THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables(1), as last amended by Commission Regulation (EC) No 911/2001(2), and in particular Article 2(2) thereof,
Whereas:
Lettuce and curly and escarole chicory are among the products listed in Annex I to Regulation (EC) No 2200/96 for which standards must be adopted. Commission Regulation (EEC) No 79/88 of 13 January 1988 laying down quality standards for lettuces, curled-leaved endives, and broad-leaved (Batavian) endives(3), as last amended by Regulation (EC) No 1455/1999(4), has been amended frequently and can no longer ensure legal clarity.
Regulation (EC) No 79/88 should be repealed and the rules it contains recast. To that end and in the interest of preserving transparency on the world market, account should be taken of the standards for lettuces and curled-leaved and broad-leaved (Batavian) endives recommended by the Working Party on Standardisation of Perishable Produce and Quality Development of the United Nations Economic Commission for Europe (UN/ECE).
Application of this standard should remove products of unsatisfactory quality from the market, bring production into line with consumer requirements and facilitate trade based on fair competition, thereby helping to improve profitability.
The standard applies at all marketing stages. Long-distance transport, storage over a certain period and the various processes the products undergo may cause certain deterioration owing to the biological development of the products or their relatively perishable nature. Account should be taken of such deterioration when applying the standard at the marketing stages following dispatch.
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fresh Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
The marketing standard for the following products shall be as set out in the Annex:
lettuces, falling within CN codes 0705 11 and 0705 19,
curled-leaved and broad-leaved (Batavian) endives, falling within CN code 0705 29.
The standard shall apply at all marketing stages under the conditions laid down in Regulation (EC) No 2200/96.
However, at stages following dispatch, products may show in relation to the requirements of the standard a slight lack of freshness and turgidity, as well as slight deterioration due to their development and their tendency to perish.
Regulation (EEC) No 79/88 is repealed.
This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Communities.
It shall apply from 1 January 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.