26.8.2009 Official Journal of the European Union L 223/3 COMMISSION REGULATION (EC) No 771/2009 of 25 August 2009 amending Regulation (EC) No 1580/2007 as regards certain marketing standards in the fruit and vegetable sector THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agri- cultural markets and on specific provisions for certain agri- cultural products (Single CMO Regulation) ('), and in particular Article 103a and Article 121(a) in conjunction with Article 4 thereof, Whereas: (1)  Commission Regulation (EC) No 1580/2007 of 21 December 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 (%) has been significantly amended by Commission Regulation (EC) No 1221/2008 (°) with effect from 1 July 2009 as regards the provisions on marketing standards. However, a newly introduced provision on products to be exempted from the general marketing standard should be clarified. (2)  Article 53(7) of Regulation (EC) No 1580/2007 provides that the value of marketed production for the reference period shall be as calculated under the legislation applicable in the reference period referred to in that Article. It is desirable to apply this principle also to the value of the marketed production of producer groups. () In 2008 the Working Party on Agricultural Quality Standards of the United Nations Economic Commission for Europe (UNECE) revised the UNECE standards on lettuces, curled-leaved endives and broad-leaved (Batavian) endives, pears and tomatoes. In order to avoid unnecessary barriers to trade, where specific marketing standards for fruit and vegetables exist at Community level, such standards should be the same as the UNECE standards. Therefore, the specific standards for those fruit and vegetables provided for in Regulation (EC) No 1580/2007 should be aligned with the new UNECE standards. (4)  Regulation (EC) No 1580/2007 should therefore be amended accordingly. (5)  The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets, HAS ADOPTED THIS REGULATION: Atticle 1 Regulation (EC) No 1580/2007 is amended as follows: 1. In Article 3(3b), point (a) is replaced by the following: ‘(a) non-cultivated mushrooms of CN code 0709 59’ 2. In Article 44, the following paragraph 3 is added: ‘3. The value of the marketed production shall be as calculated under the legislation applicable as regards the period for which the aid is claimed.; 3. Parts 4, 6 and 10 of Part B of Annex I are replaced by the text in Parts A, B and C in the Annex to this Regulation. Article 2 This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union. It shall apply from 1 September 2009. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 25 August 2009. OJ L 299, 16.11.2007, p. 1. (3 OJ L 350, 31.12.2007, p. 1. OJ L 336, 13.12.2008, p. 1. For the Commission Mariann FISCHER BOEL Member of the Commission