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

• — cherry and cocktail tomatoes below 40 mm in diameter;

• — ribbed tomatoes of irregular shape; and

• — Class II.

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

• (a) For tomatoes sized by diameter:
• — 10 mm, if the diameter of the smallest fruit (as indicated on the package) is under 50 mm,
• — 15 mm, if the diameter of the smallest fruit (as indicated on the package) is 50 mm and over but under 70 mm,
• — 20 mm, if the diameter of the smallest fruit (as indicated on the package) is 70 mm and over but under 100 mm,
• — there is no limitation of difference in diameter for fruit equal or over 100 mm. In case size codes are applied, the codes and ranges in the following table have to be respected: Size code Diameter (mm) 0 ≤ 20 1 > 20 ≤ 25 2 > 25 ≤ 30 3 > 30 ≤ 35 4 > 35 ≤ 40 5 > 40 ≤ 47 6 > 47 ≤ 57 7 > 57 ≤ 67 8 > 67 ≤ 82 9 > 82 ≤ 102 10 > 102

• (b) For tomatoes sized by weight or by count, the difference in size should be consistent with the difference indicated in 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 tomatoes 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 tomatoes 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 neither satisfying the requirements of Class II quality nor the minimum requirements, or of produce affected by decay.

In the case of trusses of tomatoes, 5 %, by number or weight, of tomatoes detached from the stalk is allowed.

(iii) Class II

A total tolerance of 10 %, by number or weight, of tomatoes 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.

In the case of trusses of tomatoes, 10 %, by number or weight, of tomatoes detached from the stalk is allowed.

B. Size tolerances

For all classes: a total tolerance of 10 %, by number or weight, of tomatoes 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 tomatoes of the same origin, variety or commercial type, quality and size (if sized).

The ripeness and colouring of tomatoes in ‘Extra’ Class and Class I must be practically uniform. In addition, the length of ‘oblong’ tomatoes must be sufficiently uniform.

However, a mixture of tomatoes of distinctly different colours, varieties and/or commercial types may be packed together in a package, provided they are uniform in quality and, for each colour, variety and/or commercial type 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.

B. Packaging

Tomatoes 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 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 fruitshould not lead to flesh or skin defects.

Packages must be free of all foreign matter.

VI.   PROVISIONS CONCERNING MARKING

Each package ([^E0050]) 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

• — ‘Tomatoes’ or ‘trusses of tomatoes’ and the commercial type, or ‘cherry/cocktail tomatoes’ or ‘trusses of cherry/cocktail tomatoes’) or equivalent denomination for other miniature varieties if the contents are not visible from the outside.

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

• — Name of the variety (optional).

C. Origin of produce

Country of origin ([^E0051]) and, optionally, district where grown, or national, regional or local place name.

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

D. Commercial specifications

• — Class.

• — Size (if sized) expressed as: — minimum and maximum diameters; or — minimum and maximum weights; or — size code as specified in Section III; or — count followed by the minimum and maximum sizes.

E. Official control mark (optional)

Packages need not to bear the particulars mentioned in the first subparagraph of point IV, 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 11

Marketing standard for bananas

I. DEFINITION OF PRODUCT

This standard applies to bananas of the varieties (cultivars) of Musa spp., as well as hybrids thereof, intended to be supplied fresh to the consumer, after preparation and packaging, at the stages defined in Article 4(2). Bananas intended for cooking only (plantains) or for industrial processing are excluded. Varieties covered by this standard are included in the Appendix.

II.   PROVISIONS CONCERNING QUALITY

This standard defines the quality requirements to be met by bananas as defined in section I.

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 of any visible foreign matter,

• — fresh in appearance,

• — 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 damage caused by pests affecting the flesh,

• — free of 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:

• — to withstand transportation and handling, and

• — arrive in satisfactory condition at the place of destination in order to attain an appropriate degree of maturity after ripening.

B. Classification

Bananas are classified in three classes, defined as follows:

(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 cm² 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 cm² 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 in point A.

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 cm² of the surface of the finger.

Under no circumstances may the defects affect the flesh of the fruit.

III.   PROVISIONS CONCERNING SIZING

For the purposes of sizing bananas of the Gros Michel and Cavendish sub-groups:

• — the length of the fingers is determined along the outside curve from the blossom end to the base of the pedicel where the edible pulp ends and the diameter is defined as the thickness of a transverse section between the lateral faces;

• — 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 of the Gros Michel and Cavendish sub-groups produced in Madeira, the Azores, the Algarve, Canary Islands, Crete, Lakonia and Cyprus which are less than 14 cm in length may be marketed in the Union.

Provisions concerning sizing do not apply to fig bananas.

IV.   PROVISIONS CONCERNING 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 of the Gros Michel and Cavendish sub-groups not satisfying the sizing characteristics, up to a limit of 1 cm for the minimum length of 14 cm except for bananas produced in Madeira, the Azores, the Algarve, Canary Islands, Crete, Lakonia and Cyprus.

V. PROVISIONS CONCERNING 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 of all foreign matter.

C. Presentation

The bananas may be presented in hands or clusters (parts of hands) or as single fingers.

Stalk is not torn but cleanly cut.

In the producing regions, bananas may be marketed by the stem.

VI.   PROVISIONS CONCERNING 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

Name and address or officially issued or recognised conventional mark of the packer and/or dispatcher.

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 produce

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)

Appendix

List of the main groups, sub-groups and cultivars of dessert bananas marketed in the Union

Groups	Subgroups	Main cultivar (non-exhaustive list)
AA	Sweet-fig	Sweet-fig, Pisang Mas, Amas Date, Bocadillo
AB	Ney-Poovan	Ney Poovan, Safet Velchi
AAA	Cavendish	Dwarf Cavendish
AAA	Cavendish	Giant Cavendish
AAA	Cavendish	Lacatan
AAA	Cavendish	Poyo (Robusta)
AAA	Cavendish	Williams
AAA	Cavendish	Americani
AAA	Cavendish	Valery
AAA	Cavendish	Arvis
AAA	Gros Michel	Gros Michel (‘Big Mike’)
AAA	Gros Michel	Highgate
AAA	Hybrids	Flhorban 920
AAA	Pink Fig	Figue Rose
AAA	Pink Fig	Figue Rose Verte
AAA	Ibota
AAB	Fig apple	Fig apple, Silk
AAB	Pome (Prata)	Pacovan
AAB	Pome (Prata)	Prata Ana
AAB	Mysore	Mysore, Pisang Ceylan, Gorolo

ANNEX II

CORRELATION TABLE REFERRED TO IN ARTICLE 10

Regulation (EU) No 543/2011	Regulation (EU) No 1333/2011	This Regulation	Implementing Regulation (EU) 2023/2430
Article 1	—	Article 1	Article 1
Article 2	—	—	—
Article 3(1) and (3)	—	Article 2	—
Article 3(2)		Article 4
Article 4	—	Article 5	—
Article 5	—	Article 6	—
Article 6	—	Article 7	—
Article 7	—	Article 8	—
Article 8	—	—	—
Article 9	—	—	Article 2
Article 10	—	—	Article 3
Article 11	—		Article 5
Article 12	—		Article 4
Article 13	—	—	Article 6
Article 14	—	—	Article 7
Article 15	—	Article 9	Article 8
Article 16	—	—	Article 9
Article 17	—	—	Article 10
Article 18	—	—	Article 11
Articles 19 to 151	—	—	—
—	Article 1	Article 4(1)	—
—	Article 2	Article 4(2)	—
—	Article 3	—	—
—	Article 4	—	—
—	Article 5	—	—
—	Article 6	—	Article 10
—	Article 7	—	—
—	Article 8	—	Article 5
—	Article 9	—	Article 4
—	Article 10	—	—
—	Article 11	—	—
—	Article 12	—	—
—	Article 13	—	—
Annex I	—	Annex I, Part A and B, Parts 1 to 10
Annex II	—	—	Annex I
Annex III	—	—	Annex III
Annex IV		—	Annex IV
Annex V		—	Annex V
Annex Va to Annex XX	—	—	—
—	Annex I	Annex I, Part B, Part 11	—
—	Annex II	—	Annex III
—	Annex III	—	Annex II
—	Annex IV	Appendix to Annex I, Part B, Part 11
—	Annex V	—	—
—	Annex VI	—	—

[^E0001]: 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).

[^E0002]: 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).

[^E0003]: Commission notice C(88) 1696 concerning ‘force majeure in European agricultural law’ (OJ C 259, 6.10.1988, p. 10).

[^E0004]: 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).

[^E0005]: 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).

[^E0006]: 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).

[^E0007]: 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).

[^E0008]: 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).

[^E0009]: These marking provisions do not apply to sales packages presented in packages. However, they do apply to sales packages presented separately.

[^E0010]: The full or commonly used name shall be indicated.

[^E0011]: A non-exhaustive list of varieties providing a classification on colouring and russeting is set out in the appendix to this standard.

[^E0012]: Varieties marked with ‘R’ in the appendix to this standard are exempt from the provisions on russeting.

[^E0013]: A non-exhaustive list of varieties providing a classification on colouring and russeting is set out in the appendix to this standard.

[^E0014]: Varieties marked with ‘R’ in the appendix to this standard are exempt from the provisions on russeting.

[^E0015]: Varieties marked with ‘R’ in the appendix to this standard are exempt from the provisions on russeting.

[^E0016]: Calculated as described in the OECD guidance on objective tests, available at: https://www.oecd.org/agriculture/fruit-vegetables/publications/guidelines-on-objective-tests.pdf

[^E0017]: Calculated as described in the OECD guidance on objective tests, available at: https://www.oecd.org/agriculture/fruit-vegetables/publications/guidelines-on-objective-tests.pdf

[^E0018]: These marking provisions do not apply to sales packages presented in packages. However, they do apply to sales packages presented separately.

[^E0019]: A trade name can be a trade mark for which protection has been sought or obtained or any other commercial denomination.

[^E0020]: The full or commonly used name shall be indicated.

[^E0021]: Calculated as described in the OECD guidance on objective tests, available at: http://www.oecd.org/agriculture/fruit-vegetables/publications/guidelines-on-objective-tests.pdf

[^E0024]: The use of preserving agents or any other chemical substance liable to leave a foreign smell on the skin of the fruit is permitted where it is compatible with the applicable Union provisions.

[^E0025]: The use of preserving agents or any other chemical substance liable to leave a foreign smell on the skin of the fruit is permitted where it is compatible with the applicable Union provisions.

[^E0026]: These marking provisions do not apply to sales packages presented in packages. However, they do apply to sales packages presented separately.

[^E0027]: A trade name can be a trademark for which protection has been sought or obtained or any other commercial denomination.

[^E0028]: The full or commonly used name shall be indicated.

[^E0029]: Calculated as described in the OECD guidance on objective tests, available at: https://www.oecd.org/agriculture/fruit-vegetables/publications/guidelines-on-objective-tests.pdf

[^E0030]: These marking provisions do not apply to sales packages presented in packages. However, they do apply to sales packages presented separately.

[^E0031]: The full or the commonly used name shall be indicated.

[^E0032]: These marking provisions do not apply to sales packages presented in packages. However, they do apply to sales packages presented separately.

[^E0033]: The full or the commonly used name shall be indicated.

[^E0034]: Calculated as described in the OECD guidance on objective tests, available at: https://www.oecd.org/agriculture/fruit-vegetables/publications/guidelines-on-objective-tests.pdf

[^E0035]: These marking provisions do not apply to sales packages presented in packages. However, they do apply to sales packages presented separately.

[^E0036]: The full or the commonly used name shall be indicated.

[^E0037]: A non-exhaustive list of large fruited and summer pear varieties is included in the appendix to this standard.

[^E0038]: A non-exhaustive list of large fruited and summer pear varieties is included in the appendix to this standard.

[^E0039]: These marking provisions do not apply to sales packages presented in packages. However, they do apply to sales packages presented separately.

[^E0040]: A trade name can be a trade mark for which protection has been sought or obtained or any other commercial denomination.

[^E0041]: The full or the commonly used name shall be indicated.

[^E0042]: These marking provisions do not apply to sales packages presented in packages. However, they do apply to sales packages presented separately.

[^E0043]: The full or the commonly used name shall be indicated.

[^E0044]: Some sweet pepper varieties may have hot taste. Examples of commercial varieties of sweet peppers having a slightly hot taste are Sivri, Padron, and Somborka.

[^E0045]: These marking provisions do not apply to sales packages presented in packages. However, they do apply to sales packages presented separately.

[^E0046]: The full or the commonly used name shall be indicated.

[^E0047]: Calculated as described in the OECD guidance on objective tests, available at: http://www.oecd.org/agriculture/fruit-vegetables/publications/guidelines-on-objective-tests.pdf

[^E0048]: These marking provisions do not apply to sales packages presented in packages. However, they do apply to sales packages presented separately.

[^E0049]: The full or the commonly used name shall be indicated.

[^E0050]: These marking provisions do not apply to sales packages presented in packages. However, they do apply to sales packages presented separately.

[^E0051]: The full or the commonly used name shall be indicated.