31974R1671

No L 175/72 Official Journal of the European Communities 29 . 6 . 74

REGULATION ( EEC) No 1671 /74 OF THE COMMISSION of 28 June 1974 derogating , for the beginning of the 1974/75 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 1974 harvest marketed in the Community shall be : Having regard to the Treaty establishing the European Economic Community ; (a) for apples of the James Grieve variety, 70 mm Having regard to Council Regulation ( EEC) No until 1 September 1974, and 65 mm from 2 to 15 1035/72 (') of 18 May 1972 on the common organiza­ September 1974 inclusive ; tion of the market in fruit and vegetables, as last (b) for apples of the Golden Delicious variety, 70 mm amended by Regulation (EEC) No 2745/72 (2), and in until 22 September 1974 ; particular the last subparagraph of Article 2 (2) thereof ; (c) for apples of the Gravenstein variety, 70 mm until Whereas, under the quality standards for dessert 1 September 1974 inclusive ; apples and pears set out in the Annex to Commission (d) for apples of the Cox's Orange Pippin variety, 65 Regulation ( EEC) -No 1641 /71 (*) of 27 July 1971 , mm until 22 September 1974 inclusive ; amended by Regulation ( EEC) No 1 833/73 (4), the fruit must be sufficiently ripe to arrive in a satisfactory (e) for pears of the Dr Jules Guyot variety, 60 mm condition at the place of destination ; whereas one of until 15 August 1974 inclusive ; the criteria for judging the ripeness of dessert apples (f) for pears of the Alexandrine Douillard variety, 60 and pears of certain varieties at the beginning of the mm until 15 September 1974 inclusive . marketing year is that they must be sufficiently large ; whereas , since the minimum size laid down in the However, Member States may, in the light of condi­ quality standard is not large enough to meet that tions peculiar to their home production , decide not to requirement, it should be fixed at a higher level for a apply this derogation in respect of dessert apples and certain period ; pears harvested in their territory and rnarketed in the Whereas the need for this derogation from the Community, or bring forward the date on which the rtfinimum size laid down in the quality standards may derogation shall cease to apply. They shall without not arise everywhere in the Community ; whereas the delay inform the other Member States and the Member States should therefore be empowered not to Commission thereof . apply the derogation or to re-apply the standards earlier than the dates fixed in the Regulation ; 2. The standards , shall remain applicable in trade in Whereas the Management Committee for Fruit and dessert apples and pears with third countries. Vegetables has not delivered an opinion within the time limit set by its Chairman ,

HAS ADOPTED THIS REGULATION : Artidc 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, 28 June 1974.

For the Commission

The President

Francois-Xavier ORTOLI

(') OJ No L 1 18 , 20 . 5 . 1972, p. 1 . (2) OJ No L 291 , 28 . 12. 1972, p . 147. (') OJ No L 172, 31 . 7. 1971 , p. 1 . (4) OJ No L 185, 7 . 7. 1973 , p. 17.