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( 1 ) OJ N L 55 , 2 . 3 . 1968 , P . 1 .

REGULATION ( EEC ) N 316/68 OF THE COUNCIL

OF 12 MARCH 1968

FIXING QUALITY STANDARDS FOR FRESH CUT FLOWERS AND FRESH ORNAMENTAL FOLIAGE

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;

HAVING REGARD TO COUNCIL REGULATION ( EEC ) N 234/68 ( 1 ) ON THE ESTABLISHMENT OF A COMMON ORGANISATION OF THE MARKET IN LIVE TREES AND OTHER PLANTS , BULBS , ROOTS AND THE LIKE , CUT FLOWERS AND ORNAMENTAL FOLIAGE , AND IN PARTICULAR ARTICLE 3 THEREOF ;

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;

WHEREAS THERE IS SUBSTANTIAL TRADE IN FRESH CUT FLOWERS AND FRESH ORNAMENTAL FOLIAGE BOTH WITHIN THE COMMUNITY AND BETWEEN MEMBER STATES AND THIRD COUNTRIES ; WHEREAS THE IMPROVEMENT AND STANDARDISATION OF THE QUALITIES OF MARKETED PRODUCE ARE DESIRABLE ; WHEREAS , THEREFORE , COMMON QUALITY STANDARDS SHOULD BE ADOPTED ;

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . QUALITY STANDARDS SHALL BE FIXED FOR :

_ FRESH CUT FLOWERS AND FLOWER BUDS OF A KIND SUITABLE FOR BOUQUETS OR FOR ORNAMENTAL PURPOSES , FALLING WITHIN SUBHEADING N 06.03 A OF THE COMMON CUSTOMS TARIFF ,

_ FRESH ORNAMENTAL FOLIAGE , LEAVES , BRANCHES AND OTHER PARTS OF PLANTS FALLING WITHIN SUBHEADING N 06.04 A II OF THE COMMON CUSTOMS TARIFF .

2 . THESE QUALITY STANDARDS ARE DEFINED IN THE ANNEXES .

ARTICLE 2

1 . FROM 1 JULY 1968 , PRODUCE SPECIFIED IN ARTICLE 1 WHICH DOES NOT COMPLY WITH THE QUALITY STANDARDS MAY NOT :

_ WITHIN THE COMMUNITY , BE PUT ON SALE OR SOLD AT THE WHOLESALE STAGE EITHER BY TRADERS OR DIRECTLY BY THE PRODUCERS ,

_ BE IMPORTED FROM A THIRD COUNTRY ,

_ BE EXPORTED TO A THIRD COUNTRY .

2 . MEMBER STATES MAY BE AUTHORISED TO TAKE MEASURES DEROGATING FROM THE PROVISION OF THE THIRD INDENT OF PARAGRAPH 1 IN RESPECT OF CERTAIN REQUIREMENTS OF THE QUALITY STANDARDS IN ORDER TO ALLOW EXPORTERS TO MEET THE TRADE REQUIREMENTS OF CERTAIN THIRD COUNTRIES .

SUCH AUTHORISATION SHALL BE GRANTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 14 OF REGULATION ( EEC ) N 234/68 AND THE CONDITIONS TO WHICH THE AUTORISATION MAY BE SUBJECT SHALL BE FIXED IN ACCORDANCE WITH THE SAME PROCEDURE .

ARTICLE 3

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 12 MARCH 1968 .

FOR THE COUNCIL

THE PRESIDENT

E . FAURE

ANNEX I

COMMON QUALITY STANDARDS FOR CUT FLOWERS

I . DEFINITION OF PRODUCE

THESE STANDARDS SHALL APPLY TO FRESH CUT FLOWERS AND FLOWERS BUDS OF A KIND SUITABLE FOR BOUQUETS OR FOR ORNAMENTAL PURPOSES , FALLING WITHIN SUBHEADING N 06.03 A OF THE COMMON CUSTOMS TARIFF .

II . QUALITY REQUIREMENTS

A . MINIMUM REQUIREMENTS

PRODUCE MUST HAVE BEEN CAREFULLY CUT OR PICKED , ACCORDING TO THE SPECIES , AND HAVE REACHED AN APPROPRIATE STAGE OF GROWTH .

B . CLASSIFICATION

( I ) CLASS I

PRODUCE IN THIS CLASS MUST BE OF GOOD QUALITY . IT MUST HAVE THE CHARACTERISTICS OF THE SPECIES AND , WHERE APPROPRIATE , OF THE VARIETY ( CULTIVAR ) .

ALL PARTS OF THE CUT FLOWERS MUST BE :

_ WHOLE ,

_ FRESH ,

_ FREE OF ANIMAL OR VEGETABLE PARASITES AND FROM DAMAGE CAUSED BY SUCH ,

_ FREE OF RESIDUES OF PESTICIDES AND OTHER EXTRANEOUS MATTER AFFECTING THE APPEARANCE ,

_ UNBRUISED ,

_ FREE OF DEFECTS OF DEVELOPMENT ; FOR CARNATIONS A SPLIT CALYX IS NOT CONSIDERED A DEFECT OF DEVELOPMENT .

HOWEVER , IN RESPECT OF AMERICAN CARNATIONS , FLOWERS WITH A SPLIT CALYX MUST BE RINGED , PUT UP SEPARATELY IN UNIFORM LOTS AND THE PACKAGES MARKED ACCORDINGLY .

THE STEMS MUST , ACCORDING TO SPECIES AND VARIETY ( CULTIVAR ) BE RIGID AND STRONG ENOUGH TO SUPPORT THE FLOWER ( S ) .

( II ) CLASS II

THIS CLASS SHALL INCLUDE ALL PRODUCE WHICH DOES NOT MEET ALL THE REQUIREMENTS OF CLASS I .

ALL PARTS OF THE CUT FLOWERS MUST BE :

_ WHOLE ,

_ FRESH ,

_ FREE OF ANIMAL PARASITES .

THE FLOWERS MAY , HOWEVER , HAVE THE FOLLOWING DEFECTS :

_ SLIGHT MALFORMATION ,

_ SLIGHT BRUISING ,

_ SLIGHT DAMAGE CAUSED , FOR EXAMPLE , BY DISEASE OR BY ANIMAL PARASITES ,

_ WEAKER , LESS RIGID STEMS ,

_ SMALL MARKS CAUSED BY TREATMENT WITH PESTICIDES .

THE PERMITTED DEFECTS MUST NOT IMPAIR THE KEEPING QUALITY , APPEARANCE OR UTILITY OF THE PRODUCTS .

C . EXTRA CLASS

PRODUCE WHICH QUALIFIES FOR CLASS I WITHOUT THE AID OF ANY QUALITY TOLERANCE MAY BE MARKED EXTRA . HOWEVER , THIS CLASSIFICATION MAY NOT BE USED FOR AMERICAN CARNATIONS WITH A SPLIT CALYX .

III . SPECIAL PROVISIONS

THE SPECIAL PROVISIONS FOR CERTAIN TYPES OF FLOWERS SET OUT IN ANNEX I A SHALL OVERRIDE THE PROVISIONS OF THIS ANNEX .

IV . SIZING

FOR CUT FLOWERS , SIZING MUST COMPLY AT LEAST WITH THE FOLLOWING SCALE :

CODE LENGTH

0 LESS THAN 5 CENTIMETRES OR FLOWERS MARKETED WITHOUT STEMS

5 5 _ 10 CENTIMETRES

10 10 _ 15 CENTIMETRES

15 15 _ 20 CENTIMETRES

20 20 _ 30 CENTIMETRES

30 30 _ 40 CENTIMETRES

40 40 _ 50 CENTIMETRES

50 50 _ 60 CENTIMETRES

60 60 _ 80 CENTIMETRES

80 80 _ 100 CENTIMETRES

100 100 _ 120 CENTIMETRES

120 MORE THAN 120 CENTIMETRES

THESE LENGHTS INCLUDE THE FLOWER HEAD .

THE DIFFERENCE PER UNIT OF PRESENTATION ( BUNCH , BOUQUET , BOX AND THE LIKE ) BETWEEN THE MAXIMUM AND MINIMUM LENGTHS OF THE FLOWERS IN THE UNIT MAY NOT EXCEED :

_ 2 * 5 CENTIMETRES FOR FLOWERS IN CODES 15 AND BELOW ,

_ 5 * 0 CENTIMETRES FOR FLOWERS IN CODES 20 ( INCLUSIVE ) TO 50 ( INCLUSIVE ) ,

_ 10 * 0 CENTIMETRES FOR FLOWERS IN CODES 60 AND ABOVE .

THIS DIFFERENCE MAY BE DOUBLED FOR FLOWERS PRESENTED IN FAN SHAPE . FOR CHRYSANTHEMUMS WITH LARGE FLOWERS PRESENTED IN FAN SHAPE THIS DIFFERENCE MAY GO UP TO 20 CENTIMETRES FOR FLOWERS IN CODES 20 TO 50 ( INCLUSIVE ) .

THE SIZE SCALE AND THE UNIFORM LENGTHS SET OUT ABOVE ARE NOT APPLICABLE TO MIMOSA .

THE MINIMUM LENGTH FOR BRANCHES OF MIMOSA SHALL BE FIXED AT 20 CENTIMETRES . HOWEVER , BUNDLES AND BOUQUETS COMPOSED EXCLUSIVELY OF SMALL SPRIGS OF A LENGTH LESS THAN 20 CENTIMETRES MAY BE PERMITTED SUBJECT TO THE WORDS " SHORT STEM " OR AN EQUIVALENT TERM BEING MARKED ON THE PACKAGES .

V . QUALITY TOLERANCES

QUALITY TOLERANCES SHALL BE PERMITTED IN EACH UNIT OF PRESENTATION AS FOLLOWS :

( I ) CLASS I

5 % OF THE CUT FLOWERS MAY HAVE SLIGHT DEFECTS , ON CONDITION THAT THE UNIFORMITY OF THE FLOWERS IN A UNIT OF PRESENTATION IS NOT AFFECTED .

( II ) CLASS II

10 % OF THE CUT FLOWERS MAY VARY FROM THE REQUIREMENTS OF THE CLASS . HALF OF THIS PERCENTAGE MAY HAVE BEEN ATTACKED BY PARASITES OF ANIMAL OR VEGETABLE ORIGIN .

THE DEFECTS IN QUESTION MUST NOT IMPAIR THE UTILITY OF THE PRODUCTS .

VI . PACKAGING AND PRESENTATION

A . PRESENTATION

A UNIT OF PRESENTATION ( BUNCH , BOUQUET , BOX AND THE LIKE ) , MUST CONSIST OF 5 , 10 OR A MULTIPLE OF 10 PIECES . HOWEVER , FLOWERS NORMALLY SOLD SINGLY AND THOSE NORMALLY SOLD BY WEIGHT ARE EXCEPTED FROM THIS RULE .

B . UNIFORMITY

EACH UNIT OF PRESENTATION ( BUNCH , BOUQUET , BOX AND THE LIKE ) , MUST CONTAIN FLOWERS OF THE SAME GENUS , SPECIES OR VARIETY ( CULTIVAR ) AND OF THE SAME QUALITY CLASS , AND MUST HAVE REACHED THE SAME STAGE OF DEVELOPMENT .

MIXTURES OF FLOWERS OR MIXTURES OF FLOWERS WITH FOLIAGE OF DIFFERENT GENUS , SPECIES OR VARIETY ( CULTIVAR ) ARE HOWEVER PERMITTED SO LONG AS PRODUCTS OF THE SAME QUALITY CLASS ARE USED AND THAT THEY ARE APPROPRIATELY MARKED .

C . PACKAGING

PACKAGING MUST PROTECT THE PRODUCE ADEQUATELY . PAPER OR OTHER MATERIALS IN DIRECT CONTACT WITH THE CUT FLOWERS MUST BE NEW .

VII . MARKING

THE FOLLOWING PARTICULARS MUST ACCOMPANY THE GOODS :

A . IDENTIFICATION

DESPATCHER OR ) NAME AND ADDRESS OR CODE MARK

PACKER )

B . NATURE OF PRODUCE

_ GENUS ,

_ SPECIES OR VARIETY ( CULTIVAR ) OR COLOUR OF FLOWERS ,

_ WHERE APPROPRIATE , THE WORD " MIXTURE " ( OR EQUIVALENT TERM ) .

C . ORIGIN OF PRODUCE ( OPTIONAL )

REGION OF ORIGIN , OR NATIONAL , REGIONAL OR LOCAL NAME .

D . COMMERCIAL SPECIFICATIONS

_ CLASS ,

_ SIZE ( LENGTH CODE ) OR MINIMUM AND MAXIMUM LENGTHS ,

_ NUMBER OR NET WEIGHT .

E . OFFICIAL CONTROL MARK ( OPTIONAL )

ANNEX I A

COMMON QUALITY STANDARDS FOR FRESH CUT FLOWERS

SPECIAL PROVISIONS FOR MIMOSA

MIMOSA MUST SATISFY THE QUALITY REQUIREMENT OF CLASS I .

HOWEVER , FOR THIS FLOWER , THE RIGIDITY REQUIREMENT DOES NOT APPLY TO THE UPPER ENDS OF THE FLOWER STEMS .

THE BASE OF THE BRANCHES MUST NOT BE TOO WOODY .

MIMOSA MUST ALSO MEET THE FOLLOWING QUALITY REQUIREMENTS :

_ STEMS WELL FURNISHED WITH FLOWERS ;

_ UNBROKEN OR UNTRIMMED TIPS . HOWEVER STEMS WITH BROKEN TIPS ARE PERMITTED WHERE THE BROKEN SECTION HAS A DIAMETER OF LESS THAN 2 MILLIMETRES .

MIMOSA MAY BE PRESENTED IN BLOOM OR NOT .

FOR MIMOSA IN BLOOM , THE BLOSSOM SHOULD BE NORMAL FOR THE VARIETY AND THE NUMBER OF GREEN FLOWERING HEADS NOT YET IN BLOOM MUST NOT EXCEED :

_ 60 % FOR FLORIBUNDA ,

_ 20 % FOR OTHER SPECIES AND VARIETIES .

THE FLOWERING HEADS MUST BE OF NORMAL COLOUR , UNSPOTTED AND FIRMLY FIXED TO THE INFLORESCENCE .

FOR MIMOSA WHICH IS NOT IN BLOOM , 80 % OF THE FLOWERING HEADS MUST BE YELLOW ( SLIGHTLY OPEN ) .

PRESENTATION

BRANCHES OF MIMOSA MUST BE ARRANGED IN LAYERS OR PRESENTED IN BUNCHES OF :

_ 150 GRAMMES , 250 GRAMMES OR MULTIPLES OF 250 GRAMMES .

MIMOSA NOT IN BLOOM MUST BE PACKED IN SMALL BAGS MADE OF POLYETHYLENE OR A SIMILAR SUBSTANCE .

EACH UNIT OF PRESENTATION , EVEN WHEN OFFERED IN BULK , MUST BE OF UNIFORM COMPOSITION AND ONLY CONTAIN BRANCHES OF THE SAME SPECIES AND VARIETY .

MARKING

IN ADDITION TO INDICATING THE PACKER OR DESPATCHER ON EACH PACKAGE , THE MARKING MUST INCLUDE THE FOLLOWING PARTICULARS :

_ THE GENUS ,

_ THE SPECIES OR VARIETY ( CULTIVAR ) ,

_ THE WORDS " IN BLOOM " OR " NOT IN BLOOM " ,

_ WHERE APPROPRIATE , THE WORDS " SHORT STEMMED " OR EQUIVALENT TERM ,

_ THE TOTAL NET WEIGHT OR THE NUMBER OF BUNCHES AND THE WEIGHT OF EACH .

ANNEX II

COMMON QUALITY STANDARDS FOR FRESH ORNAMENTAL FOLIAGE

I . DESCRIPTION OF PRODUCE

THESE STANDARDS SHALL APPLY TO FRESH ORNAMENTAL FOLIAGE , LEAVES , BRANCHES AND OTHER PARTS OF PLANTS FALLING WITHIN SUBHEADING N 06.04 A II OF THE COMMON CUSTOMS TARIFF .

II . QUALITY REQUIREMENTS

PRODUCE MUST BE :

_ OF FRESH APPEARANCE ,

_ FREE OF RESIDUES OF PESTICIDES AND OTHER EXTRANEOUS MATTER AFFECTING THE APPEARANCE ,

_ FREE OF ANIMAL OR VEGETABLE PARASITES AND DAMAGE CAUSED BY SUCH WHICH IMPAIR THE GENERAL APPEARANCE ,

_ FREE OF DEFECTS , SUCH AS BRUISING OR WITHERING , WHICH IMPAIR THE GENERAL APPEARANCE ,

_ FREE OF EXCESSIVE EXTERNAL MOISTURE ,

_ HAVING THE COLOURING TYPICAL OF THE SPECIES OF VARIETY .

PRODUCE MUST BE CAREFULLY CUT AND HAVE REACHED A SUFFICIENT STAGE OF MATURITY .

III . SPECIAL PROVISIONS

THE SPECIAL PROVISIONS RELATING TO ASPARAGUS FERN SET OUT IN ANNEX II A SUPPLEMENT THE PROVISIONS OF THIS ANNEX .

IV . QUALITY TOLERANCES

QUALITY TOLERANCES SHALL BE PERMITTED IN EACH UNIT OF PRESENTATION AS FOLLOWS : 10 % OF FRESH ORNAMENTAL FOLIAGE MAY VARY FROM THE REQUIREMENTS LISTED UNDER II .

V . MARKING

THE FOLLOWING PARTICULARS MUST ACCOMPANY THE GOODS :

A . IDENTIFICATION

DESPATCHER OR ) NAME AND ADDRESS OR CODE MARK

PACKER )

B . NATURE OF PRODUCE

" FRESH ORNAMENTAL FOLIAGE " , OR GENUS OR SPECIES .

ANNEX II A

COMMON QUALITY STANDARDS FOR FRESH ORNAMENTAL FOLIAGE

SPECIAL PROVISIONS FOR ASPARAGUS FERN

I . DESCRIPTION OF PRODUCE

THESE SPECIAL PROVISIONS APPLY TO THE FOLIAGE OF :

_ ASPARAGUS L . PLUMOSUS BAK . AND

_ ASPARAGUS L . SPRENGERI RGL .

II . QUALITY REQUIREMENTS

( I ) CLASS I

THE FOLIAGE OF ASPARAGUS FERN IN THIS CLASS MUST BE :

_ WELL DEVELOPED , NOT BROKEN AND WITHOUT SIDE GROWTH ,

_ WELL FURNISHED WITH FIRMLY ATTACHED CLADODES ,

_ FREE OF YELLOWING .

( II ) CLASS II

THIS CLASS INCLUDES ALL ASPARAGUS FERN NOT MEETING THE REQUIREMENTS OF CLASS I BUT MEETING THE MINIMUM QUALITY REQUIREMENTS FOR FRESH ORNAMENTAL FOLIAGE .

III . SIZING

LENGTH SHALL BE MEASURED FROM THE TIP TO THE END OF THE STEM .

_ FOR ASPARAGUS L . PLUMOSUS BAK . THE SIZING MUST COMPLY WITH THE FOLLOWING SCALE :

CODE LENGTH

0 LESS THAN 30 CENTIMETRES

30 30 _ 40 CENTIMETRES

40 40 _ 60 CENTIMETRES

60 MORE THAN 60 CENTIMETRES

_ THE SIZING OF SECONDARY SHOOTS MUST COMPLY WITH THE FOLLOWING SCALE :

CODE LENGTH

30 30 _ 50 CENTIMETRES

50 MORE THAN 50 CENTIMETRES

_ FOR ASPARAGUS L . SPRENGERI RGL . , THE SIZING MUST COMPLY WITH THE FOLLOWING SCALE :

CODE LENGTH

0 LESS THAN 30 CENTIMETRES

30 30 _ 50 CENTIMETRES

50 MORE THAN 50 CENTIMETRES

SHOOTS OF ASPARAGUS FERN FORMING A BUNCH MUST BE OF MORE OR LESS UNIFORM LENGTH .

IV . QUALITY TOLERANCES

QUALITY TOLERANCES SHALL BE PERMITTED IN EACH UNIT OF PRESENTATION AS FOLLOWS :

( I ) CLASS I

10 % OF THE STEMS MAY VARY FROM THE REQUIREMENTS OF THIS CLASS BUT THEY MUST COMPLY WITH THOSE OF CLASS II . NO TOLERANCE SHALL BE PERMITTED FOR STEMS WHICH ARE BROKEN OR WHICH HAVE A SIDE GROWTH .

( II ) CLASS II

10 % OF THE STEMS MAY VARY FROM THE REQUIREMENTS OF THIS CLASS . ANY DEFECTS MUST NOT IMPAIR THE UTILITY OF THE PRODUCTS .

V . PACKAGING AND PRESENTATION

A . PRESENTATION

THE FOLIAGE OF ASPARAGUS PLUMOSUS SHALL BE MADE UP INTO BUNCHES OF 10 STEMS OR MULTIPLES OF 10 ; THAT OF ASPARAGUS SPRENGERI INTO BUNCHES OF 100 GRAMMES , 250 GRAMMES OR MULTIPLES OF 250 GRAMMES .

B . UNIFORMITY

BROKEN STEMS AND SECONDARY SHOOTS SHALL BE MADE UP INTO SEPARATE BUNCHES . STEMS IN THE SAME BUNCH MUST BE UNIFORM IN SHAPE AND COLOUR .

C . PACKAGING

PACKAGING MUST PROTECT THE PRODUCE ADEQUATELY . PAPER OR OTHER MATERIALS IN DIRECT CONTACT WITH THE PRODUCE MUST BE NEW .

VI . MARKING

THE FOLLOWING PARTICULARS MUST ACCOMPANY THE GOODS :

A . IDENTIFICATION

DESPATCHER OR ) NAME AND ADDRESS OR CODE MARK

PACKER )

B . NATURE OF PRODUCE

" ASPARAGUS PLUMOSUS " OR " ASPARAGUS SPRENGERI " AS THE CASE MAY BE .

C . ORIGIN OF PRODUCE ( OPTIONAL )

REGION OF ORIGIN OR NATIONAL , REGIONAL OR LOCAL NAME .

D . COMMERCIAL SPECIFICATIONS

_ CLASS ,

_ SIZE ,

_ NUMBER OF BUNCHES OR NET WEIGHT .

E . OFFICIAL CONTROL MARK ( OPTIONAL )