Commission Regulation (EC) No 460/2008 of 27 May 2008 amending Regulation (EC) No 85/2004 laying down the marketing standard for apples

of 27 May 2008

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

Preamble

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1182/2007 of 26 September 2007 laying down specific rules as regards the fruit and vegetable sector amending Directives 2001/112/EC and 2001/113/EC and Regulations (EEC) No 827/68, (EC) No 2200/96, (EC) No 2201/96, (EC) No 2826/2000, (EC) No 1782/2003 and (EC) No 318/2006 and repealing Regulation (EC) No 2202/96 ¹ , and in particular Article 42(a) thereof,

Whereas:

(1) Commission Regulation (EC) No 85/2004 ² provides in particular for a reduction in the minimum size from 1 June 2008 in order to be consistent with the United Nations Economic Commission for Europe standard for apples UNECE-FFV-50. However, that standard has been amended and sizing provisions should be updated accordingly.

(2) In order to avoid any conflict with commercial law, any mention of the trade names should be deleted from the list of apple varieties set out in the Appendix to the Annex to Regulation (EC) No 85/2004.

(3) It is also necessary to revise that list of varieties, in order to facilitate inspections. Consequently, the synonym ‘Renetta del Canada’ for the variety ‘Reinette blanche du Canada’ should be added and the apple variety ‘Zarja Alatau’ should be included in the same list.

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

(5) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EC) No 85/2004 is amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union .

Final provisions

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 27 May 2008. For the Commission Mariann FISCHER BOEL Member of the Commission

¹ OJ L 273, 17.10.2007, p. 1 .

² OJ L 13, 20.1.2004, p. 3 . Regulation as last amended by Regulation (EC) No 1238/2005 ( OJ L 200, 30.7.2005, p. 22 ).

The Annex to Regulation (EC) No 85/2004 is amended as follows:

(1) point III is replaced by the following:

‘III. PROVISIONS CONCERNING SIZING

Size is determined either by the maximum diameter of the equatorial section or by weight.

For all varieties and for all classes the minimum size is 60 mm, if measured by diameter or 90 g, if measured by weight. Fruit of smaller sizes may be accepted, if the Brix level of the produce is greater than or equal to 10,5° Brix and the size is not smaller than 50 mm or 70 g.

To ensure there is uniformity of size within the package:

There is no sizing uniformity requirement for Class II fruit packed loose in the package or in consumer packages.’;

(2) in the Appendix, the point 4 is replaced by the following:

4. Non-exhaustive list of apple varieties classified according to their colouring, russeting and size criteria:

Fruits of varieties that are not part of the list must be graded according to their varietal characteristics.

At least 20 % red in Class I and Class II.

However, for the variety Jonagold, at least one-tenth surface of the fruit in Class II must be streaked with red colouring.’

Footnotes

1. . ↩ ↩²

2. . Regulation as last amended by Regulation (EC) No 1238/2005 (). ↩ ↩²