4. 7. 85 Official Journal of the European Communities No L 174/25 COMMISSION REGULATION (EEC) No 1853/85 of 2 July 1985 derogating in respect of the opening weeks of the 1985/86 marketing year from the quality standards applicable to certain varieties of 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 ('), as last amended by Regulation (EEC) No 1332/84 (3, and in particular the second subparagraph of Article 2 (3) thereof, Whereas, under the quality standards for dessert apples and pears set out in the Annex to Commission Regu- lation (EEC) No 1641/71 (%), as last amended by Regu- lation (EEC) No 2162/84 (%), the fruit must be deve- loped to the point where further ripening will enable it to attain the maturity appropriate to its varietal characteristics ; whereas the minimum sizes laid down by the standards render this requirement impossible to meet early in the marketing year in the case of some apple and pear varieties; whereas larger minimum sizes should be fixed for a certain period; Whereas the need for this derogation from the minimum sizes laid down in the quality standards may not arise everywhere in the Community ; whereas the Member States should therefore be empowered not to apply the derogation or to re-apply the standard earlier than the dates fixed in this Regulation ; 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 1. By way of derogation from Title III of the quality standards for dessert apples and pears contained in the OJ No L 118, 20. 5. 1972, p. OJ No L 130, 16. 5. 1984, p. OJ No L 172, 31. 7. 1971, p OJ No L 197, 27. 7. 1984, p Annex to Regulation (EEC) No 1641/71 and subject to paragraph 2 below, the minimum size required of fruit of the 1985 harvest marketed within the Community shall be: (a) for apples of the George Cave variety, 60 mm until 11 August 1985; (b) for apples of the Grenadier variety, 70 mm until 11 August 1985 ; (c) for apples of the James Grieve variety and muta- tions (except the Red James Grieve variety), 70 mm until 1 September 1985 and 65 mm from 2 to 15 September 1985 ; (d) for apples of the Golden Delicious variety, 65 mm until 22 September 1985 (e) for apples of the Gravensteiner variety, 70 mm until 8 September 1985 ; (f) for apples of the Cox’s orange pippin variety and mutations, 65 mm until 29 September 1985 ; (g) for apples of the Worcester pearmain variety, 60 mm until 8 September 1985 ; (h) for apples of the Discovery variety, 60 mm until 11 August 1985 ; (i) for apples of the Tydeman’s Early variety, 65 mm until 25 August 1985; (§) for apples of the Summerred variety, 65 mm until 15 September 1985 ; (k) for apples of the Red James Grieve varieties, 70 mm until 8 September 1985 ; (I) for apples of the Spartan variety, 65 mm until 29 September 1985 ; (m) for apples of the Bramley Seedling variety, 80 mm until 8 September 1985 ; (n) for pears of the Dr Jules Guyot and Early Morettini Butter-pear varieties, 60 mm until 1 September 1985 ; (o) for pears of the Bon Chrétien Williams variety, 60 mm until 15 September 1985 ;