L 346/44 Official Journal of the European Communities 17. 12. 97 COMMISSION REGULATION (EC) No 2522/97 of 16 December 1997 amending Regulation (EEC) No 778/83 laying down quality standards for tomatoes 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 organization of the market in fruit and vegetables ('), and in particular Article 2 (2) thereof, Whereas Commission Regulation (EC) No 2448/95 of 10 October 1995 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomencla- ture and on the Common Customs Tariff (%) lays down new CN codes; whereas the description of tomatoes as defined in Commission Regulation (EEC) No 778/83 of 30 March 1983 laying down quality standards for toma- toes (°), as last amended by Regulation (EC) No 888/97("), should therefore be updated; Whereas Commission Regulation (EC) No 918/94 of 26 April 1994 derogating from Regulation (EEC) No 778/83 laying down quality standards for tomatoes, as regards tomatoes attached to the stalk (trusses of tomatoes) (%), as last amended by Regulation (EC) No 2250/96 (), lays down provisions permitting trusses of tomatoes in the ‘Extra’ Class and Class I to be marketed for a limited trial period; whereas trade in such tomatoes has become economically important; whereas, for the sake of simplifi- cation, those provisions should be incorporated defini- tively in Regulation (EEC) No 778/83; whereas, further- more, in order to take account of existing practice and of the standards recommended by the United Nations Economic Commission for Europe Working Party on Standardization of Perishable Produce and Quality De- velopment, the marketing of such tomatoes in Class 11 should be authorized; whereas Regulation (EC) No 918/94 should therefore be repealed; Whereas, in order to facilitate trade in tomatoes, the Community standards should be supplemented as regards sizing and marking in accordance with the international standard recommended by the United Nations Economic Commission for Europe; L 297, 21. 11. 1996, p. 1. L 259, 30. 10. 1995, p. 1. L 86, 31. 3. 1983, p. 14. L 126, 17. 5. 1997, p. 11. L 106, 27. 4. 1994, p. 5. L 302, 26. 11. 1996, p. 16. 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 Regulation (EEC) No 778/83 is hereby amended as follows: 1. the first paragraph of Article 1 is replaced by the follo- wing: ‘The marketing standards for tomatoes falling within CN code 0702 00 00 shall be as set out in the Annex.’ 2. the Annex is amended as follows: (a) in Part I (Definition of produce), the following sentence is added: ‘Tomatoes, including trusses of tomatoes, may be classified as one of three commercial types, ac- cording to shape and presentation:’; (b) in point A of Part II (Provisions concerning quality), the following paragraph is inserted between the first and second paragraphs: ‘In the case of tomatoes attached to the stalk (trusses of tomatoes), the stalks must be fresh, healthy, clean and without leaves or any visible foreign matter.’; (c) in Part III (Provisions concerning sizing): — the second sentence is replaced by the fol- lowing: ‘The following provisions do not apply to “cherry” or “cocktail” tomatoes., — the following is added to point B (Sizing scale): ‘This sizing scale does not apply to “Cherry” tomatoes or to “cherry” tomatoes attached to the stalk (trusses of “cherry” tomatoes).; (d) in Part VI (Provisions concerning marking), the first indent is replaced by the following: ‘— “tomatoes” or “trusses of tomatoes” and commercial type, if the contents are not visible from the outside; these details must always be provided for “cherry” tomatoes and for trusses of “cherry” tomatoes.’ Article 2 Regulation (EC) No 918/94 is hereby repealed.