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

( 2 ) OJ NO L 118 , 30 . 4 . 1981 , P . 1 .

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

( 4 ) OJ NO L 128 , 25 . 6 . 1981 , P . 13 .

COMMISSION REGULATION ( EEC ) NO 1916/81

OF 10 JULY 1981

DEROGATING IN RESPECT OF THE 1981/82 MARKING YEAR FROM THE QUALITY STANDARDS FOR DESSERT APPLES AND PEARS

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 1116/81 ( 2 ), AND IN PARTICULAR THE SECOND SUBPARAGRAPH OF ARTICLE 2 ( 3 ) THEREOF ,

WHEREAS COMMISSION REGULATION ( EEC ) NO 1641/71 OF 27 JULY 1971 LAYING DOWN QUALITY STANDARDS FOR DESSERT APPLES AND PEARS ( 3 ), AS AMENDED BY REGULATION ( EEC ) NO 1674/81 ( 4 ), DETERMINED CRITERIA FOR UNIFORM SIZE , VALID FOR ALL VARIENTIES ; WHEREAS IF SUCH CRITERIA WERE TO BE APPLIED TO BRAMLEY ' S SEEDLING APPLES , THOSE APPLES , OWING TO THEIR MORPHOLOGICAL CHARACTERISTICS , COULD NOT BE PLACED UNDER CLASS I , WHATEVER MIGHT BE THEIR QUALITY CHARACTERISTICS ; WHEREAS A DEROGATION FROM THE STANDARDS GOVERNING SIZING SHOULD THEREFORE BE LAID DOWN FOR THIS VARIETY ;

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

BY WAY OF DEROGATION FROM THE PROVISIONS OF SECTION III OF THE QUALITY STANDARDS FOR DESSERT APPLES AND PEARS SET OUT IN THE ANNEX TO REGULATION ( EEC ) NO 1641/71 , THE DIFFERENCE IN DIAMETER FOR APPLES OF THE BRAMLEY ' S SEEDLING VARIETY ( BRAMLEY , TRIOMPHE DE KIEL ) MAY AMOUNT TO 10 MM FOR CLASS I AND II FRUIT PACKED IN ROWS AND LAYERS AND 20 MM FOR CLASS I FRUIT PACKED IN BULK .

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON 1 AUGUST 1981 .

IT SHALL APPLY FOR THE DURATION OF THE 1981/82 MARKETING YEAR .

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

DONE AT BRUSSELS , 10 JULY 1981 .

FOR THE COMMISSION

THE PRESIDENT

GASTON THORN