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

( 2 ) OJ NO L 162 , 30 . 6 . 1979 , P . 26 .

( 3 ) OJ NO 233 , 20 . 12 . 1966 , P . 3939/66 .

( 4 ) OJ NO L 157 , 28 . 6 . 1969 , P . 1 .

( 5 ) OJ NO L 45 , 24 . 2 . 1971 , P . 1 .

( 6 ) OJ NO L 172 , 31 . 7 . 1971 , P . 1 .

( 7 ) OJ NO L 185 , 7 . 7 . 1973 , P . 17 .

( 8 ) OJ NO L 320 , 15 . 12 . 1977 , P . 5 .

COMMISSION REGULATION ( EEC ) NO 728/80

OF 27 MARCH 1980

APPLYING QUALITY CLASS III TO CERTAIN FRUIT FOR THE 1980/81 MARKETING YEAR

THE COMMISSION 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 1301/79 ( 2 ), AND IN PARTICULAR ARTICLE 4 ( 1 ) THEREOF ,

WHEREAS COUNCIL REGULATION NO 211/66/EEC OF 14 DECEMBER 1966 ( 3 ) ADDED A CLASS III TO THE COMMON QUALITY STANDARDS FOR PEACHES AND TABLE GRAPES , WHILE THE SAME CLASS WAS ADDED TO THE COMMON QUALITY STANDARDS FOR CHERRIES AND STRAWBERRIES BY COUNCIL REGULATION ( EEC ) NO 1194/69 OF 26 JUNE 1969 ( 4 ); WHEREAS COMMISSION REGULATION ( EEC ) NO 379/71 OF 19 FEBRUARY 1971 LAYING DOWN COMMON QUALITY STANDARDS FOR CITRUS FRUIT ( 5 ), AND COMMISSION REGULATION ( EEC ) NO 1641/71 OF 27 JULY 1971 LAYING DOWN QUALITY STANDARDS FOR DESSERT APPLES AND PEARS ( 6 ), AS AMENDED BY REGULATION ( EEC ) NO 1833/73 ( 7 ), LAID DOWN A CLASS III FOR THE PRODUCTS CONCERNED ;

WHEREAS COUNCIL REGULATION ( EEC ) NO 2764/77 OF 5 DECEMBER 1977 ( 8 ) EXTENDED UNTIL 31 DECEMBER 1982 THE PERIOD DURING WHICH QUALITY CLASS III MAY BE APPLIED IN RESPECT OF CERTAIN FRUIT AND VEGETABLES ;

WHEREAS , PURSUANT TO ARTICLE 4 ( 1 ) OF REGULATION ( EEC ) NO 1035/72 , THE QUALITY CLASS III MAY BE APPLIED ONLY IF THE PRODUCTS CONCERNED ARE NEEDED TO MEET CONSUMER DEMAND ; WHEREAS THIS APPEARS TO BE THE CASE AT PRESENT FOR LEMONS , TABLE GRAPES , CHERRIES AND STRAWBERRIES ; WHEREAS , IN VIEW OF THE CONSIDERABLE FLUCTUATIONS IN PRODUCTION FROM ONE MARKETING YEAR TO ANOTHER , THE PERIOD OF APPLICATION OF QUALITY CLASS III SHOULD BE LIMITED ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR FRUIT AND VEGETABLES ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

A QUALITY CLASS III AS DEFINED IN THE COMMON QUALITY STANDARDS SHALL APPLY , FOR THE PERIOD SPECIFIED IN EACH CASE , IN RESPECT OF THE PRODUCTS LISTED IN THE ANNEX HERETO .

ARTICLE 2

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

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

DONE AT BRUSSELS , 27 MARCH 1980 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT

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ANNEX // LEMONS : // FROM 1 JUNE TO 30 SEPTEMBER 1980 //

TABLE GRAPES : // FROM 1 MAY 1980 TO 30 APRIL 1981 //

CHERRIES : // FROM 1 APRIL TO 30 SEPTEMBER 1980 //

STRAWBERRIES : // FROM 1 APRIL TO 31 DECEMBER 1980 //