Proposal for a COUNCIL REGULATION amending Regulation (EC) No 2406/96 laying down common marketing standards for certain fishery products

(presented by the Commission)

EXPLANATORY MEMORANDUM

As part of market organisation reform, Annex IV to Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products added five new species to the list of products eligible for intervention mechanisms:

* Common scallop (Pecten maximus)

* Common whelk (Buccinum undatum)

* Striped or red mullet (Mullus surmuletus, Mullus barbatus)

* Black sea bream (Spondyliosoma cantharus).

So that they can be harmonised on the Community market, common marketing standards therefore need to be laid down for these species by amending Council Regulation (EC) No 2406/96.

Proposal for a COUNCIL REGULATION amending Regulation (EC) No 2406/96 laying down common marketing standards for certain fishery products

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 3759/92 of 17 December 1992 on the common organisation of the market in fishery and aquaculture products [1], and in particular Article 2(3) thereof,

[1] OJ L 388, 31.12.1992, p. 1, as last amended by Regulation (EC) No 3318/94 (OJ L 350, 31.12.1994, p. 15).

Having regard to the proposal from the Commission,

Whereas:

(1) Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products [2] repealed Regulation (EEC) No 3759/92 with effect from 1 January 2001;

[2] OJ L 17, 21.1.2000, p. 22.

(2) Annex IV to Regulation (EC) No 104/2000 also added five new species to the list of products eligible for intervention mechanisms under the common organisation of the markets;

(3) common marketing standards, harmonised throughout the Community market, therefore need to be laid down for those species by amending Regulation (EEC) No 2406/96 [3],

[3] OJ L 334, 23.12.1996, p. 1, as last amended by Regulation (EC) No 323/97 (OJ L 52, 22.2.1997, p. 8).

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2406/96 is hereby amended as follows:

1. Article 3:

a) in paragraph 1, the list under (a) shall be supplemented by the following indents:

" - Striped or red mullet (Mullus surmuletus, Mullus barbatus)

- Black sea bream (Spondyliosoma cantharus)"

b) in paragraph 1, a new point (d) shall be added:

"(d) Common scallop and other aquatic invertebrates falling under code NC 0307:

- Common scallop (Pecten maximus)

- Common whelk (Buccinum undatum)"

2. The first subparagraph of Article 4(3) shall be replaced by:

"The crab, common scallop and common whelk referred to in Article 3 shall not be classified according to specific standards of freshness."

3. Article 7(1) shall be replaced by:

"The products referred to in Article 3 shall be sized by weight or by number per kilogram. Shrimps and crabs, however, shall be graded in size categories by width of shell; common scallops and common whelks shall be graded in size categories by width of scallop."

4. In Annex II, the scale of sizes shall be supplemented by the size categories applicable to striped or red mullet, black sea bream, common scallop and common whelk, as specified in the annex to this Regulation.

Article 2

This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Communities.

It shall apply from 1 January 2001.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the Council

The President

ANNEX

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(1) Laid down in Regulation (EC) No 850/98.

(2) Laid down in Regulation (EC) No 1626/94.

(3) Shell width, measured at the widest point.