Commission Regulation (EC) No 1221/2008

of 5 December 2008

amending Regulation (EC) No 1580/2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector as regards marketing standards (repealed)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to 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)1, and in particular Article 121(a) in conjunction with Article 4 thereof,

Whereas:

(1)
Council Regulation (EC) No 361/20082 has integrated into Regulation (EC) No 1234/2007, with effect from 1 July 2008, the provisions of Council Regulation (EC) No 1182/20073, which lays down specific rules as regards the fruit and vegetable sector, without calling into question the underlying policy choices. These provisions state that fruit and vegetables which are intended to be sold fresh to the consumer, may only be marketed if they are sound, fair and of marketable quality and if the country of origin is indicated. In the interest of harmonisation of the implementation of this provision, it is appropriate to define these characteristics in providing for a general marketing standard for all fresh fruits and vegetables.
(2)
Commission Regulation (EC) No 1580/20074 does not currently contain specific marketing standards for individual products which are currently contained in a number of existing Regulations, which continue to apply pursuant to Article 203a(7) of Regulation (EC) No 1234/2007. In the interests of clarity it is appropriate to gather together all the specific marketing standards foreseen under Article 113(1)(b) and (c) of Regulation (EC) No 1234/2007 into Regulation (EC) No 1580/2007.
(3)

It is also appropriate in the light of experience and in the interests of simplification to reduce the list of products covered by specific marketing standards, to include only those products for which it seem necessary to adopt a standard based on an assessment of its relevance, taking into account in particular which products are most traded in value terms on the basis of the figures held in the Comext database on intra-Community and extra-Community trade.

(4)

In order to avoid unnecessary barriers to trade, where specific marketing standards are to be laid down for individual products, these standards should be those as set out in the standards adopted by the United Nations Economic Commission for Europe (UNECE). For the same reason, other products should be considered to conform to the general marketing standard where the holder is able to show they are in conformity with any such applicable standards.

(5)

The exceptions and exemptions from these standards should also be modified accordingly. In particular, the reference to minimum quality criteria for products intended for industrial processing should be deleted since those criteria related to aid schemes which have been abolished by Regulation (EC) No 1182/2007. Since some fruit and vegetables will naturally develop and have a tendency to perish, they should be permitted to show a slight lack of freshness and turgidity provided they are not in Extra Class. Certain products which are normally not intact when sold should be exempted from the general marketing standard which would otherwise require this.

(6)

To avoid fraud and cases of misleading consumers, the information particulars required by the standards should be available to consumers before purchase. This is especially the case for distance selling where experience has shown the risks of fraud and avoidance of the consumer protection offered by the standards.

(7)

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 contained in the marketing standards.

(8)

The provisions relating to mixes of fruits and vegetables should be simplified whilst maintaining sufficient protection for the consumer. The scope of the provisions should be extended to packages of 5 kg or less to reflect the market trend to sell bigger packs than before.

(9)

The provisions of Chapter II of Regulation (EC) No 1580/2007 relating to checks on conformity to marketing standards should be simplified without reducing their scope in order to ensure conformity at an appropriate level. They should take into account Article 113a(4) of Regulation (EC) No 1234/2007 which provides that Member States should check selectively, based on a risk analysis, whether products conform to marketing standards and that the checks should be focused on the stage prior to dispatch from the production areas when the products are being packed or loaded. For products from third countries, checks should be done prior to release for free circulation. In particular there should be a strengthening of the role of the risk assessment in selecting products for checks. Experience has shown that the definition of <trader> should be widened and made much more detailed in order to ensure that all actors in the marketing chain are covered and to ensure legal certainty.

(10)Following Commission Regulations should therefore be repealed:
  • (EEC) No 1292/81 of 12 May 1981 laying down quality standards for leeks, aubergines and courgettes5;
  • (EEC) No 2213/83 of 28 July 1983 laying down quality standards for onions and witloof chicory6;
  • (EEC) No 1591/87 of 5 June 1987 laying down quality standards for cabbages, Brussels sprouts, ribbed celery, spinach and plums7;
  • (EEC) No 1677/88 of 15 June 1988 laying down quality standards for cucumbers8;
  • (EC) No 831/97 of 7 May 1997 laying down marketing standards applicable to avocados9;
  • (EC) No 2288/97 of 18 November 1997 laying down marketing standards for garlic10;
  • (EC) No 963/98 of 7 May 1998 laying down marketing standards for cauliflowers and artichokes11;
  • (EC) No 730/1999 of 7 April 1999 laying down the marketing standard for carrots12;
  • (EC) No 1168/1999 of 3 June 1999 laying down marketing standards for plums13;
  • (EC) No 1455/1999 of 1 July 1999 laying down the marketing standard for sweet peppers14;
  • (EC) No 2377/1999 of 9 November 1999 laying down the marketing standard for asparagus15;
  • (EC) No 2561/1999 of 3 December 1999 laying down the marketing standard for peas16;
  • (EC) No 2789/1999 of 22 December 1999 laying down the marketing standard for table grapes17;
  • (EC) No 790/2000 of 14 April 2000 laying down the marketing standard for tomatoes18;
  • (EC) No 851/2000 of 27 April 2000 laying down the marketing standard for apricots19;
  • (EC) No 175/2001 of 26 January 2001 laying down the marketing standard for walnuts in shell20;
  • (EC) No 912/2001 of 10 May 2001 laying down the marketing standard for beans21;
  • (EC) No 1508/2001 of 24 July 2001 laying down the marketing standard for onions and amending Regulation (EEC) No 2213/8322;
  • (EC) No 1543/2001 of 27 July 2001 laying down the marketing standard for lettuces and curled-leaved and broad-leaved (Batavian) endives23;
  • (EC) No 1615/2001 of 7 August 2001 laying down the marketing standard for melons and amending Regulation (EC) No 1093/9724;
  • (EC) No 1799/2001 of 12 September 2001 laying down the marketing standard for citrus fruit25;
  • (EC) No 2396/2001 of 7 December 2001 laying down the marketing standard applicable to leeks26;
  • (EC) No 843/2002 of 21 May 2002 laying down the marketing standard for strawberries and amending Regulation (EEC) No 899/8727;
  • (EC) No 1284/2002 of 15 July 2002 laying down the marketing standard for hazelnuts in shell28;
  • (EC) No 1466/2003 of 19 August 2003 laying down the marketing standard for artichokes and amending Regulation (EC) No 963/9829;
  • (EC) No 1757/2003 of 3 October 2003 laying down the marketing standard for courgettes and amending Regulation (EEC) No 1292/8130;
  • (EC) No 85/2004 of 15 January 2004 laying down the marketing standard for apples31;
  • (EC) No 86/2004 of 15 January 2004 laying down the marketing standard for pears32;
  • (EC) No 214/2004 of 6 February 2004 laying down the marketing standard for cherries33;
  • (EC) No 1673/2004 of 24 September 2004 laying down the marketing standard applicable to kiwifruit34;
  • (EC) No 1861/2004 of 26 October 2004 laying down the marketing standard applicable to peaches and nectarines35;
  • (EC) No 1862/2004 of 26 October 2004 laying down the marketing standard applicable to watermelons36;
  • (EC) No 1863/2004 of 26 October 2004 laying down the marketing standard applicable to cultivated mushrooms37;
  • (EC) No 634/2006 of 25 April 2006 laying down the marketing standard applicable to headed cabbages and amending Regulation (EEC) No 1591/8738.
(11)

In order to allow Member States and traders to prepare for the changes introduced by this Regulation, it should apply from 1 July 2009. Appropriate transitional provisions should be laid down to allow for the use, until stocks are exhausted, of specimens and conformity certificates which conformed to the now existing provisions of Regulation (EC) No 1580/2007, and for the continuity of authorisations granted to approved traders.

(12)

Regulation (EC) No 1580/2007 should therefore be amended accordingly.

(13)

The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chairman,

HAS ADOPTED THIS REGULATION: