Commission Regulation (EC) No 1345/2008 of 23 December 2008 amending Council Regulation (EEC) No 2136/89 laying down common marketing standards for preserved sardines and trade descriptions for preserved sardines and sardine-type products
Date: 2008-12-23
Institutions: European Commission
Subjects: labelling, marketing standard, preserved product, product designation, sea fish

L 348/76

EN

Official Journal of the European Union

24.12.2008

COMMISSION REGULATION (EC) No 1345/2008

of 23 December 2008

amending Council Regulation (EEC) No 2136/89 laying down common marketing standards for
preserved sardines and trade descriptions for preserved sardines and sardine-type products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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:

(1)

(2)

(3)

(4)

(5)

Regulation (EC) No 104/2000 provides for the possibility
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)
common marketing standards
and trade descriptions
sardine-type products in the Community.

lays down
for preserved sardines
and

for preserved sardines

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

the product.

It

The Codex Alimentarius standard Codex STAN94 as
revised in 2007 as well as the particular conditions
prevailing on the Community market should be taken
into account for that purpose.

In the interest of market transparency, fair competition
and variety of choice, it is necessary to add the species
Strangomera bentincki to the authorised species for the
preparation of preserved sardine-type products.

(6)

(7)

(8)

(9)

In order to improve the identification of each sardine-
type product, the scientific name of the species and the
geographic area where the species was caught should be
used as qualifier terms.

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.

to enable operators to adapt

In order
to the new
requirements, a transitional period should be provided
regards placing on the market of products
for as
complying with the current version of Regulation (EEC)
No 2136/89.

(10)

The Management Committee for Fishery Products has not
delivered an opinion within the time limit laid down by
its Chairman,

HAS ADOPTED THIS REGULATION:

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

Article 1

1. In Article 1a(2), the following point is added:

‘(k) Strangomera bentincki’.

2. Article 7a is replaced by the following:

‘Article 7a

1. Without prejudice to Directive 2000/13/EC, 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 and
the geographic area where the species was caught.

(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.

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Official Journal of the European Union

L 348/77

the

trade description provided for

in
2. Wherever
paragraph 1 is marked on the container of a preserved
sardine-type product,
it shall be displayed in a clear and
distinct manner.

Only one species shall be marketed under a single trade

5.
description.’

Article 2

The scientific name shall include in all cases the generic

3.
and the specific Latin names.

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

4.
The geographic area shall be indicated by one of the
names listed in the first column of the Annex, taking into
account the corresponding area identification provided for in
the second column of the Annex.

However, products which complied with Regulation (EEC) No
2136/89 before its amendment by this Regulation may be
placed on the market until 1 November 2010.

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

Done at Brussels, 23 December 2008.

For the Commission

Joe BORG
Member of the Commission

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Official Journal of the European Union

24.12.2008

ANNEX

Names and identifications of geographic areas

Name of the geographic area as referred to in Article 7a(1)

Identification of the area (1)

North-West Atlantic

North-East Atlantic (2)

Baltic Sea

Central-Western Atlantic

Central-Eastern Atlantic

South-West Atlantic

South-East Atlantic

Mediterranean Sea

Black Sea

Indian Ocean

Pacific Ocean

Antarctic

Arctic Sea

(1) FAO yearbook. Fishery statistics. Catches. Vol. 86/1. 2000.
(2) Excluding the Baltic Sea.

FAO area 21

FAO area 27

FAO area 27.IIId

FAO area 31

FAO area 34

FAO area 41

FAO area 47

FAO areas 37.1, 37.2 and 37.3

FAO area 37,4

FAO areas 51 and 57

FAO areas 61, 67, 71, 77, 81, 87

FAO areas 48, 58 and 88

FAO area 18