Proposal for a COUNCIL REGULATION (EC) laying down common marketing standards for certain fishery products
Date: 1996-04-19
Institutions: European Commission
Subjects: fishery product, fresh fish, marketing standard, product quality, refrigerated product

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COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

Brussels,  19.04.1996 
COM(96)  157  final 

Proposal  for  a 

COUNCIL  REGULATION  (EC) 

laying  down  common  marketing  standards  for  certain  fishery  products 

(presented  by  the  Commission) 

EXPLANATORY  MEMORANDUM 

The Council, acting  in accordance  with  Article  2 of  Régulât, ion 
(EEC)  No  3759/92  on  the  common  organization  of  the  market  in 
fishery  and  aquaculture  products,  has  adopted  common  market inn 
standards  as follows: 

Regulation  (EEC)  No  103/76,  which  lays  down  standards 
applicable  to  certain  fishery  products  for  3!) species  of 
fish  and  one  species  of  cephalopod  presented  fresh  or 
chilled; 
Regulation  (EEC) No 104/76, which adopts standards  for four 
species  of  crustaceans  presented  live,  fresh,  chilled  or 
cooked. 

These Regulations have been amended,  added to and adjusted many-
times since they were  first adopted. 

It is again necessary  for a number of technical amendments  to bo-
made in order to bring the standards  into line with changes that 
have occurred  in production, markets  and business practice: 

by establishing  freshness  ratings distinguished  by product 
group,  which  will  make  grading  easier  through  the  use of 
simpler, more appropriate  freshness criteria; 

by  altering  the  sizes1 of  certain  products  as  a  result of 
changes  in production  conditions  or demand. 

Advantage  should  be  taken  of  the opportunity  afforded  by  these 
new  amendments  to  include  in  the  rules  in question  a number of 
improvements  and  new  provisions  that  have  become  essential  in 
terms both of  form and substance: 

» 

In order  to ensure  that  the  rules  are clear, are  properly 
applied  by  those  for  whom  they  are  intended,  and  to  make 
controls  easier,  all  these  provisions  should  above  all  be 
revised  into a single  legal  instrument; 

secondly,  the  Commission  proposes  strengthening  the 
effectiveness  of  marketing  standards  with  the  aim  of 
improving product quality; in view of consumers'  increasing 
and  totally  legitimate demands  in terms of product  quality 
and  freshness,  and  the  difficulty  of  securing 
satisfactory price for products, it is difficult  to imagine 
public  funding  continuing  to  be  made  available  for 
withdrawals  of  categories  of  products  the  market  no  long 
wants.  The  proposal 
compensation  and  support  under Articles  12, 12a, 14 and  15 
of  Regulation  (EEC)  No  3759/92  for  products  graded  in 
freshness category B. 

is  therefore  to  discontinue-

-i 

To  make  the  preparatory  work  in  the  Council  easier,  changes  to  sizes  in  Annex  II  of  the 
proposal  are  shown  in  italics. 

I 

Admittedly,  this  measure,  if  it  is  to  be  relevant,  will 
have  to  be  prolonged  when  the  prices  are  fixed,  by 
differentiating systematically between prices for Extra and 
A  grades  and  providing  higher  support  for  Extra  grade 
products. 

Finally,  in an altogether different  sphere,  it is proposed 
indicating  more  clearly  that  precedence  must  be  given  to 
technical  conservation  measures,  i.e.  minimum  biological 
sizes,  over  minimum  commercial  sizes,  where  there  is  a 
threat  that  these  two  types  of  provisions  may  be  in 
conflict on account of the different measurement units they 
apply.  Annex  II  therefore  contains  a  reminder  of  any 
minimum  biological  sizes  which  are  in  force  for  the 
products  in. question while the principle  itself  is set out 
expressly  in the body of the instrument. 

Proposal  for  a 

Council  Regulation  (EC)  No 

/96 

of 

1996 

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  organization 

of  the  market  in  fishery  and  aquaculture  products1,  as  last  amended  by  Regulation  (EC)  No  3318/942,  and  in 

particular  Article  2(3)  thereof 

Having  regard  to  the  proposal  from  the  Commission, 

Whereas  common  marketing  standards  were  laid  down  for  certain  species  of  fish  by  Regulation  (EEC)  No 

103/76  of  19  January  19763,  and  for  certain  species  of  crustaceans  by  Regulation  (EEC)  No  104/76  of  19 

January  19764;  whereas these  Regulations  have been amended  several  times  since their adoption,  most  recently 

by  Regulations  (EEC)  No  1935/935  and  (EC)  No  1300/956;  whereas  far-reaching  new  amendments  must  now 

be  made  to  them  in order  to  reflect  market  developments  and  changes  in trade  practices; whereas  it  is  therefore 

necessary  to  revise  these  provisions  entirely,  in  a  single  legal  instrument,  to  ensure  that  they  are  clear  and  can 

be  properly  applied;  whereas  Regulations  (EEC)  Nos  103/76  and  104/76  should  consequently  be  replaced; 

OJ  No  L 388,  31.12.1992,  p.  1. 
OJ  No  L 350,  31.12.1994,  p.  15. 
OJ  No  L  20,  28.  1.1976,  p.  29. 
OJ  No  L  20.  28.  1.1976,  p. 35. 
OJ  No  L  176,  20.  7.1993,  p.  1. 
OJ  No  L  126,  9.  6.1995,  p. 3. 

Whereas  the  principal  aims  of  the  common  marketing  standards  for  fishery  products  are  to  improve  product 

quality  and  thus  make  marketing  easier  to  the  benefit  of  both  producers  and  consumers;  whereas  since  fishery 

products are unprocessed  and are marketed  fresh  or chilled, their quality  is determined  largely  by their  freshness, 

which  is  assessed  on  the  basis  of  objective  criteria  by  organoleptic  examination;  whereas  if  batches  of  fishery 

products  are  to  be  uniformly  fresh,  they  must  consist  of  products  of  the  same  species,  from  the  same  fishing 

grounds  and  the  same  vessel  only; 

Whereas  a small  but adequate number of freshness  categories  should  be established  based on appropriate  ratings 

for  individual  product  groups;  whereas,  however,  in  view  of  the  need  to  support  quality  products,  not  all 

freshness  categories  should  be  permitted  to  qualify  for  the  intervention  mechanisms  introduced  as  part  of  the 

market  organization  arrangements; 

Whereas  the  common  marketing  standards  have  the  aim  also  of  defining  uniform  trade  characteristics  for  the 

products  in  question  across  the  entire  Community  market  in  order  to  prevent  distortions  of  competition  and, 

secondly,  to  enable  the  market  organization  price  arrangements  to  be  applied  uniformly;  whereas  to  that  end' 

there  should  be  a  requirement  that  fishery  products  be  graded  on  the  basis  of  size  categories  determined 

according  to  weight  or,  in  some  individual  cases,  according  to  size; 

Whereas the common  marketing  standards apply  when all the products concerned, of Community  origin or  from 

third  countries,  intended  for  human  consumption,  are  being  sold  for  the  first  time  on  Community  territory; 

whereas  the  standards  apply  without  prejudice  to  health  rules  or  rules  adopted  as  part  of  stock  conservation 

measures;  whereas  it  is  especially  important  to  recall  the  primary  importance,  in  all  circumstances,  of  any 

minimum  biological  sizes  in  force,  as  against  the  minimum  sizes  determined  for  fishery  products  by  the 

common  marketing  standards; 

Whereas  the  application  of  the  common  marketing  standards  to  products  coming  from  third  countries  means 

that  additional  information  must  be shown  on packaging;  whereas this information  need not be shown,  however, 

where  the products  are  brought  into the  Community  by  vessels  flying  the  flag  of a third  country  under  the  same 

conditions  as  Community  catches; 

Whereas,  in  view  of  normal  practice  in  most  Member  States,  it  is  advisable  that  the  industry  should  grade 

fishery  products  for  freshness  and  size;  whereas,  with  a  view  in  particular  to  assessing  freshness  on  the  basis 

of  organoleptic  criteria,  provision  should  be  made  for  the  collaboration  of  experts  appointed  for  this  purpose 

b>  the  trade  organizations  concerned; 

<3 

Whereas,  in order  to  keep each  other  informed,  each  Member  State  should  supply  the other  Member  States and 

the  Commission  with  a  list  of  the  names  and  addresses  of  the  experts  and  trade  organizations  concerned, 

HAS  ADOPTED  THIS  REGULATION: 

A-  GENERAL  PROVISIONS 

1. 

This  Regulation  lays  down,  for  certain  fishery  products,  common  marketing  standards  as  provided  for 

in  Article  2  of  Regulation  (EEC)  No  3759/92,  hereinafter  called  the  'basic  Regulation'. 

Article  1 

2. 

For  the  purpose  of  this  Regulation: 

a) 

'marketing' means the  first  offer  for  sale and/or  the first sale, on Community  territory,  for  human 

consumption; 

b) 

'lot' means a quantity of fishery  products of a given  species which has been  subjected  to the  same 

treatment  and  is  from  the  same  fishing  grounds  and  the  same  vessel; 

c) 

'fishing  grounds'  is  the  customary  name  given  by  the  fishing  industry  to  the  place  in  which 

catches  have  been  taken. 

3. 

The  provisions  of  this  Regulation  relating  to  the  freshness  categories  for  fishery  products  shall  apply 

without  prejudice  to  the  requirements  of  Directive  91/493/EEC  of  22 July  1991  laying  down  the  health 

conditions  for  the  production  and  the  placing  on  the  market  of  fishery  products7. 

OJ  No  1.  268,  24.9.1991,  p.  15.  -  Directive  amended  by  Directive  95  71  EC  o( 
22.12.1995.  (OJ  No  L  332,  30.12.1995,  p.  40.) 

L 

fishery  products  as  specified 

in  Article  3.  of  Community  origin  or  from  third  countries,  may  be 

marketed  only  if  they  meet  the  requirements  of  this  Regulation. 

Article  2 

This  Regulation  shall  not.  however,  apply  to  small  quantities  of  products  disposed  of  directly  to  retailers 

or  consumers  by  inshore 

fishermen. 

Detailed  rules  for  the  application  of  this  Article  shall  be  adopted  in  accordance  with  the  procedure  laid 

down  in  Article  32  of  the  basic  Regulation. 

Common  marketing  standards  are  hereby  laid  for  the  following  products: 

Article  3 

(a) 

Saltwater  fish  falling  under  CN  code  0302: 

Plaice 

(Plcwonectes 

platessa) 

Albacorc  or  longfinned  tuna  {Thunnus 

alalunga) 

Blue fin tuna 

Bigeye  tuna 

(Thunnus 

thymus) 

(Thunnus  or  Parathunnus 

obesus) 

Herring  of  the  species  Clupea 

harengus 

Cod  of  the  species  (jadus  morhua 

Sardine  of  the  species  Sardina 

pilchardus 

Haddock 

Coal fish 

Pollack 

(Mclanogrammus 

acglefinus) 

(Pollachius 

virens) 

(Pollachius 

pollachius) 

Mackerel  of  the  species  Scomber 

scomhrus 

Mackerel  ol  the  species  Scomber 

japonicus 

Horse  mackerel 

(Trachurus 

spp.) 

Dogfish 

{Sc/ualus  acanlhias  and  Scyliorhinus 

spp.) 

Red 

fish 

(Se basics 

spp.) 

W h i t i ng 

(.YIerlangius  mcrlangus) 

Blue  whiting 

(Micromesislius  poulassou  or  Gadus 

poutassou) 

L i ng 

(Molva  spp.) 

- Anchovy 

(Engraulis spp.) 

- Hake of the species Merluccius merluccius 

- Megrim 

- Ray's bream 

- Monkfish 

- Dab 

(Lepidorhombus spp.) 

(Brama spp.) 

(Lophius spp.) 

(JLimanda  limanda) 

- Lemon sole 

(Microstomus  kitt) 

- Pouting {Trisopterus  luscus),  and poor cod/Mediterranean cod (Trisopterus  minutus) 

- Bogue 

- Picarel 

- Conger 

-Gurnard 

-Mullet 

-  Skate 

(Boops  boops) 

(Maena smarts) 

(Conger conger) 

(Trigla spp.) 

(Mugil spp.) 

(Raja spp.) 

- Common 

flounder 

(Platichthys  flesus) 

- Sole 

(Solea spp.) 

- Scabbardfish 

(Lepidopus  caudatus  and Aphanopus carbo) 

(b) Crustaceans falling under CN code 0306: 

Shrimps (Crangon  crangon)  and prawns (Pandalus  borealis) 

Edible crabs (Cancer pagurus) 

Norway lobsters (Nephrops  norvegicus) 

presented live, fresh or chilled, or cooked by steaming or by boiling  in water. 

(c) Cephalopods falling  under CN code 0307: 

Cuttlefish  (Sepia  officinalis  and Rossia  macrosoma). 

2. 

The marketing standards referred to in paragraph  1 shall comprise: 

(a) freshness categories, and 
(b) size categories. 

« 

B.  FRESHNESS  CATEGORIES 

1. 

The  freshness  category  of  each  lot  shall  be  determined  on the  basis  of the  freshness  of  the  product  and 

a  number  of  additional  requirements. 

Article  4 

Freshness  shall  be  defined  by  reference  to  the  special  scales  for  different  types  of  products  set  out  in 

Annex  I to  this  Regulation. 

2. 

On the basis of the scales referred  to in paragraph  2, products as specified  in Article  3 shall  be  classified 

by  lot  in  one  of  the  following  freshness  categories: 

a) 

b) 

Extra,  A  or  B  in  the  case  of  fish,  cephalopods  and  Norway  lobster 

Extra  or  A  in  the  case  of  shrimps. 

However,  live  Norway  lobsters  shall  be  classified  in  category  E. 

3. 

Crab  as  specified  in  Article  3  shall  not  be  subject  to  specific  freshness  standards. 

However,  only  whole  crabs,  excluding  berried  females  or  soft-shelled  crabs,  may  be  marketed. 

1. 

Each  lot  must  contain  products  of  the  same  degree  of  freshness.  A  small  lot  need  not,  however,  be  of 

uniform  freshness;  if it is not, the lot shall be placed  in the lowest freshness  category  represented  therein. 

Article  5 

2. 

The  freshness  category  must be clearly  and  indelibly  marked,  in characters  which  are at  least  5 cm  high, 

on  labels  affixed  to  the  lot. 

Article  6 

1. 

Fish,  cephalopods  and  Norway  lobster  as  specified  in  Article  3  placed  by  lot  in  category  B  shall  be 

ineligible  in  so  far  as  that  lot  is  concerned  for  the  financial  assistance  granted  in  respect  of  withdrawal 

as  provided  for  in  Articles  12,  12a,  14 and  15  of  the  basic  Regulation. 

2. 

Fish  in  freshness  category  Extra  must  be  free  from  pressure  marks,  injuries,  blemishes  and  bad 

discolouration. 

3. 

Fish  in  freshness  category  A  must  be  free  from  blemishes  and  bad  discolouration.  A  very  small 

proportion  with  slight  pressure  marks  and  superficial  injuries  shall  be  tolerated. 

4. 

When  products  are  being  classified  by  freshness  category,  without  prejudice  to  the  health  rules 

applicable, the  presence  of parasites  and  their  possible  effect  on the quality  of the  product  shall  also  be 

taken  into  consideration,  allowance  being  made  for  the  type  of  product  and  its  presentation. 

5. 

Detailed  rules  for  the  application  of  this  Article  shall  be  adopted,  where  necessary,  in  accordance  with 

the  procedure  laid  down  in  Article  32  of  the  basic  Regulation. 

C.  SIZE  CATEGORIES 

1. 

Fishery  products  as  specified  in  Article  3  shall  be  sized  by  weight  or  by  number  per  kilogramme. 

Shrimps  and  crabs,  however,  shall  be  graded  in  size  categories  by  width  of  shell. 

Article  7 

2. 

The  minimum  sizes  established  by  this  Regulation,  in  accordance  with  the  scale  set  out  in  Annex  II, 

shall  apply  without  prejudice  to  the  minimum  lengths  required  under  Regulations: 

(EEC) No  1866/86 of  12 June  1986 laying  down  certain  technical  measures  for  the  conservation 

of  fishery  resources  in  the  waters  of  the  Baltic  Sea,  the  Belts  and  the  Sound8; 

(EEC)  No  3094/86  of  7  October  1986  laying  down  certain  technical  measures  for  the 

conservation  of  fishery  resources9; 

(EC)  No  1626/94  of  27  June  1994  laying  down  certain  technical  measures  for  the  conservation 

of  fishery  resources  in  the  Mediterranean10. 

For  the  purposes  of  control  by  the  competent  authorities,  the  minimum  biological  sizes  to  be  observed 

in any  event are  shown  in Annex  II where they  apply  to the species covered by the marketing  standards. 

Article  8 

OJ  No  L  162,  18.6.1986, p.  1. - Regulation  last amended  by Regulation  (EC)  No 
2250/95  (OJ  No  L  230,  27.9.1995,  p.  1.). 
OJ  No  L  288,  11.10.1986,  p.  1.  -  Regulation  last  amended  by  Regulation  (EC) 
No  3071/95,  22.12.1995  (OJ  No  L  329,  30.12.1995, p.  14.) 
O J No  L  171, 6.7.1994,  p.  1. 

10 

4o 

1. 

Lots  shall  be  placed  in  size  categories  in  accordance  with  the  scale  set  out  in  Annex  II. 

2. 

Each  lot  must  contain  products  of  the  same  size.  A  small  lot  need  not,  however,  be  of  uniform  size; 

if  it  is  not,  the  lot  shall  be  placed  in  the  lowest  size  category  represented  therein. 

3. 

The size category  and presentation  must be clearly  and  indelibly  marked,  in characters  which  are at  least 

5  cm  high,  on  labels  affixed  to  the  lot. 

The  net  weight  in  kilogrammes  shall  be  clearly  and  legibly  marked  on  each  lot.  Where  lots  are  put  up 

for  sale  in  standard  boxes, the net  weight  need  not be  shown  if the contents  of the  box  are  shown  when 

weighed  prior  to  being  put  up  for  sale  to  correspond  to  the  presumed  contents. 

4. 

Detailed  rules for  the application  of this Article, in particular  as regards the method  of weighing  and  the 

determination  of  a variation  in  the  net  weight,  above  or  below  that  marked  or  presumed,  permitted  for 

each  lot,  shall  be  adopted  in  accordance  with  the  procedure  laid  down  in  Article  32  of  the  basic 

Regulation. 

Article  9 

Pelagic  species  may  be  graded  in  the  different  categories  of  freshness  and  size  on  the  basis  of  a  system  of 

sampling.  This  system  must  ensure  that  the  freshness  and  size  of  the  products  contained  in  the  lot  are  as 

uniform  as  possible. 

Detailed  rules  for  the  application  of  this  Article,  in  particular  for  determining  the  number  of  samples  to  be 

taken,  the  weight  or  volume  of  fish  in  each  sample,  and  the  methods  for  assessing  the  grading  and  verifying 

the  weight  of  lots  offered  for  sale  shall  be  adopted  in  accordance  with  the  procedure  laid  down  in  Article  32 

of  the  basic  Regulation. 

In order  to  ensure  local  or  regional  supplies  of  shrimps  and  crabs  for  certain  coastal  zones  of  the  Community, 

exemptions  from  the  minimum  sizes  specified  for  these  products  in  Annex  II  may  be  adopted. 

Article  10 

The  zones  in  question  shall  be  determined  and  the  corresponding  marketing  sizes  adopted  in  accordance  with 

procedure  laid  down  in  Article  32  of  the  basic  Regulation. 

M 

D.  PRODUCTS  FROM  THIRD  COUNTRIES 

1. 

Without  prejudice  to  Article  2(1),  products  as  specified  in  Article  3 imported  from  third  countries  may 

be  marketed  only  if  they  are  presented  in  packages  on  which  the  following  information  is  clearly  and 

Article  11 

legibly  marked: 

country  of  origin,  printed  in  roman  letters  at  least  20  mm  high; 

scientific  name  of  product  and  its  trade  name; 

presentation; 

freshness  and  size  categories; 

net  weight  in  kg  of  products  in  the  package; 

date  of  grading  and  date  of  dispatch; 

name  and  address  of  consignor. 

2. 

However,  products  as specified  in Article  3 landed  in a Community  port direct  from  the  fishing  grounds 

from  vessels  flying  the  flag  of  a third  country  and  intended  for  marketing  shall  be  subject  to  the  same 

provisions  as  are  applicable  to  Community  catches. 

E.  FINAL  PROVISIONS 

The  fishing  industry  shall  grade fishery  products  for  freshness  and  size  in collaboration  with experts  designated 

for  that  purpose  by  the  trade  organizations  concerned. 

Article  12 

Article  13 

Each Member  State shall provide the other Member States and the Commission,  not  later than one month  before 

this  Regulation  enters  into  force,  with  a  list  of  the  names  and  addresses  of  the  experts  and  trade  organizations 

referred  to  in Article  12.  The  other  Member  States  and the  Commission  shall  be  informed  of  any  amendments 

to  this  list. 

Council  Regulations  (EEC) Nos  103/76 and  104/76 are hereby  repealed.  References  to those  Regulations  shall 

be  understood  to  apply  to  this  Regulation. 

Article  14 

42 

This  Regulation  shall  enter  into  force  on  1 January  1997. 

Article  IS 

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

Done  at Brussels, 

For the  Council 

Ah 

ANNEX I 

FRESHNESS RATINGS 

The ratings established  in this Annex apply to the following  products or groups of products, 

by reference to appraisal criteria specific  to each of them 

A. Whitefish 

Haddock, cod,  saithe, pollack,  redfish, whiting, blue whiting,  ling, hake, Ray's bream, monkfish,  pouting and 

poor cod, bogue, picarel, conger, gurnard, mullet, plaice, megrim, sole, dab, lemon sole, flounder, scabbard  fish 

B. Bluefish 

Albacore or longfinned  tuna, bluefm tuna, bigeye tuna, herring, sardines, mackerel, horse mackerel, anchovy 

C. Selachii 

Dogfish,  skate 

D.  Cephalopods 

Cuttlefish 

E. Crustaceans 

1. Shrimps 

2. Norway  lobster 

/!4 

A.  WHITEFISH 

CRITERIA 

FRESHNESS  CATEGORY1 

Extra 

A 

B 

Skin 

Bright,  iridescent 

Pigmentation  bright  but 

Pigmentation  in the 

pigmentation  (save  for 

not  lustrous;  slight 

process  of  becoming 

redfish)  or  opalescent; 

discolouration. 

discoloured  and  dull. 

no  discolouration. 

Skin  mucus 

Aqueous,  transparent. 

Milky. 

Yellowish  grey, 

slightly  speckled. 

Eye 

Convex  (bulging); 

Flat;  pupil  slightly 

Slightly  concave;  grey 

black,  bright  pupil  ; 

opaque;  opalescent 

pupil;  opaque 

transparent  cornea. 

cornea  . 

discoloured  cornea. 

Gills 

Dark  or  bright  red; 

Red  or  pink;  slightly 

Brown/grey  becoming 

transparent  mucus  . 

opaque  mucus  . 

discoloured;  thidk, 

opaque  mucus. 

Peritoneum 

Smooth;  bright; 

Slightly  dull;  difficult 

Speckled;  comes  away 

(in  gutted  fish) 

difficult  to detach  from 

to detach  from  flesh. 

easily  from  flesh. 

flesh. 

Smell  of  gills  and 

Fresh;  seaweedy; 

No  smell,  neutral  smell 

Fermented;  slightly 

abdominal  cavity 

seafood. 

or  slightly  sweetish. 

sour. 

- whitefish  other  than 

plaice 

-  Plaice 

Fresh  oily;  metallic; 

Oily;  seaweedy  or 

Oily;  fermented, 

peppery;  earthy  smell. 

slightly  sweetish. 

musty,  slightly  rancid. 

In  the  case  of  monkfish  without  head,  grading  will  be  made  on  the  basis  of  the 
headings  applicable  thereto. 

45 

B  BLUEFISH 

CRITERIA 

FRESHNESS CATEGORY 

Extra 

A 

B 

Skin 

Bright  pigmentation, 

Loss of  lustre  and 

Dull,  lustreless,  insipid 

bright,  shining 

shine;  duller  colours; 

colours;  skin creased 

iridescent  colours;  clear 

less difference  between 

when fish curved. 

distinction  between 

dorsal  and  ventral 

dorsal  and  ventral 

surfaces. 

surfaces. 

Skin  mucus 

Aqueous,  transparent. 

Milky,  slightly 

Brownish 

brownish 

Consistency  of  flesh 

Very  firm,  rigid. 

Fairly  rigid,  firm. 

Slightly  soft 

Gill  covers 

Silvery. 

Silvery,  slightly  red  or 

Brownish  and 

brown. 

extensive  seepage of 

blood  from  vessels.. 

Eye 

Convex,  bulging;  blue-

Less convex  to  flat; 

Flat  to slightly 

black  bright  pupil, 

slightly  veiled  pupil, 

concave;  veiled 

transparent  'eyelid'. 

veiled  'eyelid'. 

crystalline  lens;  blood 

seepage  around  eye 

(spectacles). 

Gills 

Uniformly  bright  red  to 

Less  bright  colour, 

Becoming  discoloured, 

purple. 

paler  at edges. 

mucus  more  plentiful. 

Smell  of  gills 

Fresh  seaweed; 

Thin  or  odourless, 

Slightly  sulphureous 

pungent;  iodine; 

sweetish  fishoil  or  mud. 

fatty  smell,  rancid 

metallic. 

bacon  cuttings  or 

rotten  fruit. 

/*> 

C.  SELACHII 

CRITERIA 

FRESHNESS  CATEGORY 

Extra 

A 

B 

Eye 

Convex,  very  bright 

Convex  to  flat;  clear 

Flat  to concave; 

and  iridescent;  small 

green  having  lost  its 

slightly  yellowish,  dull 

pupils 

brightness  and 

iridescence,  oval  pupils 

Appearance 

In rigor  mortis  or 

Beyond  rigor  stage;  no 

Thick  mucus  in  mouth 

partially  in rigor;  small 

mucus  on skin  and 

and on gill  openings; 

quantity  of  clear  mucus 

especially  in mouth  and 

slightly  flattened  jaw 

present  on  skin 

gill  openings 

Smell 

Fresh,  sea  smell 

No smell  or  slight 

Ammonia  smell;  sour 

musty  but  not  an 

ammonia  smell 

4} 

D. CEPHALOPODS 

CRITERIA 

FRESHNESS  CATEGORY 

Extra 

A 

B 

Bright  pigmentation, 

Dull  pigmentation  ; 

Discoloured;  easily 

skin  sticks  to  flesh. 

skin  sticks  to  flesh. 

detached  from  flesh. 

Very  firm;  pearly 

Firm;  chalky  white. 

Slightly  soft;  pinky 

white. 

white or  slightly 

yellowing. 

Resistant  to  removal. 

Resistant  to removal. 

More easily  removed. 

Fresh;  seaweed  . 

Slight or  no smell. 

Ink smell. 

Skin 

Flesh 

Tentacles 

Smell 

4 

E.  CRUSTACEANS 

(1)  Shrimps 

CRITERIA 

FRESHNESS  CATEGORY 

Extra 

A 

Minimum 

-  surface  of  shell  : moist  and  shiny; 

The  same  as  for  Extra  category 

requirements 

-  shrimps  must  fall  out  separately  when 

transferred  from  one container  to  another; 

-  flesh  must  be  free  from  any  foreign  odour; 

-  shrimps  must  be  free  from  sand,  mucus  and 

other  foreign  bodies; 

Appearance  of 

very  incurred; 

incurved; 

shrimp  with 

-  shrimps:  bright  brownish-red  verging on  grey; 

-  slightly  washed-out  reddish-

shell 

pectoral  part  of  shell  predominantly  light  in 

brown  colour;  pectoral  part  of 

colour 

shell  predominantly  dark 

- pink  with possibility  of  start  of 

- deep-water  prawn:  uniformly  pink 

blackening  of céphalothorax 

Condition  of 

- shells  easily  with  technically  unavoidable  losses 

-  shells  less  easily  with  small 

flesh  during  and 

of  flesh 

after  shelling 

-  firm  but  not  tough; 

losses  of  flesh; 

-  less  firm,  slightly  tough 

Fragments 

occasional  fragments  of  shrimp  allowed 

small  quantity  of  fragments  of 

shrimp  allowed 

M 

(2) 

Norway  lobster 

CRITERIA 

FRESHNESS  CATEGORY 

EXTRA 

A 

B 

Shell 

Pale  pink  or  pink  to 

Pale pink  or  pink  to 

Slight  discoloration; 

orange-red 

orange-red; 

some black  spots  and 

No black  spots. 

greyish  colour, 

particularly  on  shell 

and between  tail 

segments 

Eye  and  gills 

Shiny  black  eyes;  pink 

Eyes  dull  and 

Gills dark  grey  or 

gills. 

grey/black;  gills 

some  greenish  colour 

greyish. 

on dorsal  surface  of 

shell. 

Smell 

Characteristic  mild 

Loss  of  characteristic 

Slightly  sour. 

shellfish  smell. 

shellfish  smell.  No 

ammonia  smell. 

Flesh  (tail) 

Translucent  and  blue  in 

No  longer  translucent 

Opaque  and dull  in 

colour  tending  towards 

but  not  discoloured. 

appearance. 

white. 

o fc 

ANNEX  II 
SIZE  CATEGORIES 

Scale of  weights 

Minimum  sizes to be observed  in the conditions  laid down  in the 
Regulations  referred to in Article 7 

Species 

Herring 
(Clupea  harengus) 

Size 
1 
2 
3 
4 

Kg/fish(1) 
0,25 and  over 
0,125 to  0,25 
0,085  to 0,125 
0,05 to  0,085 

Baltic,  north of 
59°30' 

Sardines 
(Sardina  pilchardus 

Mediterranean 
Spotted  dogfish 
(Scyliorhinus  spp.) 

Piked  dogfish 
(Squalus  acanthias 

Redfish 
(Sebastes  spp.) 

Cod 
(Gadus  morhua) 

Saithe 
(Pollachius  virens) 

Haddock 
(Melanogrammus 
aeglefinus) 

Whiting 
(Merlangius 
merlangus) 

5 

1 
2 
3 
4 

1 
2 
3 
1 
2 
3 
1 
2 
3 
1 
2 
3 
4 
5 
1 
2 
3 
4 

1 
2 
3 
4 
1 
2 
3 
4 

0,031 to  0,05 
0,067  and 
over 
0,042  to  0,067 
0,032  to  0,042 
0,015  to  0,032 
0,011  to  0,032 
2 and  over 
1 to 2 
0,5  to 1 
2,2 and  over 
1 to  2,2 
0,5  to 1 
2 and  over 
0,6  to 2 
0,35  to  0,6 
7 and over 
4 to 7 
2 to 4 
1 to 2 
0,3 to 1 
5 and  over 
3 to 5 
1,5 to 3 
0,3 to  1,5 

1 and  over 
0,57  to 1 
0,37  to  0,57 
0,17 to  0,37 
0,5  and  over 
0,35 to  0,5 
0,25 to  0,35 
0,11  to  0,25 

Number  of 
fish/kg(2) 
4  or  less 
5  to  8 
9 to  11 
12 to 20 

20 to  32 

15 or  less 
16 to  24 
25 to  32 
33 to 67 
33 to 91 

-

-

-

-

-

-

Region 
1 
2 

3 

Geographical  area 
ICES Vb  (EC zone) 
(a) 
(b) 

Minimum  size 
20  cm 
20  cm 
18  cm 
20  cm 

not yet  determined 

-

-

-

35  cm 
35  cm 
30  cm 
35  cm 
30  cm 
35  cm 
35  cm 
30  cm 
35  cm 
30  cm 
30  cm 
30  cm 
27  cm 
30  cm 
27  cm 
23  cm 
23  cm 
23  cm 

1 
2 

3 
Baltic 
1 
2 

3 
Baltic 
1 
2 

3 
1 
2 

3 

(a) 
(b) 

South of 59°30'N 

(a) 
(b) 

South  of 59°30'N 
ICES Vb (EC zone) 
(a) 
(b) 

(a) 
(b) 

(1 ) The  categories  of weights  include fish from the lower  limit up to, but excluding, the upper  limit. 
(2)  For  mackerel  of  both  species,  number  of fish / 25kg. 
(a)  Except  Skagerrak  and  Kattegat 
(b)  Skagerrak  and  Kattegat 

n 

Scale  of weights 

Minimum  sizes  to  be observed  in the conditions  laid down  in the 
Regulations  referred to in Article  7 

Species 

Ling 
(Molva  spp.) 

Mackerel of the 
species  Scomber 
scombrus 
Mediterranean 

Size 
1 
2 
3 
4 
1 
2 
3 

Kg/fish(1) 

5 and over 
3  to 5 
1,5 to 3 
less  than  1,5 
0,5  and  over 
0,2 to  0,5 
0,1 to  0,2 
0,08  to  0,2 

Mackerel of the 
species 
Scomber 
japonicus 
Anchovy 
(Engraulis  spp.) 

Plaice 
(Pleuronectes 
platessa) 

Hake 
(Merluccius 
merluccius) 

Mediterranean 
Megrim 
(Lepidorhombus 
spp.) 

Mediterranean 
Ray's  bream 
(Brama  spp.) 
Monkfish 
(Lophius  spp.) 
whole,  gutted 

1 
2 
3 
4 
1 
2 
3 
4 
1 
2 
3 
4 

1 
2 
3 
4 
5 

1 
2 
3 
4 

1 
2 
1 
2 
3 
4 
5 

0,5  and  over 
0,25  to  0,5 
0,14 to  0,25 
0,05 to  0,14 
0,033 and  over 
0,020 to 0,033 
0,012  to 0,020 
0,008 to  0,012 
0,6  and  over 
0,4 to  0,6 
0,3  to  0,4 
0,15 to  0,3 

2,5  and  over 
1,2 to  2,5 
0,6 to  1,2 
0,28  to  0,6 
0,2  to  0,28 
0,15 to  0,28 
0,45  and over 
0,25  to  0,45 
0,20 to  0,25 
0,11  to  0,20 
0,05  to 0,20 
0,8  and  over 
0,2 to  0,8 
8 and  over 
4  to 8 
2  to 4 
1  to 2 
0,5  to 1 

Number  of 
fish/kg(2) 

-

50 or  less 
51 to  125 
126 to 250 
126 to 325 

-

30 or  less 
31 to 50 
51 to 83 
84 to  125 

-

-

-

-

-

Region 
1 
2 

Geographical  area 

Minimum  size 

(a) 
(b) 

not yet  fixed 

63  cm 
20  cm 
20  cm 
30  cm 
20  cm 
20  cm 
18  cm 

-

12  cm 
10 cm 
9  cm 

25  cm 
25  cm 
27  cm 
27  cm 
25  cm 
25  cm 
21  cm 

18  cm 
30  cm 
30  cm 
30  cm 
27  cm 
20  cm 

25  cm 
25  cm 
25  cm 
20  cm 

-

not yet  fixed 

not yet  fixed 
30  cm 

except  North  Sea 
North  Sea 

Mediterranean 

except  ICES IXa) 
ICES  IXa) 
Mediterranean 

(a) 
(b) 
North  Sea 

subdivisions  22 to 25 
subdivisions  26 to 28 
subdivisions  29 ] 
South of 59°30'N 

(a) 
(b) 

Mediterranean 

(a) 
(b) 

(a) 
(b) 

Mediterranean 

3 
1 
2 

3 
5 

3 
3 

1 
2 

3 
Baltic 

1 
2 

3 

1 
2 

3 

1 
2 

3 

21 

Minimum  sizes to be observed  in the conditions  laid down  in the 
Regulations  referred to in Article 7 

Number  of 
fish/kg(2) 

Region 

Geographical  area 

Minimum  size 

-

-

-

-

-

-

7 or  less 
8 to  14 
15 to 25 
26 to  30 

Scale of weights 

Size 
1 
2 
3 
4 
5 
1 
2 

Kg/fish(1) 
4 and  over 
2  to 4 
1 to 2 
0,5  to 1 
0,25  to 0,5 
0,25  and over 
0,13 to  0,25 

0,6  and over 
0,35  to 0,6 
0,18 to  0,35 

4 and over 
1,5 to 4 

70 and over 
50 to 70 
25 to 50 
10 to 25 
6,4 to  10 
10 and over 
3,2 to 10 
5 and over 
3 to 5 
1,5 to 3 
0,3 to 1,5 

-

Species 

Monkfish 
(Lophius  spp.) 
head  removed 

Dab 
(Limanda 
limanda) 

Lemon  sole 
(Microstomus 
kitt) 

Albacore 
or long-finned  tuna 
(Thunnus 
alalunga) 
Blue-fin  tuna 
(Thunnus 
thynnus) 

Big-eye  tuna 
(Thunnus  obesus) 
Pollack 
(Pollachius 
pollachius) 

Blue 
whiting 
(Micromesistius 
poutassou  ou 
Gadus  poutassou) 
Pouting 
(Trisopterus  luscus 
and  Poor 
cod 
(Trisopterus 
minutus) 
Bogue 
(Boops  boops) 

Picarel 
(Maena  sararis) 

1 
2 
3 

1 
2 

1 
2 
3 
4 
5 
1 
2 
1 
2 
3 
4 
1 
2 
3 
4 

1 
2 
3 
4 

1 
2 
3 
1 
2 
3 

0,4 and  over 
0,25  to 0,4 
0,125  to  0,25 
0,05 to  0,125 

-

-

-

5 or  less 
6 to  31 
32 to  70 
20 or  less 
21 to 40 
41 to 90 

1 
2 

3 
1 
2 

3 

1 
2 

3 

3 

(a) 
(b) 
North  Sea 

(a) 
(b) 

-

15 cm 
15 cm 
23  cm 
23  cm 
23  cm 
25  cm 
25  cm 
25  cm 
25  cm 

-

Mediterranean 

70 cm ou 6,4  kg 

(a) 
(b) 

-

30  cm 

30  cm 

-

not yet  fixed 

-

-

Scale of weights 

Minimum  sizes  to  be observed  in the conditions  laid  down  in the 
Regulations  referred  to  in Article  7 

Species 

Conger  eel 
(Conger  conger) 

Size 
1 
2 
3 

Kg/fish(1) 

7 and  over 
5 to 7 
0,5 to 5 

Gurnard 
(Trigla  spp.) 
Tub  gurnard 

Other 
Gurnard 

Horse  mackerel 
(Trachurus  spp.) 

Mullet 
(Mugil  spp.) 

Skate 
(Raja  spp.) 

Skate 
(wings) 
Flounder 
(Platichthys 
Flesus) 

Sole 
(Solea  spp.) 

Frostfish 
(Lepidopus 
caudatus) 

1 
2 
3 
4 
5 
1 
2 
3 
4 
5 
1 
2 
3 
4 
5 
1 
2 
3 
4 

1 
2 
3 
4 
1 
2 
1 
2 

1 
2 
3 
4 
5 
6 
7 
1 
2 
3 
4 

1 and  over 
0,5 to  1 
0,35 to 0,5 
0,2 to  0,35 
less  than  0,2 
1  and  over 
0,5 to  1 
0,35 to 0,5 
0,25  to 0,35 
0,2 to  0,25 
0,6  and  over 
0,4 to  0,6 
0,2 to  0,4 
0,08 to 0,2 
0,02 to 0,08 
1 and  over 
0,5 to 1 
0,2 to  0,5 
0,1 to  0,2 

5 and  over 
3 to 5 
1 to 3 
0,3 to 1 
3 and over 
0,5 to 3 
over  0,3 
0,2 to  0,3 
inclusive 

0,8 and  over 
0,6 to  0,8 
0,4 to  0,6 
0,3 to  0,4 
0,2 to  0,3 
0,16 to  0,2 
0,12 to  0,16 
3 and  over 
2 to 3 
1 to 2 
0,5 to 1 

Region 
1 
2 

3 

1 
2 
3 
5 

1 
2 

3 

1 
2 

3 
Baltic 

1 
2 

3 

Number  of 
fish/kg(2) 

-

-

-

-

-

-

-

-

-

Geographical  area 

Minimum  size 

(a) 
(b) 

Mediterranean 

(a) 
(b) 

Mediterranean 

(a) 
(b) 

subdivisions  22 to 25 
subdivisions  26 to 28 
subdivisions  29 and 32 
South  of  59r30'N 

(a) 
(b) 

Mediterranean 

58  cm 

58  cm 

-

-

15 cm 
15  cm 
15 cm 
15 cm 
12 cm 

20  cm 

20  cm 
16 cm 

-

24  cm 
24  cm 
24  cm 
24  cm 
25  cm 
21  cm 

18 cm 
24  cm 
24  cm 
24  cm 
24  cm 
20  cm 

Scale  of  weights 

Size 
1 
2 

Kg/fish(1) 

3 and  over 
0,5 to 3 

Minimum  sizes  to be observed  in the  conditions  laid down  in the 
Regulations  referred to  in Article  7 

Number  of 
fish/kg(2) 

Region 

Geographical  area 

Minimum  size 

Species 
Black  scabbardfish 
(Aphanopus 
carbo) 
Cuttlefish 
(Sepia  officinalis 
and  Rossia 
macrosoma) 
Norway  lobster 
(Nephrops 
norvegicus 

Lobster 
tails 

1 
2 
3 

1 
2 
3 
4 

1 
2 

3 
4 

0,5  and  over 
0,3 to  0,5 
0,1  to  0,3 

-

20 and  less 
21 to 30 
31  to 40 
over 40 

60 and  less 
61 to  120 

121 to  180 
over  180 

Skagerrak  and  Kattegat 

except  Scotland 
Irish  Sea 
[ICES Via)  and  Vila)], 
Skagerrak  and 
Kattegat 
Western  Scotland  and 
Irish Sea 
[ICES Via)  and Vila)] 

2 

2 

2 

3 

Mediterranean 

2 

Skagerrak  and  Kattegat 

except  Western 
Scotland, 
Irish  Sea 
[ICES Via)  and Vila)], 
Skagerrak  and  Kattegat 
Western  Scotland  and 
Irish  Sea  [ICES  Via) 
and Vila)] 

2 

2 

3 

Crangonid  shrimps 
(Crangon  crangon) 
Pandahd  shrimps 
(Pandalus  borealis) 
fresh  or 
chilled 
Pandahd  shrimps 
boiled  or 
steamed 
Edible  crab 
(Cancer  pagurus) 

One 
size 
One 
size 

1 
2 

1 

2 

6,7 mm  and 
over  (3) 

-

250  and  less 

-

160 and  less 
161 to 250 

16 cm  and  over(4) 
13to  16cm(4)| 

(*)  Length  of  shell 
(**)  Overall  length 
(3) Width  of  shell 
(4) Width  of  shell  at the widest  point 

15 

-

40  mm (*) 
130mm(**) 

25  mm  (*) 
85  mm  (**) 

20  mm  (*) 
70  mm  (**) 

20  mm  (*) 
70  mm  (**) 
20  mm  (*) 
70  mm  (**) 
72  mm 

46  mm 

37  mm 

37  mm 
-

-

-

ISSN  0254-1475 

COM(96)  157 final 

DOCUMENTS 

EN 

03 

Catalogue number  :  CB-CO-96-169-EN-C 

ISBN 92-78-02624-7 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg