2001R2065 — EN — 30.10.2001 — 000.001 — 1
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►B COMMISSIONREGULATION(EC)No2065/2001
of22October2001
layingdowndetailedrulesfortheapplicationofCouncilRegulation(EC)No104/2000asregards
informingconsumersaboutfisheryandaquacultureproducts
(TextwithEEArelevance)
(OJ L 278, 23.10.2001, p. 6)
Corrected by:
►C1Corrigendum, OJ L 10, 12.1.2002, p. 82 (2065/2001)
▼B
COMMISSIONREGULATION(EC)No2065/2001
of22October 2001
layingdowndetailedrulesfortheapplicationofCouncilRegulation
(EC)No104/2000asregardsinformingconsumersaboutfisheryand
aquacultureproducts
(TextwithEEArelevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Havingreg ard to the Treaty establishingthe European Community,
Having regard to Council Regulation (EC) No104/2000 of 17 December
1999 on the common organisation of the markets in fishery andaquaculture products(
1), as amended by Commission Regulation (EC)
No 939/2001(2), and in particular Article 4(4) thereof,
Whereas:
(1)Article 4 of Regulation (EC) No 104/2000 provides that certain
fishery products may be offered for retail sale only on conditionthat a number of requirements regarding consumer informationare met. The scope of that obligation should be specified.
(2)It should be possible for the lists of commercial designationsaccepted in the territory of the Member States to be changed inthe light of market requirements.
(3)The requirements governing consumer information, in particularas regards the commercial designation and method of productionof a species, and the area in which it is caught, should be
specified.
(4)Small quantities of products may only be exempt from the
obligation regarding marking or labelling if they comply with anumber of requirements, which should be defined.
(5)The scope of the information to be passed on throughout themarketingchain should be specified.
(6)Provision should be made for the Member States to establisharrangements for checking the traceability of products covered bythis Regulation.
(7)The measures provided for in this Regulation are in accordancewith the opinion of the Management Committee for FisheryProducts,
HAS ADOPTED THIS REGULATION:
CHAPTER I
Scope
Article 1
Without prejudice to the provisions applicable pursuant to Directive
2000/13/EC of the European Parliament and of the Council(3), this
Regulation shall apply to the fishery and aquaculture products includedon the lists and covered by the presentations fallingwithin Chapter 3 ofthe Combined Nomenclature which are marketed within the Commu-nity, irrespective of their origin, including products that areprepackaged.2001R2065 — EN — 30.10.2001 — 000.001 — 2
(1) OJ L 17, 21.1.2000, p. 22.
(2) OJ L 132, 15.5.2001, p. 10.
(3) OJ L 109, 6.5.2000, p. 29.
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CHAPTER II
Changes to lists of commercial designations and requirements
governingconsumerinformation
Article 2
1. Any species not included on the list of commercial designations
accepted by a Member State may be marketed under a provisionalcommercial designation laid down by the competent authority of theMember State. A definitive commercial designation included on the listof accepted designations shall be laid down by the Member State within
five months of the date on which the species in question is given the
provisional commercial designation.
2. Any changes to the list of commercial designations accepted by a
Member State shall be notified forthwith to the Commission, which shall
inform the other Member States thereof.
Article 3
For the purposes of applyingArticle 4(1)(a) of Reg ulation (EC) No 104/
2000, the commercial designation of a species shall be as established ineach Member State in accordance with Article 4(2) of that Regulation.
Operators may also indicate the scientific name of the species concerned
upon sale to the final consumer.
Article 4
1. The reference to the production method in accordance with Article
4(1)(b) of Regulation (EC) No 104/2000 shall consist of one of thefollowingexpressions, accordingto whether the product in question wascaught, at sea or in freshwater, or resulted from aquaculture:
— In Spanish:
‘… pescado …’ or ‘… pescado en aguas dulces …’ or ‘… criado
…’,
— in Danish:
‘… fanget …’ or ‘… fanget i ferskvand …’ or ‘… opdrættet …’,
— in German:
‘… gefangen …’ or ‘… aus Binnenfischerei …’ or ‘… aus
Aquakultur …’ or ‘gezüchtet …’,
— in Greek:
‘…αλιευµένο …’ or ‘… αλιευµένο σε γλυκά νερά …’ or ‘…
υδατοκαλλιέργειας …’,
— in English:
‘… caught …’ or ‘… caught in freshwater …’ or ‘… farmed …’ or
‘… cultivated …’,
— in French:
‘… pêché …’ or ‘… pêché en eaux douces …’ or ‘… élevé …’,
— in Italian:
►
C1‘… pescato …’ or ‘… pescato in acque dolci …’ or ‘...
allevato …’ ◄,
— in Dutch:
‘… gevangen’ or ‘… gevangen in zoet water …’ or ‘…
aquacultuurproduct …’,
— in Portuguese:
‘… capturado …’ or ‘… capturado em água doce …’ or ‘… de
aquicultura …’,
— in Finnish:
‘… pyydetty …’ or ‘… pyydetty makeasta vedestä …’ or ‘… viljelty
…’,2001R2065 — EN — 30.10.2001 — 000.001 — 3
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— in Swedish:
‘… fiskad …’ or ‘… fiskad i sötvatten …’ or ‘… odlad …’.
2. In the case of species caught at sea, Member States may authorise
the omission of the reference to the production method upon sale to the
final consumer provided that it is obvious from the commercialdesignation and the catch area that they are species caught at sea.Such authorisation may not be granted if there is doubt as to theproduction method.
3. For the purposes of indicatingthe production method, farmed
products shall be those resultingfrom aquaculture as described in
paragraph 2.2(a) of Annex III to Council Regulation (EC) No 2792/1999(
1).
Article 5
1. The indication of the catch area in accordance with Article 4(1)(c)
of Regulation (EC) No 104/2000 shall consist of the following:
(a) in the case of products caught at sea, a reference to one of the areas
mentioned in the Annex hereto;
(b) in the case of products caught in freshwater, a reference to the
Member State or third country of origin of the product;
(c) in the case of farmed products, a reference to the Member State or
third country in which the product undergoes the final developmentstage. Where the product is farmed in more than one Member Stateor third country, the Member State in which it is sold to the finalconsumer may at the time of such sale authorise the various Member
States or third countries in which it is farmed to be indicated.
2. Operators may indicate a more precise catch area.
Article 6
1. Where a combination of different species is offered for sale, the
indications referred to in Article 4(1) of Regulation (EC) No 104/2000shall be provided for each species.
2. Where a combination is offered for sale consistingof the same
species but derived from a variety of production methods, the method
for each batch must be indicated. Where a combination is offered forsale consistingof the same species but derived from a variety of catchareas or fishfarmingcountries, at least the area of the batch which ismost representative in terms of quantity must be stated, together with anindication that the products also come from different catch or
fishfarmingareas.
Article 7
For the purposes of applyingArticle 4(1) of Reg ulation (EC) No 104/
2000, each Member State shall determine the small quantities ofproducts sold directly to consumers, provided that these do not exceedthe value of EUR 20 for each purchase. The source of these smallquantities may only be the seller's own business.
CHAPTER III
Traceability andcontrol
Article 8
The information required concerningthe commercial desig nation, the
production method and the catch area shall be available at each stage ofmarketingof the species concerned. This information tog ether with thescientific name of the species concerned shall be provided by means of2001R2065 — EN — 30.10.2001 — 000.001 — 4
(1) OJ L 337, 30.12.1999, p. 10.
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the labellingor packag ingof the product, or by means of a commercial
document accompanyingthe g oods, includingthe invoice.
Article 9
1. The Member States shall establish arrangements for checking the
application of Article 8.
2. The Member States shall notify the Commission, as soon as they
are adopted and by 31 March 2002 at the latest, of the measures taken
under paragraph 1. The Member States shall notify the Commission by31 March 2002 at the latest of the existingmeasures which comply withthe requirements of Article 8.
CHAPTER IV
Finalprovision
Article 10
This Regulation shall enter into force on the seventh day following that
of its publication in the Official Journal of the European Communities .
It shall apply from 1 January 2002. However, ►C1products placed on
the market or labelled prior to that date and packaging which do not
comply◄with this Regulation may be marketed until stocks have been
used up.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.2001R2065 — EN — 30.10.2001 — 000.001 — 5
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ANNEX
Catch area Identification of the area (1)
North-West Atlantic FAO area 21
North-East Atlantic (2) FAO area 27
Baltic Sea FAO area 27.IIId
Central-Western Atlantic FAO area 31
Central-Eastern Atlantic FAO area 34
Souht-West Atlantic FAO area 41
Souht-East Atlantic FAO area 47
Mediterranean Sea FAO areas 37.1, 37.2 and 37.3
Black Sea FAO area 37.4
Indian Ocean FAO areas 51 and 57
Pacific Ocean FAO areas 61, 67, 71, 77, 81 and 87
Antarctic FAO areas 48, 58 and 88
(1) FAO yearbook. Fisheriy statistics. Catches. Vol. 86/1. 2000.
(2) Excludingthe Baltic Sea.2001R2065 — EN — 30.10.2001 — 000.001 — 6