CELEX: 31978R1561
Language: en
Date: 1978-07-05 00:00:00
Title: Commission Regulation (EEC) No 1561/78 of 5 July 1978 derogating in respect of the opening weeks of the 1978/79 marketing year from the quality standards applicable to certain varieties of dessert apples and pears

6. 7. 78                                   Official Journal of the European Communities                         No L 184/ 21
                                     COMMISSION REGULATION ( EEC) No 1561 /78
                                                            of 5 July 1978
              derogating in respect of the opening weeks of the 1978 /79 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 1978 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 27 August 1978 and 65 mm from
 1035/72 of 18 May 1972 on the common organization                        28 August to 10 September 1978 inclusive ;
of the market in fruit and vegetables ('), as last                    (b) for apples of the Golden Delicious variety, 65 mm
amended by Regulation (EEC) No 11 54/78 (2), and in                       up to and including 10 September 1978 ;
particular the second subparagraph of Article 2 (2)                   (c) for apples of the Gravensteiner variety, 70 mm up
thereof,                                                                  to and including 27 August 1978 ;
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 17 September 1978 ;
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 3 September 1978 ;
fruit must be sufficiently ripe to arrive in a satisfactory           (f) for pears of the Dr Jules Guyot and Early Moret­
condition at the place of destination ; whereas one of                    tini Butter-pear varieties, 60 mm up to and
the criteria for judging the ripeness of certain varieties                including 13 August 1978 ;
of dessert apples and pears at the beginning of the                   (g) for pears of the Alexandrine Douillard variety, 60
marketing year is that they must be sufficiently large ;                  mm up to and including 17 September 1978 ;
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 1 October 1978 ;
that requirement, it should be fixed for a certain
period at a higher level ;                                            However, Member States may decide, in the light of
                                                                      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 teritory 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
are in accordance with the opinion of the Manage­                     2. The derogation provided for in paragraph 1 shall
ment Committee for Fruit and Vegetables,                              not apply in respect of trade in dessert apples and
                                                                      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 all Member
              States .
              Done at Brussels, 5 July 1978 .
                                                                                For the Commission
                                                                                 Finn GUNDELACH
                                                                                    Vice-President
(<)  OJ  No L 118 , 20 . 5 . 1972, p. 1 .
(2 ) OJ  No L 144,  31 . 5 . 1978 , p. 5 .
(3)  OJ  No L 172,  31 . 7 . 1971 , p. 1 .
(4)  OJ  No L 185,  7 . 7 . 1973 , p. 17.