Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) No 103/76 laying down common marketing standards for certain fresh or chilled fish
Date: 1993-05-19
Institutions: European Commission
Subjects: European standard, conservation of fish stocks, fishery product, fresh fish, marketing standard, refrigerated product

COMVIISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0M(93) 215 final 

Brussels,  19 May  1993 

Proposal  for a 

COUNCIL REGULATION  (EEC) 

amending Regulation  (EEC) No 103/76 laying down common  marketing 

standards for certain fresh or chilled  fish 

limita 

(presented  by  the Commission) 

*>WJ 

z 

EXPLANATORY  MEMORANDUM 

Council Regulation  (EEC) No 3759/92 of 17 December  1992 on the  common 

organization of the market  in fishery and aquaculture products added, as 

part of the reform of the common organization  of the market  in those 

products, new species to the lists of eligible products  set out  in Annexes I 

and VI to the Regulation. 

Common marketing  standards must now be laid down for those products, 

allowing them to be harmonized on the Community  market  and enabling guide 

and withdrawal prices to be set for each market size. 

Furthermore,  in order to guarantee consistency  between market  sizes of 

products, which are expressed  by weight, and biological  sizes of the species 

concerned,  expressed by  length, adjustments need to be made in a number of 

cases to the existing  standards so as to prevent  the risk of uncertainty  in 

the application of conservation  and market  regulation measures. 

These are the aims of this proposal  for a Council Regulation  amending 

Regulation  (EEC) No 103/76  laying down common marketing  standards for 

certain  fresh or chilled  fish. 

The proposed Regulation has no impact  on the Community  budget. 

proposal  for a 

Council Regulation  (EEC) No 

of 

3 

amending Regulation  (EEC) No 103/76 laying down common marketing 

standards for certain fresh or chilled  fish 

THE COUNCIL OF THE EUROPEAN COMMUNITIES, 

Having regard to the Treaty establishing the European Economic Community, 

Having regard to Council Regulation  (EEC) No 3759/92 of  17 December  1992 on 

the common organization of the market in fishery and  aquaculture 

products^1), and in particular Article 2(3) thereof, 

Having regard to the proposal  from the Commission, 

Whereas Regulation  (EEC) No 3759/92, in revising  certain mechanisms of the 

common organization of the market  in fishery products, introduces new 

products which are eligible for the assistance provided  for under those 

mechanisms;  whereas application of the mechanisms requires the setting of 

common marketing  standards  for the new products in question; 

Whereas Council Regulation  (EEC) No 103/76 of 19 January  1976, as last 

amended by Regulation  (EEC) No 33/89(2)t  lays down common marketing 
stardards  for certain fresh or chilled  fish(3), and should therefore be 

amended accordingly to include the new products eligible for assistance; 

Whereas the size standards  for certain fishery products provide for minimum 

market  sizes expressed by weight; whereas these standards must be fully 

consistent with the minimum biological sizes for the species concerned, 

expressed by length, applicable under Regulation  (EEC) No 3094/86 of 

(1) OJ No L 388, 31.12.1992, p. 1. 

(2) OJ No L  5,  7.1.1989, p. 18. 

(3) OJ No L 20, 28.1.1976, p. 29. 

7 October  1986 laying down certain technical measures  for the conservation 

of fishery resources(4); whereas,  in order to guarantee the necessary 

consistency,  adjustments  should be made to the minimum market  size of 

7 

certain products, 

HAS ADOPTED THIS REGULATION: 

Article 1 

Council Regulation  (EEC) No 103/76 is hereby amended as follows: 

(1) 

In the title the word  "fish" is replaced by  "fishery products". 

(2) 

In Article 3: 

(a) The first  sentence is replaced by the  following: 

"Marketing  standards are hereby  laid down for the  following 

species of sea fish and cephalopoda falling within CN codes 0302 

and 0307, with the exception of fish meat:". 

(b) The following  are added to the list: 

"- Flounder  (Platichthys  flesus) 

- Sole  (Solea spp.) 

- Scabbardfish  (Lepidopus caudatus and Aphanopus  carbo) 

- Cuttlefish  (Sepia officinalis and Rossia macrosoma)"; 

(c) The following  is added to the twenty*seventh  indent: 

"and Mediterranean  cod  (Trisopterus minutus)". 

(3) 

Annex B is replaced by the Annex to this Regulation. 

Article 2 

This Regulation shall enter  into force on the seventh day  following  L*-.& 

publication  in the Official Journal of the European  Communities. 

This Regulation  shall be binding  in its entirety  and directly  applicable in 

all Member States. 

Done at 

, 

For the Council 

(4) OJ No L 288, 11.10.1986, p. 1. 

A N N EX 

ANNEX B 

SIZING*1) 

S 

Herring (Clupea harengus) 

kg/fish 

nunber of fish to kg 

0,125 and over 

from 0,085 up to but excluding 0,125 

8 or less 

from 9 to 11 

a) from 0,050 up to but excluding 0,085 
b) from 0,036 up to but excluding 0,085 for Baltic Herring 

from 12 to 20 
from 12 to 27 

Sardines (Sardina pilchardus) 

kg/fish 

nunber of fish to kg 

0,100 and over 

from 0,055 up to but excluding 0,100 

from 0,031 up to but excluding 0,055 

a) from 0,015 up to but excluding 0,031 
b) from 0,011 up to but excluding 0,031 for Mediterranean 

10 or less 

from 11 to 18 

from 19 to 32 

from 33 to 67 
from 33 to 91 

sardines 

Dogfish 

(Scyliorhinus spp.) 

(Squatus acanthias) 

kg/fish 

2 and over 

kg/fish 

2,2 and over 

from 1 up to but excluding 2 

from 1 up to but excluding 2,2 

from 0,5 up to but excluding 1 

from 0,7 up to but excluding 1 

Redfish  (Sebastes spp.) 

Cod (Gadus morhua) 

kg/fish 

kg/fish 

2 and over 

7 and over 

from 0,6 up to but excluding 2 

from 4 up to but excluding 7 

from 0,35 up to but excluding 0,6 

from 2 up to but excluding 4 

- 

- 

from 1 up to but excluding 2 

from 0,3 up to but excluding 1 

Size 1 

Size 2 

Size 3 

Size 1 

Size 2 

Size 3 

Size 4 

Size 1 

Size 2 

Size 3 

Size 1 

Size 2 

Size 3 

Size 4 

Size 5 

(1) a)  The mininun sizes expressed in weight  laid down in this Annex shall also be regarded as being respected if the fish 
comply  with  the mininun  biological  sizes  expressed  in  terms  of  length  in the  technical  measures  for trv* 
conservation of fishery resources, 
In any case, the mininun biological sizes applicables in each region pursuant to Regulation (EEC) No. 3094/86 fiust 
be respected. 

b) 

Saithe  (Pollachius virens) 

Haddock (Melanograrmus aeglefinus) 

kg/fish 

kg/fish 

Size  1 

5 and over 

1 and over 

G 

Size  2 

Size  3 

Size  4 

Size 1 

Size 2 

Size 3 

Size 4 

Size 1 

Size 2 

Size 3 

Size 4 

Size 1 

Size 2 

Size 3 

Size 4 

Size 1 

Size 2 

Size 3 

Size 4 

Size 5 

from 3 up to but excluding 5 

from 0,57 up to but excludingl exclu 

from 1,5 up to but excluding 3 

de 0,3 à 0,57 exclu 

from 0,3 up to but excluding 1,5 

de 0,17 à 0,3 exclu 

Whiting (Merlangius merlangus) 

Ling (Molva spp.) 

kg/fish 

kg/fish 

0,5 and over 

5 and over 

from 0,35 up to but excluding 0,5 

from 2,5 up to but excluding 5 

from 0,25 up to but excluding 0,35 

from 1,5 up to but excluding 2,5 

from 0,11 up to but excluding 0,25 

Mackerel (Sconber scombrus and Sconber japonicus) 

kg/fish 

nunber of fish per 25 kg 

0,5 and over 

from 0,25 up to but excluding 0,5 

from 0,14 up to but excluding 0,25 

from 0,05 up to but excluding 0,14 

50 or less 

51 to 100 

101 to 175 

176 to 500 

Anchovies (Engraulis spp.) 

kg/fish 

nunber of fish to kg 

0,033 and over 

from 0,020 up to but excluding 0,033 

from 0,012 up to but excluding 0,020 

from 0,008 up to but excluding 0,012 

30 or less 

31 to 50 

51 to 83 

84 to 125 

Plaice 

(Pleuronectes platessa) 

Hake (Merluccius merluccius) 

kg/fish 

kg/fish 

0,6 and over 

2,5 and over 

from 0,4 up to but excluding 0,6 

from 1,2 up to but excluding 2,5 

from 0,3 up to but excluding 0,4 

from 0,6 up to but excluding  1,2 

from 0,15 up to but excluding 0,3 

from 0,28 up to but excluding 0,6 

from 0,2 up to but excluding 0,28 
from 0,15 up to but excluding 0,28  in case of 

Mediterranean hake 

Size 1 

Size 2 

Size 3 

Size 4 

Megrim  (lepidorhombus  s p p .) 

Ray's  bream  (Srarra  spp.) 

kg/fish 

kg/fish 

0,45 and over 

0,80 and over 

from 0,25 up to but excluding 0,45 

from 0,20 up to but excluding 0,80 

from 0,20 up to but excluding 0,25 

a) from 0,11 up to but excluding 0,20 

b) from 0,050 up to but excluding 0,20 in the 

case of Mediterranean megrim 

Monkfish (Lophius spp.) 

whole, gutted 

kg/fish 

without heads 

kg/fish 

Size 1 

10 and over 

3,75 and over 

Size 2 

Size 3 

Size 4 

Size 5 

from 6 up to but excluding 10 

from 2 up to but excluding 3,75 

from 3 up to but excluding 6 

from 1 up to but excluding 2 

from 1 up to but excluding 3 

from 0,5 up to but excluding 1 

from 0,5 up to but excluding 1 

from 0,2 up to but excluding 0,5 

8 

Dab 

(Limanda limunda) 

Lemon sole 

(Microstomas Kitt) 

Albacore 

(Thumus alalunga) 

Blucfin tuna 
(Thunnus  thymus) 

kg/fish 

kg/fish 

kg/fish 

kg/fish 

Size 1 

0,25 and over 

0,6 and over 

4 and over 

70 and over 

Size 2 

Si/e 5 

Size 4 

Size 5 

from 0,13 up to but 
excluding 0,25 

from 0,35 up to but exclu 
ding  0,6 
from 0,18 up to but  exi lu-
ding  0,35 

from 1,5 up to but exclu 
ding 4 

from 50 up to but excluding 70 

(run 25 n> to but  »*x< ' luding Si) 

from 10 up to but excluding 25 

from 6,4 up to but excluding 10 

Bigeye tuna 
(Thunnus obesus) 

Pollack 

(Pollachius pollachius) 

Bue whiting 

(Micromesistius poutassou 
or Gadus poutassou) 

Pout 

(Trisopterus luscus) and 

Mediterranean cod 

(Trisopterus minutus) 

kg/fish 

kg/fish 

Number of fish to kg 

kg/fish 

Size 1 

10 and over 

5 and over 

7 or less 

0,35 and over 

from 3,2 up to but 
excluding 10 

Size 2 

Size 3 

Size 4 

from 2,5 up to but exclu 
ding 5 
from 1,5 up to but exclu 
ding 2,5 
from 0,265 up to but 
excluding  1,5 

from 8 to 14 

from 15 to 25 

from 26 to 50 

from 0,25 up to but excluding 
0,35 
from 0,125 up to but excluding 
0,25 
from 0,05 up to but excluding 
0,125 

Bogue 
(Boops boops) 

PicareI 
(Maena smaris) 

Conger 
(Conger conger) 

Number of fish to kg 

Nunber of fish to kg 

kg/fish 

Size 1 
Size 2 
Size 3 

5 or less 
6  to 31 
32 to 70 

20 or less 
21 to 40 
41 to 90 

7 and over 

From 5 up to but excluding  7 
From 0,5 up to but excluding 5 

Gurnard (Trigla spp.) 

Red gurnard 

1 kg and over 

Other gurnards 

0,25 and over 

From 0,4 up to but excluding 1 kg 

From 0,2 up to but excluding 0,25 

From 0,2 up to but excluding  0,4 

0,06 to 0,2 

Size 1 

Size 2 

Size 3 

Size 3 

Horse mackerel 

(Trachurus spp.) 

Mullet 
(MugiI spp.) 

kg/fish 

kg/fish 

Skate 
(Raja spp.) 

kg/fish 

Skate (wings) 

kg/wings 

Size 1 

0,6 and over 

1 and over 

5 and over 

3 and over 

From 0,5 up to but 
excluding 1 
From 0,2 up to but 
excluding 0,5 
From 0,1 up to but 
excluding 0,2 

From 3 up to but 
excluding 5 
From 1 up to but 
excluding 3 
From 0,3 up to but 
excluding 1 

From 0,5 up to but 
excluding 3 

Size 2 

Size 3 

a)Size 4 

Size 5 

b)Size 4 

Size 5 

From 0,4 up to but 
excluding  0,6 
from 0,2 up to but 
excluding 0,4 
From 0,12 up to but 
excluding  0,2 
From 0,02 up to but 
excluding 0,12 
From 0,08 up to but 
excluding 0,2 
From 0,02 up tu but 
excluding 0,08 

Mediterranean 

Flounder  (Platichthys  flesus) 

(kg/fish) 

more than  0,3 
from 0,2 5 t;o 0,3 

Sole  (Solea spp. ) 

(kg/fish) 

0,5  and over 
from 0,35  up to but excluding 0,5 
from 0,25  up to but excluding  0,35 
from 0,17  up to but excluding  0,25 
from 0,14  up to but excluding  0,17 

Scabbardfish  (Lepidopus caudatus,Aphanopus carbo) 

(kg/fish) 

3 and over 
from 2 up to but excluding 3 
from  1 up to but excluding 2 
from 0,5  up to but excluding 1 

Size 1 
Size 2 

Size 1 
Size 2 
Size 3 
Size 4 
Size 5 

Size 1 
Size 2 
Size 3 
Size 4 

Cuttlefish  (Sepia officinalis,Rossia macrosoma) 

(kg/item) 

Size  1 
Size 2 
Size 3 

0,5  and over 
from 0,3  up to but excluding  0,5 
from 0,1  up to but excluding  0,3 

4o 

ISSN 0254-1475 

COM(93) 215 final 

DOCUMENTS 

EN 

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Catalogue number : CB-CO-93-241-EN-C 

ISBN 92-77-55818-0 

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