Proposal for a COUNCIL REGULATION ( EEC ) laying down common marketing standards for preserved tuna and bonito
Date: 1991-12-13
Institutions: European Commission
Subjects: labelling, marketing, marketing standard, preserved product, product designation, sea fish

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 

the 

At 
1989, 
preserved 
necessary 
priority 

time 
Reg. 

the 

of 
(EEC) 

studies 
N 

2136/89 

which 

led 

fixing 
Member 

the  Council 
common  marketing 
and 

to 

sardines, 
to 
being 

extend 
given 

several 
the 

to 

tuna 

exercise 
and 

States 
to 
bonito. 

other 

the 
fishery 

adopt, 

on  21 

standards 

Commission 

products, 

June 
for 
deemed 
with 

42  and  43  of 
ana 

bonlto 
speaking, 

the 

present 
on 

The 
fixing, 
common  organization 
Arts. 
tuna 
Generally 
product, 
preparation 
the 
the 
main 
stabilization 
competition 
profitability 

preparation 
provision 
purpose 

do  not 

is 

of 

of 
conditions 

of 

tuna 

draft 

regulation 

basis 

of  Art. 

is 

intended 
2  of  Council 
for 

to  meet 

this 
(EEC)  N 

Reg. 

fishery 

products, 

the  market 

of 
the  Treaty, 

marketed 
these 

affect 
concerning 

the 
the 

common  marketing 
Community 
which 

the 

which 

already 

ingredients 

in 

standards, 
rules 
various 

standards 
for 

apply 

only 

exist 
used 
public 
the 
by  means 

of 

the 
information 
ensure 
to 
the 

finished 

to 

product, 
consumers 
clarification, 

the 
market 
on 
production 

the 

the 

transparency 

and, 
Community 
the 
in 

consequently 

to 

garantee 

market 
Community. 

and 

to 

improve 

objective 

3796/81 

itself 

for 

human 
to 
or  which 

the 

as 

are 
raw  materials 
aspects 

health 

of 

labelling. 

on 
based 

by 
the 
on 
preserved 
consumption. 
finished 
under 
In 
or 
Their 
the 
fair 
the 

and 

With 
tuna 
provisions 
marketing 
context, 
marketed 

a  view 
and 

to 

bonito 
for 

ensuring 
producers 
sale 
the 

product 
has 

been 

market 
and 
of 
which 

transparency 

consumers, 

the 

products 

the 

does 

not  meet 

drawn 
tuna 

up  defining 
and  bonito 

the 

in 
draft 
concerned 
these 
the 

interests 
standards 
and 

provisions. 

of 
lay 

forbids 

In 
may 

which 

species 
respectively. 

the 

terms 

of 

of 

any 

list 

a 
under 

and 

list 
covering 

The  non-exhaustive 
the 
bonito) 
better 
providing 
of 
description 
the 
preparation 
the 

culinary 

information 
finished 

of  presentations 
further 
media 

for 
makes 

each 
it 

type 
possible, 
to 

of 

fish 
with 

(tuna 
a  view 

adapt 

the 

into 

account 

the 

type 

consumer, 
taking 

to 
product 
concerned. 

the 
by 

both 
down 
the 
this 
be 

or 
to 
trade 
of 

Pursing 
indicate 

the 

the 

same 
fish 

objective 

of  market 

transnparency, 

the 

labelling 

should 

content. 

"  A 9v^> -
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. J O. 

-  2 

Whereas 

Council 

Directive 

79/112/EEC 

of 

18  December 

1978 

on 

approximation 

of 

the 

laws 

of 

the  Member 

States 

related 

to 

labelling, 

presentation 

and  advertising 

of 

foodstuffs 

for 

sale 

to 

ultimate 

consumer,3 

as 

last 

amended 

by  Directive 

89/395/EEC,4 

Council  Directive 

76/211/EEC 

of  20  January 

1976  on  the  approximation 

the 

the 

the 

and 

of 

the 

laws 

of 

the  Member  States 

volume  of  certain 
78/891/EEC,6 

specify 

prepackaged 

relating 
products,5 

to  making-up 

by  weight 

or 

by 

as 

last 

amended  by 

Directive 

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 

required 

to 

state 

the 

fish 

content 

in 

the 

container; 

whereas 

be 

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, 
4  OJ  No  L  186, 
5  OJ  No  L  46, 
6  OJ  No  L  311, 
7  OJ  L  No  L  268, 

8.2.1979, 

30.6.1989, 

21.2.1976, 

4.11.1978, 

p. 

1. 

p. 

17. 

p. 

1. 

p. 

21. 

24.09.1991, 

p. 

15. 

-  3 

-

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. 

-  4  -

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; 

-  5  -

"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 

appropriate 

description 

as 

referred 

to 

in  Article 

3; 

provision 

shall 

be 

optional, 

however, 

in 

the 

case 

of 

the 

this 

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." 

-  6 

-

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 

procedure 

laid 

down  in  Article 

33  of  Regulation 

(EEC)  No  3796/81, 

the 

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) 
b) 
c) 
d) 

e) 

Albacore 
Yellowfin 
Bluefin 
Bigeye 

or 

longfinned 

tuna 

(Thunnus 

tuna 

(Thunnus 

tuna 

(Thunnus 

(neothunnus) 
thynnus) 

alalunga) 
albacares) 

tuna 

(Thunnus 

(parathunnus) 

obesus) 

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 
b)  Pacific 
c)  Oriental 
d)  Other 

bonito 

(Sarda 

sarda) 

bonito 

(Sarda 

bonito 

(Sarda 

species 

of 

the  genus 

chiliensis) 

orientalis) 
Sarda. 

2.  Species 

of 

the 

genus  Euthynnus, 

with 

the 

exception 

of 

the 

species 

Euthynnus 

(Katsuwonus) 

pelamis 

a)  Atlantic 
b)  Eastern 
c) 

little 

little 

tuna 

(Euthynnus 

tuna 

(Euthynnus 

alleteratus) 

affinis) 

(Euthynnus 

lineatus) 

d)  Other 

species 

of 

the  genus 

Euthynnus. 

3.  Species 

of 

the  genus 

Auxis 

Frigate 

mackerel 

(Auxis 

thazard) 

- 

• ?-

ISSN 0254-1475 

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DOCUMENTS 

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ISBN 92-77-78782-1 

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