EN Official Journal of the European Union L 344/31

COMMISSION REGULATION (EU) No 1282/2009

of 22 December 2009

amending Regulation (EU) No 409/2009 on the establishment of Community conversion factors and presentation codes used to convert fish processed weight into fish live weight

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the functioning of the European Union,

Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993, establishing a control system applicable to the Common Fishery Policy (1), and in particular Article 5 thereof,

Whereas:

(1) Commission Regulation (EC) No 409/2009 (2), establishes Community conversion factors and presentation codes for the states of processing ‘fresh’ and ‘fresh salted’.

(2) Species subject to fishing quotas are landed mainly in the states of processing ‘fresh’, ‘fresh salted’ and ‘frozen’. Consequently there is a need to complement Regulation (EC) No 409/2009 with Community conversion factors for frozen fish, so that Community conversion factors are available for all relevant processing states.

(3) Commission Regulation (EC) No 1077/2008 (3) lays detailed rules for the implementation of the electronic record and transmission of logbook, landing declaration and transhipment data.

(4) Regulation (EC) No 409/2009 should therefore be amended accordingly.

(5) The measures provided for in this Regulation are in accordance with the opinion of the Fisheries and Aquaculture Committee.

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 409/2009 is amended as follows:

1. In Article 3, point (g) is replaced by the following: ‘(g) “state of processing” means the way the fish is preserved (fresh, fresh salted and frozen).’

2. In Article 4, paragraph 1 is replaced by the following: ‘1. The Community conversion factors set out in Annexes II, III and IV shall apply to convert fish processed weight into fish live weight.’

3. In Article 6, paragraph 1 is replaced by the following: ‘1. The masters of Community fishing vessels shall use the conversion factors referred to in Article 4 in the logbook, as referred to in Article 6 of Regulation (EEC) No 2847/93 and Article 4 of Commission Regulation (EC) No 1077/2008 (4), to: (a) estimate the live weight of the quantities onboard the fishing vessel and; (b) to calculate the live weight of the quantities upon landing.

4. Annex I is replaced by the text in Annex I to this Regulation

5. The text in Annex II to this Regulation is added as Annex IV

Article 2

Entry into force and application

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

It shall apply from 1 January 2010.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 22 December 2009. For the Commission The President José Manuel BARROSO

(1) OJ L 261, 20.10.1993, p. 1.

(2) OJ L 123, 19.5.2009, p. 78.

(3) OJ L 295, 4.11.2008, p. 3.

(4) OJ L 295, 4.11.2008, p. 3.’

ANNEX I ‘ANNEX I PRESENTATION 3-ALPHA CODES 3-Alpha presentation code Presentation Description FIL Fillets Removal of head, guts, bones and fins. Each fish originates two fillets not joined by any par FIS Skinned fillets Removal of head, guts, bones, fins and skin. Each fish originates two fillets not joined by any par FSB Filleted with skin and bones Filleted with skin and bones on FSP Filleted skinned with pinbone on Filleted with skin removed and pinbone on GHT Gutted headed and tailed Guts, head and tail removed GUG Gutted and gilled Guts and gills removed GUH Gutted and headed Guts and head removed GUL Gutted liver in Guts removed with the exception of liver GUS Gutted headed and skinned Guts head and skin removed GUT Gutted All guts removed HEA Headed Head removed JAT Tailed Japanese cut Japanese cut with tail removed LVR Liver Liver only, In case of collective presentation* use code LVR-C OTH Other Any other presentation ROE Roe (s) Roe(s) only In case of collective presentation* use code ROE-C CBF Cod butterfly Headed with skin on, spine on, tail on SUR Surimi Surimi SGT Gutted and salted Guts removed and fish salted TAL Tail Tails only TNG Tongue Tongue only. In case of collective presentation* use code TNG-C WHL Whole No processing WNG Wings Wings only’