Commission Regulation (EC) No 1619/2001
of 6 August 2001
laying down the marketing standard for apples and pears and amending Regulation (EEC) No 920/89
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables(1), as last amended by Commission Regulation (EC) No 911/2001(2), and in particular Article 2(2),
Whereas:
(1) Apples and pears are among the products listed in Annex I to Regulation (EC) No 2200/96 for which standards must be adopted. Commission Regulation (EEC) No 920/89 of 10 April 1989 laying down quality standards for carrots, citrus fruit and dessert apples and pears and amending Commission Regulation No 58(3), as last amended by Regulation (EC) No 730/1999(4), has been amended and can no longer ensure legal clarity.
(2) In the interest of clarity, the rules on apples and pears should be separated from those on other products under Regulation (EEC) No 920/89. The rules in question should therefore be recast and Annex III to Regulation (EEC) No 920/89 should be repealed. To that end, and in the interest of preserving transparency on the world market, account should be taken of the standard for apples and pears recommended by the Working Party on Standardisation of Perishable Produce and Quality Development of the United Nations Economic Commission for Europe (UN/ECE).
(3) Application of these standards should remove products of unsatisfactory quality from the market, bring production into line with consumer requirements and facilitate trade based on fair competition, thereby helping to improve profitability.
(4) The standards are applicable at all marketing stages. Long-distance transport, storage over a certain period and the various processes the products undergo may cause some degree of deterioration owing to the biological development of the products or their perishable nature. Account should be taken of such deterioration when applying the standard at the marketing stages following dispatch. As products in the "Extra" class have to be particularly carefully sorted and packaged, only lack of freshness and turgidity is to be taken into account in their case.
(5) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fresh Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
The marketing standard for the following products shall be as set out in the Annex:
- apples, falling within CN code ex 0808 10,
- pears, falling within CN code ex 0808 20.
The standard shall apply at all marketing stages under the conditions laid down in Regulation (EC) No 2200/96.
However, at stages following dispatch, products may show in relation to the requirements of the standard:
- a slight lack of freshness and turgidity,
- for products graded in classes other than the "Extra" class, slight deteriorations due to their development and their tendency to perish.
Article 2
Regulation (EEC) No 920/89 is amended as follows:
1. In Article 1(1), the third indent is deleted.
2. Annex III is deleted.
Article 3
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.
It shall apply from the first day of the second month following its entry into force.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 August 2001.