No L 43/22 Official Journal of the European Communities 17. 2. 90 COMMISSION REGULATION (EEC) No 410/90 of 16 February 1990 setting quality standards for kiwifruit THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the - market in fruit and vegetables ('), as last amended by Regulation (EEC) No 1119/89 (3, and in particular Article 2 (2) thereof, Whereas Annex 1 to Regulation (EEC) No 1035/72 listing the products-for delivery fresh to the consumer to be covered by quality. standards was supplemented by Council Regulation (EEC) No 1010/89 (}) adding kiwi-. fruit ; whereas the: quality standards for this product must therefore be set; Whereas application’ of these standards should have the effect of keeping products of unsatisfactory quality off the market, guiding production to meet consumers’ require- ments and facilitating trade under fair competitive condi- tions, so helping to improve the profitability of produc- tion ; Whereas these standards shall be applicable at all marketing stages; whereas transport over long distances, storage of more than a certain duration and the amount of handling to which products are subject can result in some degree of deterioration owing.to the biological develop- ment of the product or its fairly perishable nature; whereas such deterioration should be taken into account in-the application of the standards at the marketing stages following consignment; whereas since - products of the ‘extra’ class must be particularly carefully selected and packed allowance should be made for a loss of freshness and turgidity alone ; 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 The quality standards for kiwifruit falling within CN code 08109010 shall be as. shown in the Annex hereto. These standards shall apply to all marketing stages on the terms laid down by Regulation (EEC) No 1035/72. However at stages following consignment the following tolerances shall be allowed : — a slight loss of freshness and turgidity, — for products other than the ‘extra’ class, slight deterio- ration arising from biological development and peri- shability. » Article 2 This Regulation shall enter into force on 1 October 1990. This Regulation shall -be binding in its entirety and directly applicable in all Member States. Done at Brussels, 16 February 1990. () OJ No L 118; 20. 5. 1972, p. 1. () OJ No L 118, 29. 4. 1989, p. 12. () OJ No L 109, 20. 4. 1989, p. 3. For the Commission Ray MAC SHARRY Member of -the Commission