EN Official Journal of the European Union L 200/22

COMMISSION REGULATION (EC) No 1238/2005

of 28 July 2005

amending Regulation (EC) No 85/2004 laying down the marketing standard for apples

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), and in particular Article 2(2) thereof,

Whereas:

(1) Commission Regulation (EC) No 85/2004 (2) provides, inter alia, for a reduction in the minimum size from 1 August 2005 identical to the size laid down in United Nations Economic Commission for Europe (UN/ECE) standard FFV-50.

(2) The inclusion of a ripeness criterion based on sugar content in UN/ECE standard FFV-50 has been proposed in the UN/ECE working party on agricultural quality standards.

(3) As the minimum size is also a ripeness criterion, the possibility of incorporating these two ripeness criteria to the greatest extent possible into the marketing standard for apples should be studied.

(4) Since this study must be conducted over at least three marketing years, application of the size reduction should be postponed to 1 June 2008 and the transitional provisions on sizing extended to 31 May 2008.

(5) Steps should be taken however to protect the legitimate expectations of operators who have concluded contracts on the basis of the presumption of the application from 1 August 2005 of new standards providing for a reduction in size.

(6) For the sake of clarity, it should be laid down that when a trade name is used to sell a product, the name of the variety or its synonym should also be mentioned.

(7) A number of errors have arisen in the list of varieties in the Annex to the marketing standard.

(8) Regulation (EC) No 85/2004 should therefore be amended accordingly.

(9) 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

Regulation (EC) No 85/2004 is hereby amended as follows:

1. In the first sentence of Article 2, ‘31 July 2005’ is replaced by ‘31 May 2008’.

2. In the second paragraph of Article 4, ‘1 August 2005’ is replaced by ‘1 June 2008’.

3. The Annex is amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 1 August 2005.

However, operators who, to the satisfaction of the Member States’ authorities, concluded before 1 August 2005 contracts on the basis of the second and third paragraphs of point III of the Annex to Regulation (EC) No 85/2004, may market the apples covered by those contracts in accordance with the provisions of those paragraphs.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 28 July 2005. For the Commission Mariann FISCHER BOEL Member of the Commission

(1) OJ L 297, 21.11.1996, p. 1. Regulation as last amended by Commission Regulation (EC) No 47/2003 (OJ L 7, 11.1.2003, p. 64).

(2) OJ L 13, 20.1.2004, p. 3. Regulation as amended by Regulation (EC) No 907/2004 (OJ L 163, 30.4.2004, p. 50).