfying the requirements of the class, but meeting those of Class I is allowed. Within this tolerance not more than 0,5 % in total may consist of produce satisfying the requirements of Class II quality.

(ii)   

Class I

A total tolerance of 10 %, by number or weight, of apples not satisfying the requirements of the class, but meeting those of Class II is allowed. Within this tolerance not more than 1 % in total may consist of produce satisfying neither the requirements of Class II quality nor the minimum requirements, or of produce affected by decay.

(iii)   

Class II

A total tolerance of 10 %, by number or weight, of apples satisfying neither the requirements of the class nor the minimum requirements is allowed. Within this tolerance not more than 2 % in total may consist of produce affected by decay.

B.   

Size tolerances

For all classes: a total tolerance of 10 %, by number or weight, of apples not satisfying the requirements as regards sizing is allowed. This tolerance may not be extended to include produce with a size:

— 5 mm or more below the minimum diameter,

— 10 g or more below the minimum weight.

V.   PROVISIONS CONCERNING PRESENTATION

A.   

Uniformity

The contents of each package must be uniform and contain only apples of the same origin, variety, quality and size (if sized) and the same degree of ripeness.

In the case of the ‘Extra’ Class, uniformity also applies to colouring.

However, a mixture of apples of distinctly different varieties may be packed together in a sales package provided they are uniform in quality and, for each variety concerned, in origin. Uniformity in size is not required.

The visible part of the contents of the package must be representative of the entire contents. Information lasered on single fruit should not lead to flesh or skin defects.

B.   

Packaging

The apples must be packed in such a way as to protect the produce properly. In particular, sales packages of a net weight exceeding 3 kg shall be sufficiently rigid to ensure proper protection of the produce.

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

Stickers individually affixed on the produce shall be such that, when removed, they neither leave visible traces of glue, nor lead to skin defects.

Packages must be free of all foreign matter.

VI.   PROVISIONS CONCERNING MARKING

Each package (10) must bear the following particulars, in letters grouped on the same side, legibly and indelibly marked, and visible from the outside.

A.   

Identification

Name and physical address of the packer and/or the dispatcher (for example street/city/region/postal code and, if different from the country of origin, the country).

This mention may be replaced:

— for all packages with the exception of pre-packages, by the officially issued or accepted code mark representing the packer and/or the dispatcher, indicated in close connection with the reference ‘Packer and/or Dispatcher’ (or equivalent abbreviations). The code mark shall be preceded by the ISO 3166 (alpha) country/area code of the recognising country, if not the country of origin;

— for pre-packages only, by the name and the address of a seller established within the Union indicated in close connection with the mention ‘Packed for:’ or an equivalent mention. In this case, the labelling shall also include a code representing the packer and/or the dispatcher. The seller shall give all information deemed necessary by the inspection body as to the meaning of this code.

B.   

Nature of produce

— ‘Apples’ if the contents are not visible from the outside.

— Name of the variety. In the case of a mixture of apples of distinctly different varieties, names of the different varieties.

— The name of the variety may be replaced by a synonym. A trade name (11) may only be given in addition to the variety or the synonym.

— In the case of mutants with varietal protection, this variety name may replace the basic variety name. In case of mutants without varietal protection, this mutant name may only be indicated in addition to the basic variety name.

— ‘Miniature variety’, where appropriate.

C.   

Origin of produce

Country of origin (12) and, optionally, district where grown, or national, regional or local place name.

In the case of a mixture of distinctly different varieties of apples of different origins, the indication of each country of origin shall appear next to the name of the variety concerned.

D.   

Commercial specifications

— Class,

— Size, or for fruit packed in rows and layers, number of units.

If identification is by the size, this should be expressed:

(a) for produce subject to the uniformity rules, as minimum and maximum diameters or minimum and maximum weights;

(b) optionally, for produce not subject to the uniformity rules, as the diameter or the weight of the smallest fruit in the package followed by ‘and over’ or equivalent denomination or, where appropriate, followed by the diameter or weight of the largest fruit in the package.

E.   

Official control mark (optional)

Packages need not to bear the particulars mentioned in the first subparagraph of point VI, when they contain sales packages, clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indications such as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in an obvious position on at least two sides of the pallet.

Appendix

Non-exhaustive list of apple varieties

Fruits of varieties that are not part of the list must be graded according to their varietal characteristics.

Some of the varieties listed in the following table may be marketed under names for which trademark protection has been sought or obtained in one or more countries. The three first columns of the table hereunder do not intend to include such trademarks. References to known trademarks have been included in the fourth column for information only.

Legend:

M =

miniature variety

R =

russet variety

V =

watercore

* =

mutant without varietal protection but linked to a registered/protected trademark; mutants not marked with the asterisk are protected varieties

PART 2

Marketing standard for citrus fruit

I.   DEFINITION OF PRODUCE

This standard applies to citrus fruit of varieties (cultivars) grown from the following species, to be supplied fresh to the consumer, citrus fruit for industrial processing being excluded:

— lemons grown from the species

Citrus limon

(L.) Burm. f. and hybrids thereof,

— Persian limes grown from the species

Citrus latifolia

(Yu. Tanaka) Tanaka, a large fruited acid lime known also as Bearss or Tahiti and hybrids thereof,

— Mexican limes grown from the species

Citrus aurantiifolia

(Christm.) Swingle, also known as sour limes and key limes and hybrids thereof,

— Indian sweet limes, Palestine sweet limes grown from the species

Citrus limettioides

Tanaka and hybrids thereof,

— mandarins grown from the species

Citrus reticulata

Blanco, including satsumas (

Citrus unshiu

Marcow), clementines (

Citrus clementina

hort. ex Tanaka), common mandarins (

Citrus deliciosa

Ten.) and tangerines (

Citrus tangerina

Tanaka) grown from these species and hybrids thereof,

— oranges grown from the species

Citrus sinensis

(L.) Osbeck and hybrids thereof,

— grapefruit grown from the species

Citrus paradisi

Macfad. and hybrids thereof,

— pummelos or Shaddock grown from the species

Citrus maxima

(Burm.) Merr. And hybrids thereof.

II.   PROVISIONS CONCERNING QUALITY

The purpose of the standard is to define the quality requirements for citrus fruit after preparation and packaging.

However, at stages following dispatch products may show in relation to the requirements of the standard:

— a slight lack of freshness and turgidity,

— for products graded in classes other than the ‘Extra’ Class, a slight deterioration due to theirdevelopment and their tendency to perish.

A.   

Minimum requirements

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

— intact,

— free of bruising and/or extensive healed overcuts,

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

— clean, practically free of any visible foreign matter,

— practically free from pests,

— free from damage caused by pests affecting the flesh,

— free of signs of shrivelling and dehydration,

— free of damage caused by low temperature or frost,

— free of abnormal external moisture,

— free of any foreign smell and/or taste.

The development and condition of the citrus fruit must be such as to enable it:

— to withstand transportation and handling, and

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

B.   

Maturity requirements

The citrus fruit must have reached an appropriate degree of development and ripeness, account being taken of criteria proper to the variety, the time of picking and the growing area.

Maturity of citrus fruit is defined by the following parameters specified for each species as follows:

— minimum juice content,

— minimum total soluble solids content, i.e. minimum sugar content,

— minimum sugar/acid ratio (13),

— colouring.

The degree of colouring shall be such that following normal development the citrus fruit reach the colour typical of the variety at their destination point.

Citrus fruit meeting these maturity requirements may be ‘degreened’. This treatment is only permitted if the other natural organoleptic characteristics are not modified.

C.   

Classification

Citrus fruit is classified in three classes, defined as follows:

(i)   

‘Extra’ Class

Citrus fruit in this class must be of superior quality. It must be characteristic of the variety and/or commercial type.

It must be free from defects, with the exception of very slight superficial 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

Citrus fruit in this class must be of good quality. It must be characteristic of the variety and/or commercial type.

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,

— slight defects in colouring, including slight sunburn,

— slight progressive skin defects, provided they do not affect the flesh,

— slight skin defects occurring during the formation of the fruit, such as silver scurfs, russets or pest damage,

— slight healed defects due to a mechanical cause such as hail damage, rubbing or damage from handling,

— slight and partial detachment of the peel (or rind) for all fruit of the mandarin group.

(iii)   

Class II

This class includes citrus fruit which does not qualify for inclusion in the higher classes but satisfies the minimum requirements specified in point A.

The following defects may be allowed, provided the citrus fruit retains its essential characteristics as regards the quality, the keeping quality and presentation:

— defects in shape,

— defects in colouring, including sunburn,

— progressive skin defects, provided they do not affect the flesh,

— skin defects occurring during the formation of the fruit, such as silver scurfs, russets or pest damage,

— healed defects due to a mechanical cause such as hail damage, rubbing or damage from handling,

— superficial healed skin alterations,

— rough skin,

— a slight and partial detachment of the peel (or rind) for oranges and a partial detachment of the peel (or rind) for all fruit of the mandarin group.

III.   PROVISIONS CONCERNING SIZING

Size is determined by the maximum diameter of the equatorial section of the fruit or by count.

A.   

Minimum size

The following minimum sizes apply:

B.   

Uniformity

Citrus fruit may be sized by one of the following options:

(a) To ensure uniformity in size, the range in size between produce in the same package shall not exceed:

— 10 mm, if the diameter of the smallest fruit (as indicated on the package) is < 60 mm,

— 15 mm, if the diameter of the smallest fruit (as indicated on the package) is ≥ 60 mm but < 80 mm,

— 20 mm, if the diameter of the smallest fruit (as indicated on the package) is ≥ 80 mm but < 110 mm,

— there is no limitation of difference in diameter for fruit ≥ 110 mm.

(b) When size codes are applied, the codes and ranges in the following tables must be respected:

Uniformity in size is achieved by the above-mentioned size scales, unless otherwise stated as follows:

For fruit in bulk bins and fruit in sales packages of a maximum net weight of 5 kg, the maximum difference must not exceed the range obtained by grouping three consecutive sizes in the size scale.

(c) For fruit sized by count, the difference in size should be consistent with point (a).

IV.   PROVISIONS CONCERNING TOLERANCES

At all marketing stages, tolerances in respect of quality and size shall be allowed in each lot for produce not satisfying the requirements of the class indicated.

A.   

Quality tolerances

(i)   

‘Extra’ Class

A total tolerance of 5 %, by number or weight, of citrus fruit not satisfying the requirements of the class, but meeting those of Class I is allowed. Within this tolerance, not more than 0,5 % in total may consist of produce satisfying the requirements of Class II quality.

(ii)   

Class I

A total tolerance of 10 %, by number or weight, of citrus fruit not satisfying the requirements of the class, but meeting those of Class II is allowed. Within this tolerance, not more than 1 % in total may consist of produce satisfying neither the requirements of Class II quality nor the minimum requirements, or of produce affected by decay.

(iii)   

Class II

A total tolerance of 10 %, by number or weight, of citrus fruit satisfying neither the requirements of the class nor the minimum requirements is allowed. Within this tolerance, not more than 2 % in total may consist of produce affected by decay.

B.   

Size tolerances

For all classes: a total tolerance of 10 %, by number or weight, of citrus fruit corresponding to the size immediately below and/or above that (or those, in the case of the combination of three sizes) mentioned on the packages is allowed.

In any case, the tolerance of 10 % applies only to fruit not smaller than the following minima:

V.   PROVISIONS CONCERNING PRESENTATION

A.   

Uniformity

The contents of each package must be uniform and contain only citrus fruit of the same origin, variety or commercial type, quality and size, and appreciably of the same degree of ripeness and development.

In addition, for the ‘Extra’ Class, uniformity in colouring is required.

However, a mixture of citrus fruit of distinctly different species may be packed together in a sales package, provided they are uniform in quality and, for each species concerned, in variety or commercial type and origin. Uniformity in size is not required.

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

B.   

Packaging

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

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

Stickers individually affixed on the produce shall be such that, when removed, they neither leave visible traces of glue, nor lead to skin defects. Information lasered on single fruit should not lead to flesh or skin defects.

If the fruit is wrapped, thin, dry, new and odourless (16) paper must be used.

The use of any substance tending to modify the natural characteristics of the citrus fruit, especially its taste or smell (17), is prohibited.

Packages must be free of all foreign matter. However, a presentation where a short (not wooden) twig with some green leaves adheres to the fruit is allowed.

VI.   PROVISIONS CONCERNING MARKING

Each package (18) must bear the following particulars, in letters grouped on the same side, legibly and indelibly marked, and visible from the outside.

A.   

Identification

Name and physical address of the packer and/or the dispatcher (for example street/city/region/postal code and, if different from the country of origin, the country).

This mention may be replaced:

— for all packages with the exception of pre-packages, by the officially issued or accepted code mark representing the packer and/or the dispatcher, indicated in close connection with the reference ‘Packer and/or Dispatcher’ (or equivalent abbreviations). The code mark shall be preceded by the ISO 3166 (alpha) country/area code of the recognising country, if not the country of origin;

— for pre-packages only, by the name and the address of a seller established within the Union indicated in close connection with the mention ‘Packed for:’ or an equivalent mention. In this case, the labelling shall also include a code representing the packer and/or the dispatcher. The seller shall give all information deemed necessary by the inspection body as to the meaning of this code.

B.   

Nature of produce

‘Lemons’, ‘Limes’, ‘Persian limes’, ‘Mexican limes’, ‘Indian sweet limes’/‘Palestine sweet limes’, ‘Mandarins’, ‘Oranges’, ‘Grapefruit’, ‘Pummelos’/‘Shaddock’ if the produce is not visible from the outside.

‘Mixture of citrus fruit’ or equivalent denomination and common names of the different species, in case of a mixture of citrus fruit of distinctly different species.

For oranges, name of the variety, and/or the respective variety group in the case of ‘Navels’, and ‘Valencias’.

For ‘Satsumas’ and ‘Clementines’, the common name of the species is required and the name of the variety is optional.

For other mandarins and hybrids thereof, the name of the variety is required.

For all other species: the name of the variety is optional.

The name of a variety may be replaced by a synonym. A trade name (19) may only be given in addition to the variety or the synonym.

Flesh colour ‘white’, ‘pink’ or ‘red’ for grapefruit and pummelos where appropriate.

‘Seeded’ in case of clementines with more than 10 seeds.

‘Seedless’ (optional, seedless citrus fruit may occasionally contain seeds)

C.   

Origin of produce

— Country of origin (20) and, optionally, district where grown, or national, regional or local place name.

— In the case of a mixture of citrus fruit of distinctly different species of different origins, the indication of each country of origin shall appear next to the name of the species concerned.

D.   

Commercial specifications

— Class.

— Size expressed as:

— Minimum and maximum sizes (in mm), or

— Size code(s) followed, optionally, by a minimum and maximum size, or

— Count.

— When used, mention of the preserving agent or other chemical substances used at post-harvest stage.

E.   

Official control mark (optional)

Packages need not to bear the particulars mentioned in the first subparagraph of point VI, when they contain sales packages, clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indications such as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in an obvious position on at least two sides of the pallet.

PART 3

Marketing standard for kiwifruit

I.   DEFINITION OF PRODUCE

This standard applies to kiwifruit (also known as

Actinidia

or kiwi) of varieties (cultivars) grown from

Actinidia chinensis

Planch. and

Actinidia deliciosa

(A. Chev.), C.F. Liang and A.R. Ferguson to be supplied fresh to the consumer, kiwifruit for industrial processing being excluded.

II.   PROVISIONS CONCERNING QUALITY

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

However, at stages following dispatch products may show in relation to the requirements of the standard:

— a slight lack of freshness and turgidity,

— for products graded in classes other than the ‘Extra’ Class, a slight deterioration due to their development and their tendency to perish.

A.   

Minimum requirements

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

— intact (but free of peduncle),

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

— clean, practically free of any visible foreign matter,

— practically free from pests,

— free from damage caused by pests affecting the flesh,

— adequately firm; not soft, shrivelled or water-soaked,

— well formed, double/multiple fruit being excluded,

— free of abnormal external moisture,

— free of any foreign smell and/or taste.

The development and condition of the kiwifruit must be such as to enable it:

— to withstand transportation and handling, and

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

B.   

Minimum maturity requirements

The kiwifruit must be sufficiently developed and display satisfactory ripeness.

In order to satisfy this requirement, the fruit at packing must have attained a degree of ripeness of at least 6,2° Brix (21) or an average dry matter content of 15 %, which should lead to 9,5° Brix when entering the distribution chain.

C.   

Classification

Kiwifruit is classified in three classes, defined as follows:

(i)   

‘Extra’ Class

Kiwifruit in this class must be of superior quality. It must be characteristics of the variety.

The fruit must be firm and the flesh must be perfectly sound.

It must be free from defects with the exception of very slight superficial defects, provided these do not affect the general appearance of the produce, the quality, the keeping quality and presentation in the package.

The ratio of the minimum/maximum diameter of the fruit measured at the equatorial section must be 0,8 or greater.

(ii)   

Class I

Kiwifruit in this class must be of good quality. It must be characteristic of the variety.

The fruit must be firm and the flesh must be perfectly sound.

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 (but free of swelling or malformations),

— slight defects in colouring,

— slight skin defects, provided the total area affected does not exceed 1 cm

2

,

— small ‘Hayward mark’ like longitudinal lines and without protuberance.

The ratio of the minimum/maximum diameter of the fruit measured at the equatorial section must be 0,7 or greater.

(iii)   

Class II

This class includes kiwifruit that does not qualify for inclusion in the higher classes, but satisfies the minimum requirements specified in point A.

The fruit must be reasonably firm and the flesh should not show any serious defects.

The following defects may be allowed provided the kiwifruit retains its essential characteristics as regards the quality, the keeping quality and presentation:

— defects in shape,

— defects in colouring,

— skin defects such as small healed cuts or scarred/grazed tissue, provided that the total area affected does not exceed 2 cm

2

,

— several more pronounced ‘Hayward marks’ with a slight protuberance,

— slight bruising.

III.   PROVISIONS CONCERNING SIZING

Size is determined by the weight of the fruit.

The minimum weight for ‘Extra’ Class is 90 g, for Class I is 70 g and for Class II is 65 g.

To ensure uniformity in size, the range in size between produce in the same package shall not exceed:

— 10 g for fruit of weight up to 85 g,

— 15 g for fruit weighing between 85 g and 120 g,

— 20 g for fruit weighing between 120 g and 150 g,

— 40 g for fruit weighing 150 g or more.

IV.   PROVISIONS CONCERNING TOLERANCES

At all marketing stages, tolerances in respect of quality and size shall be allowed in each lot for produce not satisfying the requirements of the class indicated.

A.   

Quality tolerances

(i)   

‘Extra’ Class

A total tolerance of 5 %, by number or weight, of kiwifruit not satisfying the requirements of the class but meeting those of Class I is allowed. Within this tolerance not more than 0,5 % in total may consist of produce satisfying the requirements of Class II quality.

(ii)   

Class I

A total tolerance of 10 %, by number or weight, of kiwifruit not satisfying the requirements of the class but meeting those of Class II is allowed. Within this tolerance not more than 1 % in total may consist of produce satisfying neither the requirements of Class II quality nor the minimum requirements, or of produce affected by decay.

(iii)   

Class II

A total tolerance of 10 %, by number or weight, of kiwifruit satisfying neither the requirements of the class nor the minimum requirements is allowed. Within this tolerance not more than 2 % in total may consist of produce affected by decay.

B.   

Size tolerances

For all classes: a total tolerance of 10 %, by number or weight, of kiwifruit not satisfying the requirements as regards sizing is allowed.

However, the kiwifruit must not weigh less than 85 g in ‘Extra’ Class, 67 g in Class I and 62 g in Class II.

V.   PROVISIONS CONCERNING PRESENTATION

A.   

Uniformity

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

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

B.   

Packaging

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

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

Stickers individually affixed to the produce shall be such that, when removed, they neither leave visible traces of glue, nor lead to skin defects. Information lasered on single fruit should not lead to flesh or skin defects.

Packages must be free of all foreign matter.

VI.   PROVISIONS CONCERNING MARKING

Each package (22) must bear the following particulars, in letters grouped on the same side, legibly and indelibly marked, and visible from the outside:

A.   

Identification

Name and physical address of the packer and/or the dispatcher (for example street/city/region/postal code and, if different from the country of origin, the country).

This mention may be replaced:

— for all packages with the exception of pre-packages, by the officially issued or accepted code mark representing the packer and/or the dispatcher, indicated in close connection with the reference ‘Packer and/or Dispatcher’ (or equivalent abbreviations). The code mark shall be preceded by the ISO 3166 (alpha) country/area code of the recognising country, if not the country of origin;

— for pre-packages only, by the name and the address of a seller established within the Union indicated in close connection with the mention ‘Packed for:’ or an equivalent mention. In this case, the labelling shall also include a code representing the packer and/or the dispatcher. The seller shall give all information deemed necessary by the inspection body as to the meaning of this code.

B.   

Nature of produce

— ‘Kiwifruit’ and/or ‘Actinidia’, if the contents are not visible from the outside.

— Name of the variety (optional).

— Flesh colour or equivalent indication, if not green.

C.   

Origin of produce

Country of origin (23) and, optionally, district where grown, or national, regional or local place name.

D.   

Commercial specifications

— Class.

— Size expressed by the minimum and maximum weight of the fruit.

— Number of fruits (optional).

E.   

Official control mark (optional)

Packages need not bear the particulars mentioned in the first subparagraph of point VI, when they contain sales packages, clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indications such as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in an obvious position on at least two sides of the pallet.

PART 4

Marketing standard for lettuces, curled-leaved endives and broad-leaved (Batavian) endives

I.   DEFINITION OF PRODUCE

This standard applies to:

— lettuces of varieties (cultivars) grown from:

— Lactuca sativa

var.

capitata

L. (head lettuces including crisphead and ‘Iceberg’ type lettuces),

— Lactuca sativa

var.

longifolia

Lam. (cos or romaine lettuces),

— Lactuca sativa

var.

crispa

L. (leaf lettuces),

— crosses of these varieties and

— curled-leaved endives of varieties (cultivars) grown from

Cichorium endivia

var.

crispum

Lam. and

— broad-leaved (Batavian) endives (escaroles) of varieties (cultivars) grown from

Cichorium endivia

var.

latifolium

Lam.

to be supplied fresh to the consumer.

This standard does not apply to produce for industrial processing, produce presented as individual leaves, lettuces with root ball or lettuces in pots.

II.   PROVISIONS CONCERNING QUALITY

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

However, at stages following dispatch products may show in relation to the requirements of the standard:

— a slight lack of freshness and turgidity,

— a slight deterioration due to their development and their tendency to perish.

A.   

Minimum requirements

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

— intact,

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

— clean and trimmed, i.e. practically free from all earth or other growing medium and practically free of any visible foreign matter,

— fresh in appearance,

— practically free from pests,

— practically free from damage caused by pests,

— turgescent,

— not running to seed,

— free of abnormal external moisture,

— free of any foreign smell and/or taste.

In the case of lettuce, a reddish discolouration, caused by low temperature during growth, is allowed, unless it seriously affects the appearance of the lettuce.

The roots must be cut close to the base of the outer leaves and the cut must be neat.

The produce must be of normal development. The development and condition of the produce must be such as to enable it:

— to withstand transportation and handling, and

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

B.   

Classification

The produce is classified in two classes, defined as follows:

(i)   

Class I

Produce in this class must be of good quality. It must be characteristic of the variety and/or commercial type.

The produce must also be:

— well formed,

— firm, taking into account the cultivation methods and the type of produce,

— free from damage or deterioration impairing edibility,

— free from frost damage.

Head lettuces must have a single well-formed heart. However, in the case of head lettuces grown under protection, the heart may be small.

Cos lettuces must have a heart, which may be small.

The centre of curled-leaved endives and broad-leaved (Batavian) endives must be yellow in colour.

(ii)   

Class II

This class includes produce which do not qualify for inclusion in Class I, but satisfy the minimum requirements specified in point A.

The produce must be:

— reasonably well-formed,

— free from damage and deterioration which may seriously impair edibility.

The following defects may be allowed provided the produce retains its essential characteristics as regards the quality, the keeping quality and presentation:

— slight discolouration,

— slight damage caused by pests.

Head lettuces must have a heart, which may be small. However, in the case of head lettuces grown under protection, absence of heart is permissible.

Cos lettuces may show no heart.

III.   PROVISIONS CONCERNING SIZING

Size is determined by the weight of one unit.

To ensure uniformity in size, the range in size between produce in the same package shall not exceed:

(a) Lettuces:

— 40 g when the lightest unit weighs less than 150 g per unit,

— 100 g when the lightest unit weighs between 150 g and 300 g per unit,

— 150 g when the lightest unit weighs between 300 g and 450 g per unit,

— 300 g when the lightest unit weighs more than 450 g per unit.

(b) Curled-leaved and broad-leaved (Batavian) endives:

— 300 g.

IV.   PROVISIONS CONCERNING TOLERANCES

At all marketing stages, tolerances in respect of quality and size shall be allowed in each lot for produce not satisfying the requirements of the class indicated.

A.   

Quality tolerances

(i)   

Class I

A total tolerance of 10 %, by number, of produce not satisfying the requirements of the class, but meeting those of Class II is allowed. Within this tolerance not more than 1 % in total may consist of produce satisfying neither the requirements of Class II quality nor the minimum requirements, or of produce affected by decay.

(ii)   

Class II

A total tolerance of 10 %, by number, of produce satisfying neither the requirements of the class nor the minimum requirements is allowed. Within this tolerance not more than 2 % in total may consist of produce affected by decay.

B.   

Size tolerances

For all classes: a total tolerance of 10 %, by number, of produce not satisfying the requirements as regards sizing is allowed.

V.   PROVISIONS CONCERNING PRESENTATION

A.   

Uniformity

The contents of each package must be uniform and contain only produce of the same origin, variety or commercial type, quality and size.

However, a mixture of lettuces and/or endives of distinctly different, varieties, commercial types and/or colours may be packed together in a package, provided they are uniform in quality and, for each variety, commercial type and/or colour, in origin. Uniformity in size is not required.

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

B.   

Packaging

The produce must be packed in such a way as to protect it properly. It must be reasonably packed having regard to the size and type of packaging, without empty spaces or crushing.

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

Packages must be free of all foreign matter.

VI.   PROVISIONS CONCERNING MARKING

Each package (24) must bear the following particulars in letters grouped on the same side, legibly and indelibly marked, and visible from the outside:

A.   

Identification

Name and physical address of the packer and/or the dispatcher (for example street/city/region/postal code and, if different from the country of origin, the country).

This mention may be replaced:

— for all packages with the exception of pre-packages, by the officially issued or accepted code mark representing the packer and/or the dispatcher, indicated in close connection with the reference ‘Packer and/or Dispatcher’ (or equivalent abbreviations). The code mark shall be preceded by the ISO 3166 (alpha) country/area code of the recognising country, if not the country of origin;

— for pre-packages only, by the name and the address of a seller established within the Union indicated in close connection with the mention ‘Packed for:’ or an equivalent mention. In this case, the labelling shall also include a code representing the packer and/or the dispatcher. The seller shall give all information deemed necessary by the inspection body as to the meaning of this code.

B.   

Nature of produce

— ‘Lettuces’, ‘butterhead lettuces’, ‘batavia’, ‘crisphead lettuces (Iceberg)’, ‘cos lettuces’, ‘leaf lettuce’ (or, for example and where appropriate, ‘Oak leaf’, ‘Lollo bionda’, ‘Lollo rossa’), ‘curled-leaved endives’, ‘broad-leaved (Batavian) endives’, or equivalent denomination if the contents are not visible from the outside.

— ‘Grown under protection’, or equivalent denomination where appropriate.

— Name of the variety (optional).

— ‘Mixture of lettuces/endives’, or equivalent denomination in the case of a mixture of lettuces and/or endives of distinctly different varieties, commercial types and/or colours. If the produce is not visible from the outside, the varieties, commercial types and/or colours, and the quantity of each in the package must be indicated.

C.   

Origin of produce

— Country of origin (25) and, optionally, district where grown, or national, regional or local place name.

— In the case of a mixture of lettuces and/or endives of distinctly different varieties, commercial types and/or colours of different origins, the indication of each country of origin shall appear next to the name of the variety, commercial type and/or colour concerned.

D.   

Commercial specifications

— Class,

— Size, expressed by the minimum weight per unit, or number of units.

E.   

Official control mark (optional)

Packages need not to bear the particulars mentioned in the first subparagraph of point VI, when they contain sales packages, clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indications such as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in an obvious position on at least two sides of the pallet.

PART 5

Marketing standard for peaches and nectarines

I.   DEFINITION OF PRODUCE

This standard applies to peaches and nectarines of varieties (cultivars) grown from

Prunus persica

Sieb. and Zucc., to be supplied fresh to the consumer, peaches and nectarines for industrial processing being excluded.

II.   PROVISIONS CONCERNING QUALITY

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

However, at stages following dispatch products may show in relation to the requirements of the standard:

— a slight lack of freshness and turgidity,

— for products graded in classes other than the ‘Extra’ Class, a slight deterioration due to their development and their tendency to perish.

A.   

Minimum requirements

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

— intact,

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

— clean, practically free of any visible foreign matter,

— practically free from pests,

— free from damage caused by pests affecting the flesh,

— free of fruit split at the stalk cavity,

— free of abnormal external moisture,

— free of any foreign smell and/or taste.

The development and condition of peaches and nectarines must be such as to enable them:

— to withstand transportation and handling, and

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

B.   

Maturity requirements

The fruit must be sufficiently developed and display satisfactory ripeness. The minimum refractometric index of the flesh should be greater than or equal to 8° Brix (26).

C.   

Classification

Peaches and nectarines are classified into three classes, defined as follows:

(i)   

‘Extra’ Class

Peaches and nectarines in this class must be of a superior quality. They must be characteristic of the variety.

The flesh must be perfectly sound.

They must be free from defects with the exception of very slight superficial defects, provided that these do not affect the general appearance of the produce, the quality, the keeping quality and presentation in the package.

(ii)   

Class I

Peaches and nectarines in this class must be of good quality. They must be characteristic of the variety. The flesh must be perfectly sound.

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 development,

— slight defects in colouring,

— slight pressure marks not exceeding 1 cm

2

in total surface area,

— slight skin defects which must not extend over more than:

— 1,5 cm in length for defects of elongated shape,

— 1 cm

2

in total surface area for other defects.

(iii)   

Class II

This class includes peaches and nectarines which do not qualify for inclusion in the higher classes, but satisfy the minimum requirements specified in point A.

The flesh must be free from major defects.

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

— defects in shape,

— defects in development, including split stones, provided the fruit is closed and the flesh is sound,

— defects in colouring,

— bruises which may be slightly discoloured and not exceeding 2 cm

2

in total surface area,

— skin defects which must not extend over more than

— 2,5 cm in length for defects of elongated shape,

— 2 cm

2

in total surface area for other defects.

III.   PROVISIONS CONCERNING SIZING

Size is determined either by the maximum diameter of the equatorial section, by weight, or by count.

The minimum size shall be:

— 56 mm or 85 g in ‘Extra’ Class,

— 51 mm or 65 g in Classes I and II.

However, fruit below 56 mm or 85 g, is not marketed in the period from 1 July to 31 October (northern hemisphere) and from 1 January to 30 April (southern hemisphere).

The following provisions are optional for Class II.

To ensure uniformity in size, the range in size between produce in the same package shall not exceed:

(a) For fruit sized by diameter:

— 5 mm for fruit below 70 mm,

— 10 mm for fruit of 70 mm and more.

(b) For fruit sized by weight:

— 30 g for fruit below 180 g,

— 80 g for fruit of 180 g and more.

(c) For fruit sized by count, the difference in size should be consistent with point (a) or (b).

If size codes are applied, those in the table below have to be respected.