2001R2065 — EN — 01.05.2004 — 001.001 — 1
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►B COMMISSION REGULATION (EC) No 2065/2001
of 22 October 2001
laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards
informing consumers about fishery and aquaculture products
(Text with EEA relevance)
(OJ L 278, 23.10.2001, p. 6)
Amended by:
Official Journal
No page date
►A1 Act concerning the conditions of accession of the Czech Republic, the
Republic of Estonia, the Republic of Cyprus, the Republic of Latvia,the Republic of Lithuania, the Republic of Hungary, the Republic ofMalta, the Republic of Poland, the Republic of Slovenia and the SlovakRepublic and the adjustments to the Treaties on which the EuropeanUnion is foundedL 236 33 23.9.2003
Corrected by:
►C1 Corrigendum, OJ L 10, 12.1.2002, p. 82 (2065/2001)
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COMMISSION REGULATION (EC) No 2065/2001
of 22 October 2001
laying down detailed rules for the application of Council Regula-
tion (EC) No 104/2000 as regards informing consumers about
fishery and aquaculture products
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 104/2000 of 17
December 1999 on the common organisation of the markets in fisheryand aquaculture 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 speci-
fied.
(4) Small quantities of products may only be exempt from the obli-
gation 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 themarketing chain should be specified.
(6) Provision should be made for the Member States to establisharrangements for checking the traceability of products coveredby this 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 falling within Chapter 3 ofthe Combined Nomenclature which are marketed within the Commu-nity, irrespective of their origin, including products that areprepackaged.2001R2065 — EN — 01.05.2004 — 001.001 — 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
governing consumer information
Article 2
1. Any species not included on the list of commercial designations
accepted by a Member State may be marketed under a provisional
commercial designation laid down by the competent authority of the
Member State. A definitive commercial designation included on thelist of accepted designations shall be laid down by the Member Statewithin five months of the date on which the species in question isgiven 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, whichshall inform the other Member States thereof.
Article 3
For the purposes of applying Article 4(1)(a) of Regulation (EC) No
104/2000, the commercial designation of a species shall be as estab-
lished in each Member State in accordance with Article 4(2) of thatRegulation.
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 oneof the following expressions, according to whether the product in ques-tion was caught, at sea or in freshwater, or resulted from aquaculture:
— In Spanish:
‘… pescado …’ or ‘… pescado en aguas dulces …’ or ‘… criado
…’,
— In Czech:
‘… uloveno v mo ři…’ or ‘… uloveno ve sladkých vodách …’ or
‘… pochází z chovu …’,
— in Danish:
‘… fanget …’ or ‘… fanget i ferskvand …’ or ‘… opdrættet …’,
— in German:
‘… gefangen …’ or ‘… aus Binnenfischerei …’ or ‘… aus Aqua-
kultur …’ or ‘gezüchtet …’,
— In Estonian:
‘… püütud merest …’ or ‘… püütud sisevetest …’ or ‘… kasva-
tatud …’,
— 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 …’,2001R2065 — EN — 01.05.2004 — 001.001 — 3
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— in Italian:
►C1 ‘… pescato …’ or ‘… pescato in acque dolci …’ or ‘... alle-
vato …’ ◄,
— In Latvian:
‘… nozvejots j ūrā…’ or ‘… nozvejots sald ūdeņos …’ or ‘…
izaudzēts…’,
— In Lithuanian:
‘… sužvejota …’ or ‘… sužvejota g ėluose vandenyse …’ or ‘…
užauginta …’,
— In Hungarian:
‘… tengeri halzsákmányból …’ or ‘… édesvízi halzsákmányból …’
or ‘… akvakultúrából …’,
— In Maltese:
‘… maqbud mill-ba ħar…’ or ‘… maqbud mill-ilma ħelu …’ or ‘…
prodott ta’ ‘l-akwakultura …’,
— in Dutch:
‘… gevangen’ or ‘… gevangen in zoet water …’ or ‘… aquacul-
tuurproduct …’,
— In Polish:
‘… poławiane w morzu …’ or ‘… poławiane w wodach
śródlądowych …’ or ‘… produkty pochodz ące z chowu lub hodowli
…’,
— in Portuguese:
‘… capturado …’ or ‘… capturado em água doce …’ or ‘… de
aquicultura …’,
— In Slovak:
‘… produkt morského rybolovu …’ or ‘… produkt zo sladkovod-
ného rybárstva …’ or ‘… produkt farmového chovu rýb …’,
— In Slovenian:
‘… ujeto …’ or ‘… ujeto v celinskih vodah …’ or ‘… vzrejeno …’
or ‘… gojeno …’,
— in Finnish:
‘… pyydetty …’ or ‘… pyydetty makeasta vedestä …’ or ‘…
viljelty …’,
— 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 commercial desig-
nation and the catch area that they are species caught at sea. Suchauthorisation may not be granted if there is doubt as to the productionmethod.
3. For the purposes of indicating the production method, farmed
products shall be those resulting from aquaculture as described in para-graph 2.2(a) of Annex III to Council Regulation (EC) No 2792/1999 (
1).2001R2065 — EN — 01.05.2004 — 001.001 — 4
(1) OJ L 337, 30.12.1999, p. 10.▼A1
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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 State
or third country, the Member State in which it is sold to the final
consumer may at the time of such sale authorise the variousMember States or third countries in which it is farmed to be indi-cated.
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 consisting of the same
species but derived from a variety of production methods, the methodfor each batch must be indicated. Where a combination is offered forsale consisting of the same species but derived from a variety of catch
areas or fishfarming countries, at least the area of the batch which is
most representative in terms of quantity must be stated, together withan indication that the products also come from different catch or fish-farming areas.
Article 7
For the purposes of applying Article 4(1) of Regulation (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 small
quantities may only be the seller's own business.
CHAPTER III
Traceability and control
Article 8
The information required concerning the commercial designation, the
production method and the catch area shall be available at each stageof marketing of the species concerned. This information together with
the scientific name of the species concerned shall be provided by
means of the labelling or packaging of the product, or by means of acommercial document accompanying the goods, including the 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 takenunder paragraph 1. The Member States shall notify the Commission by31 March 2002 at the latest of the existing measures which complywith the requirements of Article 8.2001R2065 — EN — 01.05.2004 — 001.001 — 5
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CHAPTER IV
Final provision
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, ►C1 products 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 — 01.05.2004 — 001.001 — 6
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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) Excluding the Baltic Sea.2001R2065 — EN — 01.05.2004 — 001.001 — 7