Commission Regulation (EC) No 1181/2003 of 2 July 2003 amending Council Regulation (EEC) No 2136/89 laying down common marketing standards for preserved sardines
Date: 2003-07-02
Institutions: European Commission
Subjects: labelling, marketing, marketing standard, preserved product, product designation, sea fish

3.7.2003

EN

Official Journal of the European Union

L 165/17

COMMISSION REGULATION (EC) No 1181/2003

of 2 July 2003

amending Council Regulation (EEC) No 2136/89 laying down common marketing standards for
preserved sardines

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 104/2000 of 17
December 1999 on the common organisation of the markets
in fishery and aquaculture products (1), and in particular Article
2(3) thereof,

Whereas:

Regulation (EC) No 104/2000 provides for the possibi-
lity of adopting common marketing standards for fishery
products in the Community, particularly in order to
facilitate commerce based on fair competition. These
standards may, in particular, cover labelling.

Council Regulation (EEC) No 2136/89 (2)
lays down
common marketing standards for preserved sardines in
the Community.

in the Community makes

The widening variety of supply of preserved products
marketed and presented in the same way as preserved
sardines
it necessary to
provide consumers with sufficient information on the
identity and the main characteristics of the product. It is
therefore necessary to lay down common rules on trade
descriptions
for preserved products marketed and
presented in the same way as preserved sardines in the
Community.

The Codex Alimentarius standard Codex STAN94 as well
as the particular conditions prevailing on the Commu-
nity market should be taken into account
to that
purpose.

(8)

(9)

(10)

(11)

The combination of
the word ‘sardines’ with the
common name of a sardine-type fish species can only
generate confusion as to the true nature of the product.
On the other hand, common names not including the
word ‘sardines’ may continue to be used for
the
marketing of sardine-type products, in accordance with
the law of the Member State on marketing and in a
manner not to mislead the consumers.

The requirements laid down in this Regulation should be
applied without prejudice to Directive 2000/13/EC of
the European Parliament and of the Council of 20 March
2000 on the approximation of the laws of the Member
States relating to the labelling, presentation and adver-
tising of foodstuffs (3).

Regulation (EEC) No 2136/89 should therefore be
amended accordingly.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Fishery Products,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 2136/89 is amended as follows:

1. In the title the words ‘laying down common marketing stan-
dards for preserved sardines’ are replaced by the following:
‘laying down common marketing standards for preserved
sardines and trade descriptions for preserved sardines and
sardine-type products’.

In the interest of market transparency, fair competition
it is necessary to specify that
and variety of choice,
preserved sardine-type products
should be prepared
exclusively from well defined species.

2. Article 1 is replaced by the following:

‘Article 1

is necessary to take account of changes

It
Combined Nomenclature codes for preserved sardines.

in the

The term ‘sardine’ can only be part of the trade descrip-
tion of sardine-type products if it is adequately qualified.
Trade descriptions based on geographic names alone are
not sufficiently distinctive. In order to enable a proper
identification of each sardine-type product, thus avoiding
confusion between different fish species, the scientific
name of the species should be used as a qualifier term.

This Regulation defines
standards governing the
the
marketing of preserved sardines and the trade descriptions
for preserved sardines and preserved sardine-type products
marketed in the Community.’

3. The following Article 1a is inserted:

‘Article 1a

For the purposes of this Regulation:

1. “preserved sardines” means products prepared from fish

of the species Sardina pilchardus;

(1) OJ L 17, 21.1.2000, p. 22.
(2) OJ L 212, 22.7.1989, p. 79.

(3) OJ L 109, 6.5.2000, p. 29.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

L 165/18

EN

Official Journal of the European Union

3.7.2003

2. “preserved

sardine-type

products
marketed and presented in the same way as preserved
sardines and prepared from fish of the following species:

products” means

(a) Sardinops melanosticus, S. neopilchardus, S. ocellatus, S.

sagax, S. caeryleus;

(b) Sardinella aurita, S. brasiliensis, S. maderensis, S. longi-

ceps, S. gibbosa;

(c) Clupea harengus;

(d) Sprattus sprattus;

(e) Hyperlophus vittatus;

(f) Nematalosa vlaminghi;

(g) Etrumeus teres;

(h) Ethmidium maculatum;

5. The following Article 7a is inserted:

‘Article 7a

the
1. Without prejudice to Directive 2000/13/EC of
European Parliament and of
the Council (*), preserved
sardine-type products may be marketed in the Community
under a trade description consisting of the word “sardines”
joined together with the scientific name of the species.

2. Wherever the trade description provided for in para-
graph 1 is marked on the container of a preserved sardine-
type product, it shall be displayed in a clear and distinct
manner.

3.
The scientific name shall
generic and the specific Latin names.

include in all cases the

Only one species shall be marketed under a single

4.
trade description.

(i) Engraulis anchoita, E. mordax, E. ringens;

(*) OJ L 109, 6.5.2000, p. 29.’

(j) Opisthonema oglinum.’

Article 2

4. The first indent of Article 2 is replaced by the following:

‘— they must be covered by CN codes 1604 13 11,

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

1604 13 19 and ex 1604 20 50;’.

It shall apply from 1 July 2003.

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

Done at Brussels, 2 July 2003.

For the Commission

Franz FISCHLER

Member of the Commission