COMMISSION OF THE EUROPEAN COMMUNITIES 
C0MC91) 527 final 
Brussels, 13 December 1991 
Proposal for a 
COUNCIL REGULATION (EEC) 
laying down common marketing atandarda for preserved tuna and bonlto 
(presented by the Commission) 
EXPLANATORY MEMORANDUM 
At the time of the studies which led the Council to adopt, on 21 June 
1989, Reg. (EEC) N 2136/89 fixing common marketing standards for 
preserved sardines, several Member States and the Commission deemed 
necessary to extend the exercise to other fishery products, with 
priority being given to tuna and bonito. 
The present draft regulation is intended to meet this objective by 
fixing, on the basis of Art. 2 of Council Reg. (EEC) N 3796/81 on the 
common organization of the market for fishery products, itself based on 
Arts. 42 and 43 of the Treaty, common marketing standards for preserved 
tuna ana bonlto 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 exist or which are under 
preparation concerning the various ingredients used as raw materials In 
the preparation of the finished product, the public health aspects or 
the provision of information to consumers by means of labelling. Their 
main purpose is to ensure the clarification, the transparency and the 
stabilization of the market and, consequently to garantee fair 
competition conditions on the Community market and to improve the 
profitability of tuna production in the Community. 
With a view to ensuring market transparency in the interests of both 
tuna and bonito producers and consumers, the draft standards lay down 
provisions for the sale of the products concerned and forbids the 
marketing of any product which does not meet these provisions. In this 
context, a list has been drawn up defining the species which may be 
marketed under the terms of tuna and bonito respectively. 
The non-exhaustive list of presentations for each type of fish (tuna or 
bonito) and the covering media further makes it possible, with a view to 
providing better information to the consumer, to adapt the trade 
description of the finished product by taking into account the type of 
the culinary preparation concerned. 
Pursing the same objective of market transnparency, the labelling should 
indicate the fish content. 
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Proposal for a 
COUNCIL REGULATION (EEC) No / 
of 
laying down common marketing standards for preserved tuna and bonito 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
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 products,* as 
last amended by Regulation (EEC) No 3571/90,2 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 
commercial quality off the market and to facilitate trade relations 
based on fair competition; 
Whereas the adoption of such standards for preserved tuna and bonito is 
likely to improve the profitability of tuna production in the 
Community, and the market outlets therefor, and to facilitate disposal 
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 from well defined species; 
Whereas, in order to ensure clarity in the trade description of the 
products concerned, the presentations in which they are marketed should 
be defined and the method of designation of the covering media laid 
down ; 
whereas these criteria must not, however, be such as to preclude the 
introduction of new products onto the market; 
1 OJ No L 379, 31.12.1981, p. 1. 
o nr Mn r. ISI 77 17-1990. n. JO. 
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Whereas Council Directive 79/112/EEC of 18 December 1978 on the 
approximation of the laws of the Member States related to the 
labelling, presentation and advertising of foodstuffs for sale to the 
ultimate consumer,3 as last amended by Directive 89/395/EEC,4 and 
Council Directive 76/211/EEC of 20 January 1976 on the approximation of 
the laws of the Member States relating to making-up by weight or by 
volume of certain prepackaged products,5 as last amended by Directive 
78/891/EEC,6 specify the particulars required for correct information 
and protection of the consumer as regards the contents of packages; 
whereas, for preserved tuna and bonito, the trade description should 
also be determined with regard to the proposed commercial presentation 
or culinary preparation and, where appropriate, the covering medium 
used; whereas the labelling of the products concerned should be 
required to state the fish content in the container; whereas the 
meaning of the trade description "natural" should be defined; 
Whereas the purpose of the Council Directive 91/493/EEC of 22 July 1992 
laying down the health conditions for the production and the placing on 
the market of fishery products7, is to harmonize the health 
requirements to be respected when marketing Community fishery products 
and to protect public health; whereas, the requirements laid down in 
this marketing standard are applied without prejudice to the health 
regulations in force; 
Whereas the Commission should have responsibility for the adoption of 
any technical implementing measures, 
HAS ADOPTED THIS REGULATION: 
Article 1 
This Regulation defines the standards governing the marketing of 
preserved tuna and bonito in the Community. 
3 OJ No L 33, 8.2.1979, p. 1. 
4 OJ No L 186, 30.6.1989, p. 17. 
5 OJ No L 46, 21.2.1976, p. 1. 
6 OJ No L 311, 4.11.1978, p. 21. 
7 OJ L No L 268, 24.09.1991, p. 15. 
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Article 2 
1. The trade description of preserved tuna or bonito, as defined in 
Article 5, shall be reserved for products which satisfy the following 
conditions: 
1) Preserved tuna must : 
- be covered by CN codes 1604 14 10 and ex 1604 20 70, 
- be prepared exclusively from fish of one of the species listed in 
point I of the Annex to this Regulation, 
2) Preserved bonito must : 
- be covered by CN codes 1604 14 90, ex 1604 20 50, 1604 19 30, 
ex 1604 20 70, ex 1604 19 99 and ex 1604 20 90, 
- be prepared exclusively from fish of one of the species listed in 
point II of the Annex to this Regulation. 
2. Under no circumstances may different species be mixed in the same 
container. However, culinary preparations using tuna or bonito flesh 
entailing disappearance of the muscular structure may contain the flesh 
of other fish which has undergone the same treatment provided at least 
25% of the preparation consists of tuna or bonito or a mixture of the 
two. 
Article 3 
1, If any of the following forms of commercial presentation of the 
product form part of the trade description referred to in Article 5, 
they shall comply with the following definitions: 
(±) solid: the musculature is cut transversely and is presented 
as a whole slice formed by a single portion or reconstituted 
by the compact assembly of several portions of flesh. 
Both sides of the cut surface of the slice must be regular 
and parallel to the bottom of the container. 
The presence of flakes, accounting for up to 18% of fish 
weight, shall be tolerated. 
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However, when the musculature is canned raw, the presence of 
flakes shall be prohibited; a fragment of flesh may be added 
as a makeweight; 
(ii) chunks: fragments of flesh, the initial muscle structure of which 
is maintained and the shortest side of which is not less than 1.2 
cm. 
The presence of flakes, accounting for up to 30% of fish weight, 
shall be tolerated; 
(Hi) fillets: a) longitudinal strips of muscle taken from the 
musculature parallel with the vertebral column and 
with the skin removed, closely packed along the 
container; 
b) strips of muscle from the abdominal wall, with the 
skin removed, closely packed along the container; in 
this case, the fillets may be described as abdominal 
fillets, too; 
(1V) flakes: fragments of flesh of heterogeneous size. 
2. Any form of presentation other than the above or other culinary 
preparation shall be permitted, provided that it is clearly 
identified in the trade description. 
Article 4 
If the covering medium used forms an integral part of the trade 
description, it shall conform to the following provisions: 
"in olive oil" is reserved for products using only olive oil, 
excluding any mixture with other oils; 
"natural" is reserved for products using the natural juice (the 
liquid exuding from the fish during cooking), a saline solution or 
water, eventually added of herbs, spices or aromatizing 
preparations; 
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"in vegetable oil" is reserved for products using refined vegetable 
oils, used singly or in mixtures; 
where any other covering medium is used, it shall be identified 
clearly and explicitly using its usual trade name. 
Article 5 
1. Without prejudice to Directives 79/112/EEC and 76/211/EEC, the 
trade description on the prepackaging of preserved tuna or bonito 
shall state: 
(a) in the case of the presentations referred to in Article 3(1), 
the type of fish (tuna or bonito), 
the presentation in which the fish is marketed, using the 
appropriate description as referred to in Article 3; this 
provision shall be optional, however, in the case of the 
presentations referred to in Article 3(1) (i), 
the description of the covering medium used, subject to the 
conditions set out in Article 4; 
(b) in the case of the presentations referred to in Article 3(2), 
the type of fish (tuna or bonito); 
the precise nature of the culinary preparation. 
2. Without prejudice to the Community provisions referred to in the 
previous paragraph, and in particular Articles 7 and 8 of 
Directive 79/112/EEC, the fish content (whether tuna or bonito), 
expressed in grams or as a percentage of the net weight, shall be 
clearly stated after the type of fish in the list of ingredients. 
3. The trade descriptions of preserved tuna and bonito, as defined 
in Article 2 (1) and (2) respectively, may under no circumstances 
associate the words "tuna" and "bonito." 
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4. Without prejudice to Article 2 and paragraph 3 of this Article, 
where there is an established trade usage, the type of fish used 
(tuna or bonito) and the species may appear in the trade 
description under the name normally used in the Member State in 
which the products are marketed. 
5. The trade description "natural" may be used only for preserves 
marketed in the presentations referred to in Article 3(1)(i) and 
in the covering medium as described in the second indent of 
Article 4. 
Article 6 
This regulation is applicable without prejudice to Council Directive 
91/493/EEC of 22 July 1992, laying down the health conditions for the 
production and the placing on the market of fishery products. 
Article 7 
As required, the Commission shall adopt, in accordance with the 
procedure laid down in Article 33 of Regulation (EEC) No 3796/81, the 
measures necessary for the application of this Regulation. 
Article 8 
This Regulation shall enter into force on the third day following its 
publication in the Official Journal of the European Communities. 
It shall apply from 1st July 1992. 
However, the products in stock which had been labelled before the 
can be sold until 
This Regulation shall be binding in its entirety and directly 
applicable in all Member States. 
Done at Brussels, For the Council 
ANNEX 
1. TUNA 
1. Species of the genus Thunnus 
a) Albacore or longfinned tuna (Thunnus alalunga) 
b) Yellowfin tuna (Thunnus (neothunnus) albacares) 
c) Bluefin tuna (Thunnus thynnus) 
d) Bigeye tuna (Thunnus (parathunnus) obesus) 
e) Other species of the genus Thunnus. 
2. Skipjack or stripe-bellied tuna 
(Euthynnus (Katsuwonus) pel amis) 
II. BONITO 
1. Species of the genus Sarda 
a) Atlantic bonito (Sarda sarda) 
b) Pacific bonito (Sarda chiliensis) 
c) Oriental bonito (Sarda orientalis) 
d) Other species of the genus Sarda. 
2. Species of the genus Euthynnus, with the exception of the species 
Euthynnus (Katsuwonus) pelamis 
a) Atlantic little tuna (Euthynnus alleteratus) 
b) Eastern little tuna (Euthynnus affinis) 
c) (Euthynnus lineatus) 
d) Other species of the genus Euthynnus. 
3. Species of the genus Auxis 
Frigate mackerel (Auxis thazard) 

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ISSN 0254-1475 
COM(91) 527 final 
DOCUMENTS 
EN 03 
Catalogue number : CB-CO-91-582-EN-C 
ISBN 92-77-78782-1 
Office for Official Publications of the European Communities 
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