13.12.2008 Official Journal of the European Union L 336/1 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) REGULATIONS COMMISSION REGULATION (EC) No 1221/2008 of 5 December 2008 amending Regulation (EC) No 1580/2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector as regards marketing standards THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Commu- nity, Having regard to Council Regulation (EC) No 12342007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (!), and in particular Article 121(a) in conjunction with Article 4 thereof, Whereas: 1 Council Regulation (EC) No 361/2008 (?) has integrated into Regulation (EC) No 1234/2007, with effect from 1 July 2008, the provisions of Council Regulation (EC) No 1182/ 2007 (), which lays down specific rules as regards the fruit and vegetable sector, without calling into question the underlying policy choices. These provisions state that fruit and vegetables which are intended to be sold fresh to the consumer, may only be marketed if they are sound, fair and of marketable quality and if the country of origin is indicated. In the interest of harmonisation of the implementation of this provision, it is appropriate to define these characteristics in providing for a general marketing standard for all fresh fruits and vegetables. Commission Regulation (EC) No 1580/2007 (*) does not currently contain specific marketing standards for indivi- dual products which are currently contained in a number of existing Regulations, which continue to apply pursuant to Article 203a(7) of Regulation (EC) No 1234/2007. In the interests of clarity it is appropriate to gather together all the specific marketing standards foreseen under Arti- OJ L 299, 16.11.2007, p. 1. OJ L 121, 7.5.2008, p. 1. OJ L 273,17.10.2007, p. 1. OJ L 350, 31.12.2007, p. 1. 3) cle 113(1)(b) and (c) of Regulation (EC) No 1234/2007 into Regulation (EC) No 1580/2007. It is also appropriate in the light of experience and in the interests of simplification to reduce the list of products covered by specific marketing standards, to include only those products for which it seem necessary to adopt a standard based on an assessment of its relevance, taking into account in particular which products are most traded in value terms on the basis of the figures held in the Comext database on intra-Community and extra-Commu- nity trade. In order to avoid unnecessary barriers to trade, where specific marketing standards are to be laid down for individual products, these standards should be those as set out in the standards adopted by the United Nations Economic Commission for Europe (UNECE). For the same reason, other products should be considered to conform to the general marketing standard where the holder is able to show they are in conformity with any such applicable standards. The exceptions and exemptions from these standards should also be modified accordingly. In particular, the reference to minimum quality criteria for products intended for industrial processing should be deleted since those criteria related to aid schemes which have been abolished by Regulation (EC) No 1182/2007. Since some fruit and vegetables will naturally develop and have a tendency to perish, they should be permitted to show a slight lack of freshness and turgidity provided they are not in Extra Class. Certain products which are normally not intact when sold should be exempted from the general marketing standard which would otherwise require this.