# COMMISSION REGULATION (EC) No 1132/2004

of 18 June 2004

amending Regulation (EEC) No 1764/86 and Regulation (EC) No 1535/2003, as regards the traditional product *kunserva*

## Preamble

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organisation of the markets in processed fruit and vegetable products [^1] , and in particular Article 6(1) thereof,

Whereas:

**(1)** Commission Regulation (EEC) No 1764/86 of 27 May 1986 laying down minimum quality requirements for products processed from tomatoes under the production aid scheme [^2] , lays down the definition of tomato concentrate eligible for production aid.

**(2)** Commission Regulation (EC) No 1535/2003 of 29 August 2003 laying down detailed rules for applying Council Regulation (EC) No 2201/96 as regards the aid scheme for products processed from fruit and vegetables [^3] , lists the products eligible for production aid.

**(3)** *Kunserva* is a traditional, well-defined Maltese product, and tomatoes used in the production of *kunserva* should be eligible to production aid from the date of accession of Malta to the European Union.

**(4)** Regulations (EEC) No 1764/86 and (EC) No 1535/2003 should therefore be amended accordingly.

**(5)** The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Processed Fruit and Vegetables,

HAS ADOPTED THIS REGULATION:

## **Article 1**

Regulation (EEC) No 1764/86 is amended as follows:

**1.** Article 8 is replaced by the following: ‘Article 8 For the purposes of this title “tomato juice” and “tomato concentrate” mean the products defined in points 11, 12 and 18 of Article 2 of Commission Regulation (EC) No 1535/2003 [OJ L 218, 30.8.2003, p. 14](http://publications.europa.eu/resource/oj/JOL_2003_218_R_TOC) .’ " .

| 2. | Article 9 is replaced by the following:<br>‘Article 9<br>1. Only the following ingredients may be added to tomato juice and tomato concentrate:<br>(a)<br>common salt (sodium chloride);<br>(b)<br>natural spices, aromatic herbs and their extracts, and natural aromas.<br>Furthermore, in the case of *kunserva* , sugar shall be added, representing between 8 % and 25 % by weight of the finished product.<br>2. As an additive in the manufacture of tomato juice and tomato concentrate citric acid (E 330) may be used.<br>In the manufacture of tomato juice with a dry weight content of less than 7 %, ascorbic acid (E 300) may be used. However, the ascorbic acid content shall not exceed 0,03 % by weight of the finished product.<br>In the manufacture of tomato concentrate in powder form, silicon dioxide (551) may be used. However, the silicon dioxide content shall not exceed 1 % by weight of the finished product.<br>3. The quantity of added common salt shall:<br>(a)<br>not exceed 15 % by weight of the dry weight content for tomato concentrate having a dry weight content exceeding 20 %;<br>(b)<br>not exceed 3 % by weight of the net weight for other tomato concentrates and for tomato juice;<br>(c)<br>be between 2 % and 5 % by weight for *kunserva* .<br>When determining the quantity of added common salt, the natural content of chlorides shall be considered as equal to 2 % of the dry weight content.’ | (a) | common salt (sodium chloride); | (b) | natural spices, aromatic herbs and their extracts, and natural aromas. | (a) | not exceed 15 % by weight of the dry weight content for tomato concentrate having a dry weight content exceeding 20 %; | (b) | not exceed 3 % by weight of the net weight for other tomato concentrates and for tomato juice; | (c) | be between 2 % and 5 % by weight for *kunserva* . |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| (a) | common salt (sodium chloride); |  |  |  |  |  |  |  |  |  |  |
| (b) | natural spices, aromatic herbs and their extracts, and natural aromas. |  |  |  |  |  |  |  |  |  |  |
| (a) | not exceed 15 % by weight of the dry weight content for tomato concentrate having a dry weight content exceeding 20 %; |  |  |  |  |  |  |  |  |  |  |
| (b) | not exceed 3 % by weight of the net weight for other tomato concentrates and for tomato juice; |  |  |  |  |  |  |  |  |  |  |
| (c) | be between 2 % and 5 % by weight for *kunserva* . |  |  |  |  |  |  |  |  |  |  |

## **Article 2**

In Article 2 of Regulation (EC) No 1535/2003, the following point 18 is added:

‘18. *kunserva* : the product obtained by concentrating tomato juice, obtained directly from fresh tomatoes, containing added sugar and salt, having a dry matter content of 28 % to 36 %, packed in hermetically sealed containers labelled “kunserva” and falling within CN code ex 2002 90 .’

## **Article 3**

This Regulation shall enter into force on the day following that of its publication in the *Official Journal of the European Union* .

It shall apply from the date of the entry into force of the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia.

## Final provisions

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 18 June 2004. *For the Commission* Franz FISCHLER *Member of the Commission*

[^1] [OJ L 297, 21.11.1996, p. 29](http://publications.europa.eu/resource/oj/JOL_1996_297_R_TOC) . Regulation as last amended by Commission Regulation (EC) No 386/2004 ( [OJ L 64, 2.3.2004, p. 25](http://publications.europa.eu/resource/oj/JOL_2004_064_R_TOC) ).

[^2] [OJ L 153, 7.6.1986, p. 1](http://publications.europa.eu/resource/oj/JOL_1986_153_R_TOC) . Regulation as last amended by Regulation (EC) No 996/2001 ( [OJ L 139, 23.5.2001. p. 9](http://publications.europa.eu/resource/oj/JOL_2001_139_R_TOC) ).

[^3] [OJ L 218, 30.8.2003. p. 14](http://publications.europa.eu/resource/oj/JOL_2003_218_R_TOC) . Regulation as last amended by Regulation (EC) No 444/2004 ( [OJ L 72, 11.3.2004, p. 54](http://publications.europa.eu/resource/oj/JOL_2004_072_R_TOC) ).

[^1]: . Regulation as last amended by Commission Regulation (EC) No 386/2004 ().
[^2]: . Regulation as last amended by Regulation (EC) No 996/2001 ().
[^3]: . Regulation as last amended by Regulation (EC) No 444/2004 ().