委员会实施条例(EU) No 1333/2011,为香蕉制定营销标准以及核查香蕉行业的营销标准和公告要求遵守情况的规则

技术法规类型:欧盟Eurlex法规 来源:tbtmap

EURLEX ID:32011R1333

OJ编号:OJ L 336, 20.12.2011, p. 23-34

中文标题:委员会实施条例(EU) No 1333/2011,为香蕉制定营销标准以及核查香蕉行业的营销标准和公告要求遵守情况的规则

原文标题: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

分类:03.60.54_新鲜水果蔬菜

文件类型:二级立法 Regulation|条例

生效日期:2012-01-09

废止日期:2058-12-31

法规全文:查看欧盟官方文件

HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
20.12.2011 Official
Journal
of
the
European
Union L
336/23
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
(codification)
THE EUROPEAN COMMISSION,
green bananas, provided those rules are not in conflict
with Union standards and do not impede the free circu
lation of bananas in the Union.
Having regard to the Treaty on the Functioning of the European
Union,
(5) Account
should
be
taken
of
the
fact
that,
because
Having regard to Council Regulation (EC) No 1234/2007 of
climatic factors make production conditions difficult in
22 October 2007 establishing a common organisation of agri
Madeira, the Azores, the Algarve, Crete, Lakonia and
cultural markets and on specific provisions for certain agri
Cyprus, bananas there do not develop to the minimum
cultural products (Single CMO Regulation) ( 1 ), and in particular
length laid down. In those cases such bananas should still
Article 121(a) and Article 194, in conjunction with Article 4
be allowed to be marketed, but only in Class II.
thereof,
(6) Measures
should
be
adopted
to
ensure
uniform
appli
Whereas:
cation of the rules on marketing standards for bananas,
in particular as regards conformity checks.
(1) Commission Regulation (EC) No
2257/94 of
16 September 1994 laying down quality standards for
bananas ( 2 ), Commission Regulation (EC) No 2898/95 of
(7)
While taking due account of the nature of a highly
15 December 1995 concerning verification of
perishable product and of the marketing practices and
compliance with quality standards for bananas ( 3 ) and
inspection procedures used in the trade, it should be
Commission Regulation (EC) No 239/2007 of 6 March
laid down that checks on conformity are to be carried
2007 laying down detailed rules for the application of
out in principle at the stage to which the standards
Regulation (EEC) No 404/93 as regards the requirements
apply.
for communications in the banana sector ( 4 ) have been
substantially amended ( 5 ). In the interests of clarity and
rationality the said Regulations should be codified by
(8) A
product
which
has
satisfied
checks
at
that
stage
is
assembling them in a single act.
deemed to comply with the standards. That assessment
should be without prejudice to any unannounced checks
carried out subsequently up to the ripening depot stage.
(2) Regulation
(EC)
No
1234/2007
makes
provision
for
laying down marketing standards for bananas. The
purpose of those standards is to ensure that the market
is supplied with products of uniform and satisfactory
(9) The
check
on
conformity
should
not
be
systematic
but
quality, in particular in the case of bananas harvested
random, by assessment of an overall sample taken at
in the Union, for which efforts to improve quality
random from the lot selected for checking by the
should be made.
competent body and assumed to be representative of

that lot. For that purpose, the appropriate provisions
of Commission Implementing Regulation (EU)
(3)
Given the wide range of varieties marketed in the Union
No 543/2011 of 7 June 2011 laying down detailed
and of marketing practices, minimum standards should
rules for the application of Council Regulation (EC)
be set for unripened green bananas, without prejudice to
No 1234/2007 in respect of the fruit and vegetables
the later introduction of standards applicable at a
and processed fruit and vegetables sectors ( 6 ) apply.
different marketing stage. The characteristics of fig
bananas and the way in which they are marketed are
such that they should not be covered by the Union
(10) The
banana
trade
is
subject
to
strong
competition.
The
standards.
traders concerned have themselves introduced strict
checks. Checks should not, therefore, be carried out at
the stage laid down on traders who offer suitable guar
(4) It
seems
appropriate,
in
view
of
the
objectives
pursued,
antees as regards staff and handling facilities and who
to allow the banana-producing Member States to apply
can guarantee that the bananas they market in the
national standards within their territory to their own
Union conform with Union standards. Such exemptions
production but only at stages subsequent to unripened
should be granted by the Member State on the territory
of which the check is in principle to be carried out. Such
( 1 ) OJ L 299, 16.11.2007, p. 1.
exemptions should be withdrawn where the standards
( 2 ) OJ L 245, 20.9.1994, p. 6.
and conditions relating thereto are not met.
( 3 ) OJ L 304, 16.12.1995, p. 17.
( 4 ) OJ L 67, 7.3.2007, p. 3.
( 5 ) See Annex V.
( 6 ) OJ L 157, 15.6.2011, p. 1.

L 336/24
EN
Official Journal of the European Union
20.12.2011
(11) In
order
for
checks
to
be
carried
out,
information
should
CHAPTER 2
be supplied to the competent bodies by the traders
concerned.
VERIFICATION OF COMPLIANCE WITH MARKETING
STANDARDS
Article 3
(12) The
certificate
of
conformity
issued
upon
completion
of
the checks should not constitute an accompanying
Member States shall carry out checks in accordance with this
document for the bananas up to the final stage of
Chapter to verify that bananas falling within CN code 0803 00
marketing, but a document of proof of the conformity
excluding plantains, fig bananas and bananas intended for
of the bananas with Union standards up to the ripening
processing conform with the marketing standards referred to
depot stage, in accordance with the scope of the
in Article 1.
standard, to be presented at the request of the
competent authorities. It should be stressed that
bananas not conforming with the standards laid down
Article 4
in this Regulation may not be marketed for fresh
Bananas produced in the Union shall be subject to a check on
consumption in the Union.
their conformity with the marketing standards referred to in
Article 1 before loading onto a means of transport with a
view to be marketed fresh. Such checks may be carried out at
(13) In
order
to
monitor
how
the
banana
market
functions,
it
the packing plant.
is necessary for the Commission to receive information
on the production and marketing of bananas produced in
the Union. Rules covering the notification of such
Bananas which are marketed outside their region of production
information by Member States should be laid down.
shall be subject to spot checks when they are first unloaded
elsewhere in the Union.
(14) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the Management
The checks referred to in the first and second paragraphs shall
Committee for the Common Organisation of Agricultural
be carried out subject to Article 9.
Markets,
Article 5
HAS ADOPTED THIS REGULATION:
Before release for free circulation in the Union, bananas
imported from third countries shall be subject to checks on
CHAPTER 1
their conformity with the marketing standards referred to in
Article 1 in the Member State of first unloading in the
MARKETING STANDARDS
Union, subject to Article 9.
Article 1
The marketing standards applicable to bananas falling within
Article 6
CN code 0803 00, excluding plantains, fig bananas and
bananas intended for processing, are laid down in Annex I.
1. The
conformity
checks
shall
be
carried
out
in
accordance
with Article 17 of Implementing Regulation (EU) No 543/2011.
Those marketing standards shall apply to bananas originating in
third countries at the stage of release for free circulation, to
2. For
products
which,
for
technical
reasons,
cannot
be
bananas originating in the Union at the stage of first landing
checked for conformity upon first unloading in the Union,
at a Union port, and to bananas delivered fresh to the consumer
checks shall be carried out subsequently, at the latest on
in the producing region at the stage of leaving the packing shed.
arrival at the ripening depot and in any case, as regards
products imported from third countries, before release for free
circulation.
Article 2
The marketing standards referred to in Article 1 shall not affect
3. On
completion
of
the
conformity
check,
a
certificate
the application, at later stages of marketing, of national rules
drawn up in accordance with Annex II shall be issued for
which:
products whose compliance with the standard has been ascer
tained.
(a) do not impede the free circulation of bananas originating in
third countries or other regions of the Union and
The inspection certificate issued for bananas originating in third
complying with the marketing standards referred to in
countries shall be presented to the customs authorities for
Article 1; and
release of those products for free circulation in the Union.
(b) are not incompatible with the marketing standards referred
4. In
the
event
on
non-compliance,
point
2.7
of
Annex
V
to
to in Article 1.
Implementing Regulation (EU) No 543/2011 shall apply.

EN
20.12.2011 Official
Journal
of
the
European
Union L
336/25
5. Where
the
competent
body
has
not
inspected
certain (b) keep records of the operations they carry out; and
products, it shall place its official stamp on the notification
provided for in Article 7 or, failing that, in the case of
imported products it shall duly inform the customs authorities
by any other appropriate means.
(c) present guarantees that the quality of bananas they market
conforms with the marketing standards referred to in
Article 1.
6. Traders
shall
provide
all
the
facilities
required
by
the
competent body for carrying out verifications pursuant to this
Chapter.
Traders exempted from checks shall obtain a certificate of
exemption in accordance with the specimen shown in
Article 7
Annex III.
The traders concerned or their representatives, who do not
qualify for the exemption provided for in Article 9, shall
provide the competent body in good time with all the
information necessary for identification of the lots and
2. Exemption
from
checks
shall
be
granted,
at
the
request
of
detailed information on the place and date of packing and
the trader concerned, by the inspection departments or bodies
shipping for bananas harvested in the Union, the planned
appointed by the competent national authorities of either the
place and date of unloading in the Union for bananas from
Member State of production, for bananas marketed in the
third countries or from Union regions of production and
Union production region, or the Member State of unloading,
deliveries to ripening depots for bananas which cannot be
for Union bananas marketed elsewhere in the Union and
checked when they are first unloaded in the Union.
bananas imported from third countries. Exemption from
checks shall be granted for a maximum period of three years
and shall be renewable. Such exemption shall apply to the
Article 8
whole of the Union market for products unloaded in the
Member State which granted the exemption.
1. Conformity
checks
shall
be
carried
out
by
the
departments
or bodies designated by the competent national authorities.
Such departments or bodies must present suitable guarantees
for carrying out such checks, in particular as regards equipment,
Those departments or bodies shall withdraw the exemption
training and experience.
where they detect anomalies or irregularities which could
affect the conformity of bananas with the marketing standards
referred to in Article 1 or where the conditions set out in
2. The
competent
national
authorities
may
delegate
respon
paragraph 1 are no longer met. Withdrawal shall be either
sibility for carrying out conformity checks to private bodies
temporary or permanent, according to the gravity of the defi
approved for that purpose which:
ciencies detected.
(a) have inspectors who have followed a training course
recognised by the competent national authorities;
Member States shall establish a register of banana traders
exempted from checks, allocate them a registration number
(b) have the equipment and facilities necessary for carrying out
and take appropriate steps to disseminate such information.
the verifications and analyses required for the checks; and
(c) have adequate facilities for communicating information.
3. The
competent
departments
or
bodies
of
the
Member
States shall periodically verify the quality of bananas marketed
by the traders referred to in paragraph 1 and compliance with
3. The
competent
national
authorities
shall
periodically the conditions set out therein. Exempted traders shall also
check the execution and efficiency of conformity checks. They
provide all the facilities required for carrying out such verifi
shall withdraw approval where they find anomalies or irregu
cations.
larities which could affect the correct execution of conformity
checks or where the requirements are no longer met.
The competent departments or bodies of the Member States
Article 9
shall notify the Commission of the list of traders granted the
exemption provided for in this Article and of any withdrawals
1. Traders
marketing
bananas
harvested
in
the
Union
or of exemption.
bananas imported from third countries shall not be subject to
the checks on conformity with marketing standards at the
stages referred to in Articles 4 and 5 where they:
Article 10
(a) have staff experienced in marketing standards and handling
This Regulation shall apply without prejudice to any spot
and inspection facilities;
checks carried out subsequently up to the ripening depot stage.

L 336/26
EN
Official Journal of the European Union
20.12.2011
CHAPTER 3
(e) Crete and Lakonia;
NOTIFICATIONS
Article 11
(f) Cyprus.
1. Member
States
shall
notify
the
Commission
in
respect
of
each reporting period of the following:
3. The
reporting
periods
for
a
calendar
year
shall
be:
(a) the quantity of bananas produced in the Union which are
marketed:
(a) January to April inclusive;
(i) in their region of production;
(b) May to August inclusive;
(ii) outside their region of production;
(c) September to December inclusive.
(b) the average selling prices on local markets of green bananas
produced in the Union which are marketed in their region
The notifications for each reporting period shall be made at the
of production;
latest by the fifteenth day of the second month following the
reporting period.
(c) the average selling prices for green bananas at the stage of
delivery at first port of unloading (goods not unloaded) in
4. The
notifications
referred
to
in
this
Chapter
shall
be
made
respect of bananas produced in the Union which are
in accordance with Commission Regulation (EC)
marketed in the Union outside their region of production;
No 792/2009 ( 1 ).
(d) forecasts of the data referred to in points (a), (b) and (c) for
the two subsequent reporting periods.
Article 12
Regulations (EC) No 2257/94, (EC) No 2898/95 and (EC)
No 239/2007 are repealed.
2. The
regions
of
production
shall
be:
(a) the Canary Islands;
References to the repealed Regulations shall be construed as
references to this Regulation and shall be read in accordance
with the correlation table in Annex VI.
(b) Guadeloupe;
Article 13
(c) Martinique;
This Regulation shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
(d) Madeira, the Azores and the Algarve;
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 December 2011.
For the Commission
The President
José Manuel BARROSO
( 1 ) OJ L 228, 1.9.2009, p. 3.

EN
20.12.2011 Official
Journal
of
the
European
Union L
336/27
ANNEX I
Marketing standards for bananas
I. DEFINITION
OF
PRODUCE
This standard applies to bananas of the varieties (cultivars) of Musa (AAA) spp., Cavendish and Gros Michel
subgroups, as well as hybrids, referred to in Annex IV, intended to be supplied fresh to the consumer after
preparation and packaging. Plantains, bananas intended for industrial processing and fig bananas are not covered.
II. QUALITY
This standard defines the quality requirements to be met by unripened green bananas after preparation and packaging.
A. Minimum requirements
In all classes, subject to the special provisions for each class and the tolerances allowed, the bananas must be:
— green and unripened,
— intact,
— firm,
— sound; produce affected by rotting or deterioration such as to make it unfit for consumption is excluded,
— clean, practically free from visible foreign matter,
— practically free from pests,
— practically free from damage caused by pests,
— with the stalk intact, without bending, fungal damage or dessication,
— with pistils removed,
— free from malformation or abnormal curvature of the fingers,
— practically free from bruises,
— practically free from damage due to low temperatures,
— free from abnormal external moisture,
— free from any foreign smell and/or taste.
In addition, hands and clusters (parts of hands) must include:
— a sufficient portion of crown of normal colouring, sound and free from fungal contamination,
— a cleanly cut crown, not beveled or torn, with no stalk fragments.
The physical development and ripeness of the bananas must be such as to enable them to:
— withstand transport and handling,
and
— arrive in satisfactory condition at the place of destination in order to attain an appropriate degree of maturity
after ripening.

L 336/28
EN
Official Journal of the European Union
20.12.2011
B. Classification
Bananas are classified into the three classes defined below:
(i) ‘Extra’ class
Bananas in this class must be of superior quality. They must have the characteristics typical of the variety
and/or commercial type.
The fingers must be free from defects, apart from slight superficial blemishes not covering a total of more
than 1 cm 2 of the surface of the finger, which must not impair the general appearance of the hand or cluster,
its quality, its keeping quality or the presentation of the package.
(ii) Class I
Bananas in this class must be of good quality. They must display the characteristics typical of the variety
and/or commercial type.
However, the following slight defects of the fingers are allowed, provided they do not impair the general
appearance of each hand or cluster, its quality, its keeping quality or the presentation of the package:
— slight defects in shape,
— slight skin defects due to rubbing and other slight superficial blemishes not covering a total of more than
2 cm 2 of the surface of the finger.
Under no circumstances may such slight defects affect the flesh of the fruit.
(iii) Class II
This class covers bananas which do not qualify for inclusion in the higher classes but satisfy the minimum
requirements specified above.
The following defects of the fingers are allowed, provided the bananas retain their essential characteristics as
regards quality, keeping quality and presentation:
— defects of shape,
— skin defects due to scraping, rubbing or other causes, provided that the total area affected does not cover
more than 4 cm 2 of the surface of the finger.
Under no circumstances may the defects affect the flesh of the fruit.
III. SIZING
Sizing is determined by:
— the length of the fruit expressed in centimetres and measured along the convex face, from the blossom end to the
point where the peduncle joins the crown,
— the grade, that is the measurement, in millimetres, of the thickness of a transverse section of the fruit between the
lateral faces and the middle, perpendicularly to the longitudinal axis.
The reference fruit for measurement of the length and grade is:
— the median finger on the outer row of the hand,
— the finger next to the cut sectioning the hand, on the outer row of the cluster.
The minimum length permitted is 14 cm and the minimum grade permitted is 27 mm.
As an exception to the third paragraph, bananas produced in Madeira, the Azores, the Algarve, Crete, Lakonia and
Cyprus which are less than 14 cm in length may be marketed in the Union but must be classified in Class II.

EN
20.12.2011 Official
Journal
of
the
European
Union L
336/29
IV. TOLERANCES
Tolerances in respect of quality and size shall be allowed within each package in respect of produce not satisfying the
requirements of the class indicated.
A. Quality tolerances
(i) ‘Extra’ class
5 % by number or weight of bananas not satisfying the requirements for the ‘extra’ class but meeting those for
Class I, or, exceptionally, coming within the tolerances for that class.
(ii) Class I
10 % by number or weight of bananas not satisfying the requirements of Class I but meeting those for Class
II, or, exceptionally, coming within the tolerances for that class.
(iii) Class II
10 % by number or weight of bananas satisfying neither the requirements for Class II nor the minimum
requirements, with the exception of produce affected by rotting or any other deterioration rendering it unfit
for consumption.
B. Size tolerances
For all classes, 10 % by number of bananas not satisfying the sizing characteristics, up to a limit of 1 cm for the
minimum length of 14 cm.
V. PRESENTATION
A. Uniformity
The contents of each package must be uniform and consist exclusively of bananas of the same origin, variety
and/or commercial type, and quality.
The visible part of the contents of each package must be representative of the entire contents.
B. Packaging
The bananas 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 nature such as to avoid causing any external or
internal deterioration of the produce. The use of materials such as, in particular, wrapping papers or adhesive
labels bearing commercial indications is allowed provided that the printing and labelling is done with a non-toxic
ink or glue.
Packages must be free from any foreign matter.
C. Presentation
The bananas must be presented in hands or clusters (parts of hands) of at least four fingers. Bananas may also be
presented as single fingers.
Clusters with not more than two missing fingers are allowed, provided that the stalk is not torn but cleanly cut,
without damage to the neighbouring fingers.
Not more than one cluster of three fingers with the same characteristics as the other fruit in the package may be
present per row.
In the producing regions, bananas may be marketed by the stem.
VI. MARKING
Each package must bear the following particulars in writing, all on the same side, legibly and indelibly marked and
visible from the outside:
A. Identification
Packer
9
and/or
= Name and address or officially issued or recognised conventional mark.
dispatcher ;

L 336/30
EN
Official Journal of the European Union
20.12.2011
B. Nature of produce
— the word ‘Bananas’ where the contents are not visible from the outside,
— the name of the variety or commercial type.
C. Origin of the product
Country of origin and, in the case of Union produce:
— production area, and
— (optionally) national, regional or local name.
D. Commercial specifications
— class,
— net weight,
— size, expressed as minimum length and, optionally, as maximum length.
E. Official control mark (optional).

EN
20.12.2011 Official
Journal
of
the
European
Union L
336/31
ANNEX II

L 336/32
EN
Official Journal of the European Union
20.12.2011
ANNEX III
Certificate of exemption from verification of compliance with marketing standards for bananas
ANNEX IV
List of the main groups, sub-groups and cultivars of dessert bananas marketed in the Union
Group Sub-group
Main cultivars
(non-exhaustive list)
AA Sweet
fig Sweet
fig,
Pisang
Mas,
Amas
Datil,
Bocadillo
AB Ney-Poovan Ney
Poovan,
Safet
Velchi
AAA Cavendish Dwarf
Cavendish
Giant Cavendish
Lacatan
Poyo (Robusta)
Williams
Americani
Valery
Arvis
Gros Michel Gros
Michel
(‘Big
Mike’)
Highgate
Hybrids Flhorban
920
Pink fig Figue
Rose
Figue Rose Verte
Ibota
AAB Fig
apple Fig
apple,
Silk
Pome (Prata) Pacovan
Prata Ana
Mysore Mysore,
Pisang
Ceylan,
Gorolo

EN
20.12.2011 Official
Journal
of
the
European
Union L
336/33
ANNEX V
Repealed Regulations with list of their successive amendments
Commission Regulation (EC) No 2257/94
(OJ L 245, 20.9.1994, p. 6)
Commission Regulation (EC) No 1135/96
Only Article 1 and only as regards the German version
(OJ L 150, 25.6.1996, p. 38)
Commission Regulation (EC) No 386/97
Only Article 1 and only as regards the English and
(OJ L 60, 1.3.1997, p. 53)
Swedish versions
Commission Regulation (EC) No 228/2006
(OJ L 39, 10.2.2006, p. 7)
Commission Regulation (EC) No 2898/95
(OJ L 304, 16.12.1995, p. 17)
Commission Regulation (EC) No 465/96
(OJ L 65, 15.3.1996, p. 5)
Commission Regulation (EC) No 1135/96
Only Article 2 and only as regards the English version
(OJ L 150, 25.6.1996, p. 38)
Commission Regulation (EC) No 386/97
Only Article 2 and only as regards the Spanish version
(OJ L 60, 1.3.1997, p. 53)
Commission Regulation (EC) No 239/2007
(OJ L 67, 7.3.2007, p. 3)
Commission Regulation (EU) No 557/2010
Only Article 6
(OJ L 159, 25.6.2010, p. 13)

L 336/34
EN
Official Journal of the European Union
20.12.2011
ANNEX VI
Correlation Table
Regulation (EC)
Regulation (EC)
Regulation (EC)
No 2257/94
No 2898/95
No 239/2007
This Regulation
Article 1
—
— Article
1
Article 2, introductory part
—
— Article
2,
introductory
part
Article 2, first indent
—
— Article
2(a)
Article 2, second indent
—
— Article
2(b)
Article 3
—
— Article
13
Annex I
—
— Annex
I
Annex II
—
— Annex
IV
— Article
1
— Article
3
— Article
2
— Article
4
— Article
3
— Article
5
— Article
4
— Article
6
— Article
5
— Article
7
— Article
6
— Article
8
— Article
7
— Article
9
— Article
8
— Article
10
— Article
9
—
—
— Annex
I
— Annex
II
— Annex
II
— Annex
III
—
— Article
1 Article
11
—
— Article
2
—
—
— Article
3
—
—
—
— Article
12
—
—
— Annex
V
—
—
— Annex
VI

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