L 163/50 Official Journal of the European Union 30.4.2004 COMMISSION REGULATION (EC) No 907/2004 of 29 April 2004 amending the marketing standards applicable for fresh fruit and vegetables with regards to presen- tation and labelling THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Com- munity, Having 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 Articles 2(2), Whereas: (1)  Marketing standards for fresh fruit and vegetables estab- lished according to Article 2 of regulation (EC) No 2200/96 lay down provisions concerning the presenta- tion of products in the package and stipulate that all packages shall be labelled with all the information required with regard to identification of the packer or of the dispatcher, the nature of produce, its origin and commercial specifications. (2) It is common practice in the sector to affix stickers indi- vidually on fruits for publicity purposes or other purposes. The development of such practice for the most delicate ones makes it necessary to adopt rules aiming at avoiding products are damaged by the stickers. (3)  Recent trends in the fruit and vegetables sector show in particular the preparation, more and more frequently in the region of production itself, of sales packages, as defined in Annex IV, part 1, item I) of Commission Regulation (EC) No 1148/2001 of 12 June 2001 on checks on conformity to the marketing standards applic- able to fresh fruit and vegetables (). Often, when this happens, goods are then shipped to the consuming markets in re-usable transport packages. () In order to take this practice into account, and in par- ticular to avoid risks of confusion when labels of re- usable transport packages are changed, transport packages should be exempted from the labelling of the information required by the marketing standards, provided however that sales packages are correctly labelled and visible. In the case, transport packages are palletised, the pallet should be marked. () OJ L 297, 21.11.1996, p. 1. Regulation last amended by Commis- sion Regulation (EC) No 47/2003 (O] L 7, 11.1.2003, p. 64.) () OJ L 156, 13.6.2001, p. 9. Regulation last amended gy Regulation (EC) No 408/2003 (O] L 62, 6.3.2003, p. 8. (5)  In addition, it shall be possible to label pre-packages, as defined in annex IV, point 1, item 1) of Regulation (EC) No 1148/2001, with the name of the seller instead of that of the packer and/or the shipper, in particular to be more in line with the provisions applicable to all pre- packed food stuffs as defined by Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (}), provided that the particulars placed on the pre-package allow easily to know the packer and|or the shipper. (6)  The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for fresh fruit and vegetables, HAS ADOPTED THIS REGULATION: Atrticle 1 In title V (Provisions concerning presentation), point B (Packa- ging), of the Annexes of the Regulations in Annex I to the present Regulation and in title V (Provisions concerning presen- tation), point C (Packaging), of the Annexes of the Regulations in Annexes II to the present Regulation, the following sub- paragraph is added: ‘Stickers individually affixed on product shall be such as, when removed, neither to leave visible traces of glue, nor to lead to skin defects.’ Atticle 2 At the end of title VI (Provisions concerning labelling) of the Annexes of the Regulations in Annexes III to the present Regu- lation and in title VI (Provisions concerning labelling), at the end of item 1, of the Annexes of the Regulations in Annexes IV to the present Regulation, the following subparagraph is added: ‘Packages need not to bear the particulars mentioned in the first subparagraph, when they contain sales packages, clearly visible from the outside, and all bearing these parti- culars. These packages shall be free from any indications such as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in an obvious position on at least two sides of the pallet.’ () OJ L 109, 6.5.2000, p. 29. Directive last amended by Directive 2003/89/EC (O] L 308, 25.11.2003, p. 15.)