Explanatory Memorandum to COM(2017)425 - EU position with regard to proposals of quality standards for fruit and vegetables to be adopted in the UNECE - Working Party on Agricultural Quality Standards (UNECE-WP.7)

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dossier COM(2017)425 - EU position with regard to proposals of quality standards for fruit and vegetables to be adopted in the UNECE - Working ...
source COM(2017)425 EN
date 14-08-2017


The standard-setting activities of the United Nations Economic Commission for Europe (UNECE) are carried out by the Working Party on Agricultural Quality Standards (WP.7) according the Geneva Understanding on Agricultural Quality Standards 1 .

The WP.7 operates in accordance with its terms of reference 2 and working procedures 3 for the adoption of the UNECE agriculture quality standards. The proposals of UNECE quality standards on fruit and vegetables are prepared by the Specialised Section on Standardisation of Fresh Fruit and Vegetables and by Specialised Section on Standardisation of Dry and Dried Produce, respectively. The proposals are then adopted by consensus by UNECE WP.7 or sent back for discussion in the Specialised Sections. This exercise takes place annually.

All members of the United Nations or of its specialised agencies may participate to the UNECE work on agricultural quality standards; Member States of the European Union participate regularly to this work. The European Union participates as an observer, in the UNECE WP.7 and its Specialised Sections on Standardisation of Fresh Fruit and Vegetables and of Dry and Dried Produce.

At the Union level, according to Articles 75(1) and 76(1) of Regulation (EU) No 1308/2013 4 products of the fruit and vegetables sector which are intended to be sold fresh to the consumer may only be marketed if they conform with the applicable marketing standards, if they are sound, fair and of marketable quality and if the country of origin is indicated.

Pursuant to Article 75(2) of Regulation (EU) No 1308/2013 the Commission is empowered to set out marketing standards in the fruit and vegetables sector by a delegated act. Specific marketing standards are laid down for certain fruit and vegetable products by Commission Implementing Regulation (EU) No 543/2011 5 . These specific marketing standards are based on the UNECE quality standards for these products.

Article 3(1) of the Commission Implementing Regulation (EU) No 543/2011 provides that products not covered by a specific EU marketing standard are considered as conforming to the general marketing standard when they are in conformity with any applicable standards adopted by the UNECE. Recital 6 of Commission Implementing Regulation (EU) No 543/2011 provides that specific marketing standards which are laid down for certain products, should be those as set out in the UNECE standards.

The UNECE standards define minimum quality levels that provide a common language to facilitate fair trade, prevent technical barriers to trade and increase transparency in the markets. They promote sustainable marketing of quality agricultural produce, keep low quality agricultural products out of the market and protect consumer interests. As such, they contribute to the international harmonisation of the fruit and vegetables standard and they will set a framework which will ensure fair competition in the trading of fruit and vegetables.The UNECE standards are developed to comply with the aims of the World Trade Organization (WTO) Agreement on Technical Barriers to Trade 6 .

Before their adoption by UNECE WP.7., the proposals are extensively discussed between scientific and technical experts of the fruit and vegetables sector in the Specialised Sections on Standardisation, in which experts from Member States take part.

Their adoption in UNECE WP.7. should therefore be supported subject to conditions ensuring their compliance with Union law and in particular with Regulation (EU) No 1308/2013 and their alignment with Union interests and objectives in the area of agriculture policy. Moreover, if the Commission has concerns which were not discussed in the Specialised Sections on Standardisation or if new scientific or technical information becomes available, it should be ensured that those concerns are duly discussed before a decision on the proposal is taken in UNECE WP.7. Also, where a sufficient number of Member States oppose the proposal, the Member States participating to the UNECE-WP.7 shall postpone the decision and ensure that the proposal be sent back for discussion in the Specialised Sections on Standardisation or dedicated working groups where such concerns should be resolved first.

1. CONTEXT OF THE PROPOSAL

• Reasons for and objectives of the proposal

The UNECE standards define minimum quality levels that provide a common language to facilitate fair trade, prevent technical barriers to trade and increase transparency in the markets. They promote sustainable marketing of quality agricultural produce, keep low quality agricultural products out of the market and protect consumer interests. As such, they contribute to the international harmonisation of the fruit and vegetables standard and they will set a framework which will ensure fair competition in the trading of fruit and vegetables. The UNECE standards are developed to comply with the aims of the World Trade Organization (WTO) Agreement on Technical Barriers to Trade.

As explained above, UNECE quality standards on fruit and vegetables affect Union law. Union position should therefore be established, in line with Article 218(9) of the Treaty on the Functioning of the European Union. This proposal aims at establishing such Union position, subject to defined conditions and procedures.

The review and adoption of the UNECE quality standards is an ongoing process that ensures that the standards in place are up-to-date and in line with current scientific and technical information. It is therefore necessary to put in place a process through which the Union position will be established for this purpose for an indefinite period of time. The coordination meetings should take place annually before the adoption/review of the quality standards by the UNECE.

• Consistency with existing policy provisions in the policy area

This proposal is consistent with the Union legal framework on marketing standards for fruit and vegetables laid down in Articles 75 and 76 of Regulation (EU) No 1308/2013 and in Commission Implementing Regulation (EU) No 543/2011. It ensures that the Union position for the adoption of the UNECE quality standards referred to in the above provisions is duly established.

 •Consistency with other Union policies

Union position is established in the same way for several international organisations that set standards affecting the Union law, in particular as regards the standards adopted within the International Organisation of Vine and Wine.

2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

• Legal basis

Articles 43 and 218(9) of the TFEU.


• Subsidiarity (for non-exclusive competence)

Not applicable.

• Proportionality

Not applicable.

• Choice of the instrument

No other instrument is available for this initiative.

3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

• Ex-post evaluations/fitness checks of existing legislation

Not applicable.

• Stakeholder consultations

Not applicable

• Collection and use of expertise

Not applicable.

• Impact assessment

Not applicable.

• Regulatory fitness and simplification

Not applicable.

• Fundamental rights

Fundamental rights are not affected by the proposal.

4. BUDGETARY IMPLICATIONS

The proposal has no budgetary implications.

5. OTHER ELEMENTS

• Implementation plans and monitoring, evaluation and reporting arrangements

European Commission will participate in the co-ordination meeting of the competent Council Working Party which will be held as needed, each year ahead of the meeting of UNECE-WP.7.

• Explanatory documents (for directives)

Not applicable.