Commission Regulation (EC) No 963/98 of 7 May 1998 laying down marketing standards for cauliflowers and artichokes
Modified by
Commission Regulation (EC) No 2551/1999of 2 December 1999amending Regulation (EC) No 963/98 laying down marketing standards for cauliflower and artichokes, 399R2551, December 3, 1999
Commission Regulation (EC) No 1135/2001of 8 June 2001amending the provisions concerning sizing, presentation and labelling laid down in the marketing standards for certain fresh vegetables and amending Regulation (EC) No 659/97, 301R1135, June 9, 2001
Commission Regulation (EC) No 46/2003of 10 January 2003amending the marketing standards for fresh fruit and vegetables as regards mixes of different types of fresh fruit and vegetables in the same sales packageCommission Regulation (EC) No 6/2005of 4 January 2005correcting Regulations (EC) No 46/2003 and (EC) No 47/2003 as regards mixes of different types of fresh fruit and vegetables in the same sales package, 303R0046305R0006, January 11, 2003
Commission Regulation (EC) No 6/2005of 4 January 2005correcting Regulations (EC) No 46/2003 and (EC) No 47/2003 as regards mixes of different types of fresh fruit and vegetables in the same sales package, 305R0006, January 5, 2005
Commission Regulation (EC) No 1466/2003of 19 August 2003laying down the marketing standard for artichokes and amending Regulation (EC) No 963/98, 303R1466, August 20, 2003
Commission Regulation (EC) No 907/2004of 29 April 2004amending the marketing standards applicable for fresh fruit and vegetables with regards to presentation and labelling, 304R0907, April 30, 2004
Commission Regulation (EC) No 963/98of 7 May 1998laying down marketing standards for cauliflowers and artichokesTHE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetablesOJ L 297, 21. 11. 1996, p. 1., as amended by Commission Regulation (EC) No 2520/97OJ L 346, 17. 12. 1997, p. 41., and in particular Article 2(2) thereof,Whereas cauliflowers and artichokes are listed in Annex I to Regulation (EC) No 2200/96 as products for which standards must be adopted; whereas Annex II/1 to Council Regulation No 23 of 4 April 1962 on the progressive establishment of a common organisation of the market in fruit and vegetablesOJ 30, 20. 4. 1962, p. 965/62., as last amended by Commission Regulation (EC) No 888/97OJ L 126, 17. 5. 1997, p. 11., lays down common quality standards for cauliflowers; whereas Annex I/6 to Commission Regulation No 58OJ 56, 7. 7. 1962, p. 1606/62., as last amended by Regulation (EC) No 888/97, laying down common quality standards for certain products listed in Annex I B to Regulation No 23 lays down standards for artichokes; whereas those standards no longer reflect market requirements;Whereas the rules concerned must therefore be redrafted and Regulation No 23 and Annex I/6 to Regulation No 58 repealed, taking account, for the sake of transparency on the world market, of the standards recommended for the products concerned by the United Nations Economic Commission for Europe;Whereas the application of the standards should eliminate poor quality products from the market, direct production to meet consumer requirements and facilitate trade on the basis of fair competition, so helping to improve profitability;Whereas the standards are applicable at all marketing stages; whereas long-distance transport storage for a certain period and the handling which the products undergo may result in some deterioration owing to the products' biological development and perishability; whereas account must be taken of such deterioration when the standards are applied at the marketing stages following dispatch; whereas, since products in the "Extra" class must be sorted and packed with special care, allowance should be made only for some loss of freshness and turgidity;Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fresh Fruit and Vegetables,HAS ADOPTED THIS REGULATION:
Article 11.The marketing standard for cauliflowers falling within CN code 070410 shall be as set out in the Annex.2.The standards shall apply at all marketing stages in accordance with the conditions laid down in Regulation (EC) No 2200/96.At the stages following dispatch, however, the products may show, compared with the standards:a slight loss of freshness and turgidity,slight deterioration in the case of products in classes other than "Extra", owing to their development and perishability.Article 2Regulation No 23 is hereby repealed and Annex I/6 to Regulation No 58 deleted.Article 3This Regulation shall enter into force on 1 July 1998.This Regulation shall be binding in its entirety and directly applicable in all Member States.ANNEXSTANDARD FOR CAULIFLOWERSI.DEFINITION OF PRODUCEThis standard applies to cauliflowers of varieties (cultivars) grown from Brassica oleracea L. convar. botrytis (L.) Alef. var. botrytis to be supplied fresh to the consumer, cauliflowers for industrial processing being excluded.II.PROVISIONS CONCERNING QUALITYThe purpose of the standard is to define the quality requirements of cauliflowers after preparation and packaging.A.Minimum requirementsIn all classes, subject to the special provisions for each class and the tolerances allowed, the heads must be:intact,sound; produce affected by rotting or deterioration such as to make it unfit for consumption is excluded,clean, practically free from any visible foreign matter,fresh in appearance,practically free from pests,practically free from damage caused by pests,free from abnormal external moisture,free from any foreign smell and/or taste.The development and condition of the cauliflowers must be such as to enable them:to withstand transport and handling, andto arrive in satisfactory condition at the place of destination.B.ClassificationThe cauliflowers are classified in three classes defined below:(i)"Extra" ClassCauliflowers in this class must be of superior quality. They must be characteristic of the shape, development and colouring of the variety.The heads must be:well formed, firm, compact,of very close texture,uniformly white or slightly creamy in colourHowever, the marketing of cauliflower of another colour is allowed provided they are characteristic of the chosen class and their colour is characteristic of the variety.,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.In addition, if the cauliflowers are put on sale "with leaves" or "trimmed" the leaves must have a fresh appearance.(ii)Class ICauliflowers in this class must be of good quality. They must be characteristic of the variety.The heads must be:firm,of close texture,white or ivory or creamy in colourHowever, the marketing of cauliflowers with a definite violet/purple or green colour is allowed provided they are characteristic of the chosen class.,free from defects, such as blemishes, protruding leaves in the head, traces of frost, bruising.Heads may have the following slight defects, provided that 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 or development,a slight defect in colouring,and a very slight woolliness.In addition, if the cauliflowers are put on sale "with leaves" or "trimmed", the leaves must have a fresh appearance.(iii)Class IIThis class includes cauliflowers which do not qualify for inclusion in the higher classes, but satisfy the minimum requirements specified above.The heads may be:slightly deformed,slightly loose in texture,yellowish in colourHowever, the marketing of cauliflowers with a definite violet/purple or green colour is allowed provided they are characteristic of the chosen class..They may have:slight traces of sun scorching,not more than five pale green leaves,a slight woolliness (but not wet or greasy to the touch).They may also have two for the following defects provided the heads retain their essential characteristics as regards the quality, the keeping quality and presentation:slight traces of damage by pests or disease,slight superficial damage due to frost,slight bruising.III.PROVISIONS CONCERNING SIZINGSize is determined by the maximum diameter of the equatorial section. The minimum diameter is fixed at 11 cm; the difference in size between the smallest and the largest head in each package may not exceed 4 cm.The size requirements shall not apply to miniature produceMiniature produce means a variety or cultivar of aubergine, obtained by plant breeding and/or special cultivation techniques, excluding aubergines of non-miniature varieties which have not fully developed or are of inadequate size. All other requirements of the standards must be met..IV.PROVISIONS CONCERNING TOLERANCESTolerances in respect of quality and size shall be allowed in each package for produce not satisfying the requirements of the class indicated.A.Quality tolerances(i)"Extra" classFive per cent by number of cauliflowers not satisfying the requirements of the class but meeting those of Class I or, exceptionally, coming within the tolerances of that class.(ii)Class ITen per cent by number of cauliflowers not satisfying the requirements of the class but meeting those of Class II or, exceptionally, coming within the tolerances of that class.(iii)Class IITen per cent by number of cauliflowers satisfying neither the requirements of the class nor the minimum requirements, with the exception of produce affected by rotting or any other deterioration rending it unfit for consumption.B.Size tolerancesFor all classes: 10 % by number of cauliflowers not satisfying the requirements as regards sizing and the size indicated but conforming to the size immediately below and/or that stated on the package, the minimum diameter for heads in the smallest size grade being 10 cm.V.PROVISIONS CONCERNING PRESENTATIONA.UniformityThe contents of each package must be uniform and contain only cauliflowers of the same origin, commercial type, quality and size. In addition, each package of "Extra" Class cauliflowers must also be uniformly made up as to colour.Miniature cauliflowers must be reasonably uniform in size. They may be mixed with other miniature products of a different type and origin.The visible part of the contents of the package must be representative of the entire contents.Notwithstanding the preceding provisions in this point, products covered by this Regulation may be mixed, in sales packages of a net weight of three kilograms or less, with different types of fresh fruit and vegetables on the conditions laid down by Commission Regulation (EC) No 48/2003OJ L 7, 11.1.2003, p. 65..B.PackagingCauliflowers must be packed in such a way so as to protect the produce properly.The materials used inside the package must be new, 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.Packages must be free of all foreign matter.Stickers individually affixed on product shall be such as, when removed, neither to leave visible traces of glue, nor to lead to skin defects.C.PresentationCauliflowers may be presented:(i)with leaves: cauliflowers covered with healthy green leaves, sufficient in number and long enough to cover and protect the head entirely. The stalk must be cut off slightly below the protecting leaves;(ii)without leaves: cauliflowers with all the leaves and the non-edible portion of the stalk removed. At most, there may be five small and tender pale green leaves, untrimmed, close to the head;(iii)trimmed: cauliflowers with a sufficient number of leaves left on to protect the head. These leaves must be healthy and green and trimmed to not more than 3 cm from the top of the head. The stem must be cut off slightly below the protecting leaves.VI.PROVISIONS CONCERNING MARKINGEach package must bear the following particulars, in letters grouped on the same side, legibly and indelibly marked, and visible from the outside:A.IdentificationThe name and the address of the packer and/or the dispatcherThis 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);for pre-packages only, by the name and the address of a seller established within the Community 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"Cauliflowers", if the contents are not visible from the outsideName of the commercial type or variety for cauliflower of another colour mentioned by footnote (1) in title II, part BC.Origin of produceCountry of origin and, optionally, district where grown, or national, regional or local place name.D.Commercial specificationsClassSize expressed in minimum and maximum diameters or number of units"Mini cauliflowers", "baby cauliflowers" or other appropriate term for miniature produce, where appropriate. Where several types of miniature produce are mixed in the same package, all products and their respective origins must be mentionedE.Official control mark (optional)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. 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.ANNEX IISTANDARD FOR ARTICHOKESI.DEFINITION OF PRODUCEThis standard applies to artichoke heads of varieties (cultivars) grown from Cynara scolymus L. to be supplied fresh to the consumer, artichokes for industrial processing being excluded.II.PROVISIONS CONCERNING QUALITYThe purpose of the standard is to define the quality requirements of artichokes after preparation and packaging.A.Minimum requirementsIn all classes, subject to the special provisions for each class and the tolerances allowed, the artichokes 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,fresh in appearance, and in particular showing no sign of withering,practically free from pests,practically free from damage caused by pests,free of abnormal external moisture,free of any foreign smell and/or taste.The stems must be cut off cleanly and must not be longer than 10 cm. (This latter provision is not applicable to artichokes packed in bunches, that is made up of a certain number of heads fastened together around the stems, or to artichokes of the variety "Spinoso").The development and condition of the artichokes must be such as to enable them:to withstand transport and handling, andto arrive in satisfactory condition at the place of destination.B.ClassificationArtichokes are classified in three classes defined below:(i)"Extra" ClassArtichokes in this class must be of superior quality. They must be characteristic of the variety and/or commercial type. The central bracts must be well closed, in accordance with the variety.They must be free from defects with the exception of very slight superficial defects of the skin of the bracts provided these do not affect the general appearance of the produce, the quality, the keeping quality and presentation in the package.The ducts in the base must show no incipient woodiness.(ii)Class IArtichokes in this class must be of good quality. They must be characteristic of the variety and/or commercial type. The central bracts must be well closed, in accordance with the variety.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:slight defect in shape,slight deterioration due to frost (cracks),very slight bruising.The ducts in the base must show no incipient woodiness.(iii)Class IIThis class includes artichokes which do not qualify for inclusion in the higher classes but satisfy the minimum requirements specified above. They may be slightly open.The following defects may be allowed provided the artichokes retain their essential characteristics as regards the quality, the keeping quality and presentation:defects in shape,deterioration due to frost ("nipped" artichokes),slight bruising,slight staining on the outer bracts,incipient woodiness of the ducts in the base.III.PROVISIONS CONCERNING SIZINGSize is determined by the maximum diameter of the equatorial section of the head.The minimum diameter is fixed at 6 cm.The scale given below is compulsory for the "Extra" Class and Class I and optional for Class II:diameter of 13 cm and over,diameter from 11 cm up to but excluding 13 cm,diameter from 9 cm up to but excluding 11 cm,diameter from 7,5 cm up to but excluding 9 cm,diameter from 6 cm up to but excluding 7,5 cm.In addition, a diameter from 3,5 cm up to but excluding 6 cm is allowed for artichokes of the "Poivrade" type and the "Bouquet" type.IV.PROVISIONS CONCERNING TOLERANCESTolerances in respect of quality and size shall be allowed in each package for produce not satisfying the requirements of the class indicated.A.Quality tolerances(i)"Extra" ClassFive per cent by number of artichokes not satisfying the requirements of the class, but meeting those of Class I or, exceptionally, coming within the tolerances of that class.(ii)Class ITen per cent by number of artichokes not satisfying the requirements of the class, but meeting those of Class II or, exceptionally, coming within the tolerances of that class.(iii)Class IITen per cent by number of artichokes satisfying neither the requirements of the class nor the minimum requirements, with the exception of produce affected by rotting or any other deterioration rendering it unfit for consumption.B.Size tolerancesFor all classes: 10 % by number of artichokes not satisfying the requirements as regards sizing and the size indicated, but conforming to the size immediately above and/or below that specified, with a minimum of 5 cm in diameter for artichokes classified in the smallest size (6 to 7,5 cm).No size tolerance is allowed for artichokes of the "Poivrade" type or "Bouquet" type.V.PROVISIONS CONCERNING PRESENTATIONA.UniformityThe contents of each package must be uniform and contain only artichokes of the same origin, variety or commercial type, quality and size (if sized).The visible part of the contents of the package must be representative of the entire contents.Notwithstanding the preceding provisions in this point, products covered by this Regulation may be mixed, in sales packages of a net weight of less than three kilograms, with different types of fresh fruit and vegetables on the conditions laid down by Commission Regulation (EC) No 48/2003OJ L 7, 11.1.2003, p. 65..B.PackagingThe artichokes must be packed in such a way as to protect the produce properly.The materials used inside the package must be new, 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.Packages must be free of all foreign matter.VI.PROVISIONS CONCERNING MARKINGEach package must bear the following particulars, in letters grouped on the same side, legibly and indelibly marked, and visible from the outside:A.IdentificationPacker and/or Dispatcher: Name and address of officially issued or accepted code mark. However, in the case where a code mark is used, the reference "packer and/or dispatcher (or equivalent abbreviations)" has to be indicated in close connection with the code mark.B.Nature of produce"Artichokes", if the contents are not visible from the outsideName of the variety for the "Extra" Class"Poivrade" or "Bouquet", where appropriate"Spinoso", where appropriateC.Origin of produceCountry of origin and, optionally, district where grown, or national, regional or local place name.D.Commercial specificationsClassNumber of headsSize (if sized) expressed in minimum and maximum diameters of the headsE.Official control mark (optional)