31978R1561

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 the Community shall be : Having regard to the Treaty establishing the European Economic Community, (a) for apples of the James Grieve variety, 70 mm up to and including 27 August 1978 and 65 mm from Having regard to Council Regulation (EEC) No 28 August to 10 September 1978 inclusive ; 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables ('), as last (b) for apples of the Golden Delicious variety, 65 mm up to and including 10 September 1978 ; amended by Regulation (EEC) No 11 54/78 (2), and in 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 ; (d) for apples of the Cox's orange pippin variety, 65 Whereas, under the quality standards for dessert mm up to and including 17 September 1978 ; apples and pears set out in the Annex to Commission 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 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 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 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 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.