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( 1 ) OJ NO L 118 , 20 . 5 . 1972 , P . 1 .

( 2 ) OJ NO L 125 , 19 . 5 . 1977 , P . 1 .

( 3 ) OJ NO L 9 , 11 . 1 . 1974 , P . 35 .

COUNCIL REGULATION ( EEC ) NO 2764/77

OF 5 DECEMBER 1977

EXTENDING THE PERIOD FOR WHICH CLASS III MAY BE APPLIED IN RESPECT OF CERTAIN FRUIT AND VEGETABLES

THE COUNCIL OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1035/72 OF 18 MAY 1972 ON THE COMMON ORGANIZATION OF THE MARKET IN FRUIT AND VEGETABLES ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1034/77 ( 2 ), AND IN PARTICULAR THE FIRST SUBPARAGRAPH OF ARTICLE 4 ( 2 ) THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

WHEREAS REGULATION ( EEC ) NO 1035/72 PROVIDES THAT , UNLESS AN EXTENSION IS DECIDED UPON IN ACCORDANCE WITH THE VOTING PROCEDURE LAID DOWN IN ARTICLE 43 ( 2 ) OF THE TREATY , CLASS III MAY NOT BE APPLIED BEYOND THE FIFTH YEAR FOLLOWING THE DATE OF ENTRY INTO FORCE OF THE REGULATION WHICH DEFINES IT ; WHEREAS , HOWEVER , IN RESPECT OF CAULIFLOWERS , TOMATOES , APPLES AND PEARS , PEACHES , CITRUS FRUIT , TABLE GRAPES , LETTUCES , CURLED-LEAVED ENDIVES AND BROAD-LEAVED ( BATAVIAN ) ENDIVES , ONIONS , WITLOOF CHICORY , CHERRIES , STRAWBERRIES , ASPARAGUS AND CUCUMBERS , CLASS III MAY BE APPLIED UNTIL 31 DECEMBER 1977 ;

WHEREAS THE MARKETING OF CLASS III REPRESENTS A LARGE SHARE OF PRODUCERS ' INCOMES WHERE THERE IS NO CLASS II FOR THE PRODUCT ; WHEREAS , WHERE THERE IS A CLASS II , THE SHARE OF PRODUCERS ' INCOMES REPRESENTED BY CLASS III IS CONSIDERABLY LOWER , ALTHOUGH NOT NEGLIGIBLE , PARTICULARLY AT CERTAIN TIMES OF THE YEAR ;

WHEREAS , MOREOVER , THE MARKETING OF CLASS III PRODUCTS ENABLES CERTAIN CONSUMERS WITH MODEST INCOMES TO OBTAIN SUPPLIES OF THOSE PRODUCTS ;

WHEREAS IT SEEMS ADVISABLE , THEREFORE , TO PROVIDE FOR CLASS III TO BE APPLICABLE FOR A LIMITED PERIOD BEYOND 31 DECEMBER 1977 ;

WHEREAS , IN THE CASE OF BRUSSELS SPROUTS , CLASS III AS DEFINED BY REGULATION ( EEC ) NO 75/74 ( 3 ) MAY BE APPLIED UNTIL 31 DECEMBER 1979 ; WHEREAS , FOR THE SAKE OF SIMPLIFICATION , IT SHOULD BE PROVIDED HERE AND NOW THAT CLASS III MAY BE FURTHER APPLIED UNTIL THE DATE FIXED IN RESPECT OF THE OTHER PRODUCTS ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

CLASS III OF THE QUALITY STANDARDS FOR FRUIT AND VEGETABLES TO BE DELIVERED FRESH TO CONSUMERS MAY BE APPLIED UNTIL 31 DECEMBER 1982 .

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

IT SHALL APPLY AS FROM 1 JANUARY 1978 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 5 DECEMBER 1977 .

FOR THE COUNCIL

THE PRESIDENT

A . HUMBLET