PROPOSAL FOR A COUNCIL REGULATION ( EEC ) LAYING DOWN COMMON MARKETING STANDARDS FOR PRESERVED SARDINES
Date: 1989-04-27
Institutions: European Commission
Subjects: labelling, marketing, marketing standard, preserved product, product designation, sea fish

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. 

- 2 -

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 
2 

OJNOL379,  31.12.1981,  p.  1. 
OJNoL  305,  10.11.1988,  p.  1. 

- 2 -

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 w i th  t he 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 

2 

QJNO L 33, 8.2.1979, p. 1. 

OJ No L 46, 21.2.1976, p. 1. 

-  3  -

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  s a r d i n es  m u s t,  to  t he  e x t e nt  r e q u i r ed  for  g o od 

m a r k et  p r e s e n t a t i o n,  be  a p p r o p r i a t e ly  t r i m m ed  of  t he 

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: 

- 4 -

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.' 
removal of backbone. 

as the basic product, but with the additional 

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-

- 5 -

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 

- 6 -

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; 

- 7 _ 

(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 

- 8 -

( 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  A r t i c l e,  must  be  reserved  for 

the  products  referred  to  in  Article  2. 

14 

-  9  -

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 

COM(89)  211  final 

ISSN 0254-1475 

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 

€ 

COMMISSION OF THE EUROPEAN COMMUNITIES 

27.4.1989