Commission Regulation (EC) No 1022/2008 of 17 October 2008 amending Regulation (EC) No 2074/2005 as regards the total volatile basic nitrogen (TVB-N) limits (Text with EEA relevance)
Date: 2008-10-17
Institutions: European Commission
Subjects: animal product, fishery product, food inspection, food safety, foodstuff, foodstuffs legislation

L 277/18

EN

Official Journal of the European Union

18.10.2008

COMMISSION REGULATION (EC) No 1022/2008

of 17 October 2008

amending Regulation (EC) No 2074/2005 as regards the total volatile basic nitrogen (TVB-N) limits

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

are landing their catch,
fresh fishery products must
undergo chilling as soon as possible after landing and
be stored at the temperature of melting ice.

Having regard to the Treaty
Community,

establishing the European

Having regard to Regulation (EC) No 853/2004 of the European
Parliament and of the Council of 29 April 2004 laying down
specific hygiene rules for food of animal origin (1), and in
particular Article 11(9) thereof,

Whereas:

(1)

(2)

Section VIII of Annex III
to Regulation (EC) No
853/2004 provides that food business operators are to
fishery
carry out specific checks in order to prevent
products which are unfit for human consumption from
being placed on the market. Those checks also include
the total volatile basic nitrogen (TVB-N) limits, which are
not to be exceeded.

the

Chapter I of Section II of Annex II to Commission Regu­
lation (EC) No 2074/2005 of 5 December 2005 laying
down implementing measures for certain products under
Regulation (EC) No 853/2004 of
European
Parliament and of the Council and for the organisation
of official controls under Regulation (EC) No 854/2004
of the European Parliament and of the Council and Regu­
lation (EC) No 882/2004 of the European Parliament and
the Council, derogating from Regulation (EC) No
of
852/2004 of
the
Council and amending Regulations (EC) No 853/2004
and (EC) No 854/2004 (2) lays down the TVB-N limits
for certain categories of fishery products and the analysis
methods to be used.

the European Parliament and of

(4)

(5)

(6)

However, when whole fishery products handled in such
vessels are used directly in the preparation of fish oil for
human consumption, the raw material may be processed
up to 36 hours without chilling after the catch or the
loading on the vessel, provided that the fishery products
still meet the freshness criteria.

It is therefore appropriate to lay down a general TVB-N
limit that should not be exceeded in fish species used for
the direct production of fish oil for human consumption,
when using that possibility.

Due to variation between species, it may also be appro­
priate to lay down higher TVB-N limits for certain
species. Pending the harmonisation at Community level
of those higher TVB-N limits, Member States should be
limits for certain species,
allowed to apply national
provided that the fish still meet the freshness criteria.

(7)

Regulation (EC) No 2074/2005 should therefore be
amended accordingly.

(8)

The measures provided for in this Regulation are in
Standing
accordance with
Committee on the Food Chain and Animal Health,

opinion

the

the

of

HAS ADOPTED THIS REGULATION:

(3)

Pursuant to Annex III to Regulation (EC) No 853/2004,
when vessels that have not been designed and equipped
to preserve fresh fishery product for more than 24 hours

(1) OJ L 139, 30.4.2004, p. 55. Corrected version in OJ L 226,

25.6.2004, p. 22.

(2) OJ L 338, 22.12.2005, p. 27.

Annex II to Regulation (EC) No 2074/2005 is amended in
accordance with the Annex to this Regulation.

Article 1

18.10.2008

EN

Official Journal of the European Union

L 277/19

This Regulation shall enter into force on the 10th day following that of its publication in the Official Journal
of the European Union.

Article 2

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

Done at Brussels, 17 October 2008.

For the Commission

Androulla VASSILIOU
Member of the Commission

L 277/20

EN

Official Journal of the European Union

18.10.2008

In Chapter I of Section II of Annex II to Regulation (EC) No 2074/2005, point 1 is replaced by the following:

ANNEX

‘1. Unprocessed fishery products shall be regarded as unfit for human consumption where organoleptic assessment
has raised doubts as to their freshness and chemical checks reveal that the following TVB-N limits are exceeded:

(a) 25 mg of nitrogen/100 g of flesh for the species referred to in point 1 of Chapter II;

(b) 30 mg of nitrogen/100 g of flesh for the species referred to in point 2 of Chapter II;

(c) 35 mg of nitrogen/100 g of flesh for the species referred to in point 3 of Chapter II;

(d) 60 mg of nitrogen/100 g of whole fishery products used directly for the preparation of fish oil for human
consumption as referred to in the second sub-paragraph of Part B(1) of Chapter IV of Section VIII of Annex
III to Regulation (EC) No 853/2004; however, where the raw material complies with points (a), (b) and (c) of
Part B(1) of that Chapter, Member States may set limits at a higher level for certain species pending the
establishment of specific Community legislation.

The reference method to be used for checking the TVB-N limits involves distilling an extract deproteinised by
perchloric acid as set out in Chapter III.’