CELEX: 31977R1494
Language: en
Date: 1977-07-04 00:00:00
Title: Commission Regulation (EEC) No 1494/77 of 4 July 1977 derogating in respect of the opening weeks of the 1977/78 marketing year, from the quality standards applicable to certain varieties of dessert apples and pears

No L 167/6                               Official Journal of the European Communities                              5 . 7 . 77
                                      COMMISSION REGULATION (EEC) No 1494/77
                                                           of 4 July 1977
                derogating in respect of the opening weeks of the 1977/78 marketing year, from
                  the quality standards applicable to certain varieties of dessert apples and pears
 THE COMMISSION OF THE EUROPEAN                                      subject to paragraph 2 below, the minimum size
 COMMUNITIES,                                                        required of fruit of the 1977 harvest marketed within
 Having regard to the Treaty establishing the European               the Community shall be :
 Economic Community,                                                 (a) for apples of the James Grieve variety, 70 mm up
 Having regard to Council Regulation (EEC) No                             to and including 28 August 1977 and 65 mm from
  1035/72 of 18 May 1972 on the common organization                       29 August to 1 1 September 1 977 inclusive ;
 of the market in fruit and vegetables ( J), as last                 (b) for apples of the Golden Delicious variety, 65 mm
 amended by Regulation (EEC) No 1034/77 (2), and in                       up to and including 1 1 September 1 977 ;
 particular the second subparagraph of Article 2 (2)                 (c) for apples of the Gravensteiner variety, 70 mm up
 thereof,                                                                 to and including 28 August 1 977 ;
 Whereas, under the quality standards for dessert                    (d) for apples of the Cox's orange pippin variety, 65
 apples and pears set out in the Annex to Commission                      mm up to and including 18 September 1977 ;
 Regulation (EEC) No 1641 /71 of 27 July 1971 (3), as                (e) for apples of the Worcester pearmain variety, 60
 amended by Regulation (EEC) No 1 833/73 (4), the                         mm up to and including 4 September 1977 ;
 fruit must be sufficiently ripe to arrive in a satisfactory         (f) for pears of the Dr Jules Guyot variety, 60 mm up
 condition at the place of destination ; whereas one of                   to and including 28 August 1977 ;
 the criteria for judging the ripeness of certain varieties          (g) for pears of the Alexandrine Douillard variety, 60
 of dessert apples and pears at the beginning of the                      mm up to and including 18 September 1977 ;
 marketing year is that they must be sufficiently large ;
 whereas, since the minimum size laid down in the                    (h) for pears of the Beurre Hardy variety, 60 mm up
 relevant quality standard is not large enough to meet                    to and including 2 October 1977.
 that requirement, it should be fixed for a certain                  However, Member States may decide, in the light of
 period at a higher level ;                                          conditions peculiar to their home production, not to
 Whereas the need for this derogation from the                       apply this derogation in respect of dessert apples and
 minimum size laid down in the quality standards may                 pears harvested in their territory and marketed within
 not arise everywhere in the Community ; whereas the                 the Community, or to bring forward the date on
 Member States should therefore be empowered not to                  which the derogation shall cease to apply. They shall
 apply the derogation or to re-apply the standard                    without delay inform the other Member States and the
 earlier than the dates fixed in the Regulation ;                    Commission of such decision .
 Whereas the measures provided for in this Regulation                2. The derogation provided for in paragraph 1 shall
 are in accordance with the opinion of the Manage­                   not apply in respect of trade in dessert apples and
 ment Committee for Fruit and Vegetables,                            pears with third countries.
 HAS ADOPTED THIS REGULATION :
                                                                                             Article 2
                              Article 1
                                                                     This Regulation shall enter into force on the day
 1 . By way of derogation from Title III of the                      following its publication in the Official Journal of
 quality standards for dessert apples and pears and                  the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in air Member
               States .
               Done at Brussels, 4 July 1977.
                                                                               For the Commission
                                                                                Finn GUNDELACH
                                                                                   Vice-President
(1)  OJ No  L  118 , 20 . 5 . 1972, p. 1 .
(2 ) OJ No  L  125,  19 . 5 . 1977, p. 1 .
(3)  OJ No  L  172,  31 . 7. 1971 , p. 1 .
(<)  OJ No  L  185,  7. 7. 1973, p. 17.