{
  "url": "https://openlegislation.uk/eu-regulation-2005-1238/introduction",
  "json_url": "https://openlegislation.uk/eu-regulation-2005-1238/introduction.json",
  "legislation": "eur/2005/1238",
  "legislation_title": "Commission Regulation (EC) No 1238/2005 of 28 July 2005 amending Regulation (EC) No 85/2004 laying down the marketing standard for apples",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2005-1238",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Commission Regulation (EC) No 1238/2005\nof 28 July 2005\namending Regulation (EC) No 85/2004 laying down the marketing standard for apples\nTHE COMMISSION OF THE EUROPEAN COMMUNITIES,\nHaving regard to the Treaty establishing the European Community,\nHaving regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables, and in particular Article 2(2) thereof,\nWhereas:\n(1)\nCommission Regulation (EC) No 85/2004 provides, inter alia, for a reduction in the minimum size from 1 August 2005 identical to the size laid down in United Nations Economic Commission for Europe (UN/ECE) standard FFV-50.\n(2)\nThe inclusion of a ripeness criterion based on sugar content in UN/ECE standard FFV-50 has been proposed in the UN/ECE working party on agricultural quality standards.\n(3)\nAs the minimum size is also a ripeness criterion, the possibility of incorporating these two ripeness criteria to the greatest extent possible into the marketing standard for apples should be studied.\n(4)\nSince this study must be conducted over at least three marketing years, application of the size reduction should be postponed to 1 June 2008 and the transitional provisions on sizing extended to 31 May 2008.\n(5)\nSteps should be taken however to protect the legitimate expectations of operators who have concluded contracts on the basis of the presumption of the application from 1 August 2005 of new standards providing for a reduction in size.\n(6)\nFor the sake of clarity, it should be laid down that when a trade name is used to sell a product, the name of the variety or its synonym should also be mentioned.\n(7)\nA number of errors have arisen in the list of varieties in the Annex to the marketing standard.\n(8)\nRegulation (EC) No 85/2004 should therefore be amended accordingly.\n(9)\nThe measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fresh Fruit and Vegetables,\nHAS ADOPTED THIS REGULATION:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 297, 21.11.1996, p. 1. Regulation as last amended by Commission Regulation (EC) No 47/2003 (OJ L 7, 11.1.2003, p. 64)."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "OJ L 13, 20.1.2004, p. 3. Regulation as amended by Regulation (EC) No 907/2004 (OJ L 163, 30.4.2004, p. 50)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2005/1238/introduction",
    "retrieved_at": "2026-11-01T14:54:26.306586+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}