L 95/24 Official Journal of the European Communities 15.4.2000 COMMISSION REGULATION (EC) No 790/2000 of 14 April 2000 laying down the marketing standard 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 organisation of the market in fruit and vegetables ('), as last amended by Regulation (EC) No 1257/1999 (3, and in particular Article 2(2) thereof, Whereas: (1)  Tomatoes are among the products listed in Annex I to Regulation (EC) No 2200/96 for which standards must be adopted. Commission Regulation (EEC) No 778/83 laying down quality standards for tomatoes (}), as last amended by Regulation (EC) No 2522/97 (¥, has been amended frequently and can no longer ensure legal clarity. (20 The rules should therefore be recast, and Regulation (EEC) No 778/83 should be repealed. To that end and in the interests of preserving transparency on the world market, account should be taken of the standard for tomatoes recommended by the UN/ECE Working Party on perishable product standardisation and quality. (3) It should also be specified that cherry tomatoes (including cocktail tomatoes) form a fourth commercial type separate from the three formerly identified (round tomatoes, ribbed tomatoes and oblong tomatoes). The different acceptable forms of commercial presentation specific to tomatoes should as well be detailed. Further- more, the evolution of the market in fresh tomatoes depends on the organoleptic quality of this product which, particularly at the retailing stage, may vary widely. The trade should therefore be allowed to indicate on the packaging minimum or maximum values for essential maturity criteria to allow consumers freedom of choice in purchasing fruit of the organoleptic quality they require. (4)  Applying these standards should result in products of unsatisfactory quality being removed from the market, bringing production into line with consumer require- ments and facilitating trade relationships based on fair 1 () O] L 297, 21.11.1996, p. 1. () O] L 160, 26.6.1999, p. 80. () O] L 86, 31.3.1983, p. 14. (% O] L 346, 17.12.1997, p. 44. competition, thereby helping improve the profitability of production. (5)  The standards are applicable at all stages of marketing. Transportation over long distances, storage for a certain length of time or handling operations may bring about deterioration due to the biological development of the products or their tendency to perish. Account should be taken of such deterioration when applying the standards at the marketing stages which follow dispatch. Since products in the ‘Extra’ class must be sorted and packaged with particular care, only lack of freshness and turges- cence is to be taken into account in their case. (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: Article 1 The marketing standard for tomatoes falling within CN code 0702 00 00 shall be as set out in the Annex. This standard shall apply at all marketing stages, under the conditions laid down in Regulation (EC) No 2200/96. However, at stages following dispatch, the products may show in relation to the provisions of the standard: — a slight lack of freshness and turgescence, — for products graded in classes other than the ‘Extra’ class, slight deterioration due to their development and their tendency to perish. Article 2 Regulation (EEC) No 778/83 is hereby repealed. Article 3 This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Communities. It shall apply from the first day of the third month following its entry into force.