L 36/6 Official Journal of the European Union 7.2.2004 COMMISSION REGULATION (EC) No 214/2004 of 6 February 2004 laying down the marketing standard for cherries 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 (), and in particular Article 2(2) thereof, Whereas: (1) Cherries are among the products listed in Annex I to Regulation (EC) No 2200/96 for which standards must be adopted. In the interest of clarity, Commission Regu- lation (EEC) No 899/87 of 30 March 1987 laying down quality standards for cherries (%), which has been amended several times, should be repealed and replaced by a new regulation. To that end, and in the interest of preserving transparency on the world market, account should be taken of the UNJECE standard FFV-13 concerning marketing and quality control of cherries recommended by the Working Party on Standardisation of Perishable Produce and Quality Development of the United Nations Economic Commission for Europe (UN/ ECE). 20  Application of these new standards should remove products of unsatisfactory quality from the market, bring production into line with consumer requirements and facilitate trade based on fair competition, thereby helping to improve profitability. (3)  The standards are applicable at all marketing stages. Long-distance transport, storage over a certain period and the various processes the products undergo may cause some degree of deterioration owing to the biolo- gical development of the products or their perishable nature. Account should be taken of such deterioration when applying the standard at the marketing stages following dispatch. (4)  As products in the ‘Extra’ class have to be particularly carefully sorted and packaged, only lack of freshness and turgidity is to be taken into account in their case. (5)  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 The marketing standard for cherries falling within CN code 0809 20 shall be as set out in the Annex. The standards shall apply at all marketing stages under the conditions laid down in Regulation (EC) No 2200/96. However, at stages following dispatch, products may show, in relation to the requirements of the standard, a slight lack of freshness and turgidity; products graded in classes other than the ‘Extra’ class may show in addition slight deteriorations due to their development and their tendency to perish. Article 2 Regulation (EEC) No 899/87 is repealed Atticle 3 This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 6 February 2004. () O) L 297, 21.11.1996, p. 1. Regulation as last amended by Commission Regulation (EC) No 472003 (O] L 7, 11.1.2003, p. 64). () OJ L 200, 21.7.1987, p. 18. Regulation as last amended by Regu- lation (EC) No 46/2003 (O] L 7, 11.1.2003, p. 61). For the Commission Franz FISCHLER Member of the Commission