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( 1 ) SEE PAGE 1 OF THIS OFFICIAL JOURNAL .

( 2 ) OJ N L 264 , 5 . 12 . 1970 , P . 1 .

( 3 ) OJ N L 328 , 20 . 12 . 1975 , P . 9 .

COUNCIL REGULATION ( EEC ) N 103/76

OF 19 JANUARY 1976

LAYING DOWN COMMON MARKETING STANDARDS FOR CERTAIN FRESH OR CHILLED FISH

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) N 100/76 OF 19 JANUARY 1976 ON THE COMMON ORGANIZATION OF THE MARKET IN FISHERY PRODUCTS ( 1 ) , AND IN PARTICULAR ARTICLE 2 ( 3 ) THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

WHEREAS REGULATION ( EEC ) N 100/76 PROVIDES THAT COMMON MARKETING STANDARDS MAY BE LAID DOWN ; WHEREAS THE APPLICATION OF SUCH STANDARDS SHOULD HELP TO IMPROVE THE QUALITY OF FISH MARKETED AND THUS FACILITATE THEIR SALE ;

WHEREAS ONE WAY OF IMPROVING QUALITY IS TO PROHIBIT THE MARKETING FOR HUMAN CONSUMPTION OF FISH WHICH IS NOT OF A GIVEN DEGREE OF FRESHNESS ;

WHEREAS , IN ALMOST ALL MEMBER STATES ENGAGED IN SEA FISHING , FISH WHICH HAVE BEEN ADJUDGED FIT FOR HUMAN CONSUMPTION UNDER NATIONAL REGULATIONS ARE OFFERED FOR SALE AFTER GRADING FOR SIZE , WEIGHT , PRESENTATION AND OTHER CRITERIA ; WHEREAS FISH ARE ALSO GRADED ACCORDING TO DEGREE OF FRESHNESS ;

WHEREAS THE ADOPTION OF STANDARDS FOR CERTAIN PRODUCTS HAS ASSUMED PARTICULAR IMPORTANCE IN VIEW OF THE MEASURES ON THE DETERMINATION AND FORMATION OF PRICES PROVIDED FOR IN REGULATION ( EEC ) N 100/76 ; WHEREAS THE GRADING HITHERTO CARRIED OUT AT NATIONAL LEVEL SHOULD THEREFORE BE STANDARDIZED ;

WHEREAS FISH HAVE HITHERTO BEEN GRADED ONLY BEFORE BEING SOLD FOR THE FIRST TIME , SINCE A LARGE PROPORTION OF SUCH FISH IS IMMEDIATELY FILLETED OR OTHERWISE PROCESSED ; WHEREAS APPLICATION OF COMMON STANDARDS SHOULD THEREFORE BE LIMITED TO THE FIRST MARKETING STAGE IN THE COMMUNITY ;

WHEREAS THE STANDARDS MUST APPLY TO ALL FISH INTENDED FOR HUMAN CONSUMPTION , INCLUDING IMPORTED FISH , MARKETED ON THE TERRITORY OF THE MEMBER STATES OF THE COMMUNITY ; WHEREAS THE LIMITATION OF THE OBLIGATION INCUMBENT ON THE INDUSTRY TO FISH INTENDED FOR HUMAN CONSUMPTION ENABLES A CLEARER AND MORE RAPID DISTINCTION TO BE MADE BETWEEN PRODUCTS WHICH ARE PERMITTED FOR HUMAN CONSUMPTION AND WHICH , BEING USED FOR THAT PURPOSE , ARE THEREFORE SUBJECT TO GRADING , AND OTHER PRODUCTS ; WHEREAS THIS WILL FACILITATE BOTH MARKETING AT THE STAGE WHERE STANDARDS ARE APPLIED AND THE CHECKING OF COMPLIANCE WITH THESE STANDARDS ; WHEREAS IT SEEMS NECESSARY , HOWEVER , TO EXCLUDE FROM THE FIELD OF APPLICATION OF THE STANDARDS CERTAIN DIRECT SALES OF SMALL QUANTITIES TO RETAILERS OR CONSUMERS ;

WHEREAS THE 11 SPECIES COVERED BY THIS REGULATION REPRESENT ABOUT 60 % OF COMMUNITY PRODUCTION OF FRESH FISH AND 80 % OF IMPORTS FROM THIRD COUNTRIES ; WHEREAS PRIORITY SHOULD THEREFORE BE GIVEN TO THE ADOPTION OF STANDARDS FOR THESE SPECIES ;

WHEREAS FRESHNESS IS A DECISIVE FACTOR IN ASSESSING THE QUALITY OF FISH ; WHEREAS GRADING BY SIZE IS ALSO ESSENTIAL BECAUSE OF THE DIVERSITY OF CONSUMERS' BUYING HABITS AND THE PROCESSING METHODS NORMALLY USED IN THE COMMUNITY ;

WHEREAS THE VARYING DEGREES OF FRESHNESS AND DIFFERENCES IN SIZE MUST BE MADE ADEQUATELY CLEAR ; WHEREAS IT IS ADVISABLE THEREFORE TO PROVIDE FOR A LIMITED , YET SUFFICIENT , NUMBER OF FRESHNESS AND SIZE CATEGORIES ;

WHEREAS THERE IS AT PRESENT NO OBJECTIVE METHOD OF ASSESSING THE FRESHNESS OF FISH BOTH RAPIDLY AND CHEAPLY ; WHEREAS ONLY ORGANOLEPTIC EXAMINATION , WHICH IS , MOREOVER , IN USE IN THE MEMBER STATES , MEETS THIS REQUIREMENT AND CONSTITUTES AN ACCEPTABLE METHOD ;

WHEREAS , IN VIEW OF NORMAL PRACTICE IN MOST MEMBER STATES , IT IS ADVISABLE THAT THE INDUSTRY SHOULD GRADE FISH FOR FRESHNESS AND SIZE ; WHEREAS , WITH A VIEW IN PARTICULAR TO ASSESSING FRESHNESS BY ORGANOLEPTIC CRITERIA , PROVISION SHOULD BE MADE FOR THE COLLABORATION OF EXPERTS APPOINTED FOR THIS PURPOSE BY THE TRADE ORGANIZATIONS CONCERNED ;

WHEREAS , IN ORDER TO KEEP EACH OTHER INFORMED , EACH MEMBER STATE SHOULD SUPPLY THE OTHER MEMBER STATES AND THE COMMISSION WITH A LIST OF THE NAMES AND ADDRESSES OF THE EXPERTS AND TRADE ORGANIZATIONS CONCERNED ;

WHEREAS IT IS ESSENTIAL THAT FISH IMPORTED FROM THIRD COUNTRIES SHOULD CONFORM TO COMMUNITY STANDARDS ;

WHEREAS THE APPLICATION OF COMMUNITY STANDARDS TO THESE FISH MEANS THAT ADDITIONAL INFORMATION MUST BE GIVEN ON PACKAGES ; WHEREAS , HOWEVER , THIS INFORMATION IS NOT NECESSARY IN THE CASE OF FISH LANDED IN THE COMMUNITY FROM VESSELS UNDER THE SAME CONDITIONS AS COMMUNITY CATCHES ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

FOR THE PURPOSES OF THIS REGULATION :

( A ) " MARKETING " MEANS THE FIRST OFFERING FOR SALE AND THE FIRST SALE AFTER ARRIVAL IN THE COMMUNITY ;

( B ) " LOT " MEANS A QUANTITY OF FISH OF THE SAME SPECIES WHICH HAS BEEN SUBJECTED TO THE SAME TREATMENT AND WHICH MAY HAVE COME FROM THE SAME FISHING GROUND AND THE SAME VESSEL ;

( C ) " FISHING GROUND " MEANS THE DESCRIPTION USUALLY GIVEN BY THE FISHING INDUSTRY TO THE PLACE IN WHICH THE CATCHES HAVE BEEN MADE ;

( D ) " PRESENTATION " MEANS THE FORM IN WHICH THE FISH IS MARKETED , SUCH AS WHOLE , GUTTED , HEADLESS , ETC .

ARTICLE 2

1 . FISH AS SPECIFIED IN ARTICLE 3 WHICH FORM PART OF COMMUNITY CATCHES MAY BE MARKETED FOR HUMAN CONSUMPTION WITHIN THE COMMUNITY ONLY IF IT COMPLIES WITH THE PROVISIONS OF THIS REGULATION .

2 . THE PROVISIONS OF THIS REGULATION SHALL NOT , HOWEVER , APPLY TO SMALL QUANTITIES OF FISH DISPOSED OF BY INSHORE FISHERMEN DIRECT TO RETAILERS OR TO CONSUMERS .

3 . DETAILED RULES FOR THE APPLICATION OF PARAGRAPH 2 SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 32 OF REGULATION ( EEC ) N 100/76 .

ARTICLE 3

MARKETING STANDARDS ARE HEREBY LAID DOWN FOR THE FOLLOWING SPECIES OF SALTWATER FISH , FALLING WITHIN SUBHEADING EX 03.01 B I OF THE COMMON CUSTOMS TARIFF , WITH THE EXCEPTION OF FISH WHICH IS LIVE , FROZEN OR IN PIECES .

COD ( GADUS MORRHUA )

COALFISH ( POLLACHIUS VIRENS )

HADDOCK ( MELANOGRAMMUS AEGLEFINUS )

WHITING ( MERLANGIUS MERLANGUS )

PLAICE ( PLEURONECTES PLATESSA )

REDFISH ( SEBASTES MARINUS )

MACKEREL ( SCOMBER SCOMBRUS )

HERRING ( CLUPEA HARENGUS )

SARDINES ( CLUPEA PILCHARDUS WALBAUM )

ANCHOVIES ( ENGRAULIS ENCRASICHOLUS )

HAKE ( MERLUCCIUS SP.P . )

ARTICLE 4

THE MARKETING STANDARDS REFERRED TO IN ARTICLE 3 COMPRISE :

( A ) FRESHNESS CATEGORIES , AND

( B ) SIZE CATEGORIES .

ARTICLE 5

THE FRESHNESS CATEGORY OF EACH LOT SHALL BE DETERMINED ON THE BASIS OF THE FRESHNESS RATING OF THE FISH AND A NUMBER OF ADDITIONAL REQUIREMENTS .

THE FRESHNESS RATING SHALL BE DEFINED BY REFERENCE TO THE SCALE SET OUT IN ANNEX A TO THIS REGULATION , WHICH COVERS THE FOLLOWING ASPECTS :

( A ) APPEARANCE ,

( B ) CONDITION ,

( C ) SMELL .

EACH PART EXAMINED SHALL BE AWARDED MARKS CORRESPONDING TO THE FRESHNESS CRITERIA INDICATED IN THE SCALE . THE ARITHMETIC MEAN OF THE MARKS AWARDED SHALL INDICATE THE FRESHNESS RATING .

ARTICLE 6

1 . ON THE BASIS OF THE PROVISIONS OF ARTICLE 5 , FISH SHALL BE CLASSIFIED BY LOT IN FRESHNESS CATEGORY " EXTRA " , A OR B .

FRESHNESS CATEGORY " EXTRA " :

THE FRESHNESS RATING OF THE FISH IN THIS CATEGORY SHALL BE 2 * 7 AND OVER . THE FISH MUST BE FREE FROM PRESSURE MARKS , INJURIES , BLEMISHES AND BAD DISCOLORATION .

FRESHNESS CATEGORY A :

THE FRESHNESS RATING OF FISH IN THIS CATEGORY SHALL BE 2 AND OVER BUT LESS THAN 2 * 7 . A VERY SMALL PROPORTION OF FISH WITH SLIGHT PRESSURE MARKS AND SUPERFICIAL INJURIES SHALL BE TOLERATED . THE FISH MUST BE FREE FROM BLEMISHES AND BAD DISCOLORATION .

FRESHNESS CATEGORY B :

THE FRESHNESS RATING OF FISH IN THIS CATEGORY SHALL BE 1 AND OVER BUT LESS THAN 2 . A VERY SMALL PROPORTION OF FISH WITH MORE SERIOUS PRESSURE MARKS AND SLIGHT INJURIES SHALL BE TOLERATED . THE FISH MUST BE FREE FROM BLEMISHES AND BAD DISCOLORATION .

2 . WHEN THE PRODUCTS ARE BEING CLASSIFIED BY FRESHNESS CATEGORY THE PRESENCE OF PARASITES SHALL ALSO BE TAKEN INTO CONSIDERATION , ALLOWANCE BEING MADE FOR THE TYPE OF PRODUCT , THE FISHING GROUND IN WHICH IT WAS CAUGHT AND ITS PRESENTATION .

DETAILED RULES FOR THE APPLICATION OF THIS PARAGRAPH SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 32 OF REGULATION ( EEC ) N 100/76 . A DECISION TO MAKE AN INDICATION OF THE FISHING GROUND COMPULSORY FOR EACH LOT MAY BE TAKEN IN ACCORDANCE WITH THE SAME PROCEDURE .

ARTICLE 7

1 . EACH LOT MUST CONTAIN PRODUCTS OF THE SAME DEGREE OF FRESHNESS . A SMALL LOT NEED NOT , HOWEVER , BE OF UNIFORM FRESHNESS ; IF IT IS NOT , THE LOT SHALL BE PLACED IN THE LOWEST FRESHNESS CATEGORY REPRESENTED THEREIN .

2 . THE FRESHNESS CATEGORY MUST BE CLEARLY AND INDELIBLY MARKED , IN CHARACTERS WHICH ARE AT LEAST 5 CM HIGH , ON LABELS AFFIXED TO THE LOT .

ARTICLE 8

1 . FISH SHALL BE SIZED BY WEIGHT OR BY NUMBER PER KILOGRAMME .

2 . LOTS SHALL BE PLACED IN SIZE CATEGORIES IN ACCORDANCE WITH THE SCALE SET OUT IN ANNEX B TO THIS REGULATION .

3 . EACH LOT MUST CONTAIN FISH OF THE SAME SIZE . A SMALL LOT NEED NOT , HOWEVER , BE OF UNIFORM SIZE ; IF IT IS NOT , THE LOT SHALL BE PLACED IN THE LOWEST SIZE CATEGORY REPRESENTED THEREIN .

4 . THE SIZE CATEGORY AND PRESENTATION MUST BE CLEARLY AND INDELIBLY MARKED , IN CHARACTERS WHICH ARE AT LEAST 5 CM HIGH , ON LABELS AFFIXED TO THE LOT .

ARTICLE 9

THE INDUSTRY SHALL GRADE FISH FOR FRESHNESS AND SIZE IN COLLABORATION WITH EXPERTS DESIGNATED FOR THAT PURPOSE BY THE TRADE ORGANIZATIONS CONCERNED .

ARTICLE 10

NOT LATER THAN ONE MONTH BEFORE THIS REGULATION BEGINS TO APPLY , EACH MEMBER STATE SHALL SUPPLY THE OTHER MEMBER STATES AND THE COMMISSION WITH A LIST OF THE NAMES AND ADDRESSES OF THE EXPERTS AND TRADE ORGANIZATIONS REFERRED TO IN ARTICLE 9 . THE OTHER MEMBER STATES AND THE COMMISSION SHALL BE INFORMED OF ANY AMENDMENTS TO THIS LIST .

ARTICLE 11

1 . FISH AS SPECIFIED IN ARTICLE 3 IMPORTED FROM THIRD COUNTRIES MAY BE MARKETED IN THE COMMUNITY FOR HUMAN CONSUMPTION ONLY IF :

( A ) IT COMPLIES WITH THE PROVISIONS OF ARTICLES 4 , 5 , 6 , 7 AND 8 ;

( B ) IT IS PRESENTED IN PACKAGES ON WHICH THE FOLLOWING INFORMATION IS CLEARLY AND LEGIBLY MARKED :

_ COUNTRY OF ORIGIN , PRINTED IN ROMAN LETTERS WHICH ARE AT LEAST 20 MM HIGH ;

_ SPECIES OF FISH ;

_ PRESENTATION ;

_ FRESHNESS AND SIZE CATEGORIES ;

_ NET WEIGHT IN KG OF THE FISH IN THE PACKAGE ;

_ DATE OF GRADING AND DATE OF DISPATCH ;

_ NAME AND ADDRESS OF SENDER .

2 . HOWEVER , FISH LANDED IN A COMMUNITY PORT DIRECT FROM THE FISHING GROUNDS FROM VESSELS FLYING THE FLAG OF A THIRD COUNTRY AND INTENDED FOR MARKETING FOR HUMAN CONSUMPTION SHALL BE SUBJECT , WHEN PUT ON THE MARKET , TO THE SAME PROVISIONS AS THOSE APPLICABLE TO COMMUNITY CATCHES .

ARTICLE 12

1 . COUNCIL REGULATION ( EEC ) N 2455/70 OF 30 NOVEMBER 1970 DETERMINING COMMON MARKETING STANDARDS FOR CERTAIN FRESH OR CHILLED FISH ( 2 ) , AS LAST AMENDED BY REGULATION ( EEC ) N 3308/75 ( 3 ) , IS HEREBY REPEALED .

2 . REFERENCES TO THE REGULATION REPEALED BY VIRTUE OF PARAGRAPH 1 SHALL BE CONSTRUED AS REFERENCES TO THIS REGULATION .

ARTICLE 13

THIS REGULATION SHALL ENTER INTO FORCE ON 1 FEBRUARY 1976 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 19 JANUARY 1976 .

FOR THE COUNCIL

THE PRESIDENT

J . HAMILIUS

ANNEXES : SEE O.J . N L 20 OF 28 . 1 . 76

Council Regulation (EEC) No 103/76 of 19 January 1976 laying down common marketing standards for certain fresh or chilled fish

Modified by

Commission Regulation (EEC) No 3856/87 of 22 December 1987 adjusting the common marketing standards for certain fresh or chilled fish