# Council Decision (EU) 2017/2104 of 6 November 2017 on the position to be taken on behalf of the European Union within the United Nations Economic Commission for Europe — Working Party on Agricultural Quality Standards (UNECE-WP.7) concerning proposals on quality standards for fruit and vegetables, Introduction: Introductory text

Extent: E+W+S+N.I.

Council Decision (EU) 2017/2104
of 6 November 2017
on the position to be taken on behalf of the European Union within the United Nations Economic Commission for Europe — Working Party on Agricultural Quality Standards (UNECE-WP.7) concerning proposals on quality standards for fruit and vegetables
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43 in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1)
The United Nations Economic Commission for Europe — Working Party on Agricultural Quality Standards (UNECE-WP.7) examines and adopts proposals establishing new UNECE quality standards for fruit and vegetables or amending the existing standards. Those proposals are prepared by the Specialised Sections on Standardisation of the UNECE. UNECE-WP.7 adopts the proposals by consensus of the participating members.
(2)
The UNECE quality standards for fruit and vegetables contribute to the international harmonisation of such standards and set a framework which ensures fair competition in the trading of fruit and vegetables.
(3)
The Union participates as observer in UNECE-WP.7 and in the Specialised Sections on Standardisation. The Member States are members of the UNECE and participate in UNECE-WP.7 and in the Specialised Sections on Standardisation. Therefore the Member States are entitled to participate in decisions to adopt of the UNECE quality standards for fruit and vegetables.
(4)
Pursuant to Articles 75(1) and 76(1) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council products of the fruit and vegetable sector which are intended to be sold fresh to the consumer may only be marketed if they conform to the applicable marketing standards, if they are sound, fair and of marketable quality, and if the country of origin is indicated.
(5)
Pursuant to Article 75(2) of Regulation (EU) No 1308/2013 the Commission is empowered to lay down marketing standards in the fruit and vegetable sector by means of a delegated act. Specific marketing standards are laid down for certain fruit and vegetable products by Commission Implementing Regulation (EU) No 543/2011. Those specific marketing standards are based on the UNECE quality standards for those products.
(6)
Pursuant to Article 3(1) of Implementing Regulation (EU) No 543/2011 fruit and vegetables which are not covered by a specific marketing standard shall conform to the general marketing standard set out in Part A of Annex I to that Implementing Regulation. Products that conform to any applicable marketing standards adopted by the UNECE are considered as conforming to that general marketing standard.
(7)
Since UNECE quality standards for fruit and vegetables affect Union law, it is necessary to establish the position to be taken on behalf of the Union in the UNECE-WP.7 as regards those quality standards.
(8)
The proposals for quality standards prepared by the Specialised Section on Standardisation of Fresh Fruit and Vegetables and by the Specialised Section on Standardisation of Dry and Dried Produce are extensively discussed among scientific and technical experts of the fruit and vegetables sector. Those proposals should therefore be supported on behalf of the Union by the Member States, provided that they are in the interest of the Union and do not contravene Union law, in particular Regulation (EU) No 1308/2013.
(9)
In view of the evolving and technical nature of the quality standards for fresh fruit and vegetables and the consequent need for the position of the Union to take account of those new developments as well as any other possible Union concerns, procedures should be established in line with the principle of sincere cooperation among the Union institutions enshrined in Article 13(2) of the Treaty on European Union, for the year-to-year specification of the Union position.
(10)
In order to allow for the necessary flexibility during the discussions and in the meeting of the UNECE-WP.7, Member States, in consultation with the Commission, should be authorised to accept changes to the proposals on quality standards for fruit and vegetables, provided that such changes do not alter the substance of those proposals.
(11)
The position established in this Decision should be revised at the latest for the annual meeting of UNECE-WP.7 in 2020.
(12)
The Union having only the status of observer in the UNECE WP.7 and the Specialised Sections on Standardisation, it is for the Member States which participate in the UNECE WP.7 to express the Union position, acting jointly in the interest of the Union,
HAS ADOPTED THIS DECISION:

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Source: https://www.legislation.gov.uk/eudn/2017/2104/introduction (the official version)
Page: https://openlegislation.uk/eu-decision-2017-2104/introduction
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.