8. 11. 89 Official Journal of the European Communities No C 282/7 
II 
(Preparatory Acts) 
COMMISSION 
Amendment to the proposal for a Council Regulation (EEC) laying down health conditions for 
the marketing of fish and fish products concerning nematodes (') 
COM(89) 428 final 
(Submitted by the Commission pursuant to the third paragraph of Article 149 of the EEC Treaty on 
18 September 1989) 
(89/C 282/05) 
On 22 February 1988 the Commission presented the 
above proposal to the Council. Following the opinion of 
the European Parliament delivered at its sitting of 14 
March 1989, the original proposal is amended as 
follows: 
1. The title is replaced by the following: 
'Proposal for a Council Regulation laying down, as 
regards nematodes, health guarantees for the 
marketing of fresh fish intended to be consumed raw 
and fish products' 
2. The following recital la is inserted: 
'Whereas, with a view to the completion of the 
internal market, it is essential to lay down rules on 
health guarantees for fish, which is a staple 
foodstuff, and for fish products, similar to those 
applying to other foodstuffs;' 
3. The following recital lb is inserted: 
'Whereas, in view of the marketing problems which 
have already occurred, this Regulation represents the 
first stage of the health protection measures to be 
adopted by the Council in accordance with Article 
43 of the Treaty by 31 December 1991;' 
4. The following recital lc is inserted: 
'Whereas completion of the internal market 
necessitates the introduction of quality standards for 
fish products which are more stringent than existing 
standards, while maintaining a high level of 
protection for the consumer;' 
5. The following recital 2a is inserted: 
*Whereas legislation must be adopted which is 
appropriate to the specific requirements and 
conditions of the fishing industry;' 
(') OJ No C 66, 11. 3. 1988, p. 3. 6. The third recital is replaced by the following: 
'Whereas larvae of nematodes may be present in 
certain species and parts of fish;' 
7. The fourth recital is replaced by the following: 
'Whereas it is necessary to prevent any health risks 
associated with the presence of nematodes in fish, 
particularly in the case of direct consumption of 
fresh fish, and in certain fish products;' 
8. The sixth recital is replaced by the following: 
'Whereas, in the context of Intra-Community trade 
and imports from third countries, rules should be 
laid down concerning inspections in the country of 
destination together with rules concerning the 
follow-up to such inspections; whereas such rules 
should be consistent with those resulting from 
general rules to be adopted in the context of the 
establishment of the internal market;' 
9. The following recital 7b is inserted: 
'Whereas the Commission is to draw up annexes to 
clarify this Regulation, containing lists of: 
— fish affected, 
— dangerous nematodes, 
— recognized scientific methods of treatment, 
and to submit a proposal for a Directive laying down 
health provisions for fish products;' 
10. In Article 1, point 1 is replaced by the following: 
'1. Fish: seawater fish species liable to contain viable 
larvae of nematodes which may constitute a 
hazard to human health when such species are 
consumed raw or nearly raw without having 
undergone suitable treatment;' 
No C 282/8 Official Journal of the European Communities 8. 11. 89 
11. In Article 1, point 2 is replaced by the following: 
'2. Fresh fish: fish or parts thereof which have 
undergone no treatment to ensure preservation. 
Chilling at 0—5 °C is not considered a 
treatment;' 
12. In Article 1, point 7 is replaced by the following: 
'7. Marketing: the placing on the market, after intro­
duction into the Community and before delivery 
to the retail trade, of fish and fish products for 
human consumption;' 
13. In Article 1, point 8 is replaced by the following: 
'8. Country of dispatch: the Member State or third 
country from which fish or fish products are 
dispatched to another Member State;' 
14. In Article 1, point 9 is replaced by the following: 
'9. Country of destination: the Member State to 
which fish or fish products are dispatched from 
another Member State or third country;' 
15. In Article 1, points 10 and 11 are deleted. 
16. Article 2 (2) is replaced by the following: 
'2. Fresh fish intended to be consumed raw and 
fish products as listed in the Annex which have not 
undergone sufficient treatment to eliminate 
nematodes may be marketed only after they have 
been subjected to the treatment referred to in the 
Annex or after the nematodes have been eliminated 
by freezing. Freezing may be applied to the raw 
material or to the end product;' 
17. In Article 3, the following paragraph is inserted: 
'3a. Consignments of fish products which are the 
subject of Intra-Community trade must be 
accompanied by a document certifying that they 
have been treated;' 
18. Article 3 (4) is replaced by the following: 
'4. Each establishment shall be subject to a regular 
control by the competent authorities. Controls shall 
include in particular a check on the content of the 
register referred to in paragraph 3 and the taking of 
samples in order to verify that the criteria laid down 
in point 2 of the Annex are complied with;' 
19. Article 4 (1) is replaced by the following: 
'1. The country of destination may, where there 
are serious grounds for suspecting irregularities, 
carry out non-discriminatory inspections of fresh fish intended to be consumed raw and fish products 
which are the subject of Intra-Community trade, and 
also in the case of imports from third countries, in 
order to check that a consignment meets the 
requirements of the Regulation.' 
20. Article 4 (2) is replaced by the following: 
'2. The inspections referred to in paragraph 1 
shall be carried out at the place of destination of the 
goods. The inspections may not unduly delay the 
marketing of the goods or cause delays which might 
adversely affect their quality.' 
21. Article 4 (5) is replaced by the following: 
'5. Member States shall grant the right to obtain 
an expert opinion to any consignor whose fish or 
fish products may not be placed on the market as a 
result of an inspection as provided for in paragraph 
1. 
The expert must be a national of a Member State. 
Where there are doubts as to the impartiality of the 
expert opinion, the Commission may seek a second 
opinion, in which case it shall be provided by an 
expert who is a national of a Member State other 
than the country of dispatch or the country of desti­
nation. 
The Commission shall draw up, on the basis of 
Member States' proposals, a list of experts who may 
be instructed to prepare such opinions. It shall, in 
accordance with the procedure laid down in Article 
7, adopt detailed rules for the implementation of this 
paragraph.' 
22. The following Article is inserted: 
'Article 7a 
The conditions laid down in this Regulation shall 
apply until the entry into force of a Regulation 
laying down health conditions for the production 
and marketing of fish products.' 
23. Article 8 is replaced by the following: 
'Article 8 
This Regulation shall enter into force on the day of 
its publication in the Official Journal of the European 
Communities. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States.' 
24. The Annex is replaced by the following: 
8. 11. 89 Official Journal of the European Communities No C 282/9 
'ANNEX 
1. Fish products which have not undergone sufficient treatment to eliminate any nematodes: 
(a) products which are only slightly salted and are consumed almost raw, e.g. young herring (maatje); 
(b) Products which have undergone cold smoking, e.g. herring, mackerel, sprat and salmon; 
(c) Preserved herring, where the process does not constitute a complete treatment. 
2. (a) Before being presented for sale to consumers, fresh fish must undergo, on land, an appropriate 
treatment unless such treatment has already been carried out aboard a fishing vessel. Detailed rules 
for the application of this paragraph must be adopted in accordance with the procedure laid down 
in Article 6. 
(b) Fillets of fresh fish must be visually inspected during the filleting operation. Any larvae must be 
removed. 
3. A complete treatment must comply with one of the following conditions: 
(a) heating, in which the internal temperature in all parts of the fish is raised to at least 70 °C; 
(b) salting, by using salt (NaCl) in such a way that the combination between the minimum salt concen­
tration (MSC) in the tissue fluid of the fish and the minimum action time (MAT) of the salt is as 
follows: 
MSC MAT 
20 % 21 days 
15 % 28 days 
when using sugar (anchovy production) 
12 % 35 % 
(c) marinating, by immersion of the fish for a clearly-specified period in a solution having a suitable pH 
and a suitable salt concentration, possibly in combination with other additives. The combination of 
these parameters must be approved by the competent authority; 
(d) cold treatment, during which the internal temperature of the fish must not exceed —20 °C for at 
least 24 hours. 
The competent authorities must communicate to the Commission and to the other Member States the 
methods approved for the treatments referred to in (c).'