COMMISSION OF THE EUROPEAN COMMUNITIES 
C0MC89) 211 final 
Brussels, 27 April 1989 
Proposal for a 
COUNCIL REGULATION (EEC) 
laying down common marketing standards for preserved sardines 
(presented by the Commission) 
EXPLANATORY MEMORANDUM 
In August 1987 the Commission presented the Council with a report on the 
situation and outlook as regards the market for sardines in the Community 
(doc. COM(87) 219 final of 7 August 1987). The report highlighted a number of 
problems specific to the sardine sector and emphasized the importance of the 
canning industry as an outlet for fisherman's produce and the role of that 
industry within the Community sardine market. 
After the Council had studied the report the Commission undertook, in a 
statement to the Council, to propose appropriate measures, as part of a 
comprehensive and consistent approach to the problems facing the sardine 
sector, both in respect of the market organization and in the context of the 
existing structural policy. 
Within this overall framework, preserved sardines received special attention. 
The Member States and the Commission felt that there was a need to make this 
branch of production more profitable by improving product quality and 
harmonizing the existing marketing standards. The Commission undertook to 
present the Council with a proposal along these lines before 30 April 1989. 
The result is this draft Regulation which lays down, on the basis of Article 2 
of Council Regulation (EEC) No 3796/81 on the common organization of the 
market in fishery products, which is itself based on Articles 42 and 43 of the 
Treaty, common marketing standards for preserved sardines marketed in the 
Community for human consumption. Generally speaking, these standards, which 
apply only to the finished product, do not affect the rules which already 
apply or which are being prepared concerning the various ingredients used as 
raw materials in the manufacture of the finished product, the public health 
aspects or the provision of information to consumers by means of labelling. 
Their main purpose is to promote the production of high-quality products while 
forming no barrier to the introduction of new products which could appear on 
the market as the result of advances in technology or in response to consumer 
demand. 
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With a view to ensuring market transparency in the interests both of Community 
sardine producers and of consumers, the draft standards provide that products 
made from fish other than sardines (Sardina pilchardus Walbaum) and products 
whose fish content is not above a certain level may not be marketed in the 
Community as preserved sardines. 
The non-exhaustive list of fish preparations and covering media makes it 
possible, with a view to providing the consumer with more information, to 
modify the trade description of the finished product by reference to the type 
of culinary preparation proposed, taking account in particular of the fish 
content of the finished product. 
In addition, technical criteria are laid down to prevent unsatisfactory 
products from being placed on sale in the Community. 
3 
Proposal for a 
COUNCIL REGULATION (EEC) 
laying down common marketing standards for preserved sardines 
THE (XXMJJLL OF THE H3HDPEAN OCMM0NITÏES, 
Having regard to the Treaty establishing the European Economic Community, 
Having regard to Council Regulation (EEC) No 3796/81 of 29 December 1981 on 
the common organization of the market in fishery products1, as last 
amended by Regulation (EEC) No 34Ô8/882, and in particular Article 2(3) 
thereof, 
Having regard to the proposal from the Commission, 
Whereas Regulation (EEC) No 3796/81 provides for the possibility of 
adopting common marketing standards for fishery products in the 
Community, particularly In order to keep products of unsatisfactory quality 
off the market and to facilitate trade relations based on fair competition; 
Whereas the adoption of such standards for preserved sardines is likely to 
improve the profitability of sardine production In the Community, and the 
market outlets therefor, and to facilitate the marketing of the products; 
Whereas it must be specified in this context, particularly in order to 
ensure market transparency, that the products concerned must be prepared 
exclusively with fish of the species Sardina pilchardus Walbaum and must 
contain a minimum quantity of fish; 
1 OJNOL379, 31.12.1981, p. 1. 
2 OJNoL 305, 10.11.1988, p. 1. 
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Whereas, in order to ensure good market presentation, the criteria for the 
preparation of the fish prior to packaging, the presentations in which it 
may be marketed and the covering media and additional ingredients which may 
be used should be laid down; whereas these criteria must not be such as to 
preclude the introduction of new products onto the market; 
Whereas, to prevent the marketing of unsatisfactory products, certain 
criteria which preserved .saprllnes must satisfy in order to be marketed in 
the Community for human consumption should be defined; 
Whereas Council Directive 79/112/EBC of 18 December 1978 on the 
approximation of the laws of the Member States relating to the labelling, 
presentation and advertising of foodstuffs for sale to the ultimate 
consumer1 and Council Directive 76/211/EEC of 20 January 1976 on the 
approximation of the laws of the Member States relating to the making-up by 
weight or by volume of certain pre-packaged products2 specify the 
particulars required for correct information and protection of the consumer 
as regards the contents of packages; whereas, for preserved sardines, the 
trade description should be determined according to the culinary 
preparation proposed, having particular regard to the ratio between the 
various ingredients in the finished product; whereas, where the covering 
medium is oil, the way in which the oil must be described should be 
specified; 
Whereas the conformity of manufacturing batches with the requirements 
of this Regulation should be assessed on the basis of the sampling plan provided for in 
Directive 76/211/EEC; 
Whereas the Commission should have responsibility for the adoption of any 
technical implementing measures, 
HAS ADOPTED TETS RBGDLATICN: 
1 QJNO L 33, 8.2.1979, p. 1. 
2 OJ No L 46, 21.2.1976, p. 1. 
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ABTTCLK 1 
Thi« Regulation defines the standards governing the marketing of preserved 
icqVTv^Twag in the Community. 
ABTICTfl S 
Only products meeting the following requirements may be marketed as 
preserved sardines and described in accordance with Article 7: 
they must be covered by codes ex 1604 13 10 and ex 1604 20 50 of the 
combined nomenclature; 
they must be prepared exclusively from fish of the species Sardina 
pilchardus Walbaum; 
they must be pre-packaged with an appropriate covering medium in a 
hermetically sealed container; 
they must be sterilized by appropriate treatment; 
the weight of fish in the container after sterilization must exceed 
30% of the net weight. 
The sardines must, to the extent required for good 
market presentation, be appropriately trimmed of the 
head, gills, caudal fin and Internal organs other than the ova, milt and 
kidneys, and, according to the market presentation concerned, backbone and 
skin. 
ARTICLE 4 
Preserved sardines may be marketed in any of the following presentations: 
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1. SAEDEŒS: the basic product, without the head, gills, scales, internal 
organs and caudal fin. The head must be removed by making a cut 
perpendicular to the backbone, close to the gills. 
2. S^GnmjmSSmJBCSSSS.' as the basic product, but with the additional 
removal of backbone. 
3. SARDINES WUfflPT SKQ? OR BONES'- as the basic product, but with the 
additional removal of the backbone and skin. 
4. fiflfflETfl fTT.T.rere: portions of flesh obtained by cuts parallel to the 
backbone, along the entire length of the fish, or a part thereof, 
after removal of the backbone, fins and edge of the stomach lining. 
Fillets may be presented with or without skin. 
5. SARDINE TRDNKS: sardine portions adjacent to the head, measuring at 
least 3 cm in length, obtained from the basic product by making 
transverse cuts across the backbone. 
6. Any other form of presentation, on condition that it is clearly 
distinguished from the other presentations defined in this Article. 
Article 5 
For the purposes of the trade descriptions laid down in Article 7, a 
distinction is made between the following covering media, or a mixture 
thereof, with or without the addition of other ingredients: 
1-
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1. olive oil; 
2. refined vegetable oils, used singly or in mixtures; 
3. tomato sauce; 
4. natural juice (liquid exuding from the fish during cooking), «*~H™> 
solution or water; 
5. marinade, with or without wine; 
6. any other covering medium, on condition that it is clearly distinguished 
from the other covering media defined in this Article. 
y 
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1. After sterilization, the products in the container must satisfy the 
following minimum criteria: 
(a) as regards the fish: 
( i ) In all cases the fish must present the appearance and 
colour characteristic of the species Sarrllna pilchardus 
Walbaum and of the type of culinary preparation Indicated 
in the trade description; 
(ii ) for the presentations defined in points 1 to 5 of 
Article 4, the sardines or parts of sa.Tx11ne must: 
be reasonably uniform in size and arranged in an 
orderly mmvn» in the container; 
be readily separable from each other; 
present no significant breaks in the abrlnmlml wall; 
present no breaks or tears in the flesh; 
present no yellowing of tissues, with the exception 
of slight traces; 
comprise flesh of normal consistency. The flesh must 
not be excessively fibrous or soft or spongy; 
comprise flesh of a light or pinkish colour, with no 
reddening round the backbone, with the exception of 
slight traces; 
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(b) the covering medium must have the colour and consistency 
characteristic of its description and the Ingredients used. In 
the case of an oil medium, the oil may not present a dark or 
deep colour (except in the case of smoked products) or contain 
aqueous exudate in excess of 8% of net weight; 
(c) the product must present the odour and flavour characteristic of 
the species Sardina pilchardus Walbaum and the type of covering 
medium, and must be free of any abnormal odour, sharp or 
disagreeable taste, in particular bitterness, or taste of 
oxidation or rancidity; 
(d) the product must be free of any foreign bodies; 
(e) In the case of products with bones, the backbone must be readily 
friable and separable with the thumb and forefinger; 
(f ) products without skin and without bones must present no 
significant residues thereof. 
2. The container may not present external oxidation or deformation 
affecting good presentation. 
AKHCL3_J 
Without prejudice to Directives 79/112/EBC and 76/211/EBC, the trade description 
on the pre-packaging of preserved sardines, must correspond to the ratio 
between the weight of fish in the container after sterilization and the 
net weight, expressed in grammes. 
(a) Where the ratio is not less than the following values, 
(i) for the presentation defined in point 1 of Article 4: 
65%, irrespective of the covering medium, 
"/O 
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( i i ) for the presentations defined in points 2 to 5 of 
Article 4: 
60S, for the covering media listed in points 1 to 5 
of Article 5, 
50%, where the covering medium is a sauce other than 
tomato sauce, with or without aooompanylng 
vegetables as constituents of the sauce, 
the trade description must correspond to the 
presentation of the fish, on the basis of the corresponding 
designation given in Article 4. The designation of the covering 
medium must form an integral part of the trade description. 
In the case of products in oil, the covering medium must be 
designated by one of the following expressions: 
"in olive oil", if olive oil is used, 
"in vegetable oil", if other refined vegetable oils or 
mixtures thereof are used, or 
"in ... oil", indicating the specific origin of the oil. 
(b) In the case of culinary preparations other than those defined in 
(a), where the ratio is lower than the values specified therein, 
the trade description must Indicate the specific nature of the 
culinary preparation. 
(o) ITCM» trade description, as dg-PiTreri in this Article, must be reserved for 
the products referred to in Article 2. 
14 
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Inspection by the Member States, as referred to in Article 4 of 
Regulation (EEC) No 3796/81, shall be extended, for the products covered by 
this Regulation, to the manufacturing stage. 
The conformity of manufacturing batches shall be assessed on the basis of the sampling 
plan provided for in Directive 76/211/EEC. 
Where necessary, the Commission shall adopt, in accordance with the 
procedure laid down in Article 33 of Regulation (EEC) No 3796/81, the 
measures necessary to apply this Regulation. 
AKTIQB 1Q 
This Regulation shall enter into force on the third day after its 
publication in the Officiai Journal of the European Communities. 
This Regulation shall be binding in its entirety and directly applicable in 
all Member States. 
Done at Brussels for the Council 
4<j 
Impact on SMB and employaient: 
The proposed marketing standards aim to defend and improve the image of 
preservations of sardines to the consumer in order to promote their 
consumption. 
This support promotes the producer companies of this product, which in some 
area of the Community/ are mainly SME, and indirectly employment. It is, 
however, impossible to calculate its exact impact on employment. 
All national associations of producers that have been contacted during the 
preparation of this draft have given a positive opinion of the introduction 
cf such standards. 
13 
Commission of the European Communities 
COM(89) 211 final 
Proposal for a 
COUNCIL REGULATION (EEC) 
laying down common marketing standards for preserved sardines 
(submitted to the Council by the Commission) 
27.4.1989 
Office for Official Publications of the European Communities 
L - 2985 Luxembourg 
Series: DOCUMENTS 
1989 - 13 pp. — Format: 21.0 x 29.7 cm 
EN 
ISSN 0254-1475 
ISBN 92-77-49264-3 
Catalogue number: CB-CO-89-170-EN-C 
ISSN 0254-1475 
COM(89) 211 final 
DOCUMENTS 
Proposal for a 
COUNCIL REGULATION (EEC) 
laying down common marketing standards for 
preserved sardines 
(submitted to the Council by the Commission) 
04 
Catalogue number: CB-CO-89-170-EN-C 
ISBN 92-77-49264-3 27.4.1989 
€ 
COMMISSION OF THE EUROPEAN COMMUNITIES