Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the common organisation of the markets in fishery and aquaculture products
Date: 2011-07-13
Institutions: European Commission
Subjects: aquaculture, common organisation of markets, fishery product

EUROPEAN COMMISSION 

Brussels, 13.7.2011 
COM(2011) 416 final 

2011/0194 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the common organisation of the markets in fishery and aquaculture products 

{SEC(2011) 883 final} 
{SEC(2011) 884 final} 

 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

A  Common  Market  Organisation  (CMO)  for  fisheries  and  aquaculture  products  has  been  in 
place  since  1970.  It  is  one  of  the  pillars  of  the  Common  Fisheries  Policy  (CFP).  Its  current 
legal  basis  is  Regulation  104/2000,  adopted  in  1999.  The  reform  of  the  Common  Fisheries 
Policy  provides  an  excellent  opportunity  to  review  and  possibly  revise  objectives  and 
instruments of the Common Market Organisation for fisheries and aquaculture products. 

Problems identified and objectives for the reform 

Since 2008 the Commission has been carrying out extensive evaluations and consultations to 
assess  the  performance  of  the  current  legal  framework,  to  take  stock  and  analyse  market 
developments  and  trends  in  the  EU  in  the  last  decade  and  to  hear  the  views  of  the  parties 
concerned. 

Analyses  led  to  identify  five  main  problem  areas  found,  which  may  be  summarized  as 
follows.  

EU  Common  Market  Organisation  did  not  sufficiently  contribute  to  sustainable  production: 
while many EU fisheries are not exploited in a sustainable way, until recently, there were very 
limited market premiums for sustainable practices or no market sanctions for potential or real 
unsustainable practices. The current policy has insufficiently provided the right policy signals. 

the  market  position  of  EU  production  has  worsened:  EU  producers  are  facing  limited  or 
decreased production opportunities (fisheries and aquaculture). In addition the production side 
is  fragmented  due  to  the  number  of  species,  landing  and  selling  sites,  whereas  the  demand 
side  is  strongly  concentrated.  EU  production  also  lacks  competitiveness  in  an  increasingly 
globalised market. 

we  have  been  unable  to  anticipate  or  manage  market  fluctuations:  Fishing,  more  than  other 
food  production  sector,  is  characterised  by  uncertainty  with  regard  to  production  conditions 
and  access.  Nevertheless  EU  supply  lacks  predictability  in  terms  of  volume  and  quality 
requested  by  the  demand  side.  Conversely  EU  producers  to  a  large  extent  do  not  anticipate 
market demand in their production planning. This leads to a high volatility of first sale prices. 

our  market  potential  is  largely  untapped:  increasing  consumption  throughout  the  EU  offers 
tangible economic opportunities for EU producers. But information and transactions costs are 
high along the marketing chain. From a consumer perspective, limited information provided 
do not allow to make an informed and responsible choice. 

implementation of the Common Market Organisation is being held down by a cumbersome, 
overly complex framework.  

In this context the proposal for a reform of the Common Market Organisation focuses on the 
following objectives:  

Upgrading  market  incentives  to  support  sustainable  production  practices:  EU  producers 
(fisheries and aquaculture) within Producers Organisations are on the coal face of production, 

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day  to  day  resource  management  and  market  issues.  Their  role,  responsibility  and  mandate 
need  to  be  reviewed  in  line  with  the  objectives  of  the  reform  of  the  CFP  in  order  to  direct 
production activities towards sustainability. Other operators upstream in the sector should also 
be  targeted  so  as  to  become  more  committed  and  responsible  for  sustainability  of  their 
sourcing.  

Improving  the  market  position  of  EU  production:  Addressing  market  imperfections,  high 
information  and  transaction  costs,  as  well  as  organisational  matters,  leads  to  focus  on 
production  activities  (grouping  supply  and  better  marketing  at  first  sale),  increase 
competitiveness of EU production (quality, innovation and added value), reinforce bargaining 
power of producers and ensure level playing field conditions for  all products marketed in the 
Union. 

Improving  the  connection  between  EU  production  and  EU  structural  market  changes  and 
short  term  fluctuations  should  be  better  reflected  in  producers’  strategies.  This  supports  the 
development  of  market  knowledge  and  analysis  on  the  demand  side  and  on  competing 
supplies.  Increasing  transparency  along  the  marketing  chain  of  markets  should  facilitate 
supply meeting demand and enhance policy decision making. The volatility of first sale prices 
can  be  reduced  by  improving  conditions  for  placing  POs’  products  on  the  market  and  by 
ensuring that production is planned and adjusted to demand in terms of quality, quantity and 
presentation.  

Enhancing  the  market  potential  of  EU  products:  The  functioning  of  the  internal  market  for 
fisheries and aquaculture products is suboptimal in particular due to information failure. The 
comparative  advantages  of  EU  production  (freshness,  local,  variety  etc.)  could  be  better 
exploited  with  more  differentiation  and  merchandising.  In  addition  EU  consumers  have  the 
right  to  be  informed  with  more  precise  and  reliable  information  to  reinforce  confidence  in 
fishery and aquaculture products. 

Supporting  better  governance,  reduction  of  administrative  burden  and  simplification  of  the 
legal framework: The existing provisions and instruments should be reviewed, simplified and 
clarified.  The  Common  Market  Organisation  should  be  supported  in  the  context  of  a  new 
financial fund to be implemented within the reformed CFP. 

Interaction with the reform of the CFP 

The main objective of the reform of the Common Fishery Policy is promoting the sustainable 
management of fishery resources through an economically viable sector, which in turn is to be 
increasingly  empowered  with  its  own  management.  The  CFP  impact  assessment  concluded 
that, considering the new objectives and instruments of the CFP, a far-reaching reform of the 
Common Market Organisation was necessary: market-oriented instruments should contribute, 
directly or indirectly, to meeting the main CFP objectives. 

To address overfishing and unsustainable practices and move away from production strategies 
based solely on volume, the new Common Market Organisation will support:  

the  empowerment  of  producers  organisations  and  their  co-management  of  access  rights  as 
well as production and marketing activities; 

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market  measures  that  increase  the  bargaining  power  of  producers  (in  fisheries  and 
aquaculture)  improve  prediction,  prevention  and  management  of  market  crisis  and  foster 
market transparency and efficiency; 

market  incentives  and  premiums  for  sustainable  practices;  partnerships  for  sustainable 
production,  sourcing  and  consumption;  certification  (ecolabels),  promotion,  information  to 
consumers; 

additional market measures on discards. 

Existing EU provisions in this area 

Council  Regulation  (EC)  No  104/2000  establishing  a  Common  Market  Organisation  in 
fisheries and aquaculture products is the current regulatory framework. This proposal is aimed 
to replace this Regulation. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

Consultations with stakeholders have been carried out at various levels since 2008: 

Internet-based public consultation on market and trade issues which took place from 9th April 
2009  to  31st  December  2009  in  the  framework  of  the  Green  Paper  for  the  reform  of  the 
Common  Fisheries  Policy  (COM(2009)163  final).  Almost  all  of  the  400  contributions 
received  on  the  Green  Paper  addressed  issues  related  to  a  reform  of  the  Common  Market 
Organisation. This is summarised in a specific chapter (3.4) in the Commission Staff Working 
Document on “Synthesis of the Consultation on the reform of the Common Fisheries Policy” 
SEC(2010)428 final - April 2010. 

Wide  consultation  of  the  sector  (producers,  importers,  processors,  retailers)  and  of  non-
governmental  actors  (development  and  environmental  NGOs,  consumers’  organisations) 
within  the  consultative  bodies  in  place  under  the  CFP  and  thematic  seminars.  Extensive 
dialogue  with  Member  States  including  bilateral  meetings  took  place  with  national 
representatives from the sector, the national and regional administration, and the Management 
Committee.  The  European  Parliament,  in  particular  the  Committee  of  Fisheries,  has  been 
closely associated with these consultations and events. 

Impact assessments 

An interservice steering group was created within the Commission and provided inputs during 
the impact assessment process. An analysis of the current policy framework and EU market 
development  for  fisheries  and  aquaculture  products  was  followed  by  identification  of 
preliminary objectives for a reformed Common Market Organisation. Under these objectives 
different policy alternatives options for the reform have been considered:  

Continuing the current Common Market Organisation for fisheries and aquaculture products. 
This means that focusing mainly on market interventions to support price stability. 

Revising the current Common Market Organisation for fisheries and aquaculture products by 
reducing  intervention  mechanisms  to  a  single  storage  aid  for  fishery  products  destined  for 

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human  consumption  and  making  other  instruments  more  simple,  appropriate  and  flexible 
(marketing standards and information to consumers). 

Enhancing  the  Common  Market  Organisation  for  fisheries  and  aquaculture  products  by 
empowering  Producers  Organisations  and  Inter-Branch  Organisations  with  new  objectives 
and  granting  them  financial  support  to  draw  and  implement  sustainable  production  and 
marketing  plans.  The  content  and  scope  of  mandatory  consumer  information  are  extended. 
Accuracy and control of voluntary labelling are considered. 

Deregulating  the  current  Common  Market  Organisation  for  fisheries  and  aquaculture 
products. This option suppresses all financial support (intervention and support to collective 
actions) and any specific legal instrument for fisheries and aquaculture products.  

Status  quo  option  was  evaluated  partly  inefficient  and  too  complex  to  fulfil  its  current 
objectives.  Today,  12  years  after  its  adoption,  the  current  CMO  appears  unfit  for  the 
challenges  of  the  EU  market.  It  will  result  even  more  ineffective  and  possibly  inconsistent 
with the objectives of the reformed CFP. 

Correcting  the  main  shortcomings  of  the  existing  CMO  by  proposing  adjustments  and 
simplifications  would  improve  its  functioning.  The  relevance  to  the  main  objectives  of  the 
CFP reform would however remain limited.  

Remove  the  EU  Common  Market  Organisation  altogether,  even  considering  that  market-
driven  developments  and  incentives  toward  sustainability  have  increased,  would  not  fully 
addressed  the  main  problems  identified,  namely  the  complex  and  fragmented  EU  supply 
sector and the risks of misleading or confused consumer information.  

Therefore  the  Commission  supports  to  enhance  the  Common  Market  Organisation  so  as  to 
accompany the fisheries and aquaculture sector while it shifts toward sustainable production 
practices. Much can be done in terms of organisation and marketing to increase predictability 
of  supply  and  reduce  transactions  costs.  This  option  emphasises  the  role  of  each  main 
stakeholder in favouring sustainable practices. The Common Market Organisation should help 
increase  the  added  value  of  fisheries  and  aquaculture  products  in  a  context  where  financial 
support  is  moved  away  from  the  fleet  (especially  scrapping  and  temporary  cessation),  in 
favour  of  smart,  green,  innovative  and  market-oriented  solutions  for  the  fisheries  and 
aquaculture sector.  

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

Legal basis 

Article 43(2) of the Treaty on the Functioning of the European Union. 

Subsidiarity principle 

The proposal falls under shared competence, and the subsidiarity principle therefore applies.  

Proportionality principle 

The proposal complies with the principle of proportionality for the following reason:  

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The  Common  Fisheries  Policy  is  a  common  policy  and  should  therefore  be  implemented 
through a Regulation adopted by the European Parliament and the Council. 

It is necessary and appropriate for the achievement of the basic objective of ensuring fishing 
and  aquaculture  industries  that  provide  long-term  sustainable  economic,  environmental  and 
social conditions and contribute to the availability of food supplies, to lay down rules on the 
conservation  and  exploitation  of  marine  biological  resources.  This  Regulation  does  not  go 
beyond what is necessary to achieve that objective. 

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2011/0194 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the common organisation of the markets in fishery and aquaculture products 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Articles 42 and 43(2) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the opinion of the European Economic and Social Committee1, 

Having regard to the opinion of the Committee of the Regions2, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

1 
2 
3 

The  scope  of  the  Common  Fisheries  Policy  extends  to  measures  on  the  markets  for 
fishery  and  aquaculture  products  in  the  Union.  The  common  organisation  of  the 
fishery  and  aquaculture  products,  hereafter  "Common  Market 
markets 
Organisation,"  is  an  integral  part  of  the  Common  Fisheries  Policy  and  should 
contribute to the accomplishment of its objectives. Since the Common Fisheries Policy 
is being revised, the Common Market Organisation should be adapted accordingly. 

in 

Council  Regulation  (EC)  No  104/2000  of  17  December  1999  on  the  common 
organisation of the markets in fishery and aquaculture products3 needs to be revised to 
take  account  of  shortcomings  detected  in  the  implementation  of  the  provisions 
currently in force, recent developments in Union and world markets, and the evolution 
of fishing and aquaculture activities. 

The  provisions  of  the  Common  Market  Organisation  should  be  implemented  in 
compliance with the Union international commitments, in particular with regard to the 
provisions of the World Trade Organisation. 

The Common Market Organisation should contribute to achieving the objectives of the 
Common Fisheries Policy. 

OJ C , , p. . 
OJ C , , p. . 
OJ L 17, 21.1.2000, p. 22. 

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(5) 

(6) 

(7) 

(8) 

(9) 

Since those objectives cannot be sufficiently achieved by the Member States due to the 
common  nature  of  the  market  in  fishery  and aquaculture products and can therefore, 
by reason of the need for further common action, be better achieved at Union level, the 
Union may adopt measures, in accordance with the principle of subsidiarity, as set out 
in Article 5 of the Treaty of the European Union. In accordance with the principle of 
proportionality, as set out in that Article, this Regulation does not go beyond what is 
necessary in order to achieve those objectives. 

It is important that the management of the Common Market Organisation is guided by 
the principles of good governance of the Common Fisheries Policy. 

Producer  organisations  are  the  key  actors  for  the  appropriate  application  of  the 
Common  Fisheries  Policy  and  the  Common  Market  Organisation.  It  is  therefore 
necessary to strengthen their objectives to ensure that their members carry out fishing 
and aquaculture activities in a sustainable manner, improve the placing on the market 
of  products,  and  collect  economic  information  on  aquaculture.  When  realising  these 
objectives, producer organisations should take account the different conditions of the 
fishery and aquaculture sectors prevailing in the Union, in particular the specificities 
of small-scale fisheries. 

Inter-branch  organisations  gathering  different  categories  of  operators  may  help  to 
improve the coordination of marketing activities within the value chain and to develop 
measures of interest for the whole sector. 

It  is  appropriate  to  lay  down  common  conditions  for  the  recognition  of  producer 
organisations  and  inter-branch  organisations  by  Member  States,  for  extension  of  the 
rules  adopted  by  producer  organisations  and  inter-branch  organisations,  and  for  the 
costs resulting from such extension to be shared. The procedure for extension of rules 
should be subject to authorisation by the Commission. 

(10) 

In  order  that  producer  organisations  can  steer  their  members  towards  sustainable 
fishery and aquaculture activities, producer organisations should define and submit to 
the competent authorities of the Member States a production and marketing plan with 
the necessary measures to fulfil their objectives. 

(11)  The unpredictability of fishing activities makes it appropriate to set up a mechanism of 
storing fishery products for human consumption with a view to foster greater market 
stability and to increase the return on products, in particular by creating added value. 
This  mechanism  should  contribute  to  the  stabilisation  and  convergence  of  the  Union 
local markets with a view to achieving the single market. 

(12)  Producer  organisations  may  create  a  collective  fund  to  finance  the  production  and 

marketing plans and the storage mechanism. 

(13) 

In order to take account of the diversity of prices throughout the Union, each producer 
organisation  should  be  entitled  to  make  a  proposal  for  a  price  to  trigger  the  storage 
mechanism. This trigger price should not lead to the fixation of minimum prices which 
could hinder competition. 

(14)  As fish stocks are shared resources, their sustainable and efficient exploitation can, in 
certain  instances,  be  better  achieved  by  organisations  composed  of  members  from 

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different Member States. Therefore it is necessary to foresee also the possibility for the 
setting  up  of  transnational  producer  organisations  and  associations  of  producer 
organisations,  which  remain  subject  to  competition  rules  as  foreseen  in  the  present 
regulation. 

(15)  The  application  of  common  marketing  standards  should  permit  the  market  to  be 
supplied with sustainable products, to realise the full potential of the internal market in 
fishery  and  aquaculture  products,  and  to  facilitate  commerce  based  on  fair 
competition, thus helping to improve the profitability of production. 

(16)  The widening variety of fishery and aquaculture products makes it essential to provide 
consumers  with  a  minimum  amount  of  mandatory  information  on  the  main 
characteristics  of  products.  In  order  to  promote  differentiation  of  products,  it  is  also 
necessary  to  take  account  of  additional  information  that  may  be  indicated  on  a 
voluntary basis. 

(17)  The rules on competition relating to agreements, decisions and practices referred to in 
Articles 101 of the treaty should apply to the production or marketing of fishery and 
aquaculture products, in so far as their application does not impede the functioning of 
the common organisation of the markets or jeopardise the attainment of the objectives 
of Article 39 of the treaty. 

(18) 

(19) 

(20) 

It  is  appropriate  to  lay  down  competition  rules  applicable  to  the  production  and 
marketing  of  fishery  and  aquaculture  products,  taking  into  account  the  specific 
features  of  the  fishery  and  aquaculture  sector,  including  fragmentation  of  the  sector, 
the fact that fish is a shared resource and the large extent of imports. For the sake of 
simplification,  the  relevant  provisions  of  Regulation  (EC)  No  1184/2006  of  24  July 
2006  applying  certain  rules  of  competition  to  the  production  of  and  trade  in  certain 
agricultural products4 should be incorporated into the present regulation . Regulation 
(EC)  No  1184/2006  should  therefore  no  longer  apply  to  fishery  and  aquaculture 
products. 

It  is  necessary  to  improve  the  economic  information  on  the  markets  in  fishery  and 
aquaculture products in the Union. 

In  order  to  be  able  to  supplement  or  amend  the  conditions  and  requirements  for 
recognition  of  producers  organisations,  supplement  or  amend  the  content  of  the 
production  and  marketing  plan,  define  and  amend  the  common  marketing  standards, 
supplement or amend mandatory information and set minimum criteria for information 
voluntarily  provided  by  operators  to  the  consumers,  the  power  to  adopt  acts  in 
accordance with Article 290 of the Treaty on the Functioning of the European Union 
should be delegated to the Commission in respect of Articles 24, 33, 41 and 46. 

(21) 

It is of particular importance that the Commission carry out appropriate consultations 
during  its  preparatory  work,  including  at  expert  level.  The  Commission,  when 
preparing  and  drawing-up  delegated  acts,  should  ensure  a  simultaneous,  timely  and 
appropriate  transmission  of  relevant  documents  to  the  European  Parliament  and 
Council. 

4 

OJ L 214, 4.8.2006, p. 7 

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(22) 

In order to ensure uniform conditions for the implementation of Articles 25, 31, 34 and 
37  of  this  Regulation,  implementing  powers  should  be  conferred  upon  the 
Commission. Those powers should be exercised in accordance with Regulation (EU) 
No  182/2011  of  the  European  Parliament  and  of  the  Council  of  16  February  2011 
laying down the rules and general principles concerning mechanisms for control of by 
Member States of the Commission's exercise of implementing powers. 

(23)  Council Regulation (EC) No 104/2000 should be repealed but Articles 9, 10, 11, 17, 
18,  19,  20,  21,  22,  23,  24,  25,  26,  27,  34,  35,  36,  37,  38  and  39  should  continue  to 
apply  until  the  entry  into  force  of  the  Regulation  on  the  European  Fisheries  and 
Maritime Fund. 

HAVE ADOPTED THIS REGULATION: 

Chapter I 
General provisions 

Article 1 
Subject matter 

1. 

2. 

A common organisation of the markets in fishery and aquaculture products, hereafter 
“Common Market Organisation,” is hereby established.  

The Common Market Organisation shall comprise the following instruments:  

(a) 

professional organisations; 

(b)  marketing standards; 

(c) 

consumer information; 

(d) 

competition rules; 

(e)  market intelligence. 

Article 2 
Scope 

The Common Market Organisation shall apply to the fishery and aquaculture products listed 
in Annex I to this Regulation, which are marketed in the Union.  

Article 3 
Objectives 

The Common Market Organisation shall contribute to the achievement of the objectives laid 
down in Articles 2 and 3 of the Regulation on the Common Fisheries Policy. 

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Article 4 
Principles 

The Common Market Organisation shall be guided by the principles of good governance laid 
down in Article 4 of the Regulation on the Common Fisheries Policy. 

Article 5 
Definitions 

For the purposes of this Regulation, the definitions referred to in Article 3 of the Regulation 
on the Common Fisheries Policy shall apply. The following definitions shall also apply: 

(a) 

(b) 

(c) 

(d) 

(e) 

'fishery products' mean aquatic organisms resulting from any fishing activity or 
products derived therefrom, as listed in Annex I; 

'aquaculture  products'  mean  aquatic  organisms  at  any  stage  of  their  life  cycle 
resulting from any aquaculture activity or products derived therefrom, as listed 
in Annex I; 

'producer'  means  any  natural  or  legal  person  using  means  of  production  to 
obtain  fishery  or  aquaculture  products  with  a  view  to  their  placing  on  the 
market; 

'fishery  or  aquaculture  sector'  means  the  sector  of  the  economy,  including  all 
activities  of  production,  processing  and  marketing  of  fishery  or  aquaculture 
products; 

'making available on the market' means any supply of a fishery or aquaculture 
product for distribution, consumption or use on the Union market in the course 
of a commercial activity, whether in return for payment or free of charge; 

(f) 

'placing  on  the  market'  means  the  first  making  available  of  a  fishery  or 
aquaculture product on the Union market. 

Chapter II 
Professional organisations  

SECTION I 
ESTABLISHMENT, OBJECTIVES AND MEASURES 

Article 6 
Establishment of fishery producer organisations 

Fishery producer organisations may be established as a group set up on the own initiative of 
producers  of  fishery  products  in  one  or  more  Member  States  and  recognised  in  accordance 
with Section II. 

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Article 7 
Objectives of fishery producer organisations 

Fishery producer organisations shall pursue the following objectives: 

(a)  promoting viable fishing activities of their members in full compliance with the 
conservation  policy  laid  down  in  the  Regulation  on  the  Common  Fisheries 
Policy and environmental legislation; 

(b)  handling unwanted catches of commercial stocks; 

(c) 

improving  the  conditions  for  the  placing  on  the  market  of  their  members' 
fishery products;  

(d) 

stabilising the markets; 

(e) 

improving producer's profitability. 

Article 8 
Measures deployable by fishery producer organisations 

Fishery  producer  organisations  may  make  use  of  the  following  measures  to  achieve  the 
objectives set out in Article 7: 

(a)  planning the fishing activities of their members; 

(b)  making the best use of unwanted catches of commercial stocks by: 

- 

- 

- 

disposing  of  landed  products  which  do  not  conform  to  the  minimum 
marketing sizes referred to in Article 39 (2)(a) for uses other than human 
consumption; 

placing on the market of landed products which conform to the minimum 
marketing sizes referred to in Article 39 (2)(a); 

distributing landed products free of charge to philanthropic or charitable 
purposes. 

(c) 

adjusting production to market requirements; 

(d) 

channelling the supply and the marketing of their members' products; 

(e)  managing  temporary  storage  for  fishery  products  in  conformity  with  Articles 

35 and 36; 

(f) 

controlling  and  taking  measures  for  compliance  of  their  members'  activities 
with the rules established by the producer organisation. 

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Article 9 
Establishment of aquaculture producer organisations 

Aquaculture producer organisations may be established as a group set up on the own initiative 
of  producers  of  aquaculture  products  in  one  or  more  Member  States  and  recognised  in 
accordance with Section II. 

Article 10 
Objectives of aquaculture producer organisations 

Aquaculture producer organisations shall pursue the following objectives: 

(a)  promoting  sustainable  aquaculture  activities  of  their  members  by  providing 

opportunities for their development; 

(b) 

contributing to food supply and employment in coastal and rural areas; 

(c) 

ascertaining that the activities of their members are consistent with the strategic 
national  plans  referred  to  in  Article  51  of  the  Regulation  on  the  Common 
Fisheries Policy; 

(d) 

improving  the  conditions  for  the  placing  on  the  market  of  members' 
aquaculture products;  

(e) 

improving producer's profitability. 

Article 11 
Measures deployable by aquaculture producer organisations 

Aquaculture  producer  organisations  make  use  of  the  following  measures  to  achieve  the 
objectives referred to in Article 10: 

(a)  promotion  of  responsible  and  sustainable  aquaculture,  notably  in  terms  of 

environment protection, animal health and animal welfare;  

(b) 

adjusting production to market requirements; 

(c) 

channelling the supply and the marketing of members' products; 

(d) 

(e) 

controlling  and  taking  measures  for  compliance  of  their  members'  activities 
with the rules established by the producer organisation; 

collecting 
information on first sales, and on production forecasts. 

the  marketed  products 

information  on 

including  economic 

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Article 12 
Establishment of associations of producer organisations 

1. 

2. 

An association of fishery or aquaculture producer organisations may  be  established 
as a group set up on the own initiative of producer organisations recognised in one or 
more Member States. 

The provisions of this regulation applicable to producer organisations shall apply to 
associations of producer organisations unless otherwise stated. 

Article 13 
Objectives of associations of producer organisations 

Associations  of  fishery  or  aquaculture  producer  organisations  shall  pursue  the  following 
objectives 

(a)  performing  in  a  more  efficient  manner  any  of  the  objectives  of  the  member 

producer organisations laid down in Articles 7 and 10; 

(b) 

coordinating  and  developing  activities  of  common  interest  for  the  member 
producer organisations. 

Article 14 
Establishment of inter-branch organisations 

Inter-branch  organisation  may  be  established  as  a  group  set  upon  the  own  initiative  of 
operators of fishery and aquaculture products in one or more Member States and recognised 
in accordance with Section II. 

Article 15 
Objectives of inter-branch organisations 

Inter-branch organisations shall pursue the following objectives: 

(a) 

improving the conditions for making available on the market Union fishery and 
aquaculture products;  

(b)  helping to better coordinate the placing on the market and making available on 

the market of Union fishery and aquaculture products. 

Article 16 
Measures deployable by inter-branch organisations 

Inter-branch organisations may make use of the following measures to achieve the objectives 
referred to in Article 15: 

(a)  drawing up standard contracts which are compatible with Union law;  

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(b)  promoting  Union  fishery  and  aquaculture  products  in  a  non-discriminatory 
manner  by  using  the  potential  of  certification,  in  particular  designations  of 
origin, quality seals, geographical designations and sustainability merits;  

(c) 

laying down rules on the production and marketing of fishery and aquaculture 
products  which  are  stricter  than  those  laid  down  in  Union  or  national 
legislation; 

(d) 

improving  quality,  knowledge  of  and  the  transparency  of  production  and  the 
market;  

(e)  performing research and market studies, and developing techniques to optimise 
the  operation  of  the  market  including  information  and  communication 
technology;  

(f) 

providing  the  information  and  carrying  out  the  research  needed  to  deliver 
sustainable  supplies  at  the  amount,  quality  and  price  according  to  market 
requirements and consumer expectations;  

(g) 

controlling  and  taking  measures  for  compliance  of  their  members'  activities 
with the rules established by the inter-branch organisation;. 

SECTION II 
RECOGNITION 

Article 17 
Recognition of producer organisations 

Member States may recognise as fishery or aquaculture producer organisations all fishery or 
aquaculture producer groups which apply for such recognition, on condition that: 

(a) 

they are sufficiently active economically in their territory or a part thereof, in 
particular  as  regards  number  of  members  and  volume  of  marketable 
production; 

(b) 

they have a legal personality under national law of a Member State, have their 
official headquarters and are established in its territory; 

(c) 

they are capable of pursuing the objectives laid down in Articles 7 and 10; 

(d) 

they comply with the competition rules laid down in Chapter VI; 

(e) 

they may not hold a dominant position on a given market unless necessary in 
pursuance of the goals of article 39 of the Treaty. 

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Article 18 
Recognition of inter-branch organisations 

Member  States  may  recognise  as  inter-branch  organisations  all  groups  established  on  their 
territory which make an appropriate application, taking into account Union rules in particular 
as regards competition, on condition that: 

(a) 

(b) 

(c) 

they represent a significant share of at least two of the following activities in a 
given  area  or  areas:  production,  marketing  and  processing  of  fishery  and 
aquaculture  products  or  products  processed  from  fishery  and  aquaculture 
products; 

they are not themselves engaged in the production, processing or marketing of 
fishery  and  aquaculture  products  or  products  processed  from  fishery  and 
aquaculture products; 

they  have  a  legal  personality  under  the  national  law  of  a  Member  State,  and 
have  their  official  headquarters  and  are  established  in  the  territory  of  that 
Member State; 

(d) 

they can carry out the objectives laid down in Article 15; 

(e) 

they take into account the interest of consumers; 

(f) 

they do not hinder the sound operation of the Common Market Organisation. 

Article 19 
Checks and withdrawal of recognition by Member States 

Member  States  shall  carry  out  checks  at  regular  intervals  to  ascertain  whether  producer 
organisations and inter-branch organisations comply with the conditions for recognition laid 
down  in  Articles  17  and  18  and  shall,  where  appropriate,  withdraw  recognition  of  producer 
organisations or inter-branch organisations.  

Article 20 
Transnational producer organisations, associations of producer organisations and inter-
branch organisations 

Member  States  whose  nationals  are  members  of  a  producer  organisation  or  inter-branch 
organisation  established  in  the  territory  of  another  Member  State  and  those  Member  States 
hosting  the  official  headquarters  of  an  association  of  producer  organisations  recognised  in 
different  Member  States  shall  set  up,  in  collaboration  with  the  relevant  Member  States,  the 
administrative cooperation needed to carry out checks on the activities of the organisation or 
the association concerned. 

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Article 21 
Allocation of fishing opportunities  

A  producer  organisation  whose  members  are  nationals  of  different  Member  States  or  an 
association of producer organisations recognised in different Member States shall perform its 
tasks  without  prejudice  to  the  provisions  governing  the  allocation  of  fishing  opportunities 
among  Member  States  in  accordance  with  Article  16  of  the  Regulation  on  the  Common 
Fisheries Policy. 

Article 22 
Communication to the Commission 

Member  States  shall  communicate  to  the  Commission  by  electronic  means  any  decision  to 
grant or withdraw the recognition.  

Article 23 
Checks by the Commission 

In order to ensure that the conditions for recognition of producer organisations or inter-branch 
organisations laid down in Articles 17 and 18 are complied with, the Commission may carry 
out checks and may, where appropriate, request that Member States withdraw the recognition 
of producer organisations or inter-branch organisations. 

Article 24 
Delegated acts 

The Commission shall be empowered to adopt delegated acts in accordance with Article 50 to 

(a) 

amend or supplement the conditions for the recognition referred to in Articles 
17  and  18.  Those  rules  may  concern  the  internal  functioning  of  producer 
organisation  or  inter-branch  organisations,  their  rules  of  association,  financial 
and  budgetary  provisions,  obligations  for  their  members  and  enforcement  of 
the application of their rules including penalties; 

(b) 

lay down rules concerning the frequency, content and practical methods of the 
checks to be carried out by the Member States in accordance with Article 20 
and 21. 

Article 25 
Implementing acts 

1. 

The Commission shall adopt implementing acts concerning 

(a) 

the  time-limits  and  procedures  to  be  applied  by  Member  States  for  the 
recognition  of  producer  organisations  and  inter-branch  organisations  pursuant 
to  Articles  17  and  18  or  for  the  withdrawal  of  such  recognition  pursuant  to 
Article 19; 

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(b) 

the format, time-limits and procedures to be applied by by Member States for 
the comunication to the Commission of any decision to grant or withdraw the 
recognition pursuant to Article 22.  

2. 

The  implementing  acts  referred  to  in  paragrah  1  of  this  Article  shall  be  adopted  in 
accordance with the examination procedure referred to in Article 51. 

SECTION III 
EXTENSION OF RULES 

1. 

2. 

3. 

4. 

1. 

Article 26 
Extension of rules of producer organisations 

A Member State may make the rules agreed within a producer organisation binding 
on  producers  who  are  not  members  of  the  organisation  and  who  market  any  of  the 
products  within  the  area  in  which  the  producer  organisation  is  representative  on 
condition that: 

(a) 

the producer organisation is considered to be representative of production and 
marketing  in  one  Member  State  and  makes  an  application  to  the  competent 
national authorities; 

(b) 

the  rules  to  be  extended  concern  any  of  the  measures  for  producer 
organisations laid down in Article 8(a), (b), (c), (d), (e). 

For  the  purposes  of  paragraph  1(a)  a  fishery  producer  organisation  is  deemed 
representative where it accounts for at least 65 % of the quantities marketed of  the 
relevant product during the previous year in the area where it is proposed to extend 
the rules 

For  the  purposes  of  paragraph  1(a)  an  aquaculture  producer  organisation  is 
considered  to  be  representative  where  it  covers  at  least  40  %  of  the  quantities 
marketed  of  the  relevant  product  during  the  previous  year  in  the  area  where  it  is 
proposed to extend the rules. 

The rules to be extended to non-members shall apply for a period between 90 days 
and 12 months. 

Article 27 
Extension of rules of inter-branch organisations 

A Member State may make some of the agreements, decisions or concerted practices 
agreed on within an inter-branch organisation binding in a specific area or in specific 
areas on other operators who do not belong to the organisation on condition that: 

(a) 

the inter-branch organisation accounts for at least 65 % of at least two of the 
following  activities:  production,  marketing  or  processing  of  the  relevant 
product during  the previous year in the area or areas concerned of a  Member 
State, and makes an application to the competent national authorities; 

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(b) 

the  rules  to  be  extended  to  other  operators  concern  any  of  the  measures  for 
inter-branch organisations laid down in Article 16(a), (b), (c), (d), (e), (f) and 
do not cause any damage to other operators in the Member State concerned or 
the Union. 

2. 

The extension of rules may be made binding for no more than three years. 

Article 28 
Liability 

When rules are extended to non-members according to Articles 26 and 27, the Member State 
concerned may decide that non-members are liable to the producer organisation or the inter-
branch  organisation  for  the  equivalent  of  all  or  part  of  the  costs  paid  by  members  resulting 
from the application of the extension of rules. 

1. 

2. 

3. 

Article 29 
Authorisation by the Commission 

Member States shall notify the Commission of the rules which they intend to make 
binding on all producers or operators in a specific area or in specific areas pursuant 
to Articles 26 and 27.  

The Commission shall adopt a decision authorising the extension of the rules notified 
by a Member Stateif : 

(a) 

the provisions of Articles 26 and  27 are complied with; 

(b)  Chapter VI on competition rules is complied with; 

(c) 

the extension does not jeopardise free trade; 

(d) 

the objectives of Article 39 of the of the treaty are not endangered. 

Within  two  months  of  receipt  of  the  notification,  the  Commission  shall  take  a 
decision authorising or refusing to authorise  the extension of rules and shall inform 
the Member States. Where the Commission has not taken a decision within the two-
month period, the extension of rules shall be deemed to have been authorised by the 
Commission. 

Article 30 
Withdrawal of authorisation 

The Commission may carry out checks and and may withdraw the authorisation of extension 
of rules in case it establishes that any of the requirements for the authorisation is not met. The 
Commission shall inform the Member States. 

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Article 31 
Implementing acts 

Rules concerning the format and procedure of notification mentioned in Article 29(1) shall be 
established by the Commission by way of implementing acts adopted in accordance with the 
examination procedure referred to in Article 51.  

SECTION IV 
PRODUCTION AND MARKETING PLANNING 

Article 32 
Production and marketing plan 

1. 

2. 

3. 

4. 

5. 

Each  producer  organisation  shall  submit  a  production  and  marketing  plan  to  their 
competent national authorities to fulfil the objectives laid down in Article 3. 

The Member State shall approve the plan. Once approved, the producer organisation 
shall immediately implement the plan. 

Producer  organisations  may  revise  the  production  and  marketing  plan  and  the 
revision  shall  be  communicated  for  approval  to  the  competent  authorities  of  the 
Member State.  

The producer organisation shall establish an annual report of its activities under the 
production and marketing plan referred to in paragraph 1, and shall submit it to the 
competent authorities of the Member State. 

Member  States  shall  carry  out  checks  to  ensure  that  each  producer  organisation 
fulfils the obligations provided for in this Article. 

Article 33 
Delegated acts 

The Commission shall be empowered to adopt delegated acts in accordance with Article 50 to 
lay  down  rules  concerning  the  content  of  the  production  and  marketing  plan  referred  to  in 
Article  32(1). 

Article 34 
Implementing acts 

The rules of procedure and time-limits for the submission by producer organisations and the 
approval  by  Member  States  of  the  production  and  marketing  plan  referred  to  in  Article  32 
shall be established by the Commission by way of implementing acts adopted in accordance 
with the examination procedure referred to in Article 51. 

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Section V 
Stabilisation of the markets 

Article 35 
Storage mechanism 

Producer organisations may finance the storage of fishery products listed in Annex II to this 
Regulation, provided that: 

(a) 

(b) 

(c) 

the productshave been put up for sale by producer organisations but for which 
a buyer has not been found at the trigger price referred to in Article 36;  

the products meet the marketing standards adopted under Article 39 and are of 
adequate quality for human consumption; 

the products are stabilised or processed and stored by way of freezing, either on 
board  vessels  or  in  land  facilities,  salting,  drying,  marinating,  and,  where 
relevant,  boiling  and  pasteurisation.  Filleting  or  cutting-up  and,  where 
appropriate, heading, may accompany one of the previous processes; 

(d) 

the products stored are reintroduced onto the market for human consumption at 
a later stage. 

Article 36 
Prices triggering the storage mechanism 

1. 

2. 

Before  the  beginning  of  each  year,  each  producer  organisation  may  individually 
make a proposal for a price triggering the storage mechanism referred to in Article 
35 for fishery products listed in Annex II. 

The  trigger  price  may  not  exceed  80  %  of  the  weighted  average  price  recorded  for 
the product in question in the area of activity of the producer organisation concerned 
during the three years immediately preceding the year for which the trigger price is 
fixed.  

3. 

When determining the trigger price, account shall be taken of: 

(a) 

trends in production and demand; 

(b) 

the stabilisation of market prices; 

(c) 

convergence of the markets; 

(d)  producers' incomes; 

(e) 

consumers' interests. 

4. 

Member  States  shall,  upon  examining  the  proposals  of  the  producer  organisations 
recognised  in  their  territory,  determine  the  trigger  prices  to  be  applied  by  the 

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producer  organisations.  These  prices  shall  be  fixed  on  the  basis  of  the  criteria 
referred to in paragraphs 2 and 3. The prices shall be made publicly available. 

Article 37 
Implementing acts 

Rules concerning the format of publication by Member States of the trigger prices pursuant to 
Article 36(4) shall be established by the Commission by way of implementing acts adopted in 
accordance with the examination procedure referred to in Article 51.  

SECTION VI 

COLLECTIVE FUND 

Article 38 
Collective fund 

Each producer organisation may create a collective fund, which shall be used only to finance 
the following measures: 

(a)  production  and  marketing  plans  approved  by  Member  States  in  accordance 

with Article 32; 

(b) 

storage mechanism set up in Articles 35 and 36.  

Chapter III 
Marketing standards  

Article 39 
Establishment of marketing standards 

1. 

2. 

Common  marketing  standards  may  be  laid down for the products  listed in Annex I 
intended for human consumption. 

The standards referred to in paragraph 1 may in particular relate to: 

(a)  minimum  marketing  sizes  taking  into  account  the  best  available  scientific 
advice and in conformity with conservation reference sizes for fishery products 
as  referred  to  in  Article  15(3)  of  the  Regulation  on  the  Common  Fisheries 
Policy; 

(b) 

specifications  of  canned  products 
requirements and international obligations. 

in  accordance  with  conservation 

3. 

Paragraphs 1 and 2 shall apply without prejudice to: 

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(a)  Regulation (EC) No 853/2004 of the European Parliament and of the Council 

laying down specific hygiene rules for food of animal origin5; 

(b)  Council  Regulation  (EC)  No  1005/2008  establishing  a  Community  system  to 

prevent, deter and eliminate illegal, unreported and unregulated fishing6; and  

(c)  Council  Regulation  (EC)  No  1224/2009  establishing  a  Community  control 
system  for  ensuring  compliance  with  the  rules  of  the  Common  Fisheries 
Policy7. 

Article 40 
Compliance with marketing standards 

1. 

2. 

3. 

The products for which marketing standards have been laid down may be marketed 
for human consumption in the Union only in accordance with those standards.  

Member  States  shall  check  whether  the  products  subject  to  common  marketing 
standards comply with those standards. The checks may take place at all marketing 
stages and during transport. 

All fishery products landed, including those not complying with marketing standards, 
may be, under the responsibility of the Member States, distributed free of charge to 
philanthropic or charitable institutions established in the Union or to persons who are 
recognised  by  the  legislation  of  the  Member  State  concerned  as  being  entitled  to 
public assistance.  

Article 41 
Delegated acts 

The Commission shall be empowered to adopt delegated acts in accordance with Article 50, 
in order to define the common marketing standards referred to in Article 39(1) with regard to 
quality,  size  or  weight,  packing,  presentation  and  labelling,  and,  if  experience  gained  in  the 
implementation of the standards so requires, to amend them, while ensuring that the standards 
are defined in a fair and transparent manner; 

Chapter IV 
Consumer information 

Article 42 
Mandatory information 

1. 

5 
6 
7 

Fishery and aquaculture products referred to in points (a), (b), (c) and (e) of Annex I 
which  are  marketed  within  the  Union,  irrespective  of  their  origin,  may  only  be 

OJ L 139, 30.4..2004, p. 55 
OJ L 286, 29.10.2008, p. 1 
OJ L 343, 22.12.2009, p. 1 

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offered  for  retail  to  the  final  consumer  where  appropriate  marking  or  labelling 
indicates:   

(a) 

the commercial designation of the species; 

(b) 

the  production  method, 
"…caught…" or "…caught in freshwater …' or "… farmed…"; 

in  particulare  by 

the  following  words 

(c) 

the area where the product was caught or farmed;  

(d) 

the date of catch of fishery products or harvest of aquaculture products;  

(e)  whether the product is fresh or has been defrosted; 

2. 

Fishery  and  aquaculture  products  referred  to  in  parts  (h)  and  (i)  of  Annex  I,  which 
are marketed within the Union, irrespective of their origin, may only be offered for 
retail to the final consumer where appropriate marking or labelling indicates::  

(a) 

the commercial designation of the species; 

(b) 

the  production  method, 
"…caught…" or "…caught in freshwater …' or "… farmed…";  

in  particular  by 

the 

following  words 

(c) 

the area where the product was caught or farmed;  

3. 

4. 

The information referred to in paragraphs 1 and 2 shall be displayed in a clear and 
distinct manner. 

Paragraphs 1, 2 and 3 shall apply without prejudice to : 

(a)  Directive 2000/13/EC of 20 March 2000 on the approximation of the laws of 
the  Member  States  relating  to  the  labelling,  presentation  and  advertising  of 
foodstuffs8, 

(b)  Council Regulation (EEC) No 2136/89 of 21 June 1989 laying down common 

marketing standards for preserved sardines9 

(c)  Council  Regulation  (EEC)  No  1536/92  of  9  June  1992  laying  down  common 

marketing standards for preserved tuna and bonito10 

Article 43 
Commercial designation 

For  the  purposes  of  Article  42,  paragraphs  1(a)  and  2(a),  the  Member  States  shall  draw  up 
andpublish  a  list  of  the  commercial  designations  accepted  in  their  territory.  The  list  shall 
indicate: 

8 
9 
10 

OJ L 109, 6.5.2000, p. 29 
OJ L 212, 22.07.1989, p.79 
OJ L 163, 17.06.1992, p. 1 

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(a) 

the  scientific  name  for  each  species  according  to  the  FishBase  Information 
System; 

(b) 

its name in the official language or languages of the Member State;  

(c)  where  applicable,  any  other  name  or  names  accepted  or  permitted  locally  or 

regionally. 

Article 44 
Indication of the catch or production area  

1. 

The  indication  of  the  catch  or  production  area  in  accordance  with  Article  42, 
paragraphs 1(c) and 2(c) shall consist of the following: 

(a) 

(b) 

(c) 

in  the  case  of  fishery  products  caught  at  sea,  the  name  of  one  of  the  areas, 
subareas or divisions listed in the FAO Fishing Areas; 

in the case of fishery products caught in freshwater, a reference to the Member 
State or third country of provenance of the product;  

In  the  case  of  aquaculture  products,  a  reference  to  the  Member  State  or  third 
country in which the product undergoes a final rearing or cultivation stage of at 
least 3 months. 

2. 

In  addition  to  the  information  referred  to  in  paragraph  1,  operators  may  indicate  a 
more precise catch or production area. 

Article 45 
Additional voluntary information 

1. 

In  addition  to  the  mandatory  information  required  pursuant  to  Article 42,  the 
following information may be provided on a voluntary basis: 

(a) 

environmental information; 

(b) 

ethical or social information; 

(c) 

information on production techniques; 

(d) 

information on production practices; 

2. 

3. 

(e) 

information on the nutritional content of the product. 

Voluntary information shall not be displayed to the detriment of the space available 
for mandatory information on the marking or labelling. 

Paragraph 1 shall apply without prejudice to  

(a)  Directive 2000/13/EC; 

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(b)  Directive  90/496/EEC  of  24  September  1990  on  nutrition  labelling  for 

foodstuffs11; 

(c)  Regulation  (EC)  1924/2006  of  20  December  2006  on  nutrition  and  health 

claims made on food12; 

(d)  Regulation  (EC)  No  510/2006  on  the  protection  of  geographical  indications 

and designations of origin for agricultural products and foodstuffs13; 

(e)  Regulation  (EC)  No  509/2006  on  agricultural  products  and  foodstuffs  as 

traditional specialities guaranteed14 and  

(f)  Regulation  No  834/2007  on  organic  production  and  labelling  of  organic 

products. 

Article 46 
Delegated acts 

The Commission shall be empowered to adopt delegated acts in accordance with Article 50, 
in order to 

(a) 

(b) 

supplement  or  amend  the  mandatory  information  requirements  referred  to  in 
Article 42(1), Article 42(2), Article 43 and Article 44, while ensuring that the 
mandatory information is performed in an accurate and transparent manner; 

set minimum criteria for information voluntarily provided by operators referred 
to in Article 45(1), while ensuring that the conditions for displaying voluntary 
information are accurate, transparent and non-discriminatory. 

Chapter V 
Competition rules 

Article 47 
Application of competition rules 

Articles 101 to 106 of the treaty and their implementing provisions shall apply to agreements, 
decisions  and  practices  referred  to  in  Articles  101(1)  and  102  of  the  treaty  which  relate  to 
production or marketing of fishery and aquaculture products. 

11 
12 
13 
14 

OJ L 276, 6.10.1990, p. 40 
OJ L 404, 30.12.2006, p. 9 
OJ L 93, 31.3.2006, p. 12 
OJ L 93, 31.3.2006, p. 1 

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Article 48 
Exceptions to the application of competition rules 

1. 

Notwithstanding Article 47 of this Regulation, Article 101(1) of the treaty shall not 
apply  to  agreements,  decisions  and  practices  of  producer  organisations  which 
concern  the  production  or  sale  of  fishery  and  aquaculture  products  ,  or  the  use  of 
joint  facilities  for  the  storage,  treatment  or  processing  of  fishery  and  aquaculture 
products, and which  

(a) 

are necessary to attain the objectives set out in Article 39 of the treaty and , 

(b)  do not imply any obligation to charge identical prices; 

(c) 

do notlead to the partitioning of markets in any form within the Union, 

(d)  do not exclude competition  

(e) 

do not jeopardise the achievement of the objectives of Article 39 of the treaty.  

2. 

Notwithstanding Article 47 of this Regulation, Article 101(1) of the treaty shall not 
apply to agreements, decisions and practices of inter-branch organisations which  

(a) 

are necessary to attain the objectives set out in Article 39 of the treaty and  

(b)  do not entail any obligation to apply a fixed price; 

(c)  do not lead to the partitioning of markets in any form within the Union; 

(d)  do not apply dissimilar conditions to equivalent transactions with other trading 

partners, thereby placing them at a competitive disadvantage; 

(e)  do  not  eliminate  competition  in  respect  of  a  substantial  proportion  of  the 

products in question; 

(f) 

do not restrict competition in ways which  are not essential for the achievement 
of the goals of the Common Fisheries Policy . 

Chapter VI 
Market intelligence 

Article 49 
Market Intelligence 

1. 

The Commission shall: 

(a)  gather, analyse and disseminate economic knowledge and understanding of the 
Union  market  for  fishery  and  aquaculture  products  along  the  supply  chain, 
taking into account the international context; 

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(b) 

survey  prices  regularly  along  the  Union  supply  chain  for  fishery  and 
aquaculture products and conduct analyses on market trends; 

(c)  provide ad-hoc market studies and a methodology for price formation surveys. 

2. 

In order to achieve the objectives referred to in paragraph 1, the Commission shall 
make use of the following measures: 

(a) 

facilitate access to available data on fishery and aquaculture products collected 
pursuant to the Union legislation; 

(b)  make market information available to the adequate level to stakeholders. 

3. 

Member States shall contribute to achieve the objectives referred to in paragraph 1. 

Chapter VII 
Procedural provisions 

Article 50 
Exercise of delegation 

1. 

2. 

3. 

4. 

5. 

The  power  to  adopt  delegated  acts  is  conferred  on  the  Commission  subject  to  the 
conditions laid down in this Article.  

The delegation of power referred to in Articles 24, 33, 41 and  46 shall be conferred 
for an indeterminate period of time from […] 

The delegation of power referred to in Articles 24, 33, 41 and  46 may be revoked at 
any  time  by  the  European  Parliament  or  by  the  Council.  A  decision  of  revocation 
shall  put  an  end  to  the  delegation  of  the  powers  specified  in  that  decision.  It  shall 
take effect the day following the publication of the decision in the Official Journal of 
the European Union or at a later date specified therein. It shall not affect the validity 
of any delegated acts already in force.  

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 
the European Parliament and to the Council.  

A delegated act adopted pursuant to Articles 24, 33, 41 and  46 shall enter into force 
only  if  no  objection  has  been  expressed  either  by  the  European  Parliament  or  the 
Council  within  a  period  of  2  months  of  notification  of  that  act  to  the  European 
Parliament  and  the  Council  or  if,  before  the  expiry  of  that  period,  the  European 
Parliament  and  the  Council  have  both  informed  the  Commission  that  they  will  not 
object.  That  period  shall  be  extended  by  2  months at the initiative of the European 
Parliament or the Council. 

EN 

27 

   EN 

 
Article 51 
Implementation 

1. 

2. 

The  Commission  shall  be  assisted  by  a  committee.  That  committee  shall  be  a 
committee within the meaning of Regulation (EU) No 182/2011. 

Where  reference  is  made  to  this  paragraph,  Article  5  of  Regulation  (EU)  No 
182/2011 shall apply.  

Chapter VIII 
Final provisions 

Article 52 
Amendment to Regulation (EC) No 1184/2006 

In Article 1 of Regulation (EC) No 1184/2006 the following words are added:  

"and Regulation (UE) No …. of the European Parliament and of the Council , of …. 
on the common organisation of the markets in fishery and aquaculture products (*) 

(*) OJ …"  

Article 53 
Repeal 

Regulation (EC) No 104/2000 is hereby repealed. However Articles 9, 10, 11, 17, 18, 19, 20, 
21, 22, 23, 24, 25, 26, 27, 34, 35, 36, 37, 38 and 39 shall apply until 31 December 2013.  

References to the repealed Regulation shall be construed as references to this Regulation and 
shall be read in accordance with the correlation table in Annex III.  

54 
Review 

The Commission shall report to the European Parliament and the Council on the results of the 
application of this Regulation before the end of 2022.  

Article 55 
Entry into force 

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

It shall apply from 1 January 2013 with the exception of Articles 32, 35 and 36, which shall 
apply from 1 January 2014.  

EN 

28 

   EN 

 
This Regulation shall be binding in its entirety and directly applicable in the Member States in 
accordance with the Treaties. 

Done at Brussels, […] 

For the European Parliament 
The President […] 

For the Council 
The President […] 

EN 

29 

   EN 

 
CN code 

(a) 

0301 

Live fish 

ANNEX I 

Description of goods 

0302 

Fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304 

0303 

Fish, frozen, excluding fish fillets and other fish meat of heading 0304 

0304 

Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen 

(b) 

0305 

Fish,  dried,  salted  or  in  brine;  smoked  fish,  whether  or  not  cooked  before  or  during  the 
smoking process; flours, meals and pellets of fish, fit for human consumption 

(c) 

0306 

Crustaceans,  whether  in  shell  or  not,  live,  fresh,  chilled,  frozen,  dried,  salted  or  in  brine; 
crustaceans,  in  shell,  cooked  by  steaming  or  by  boiling  in  water,  whether  or  not  chilled, 
frozen,  dried,  salted  or  in  brine;  flours,  meals  and  pellets  of  crustaceans,  fit  for  human 
consumption 

0307 

Molluscs, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; aquatic 
invertebrates other than crustaceans and molluscs, live, fresh, chilled, frozen, dried, salted or 
in  brine;  flours,  meals  and  pellets  of  aquatic  invertebrates  other  than  crustaceans,  fit  for 
human consumption 

(d) 

Animal products not elsewhere specified or included; dead animals of Chapter 1 or 3, unfit for 
human consumption: 

- Other 

-  -  Products  of  fish  or  crustaceans,  molluscs  or  other  aquatic  invertebrates;  dead  animals  of 

Chapter 3:  

- - - Fish waste 

- - - Other 

0511 91 10 

0511 91 90 

(e) 1212 20 00 

- Seaweeds and other algae 

(f) 

Fats and oils and their fractions, of fish, whether or not refined, but not chemically modified: 

- Fish-liver oils and their fractions 

- Fats and oils and their fractions, of fish, other than liver oils 

1504 10 

1504 20 

(g)  1603 00  

Extracts and juices of meat, fish or crustaceans, molluscs or other aquatic invertebrates 

(h) 

1604 

Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs 

(i) 

(j) 

EN 

1605 

Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved 

Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, 

30 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether 
or not prepared 

- Stuffed pasta, whether or not cooked or otherwise prepared: 

-  -  Containing  more  than  20  %  by  weight  of  fish,  crustaceans,  molluscs  or  other  aquatic 

invertebrates 

1902 20 

1902 20 10 

(k) 

Flours, meals and pellets, of meat or meat offal, of fish or of crustaceans, molluscs or other 
aquatic invertebrates, unfit for human consumption; greaves: 

2301 20 00 

- Flours, meals and pellets, of fish or of crustaceans, molluscs or other aquatic invertebrates 

(l) 

Preparations of a kind used in animal feeding 

2309 90 

- Other: 

ex  2309  90 
10 

- - Fish solubles 

EN 

31 

   EN 

 
 
 
 
 
 
 
 
 
 
ANNEX II 

CN Code 

Description of the goods 

0302 22 00 

Plaice (Pleonectes platessa) 

ex 0302 29 90 

Dab (Limanda limanda) 

0302 29 10 

Megrim (Lepidorhombus spp.) 

ex 0302 29 90 

Flounder (Platichthys flesus) 

0302 31 10 

Albacore or longfinned tunas (Thunnus alalunga) 

and 

0302 31 90 

ex 0302 40 

0302 50 10 

0302 61 10 

0302 62 00 

0302 63 00 

ex 0302 64 

0302 65 20 

and 

0302 65 50 

0302 69 31 

and 

0302 69 33 

0302 69 41 

0302 69 45 

0302 69 55 

Herring of the species Clupea harengus 

Cod of the species Gadus morhua 

Sardines of the species Sardina pilchardus 

Haddock (Melanogrammus aeglefinus) 

Coalfish (Pollachius virens) 

Mackerel of the species Scomber scombrus and Scomber japonicus 

Dogfish (Squalus acanthias and Scyliorhinus spp.) 

Redfish (Sebastes spp.) 

Whiting (Merlangius merlangus) 

Ling (Molva spp.) 

Anchovies (Engraulis spp.) 

ex 0302 69 68 

Hake of the species Merluccius merluccius 

0302 69 81 

Monkfish (Lophius spp.) 

ex 0307 41 10 

Cuttlefish (Sepia officinalis and Rossia macrosoma) 

ex 0306 23 10 

Shrimps of the species Crangon crangon and deepwater prawn (Pandalus borealis) 

ex 0306 23 31 

ex 0306 23 39 

0302 23 00 

0306 24 30 

0306 29 30 

Sole (Solea spp.) 

Edible crabs (Cancer pagurus) 

Norway lobsters (Nephrops norvegicus) 

EN 

32 

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Lesser or Greenland halibut (Reinhardtius hipoglossoides) 

Hake of the genus Merluccius 

Sea bream (Dentex dentex and Pagellus spp.) 

Swordfish (Xiphias Gladius) 

Shrimps of the family Penaeidae 

Cuttlefish of the species Sepia officinalis, Rossia macrosoma and Sepiola rondeletti 

Squid (Loligo spp.) 

Squid (Ommastrephes sagittatus) 

Octopus (Octopus spp.) 

Illex spp. 

Albacore or longfinned tuna (Thunnus alalunga) 

Yellowfin tunas (Thunnus albacares) 

Skipjack or stripe-bellied bonito (Katsuwomus pelamis) 

Bluefin tuna (Thunnus thynnus) 

Other species of the genera Thunnus and Euthynnus 

0303 31 10 

0303 78 11 
0303 78 12 

0303 78 13 

0303 78 19 

and 

0303 29 55 

0304 29 56 

0304 29 58 

0303 79 71 

0303 61 00 

0304 21 00 

0304 91 00 

0306 13 40 

0306 13 50 

ex 0306 13 80 

0307 49 18 

0307 49 01 

0307 49 31 

0307 49 33 

0307 49 35 

and 

0307 49 38 

0307 49 51 

0307 59 10 

0307 99 11 

0303 41 10 

0302 32 10 

0303 42 12 

0303 42 18 

0303 42 42 

0303 42 48 

0302 33 10 

0303 43 10 

0303 45 10 

0302 39 10 

0302 69 21 

0303 49 30 

0303 79 20 

EN 

33 

   EN 

 
 
ex 0302 29 90 

Lemon sole (Microstomus kitt) 

0302 35 10 

Bluefin tunas (Thunnus thynnus) 

and 

0302 35 90 

ex 0302 69 51 

Pollack (Pollachius pollachius) 

0302 69 75 

Ray's bream (Brama spp.) 

ex 0302 69 82 

Blue whiting (Micromesistius poutassou or Gadus poutassou) 

ex 0302 69 99 

Pout (Trisopterus luscus) and poor cod (Trisopterus minutus) 

ex 0302 69 99 

Bogues (Boops boops) 

ex 0302 69 99 

Picarel (Spicara smaris) 

ex 0302 69 99 

Conger (Conger conger) 

ex 0302 69 99 

Gurnard (Trigla spp.) 

ex 0302 69 91  

Horse mackerel (Trachurus spp.) 

ex 0302 69 99 

ex 0302 69 99 

Mullet (Mugil spp.) 

ex 0302 69 99 

Skate (Raja spp.) 

and  

ex 0304 19 99 

ex 0302 69 99 

Scabbard fish (Lepidopus caudatus and Aphanopus carbo) 

ex 0307 21 00 

Common scallop (Pecten maximums) 

ex 0307 91 00 

Common whelk (Buccinum undatum) 

ex 0302 69 99 

Striped or red mullet (Mullus surmuletus, Mullus barbatus) 

ex 0302 69 99 

Black sea bream (Spondyliosoma cantharus) 

EN 

34 

   EN 

 
 
 
ANNEX III 

CORRELATION TABLE 

Regulation (EC) No 104/2000 

This Regulation 

Article 1 

Articles 2, 3 

Article 4 

Article 5(1) 

Articles 1, 2, 3, 4, 5 

Articles 39, 40, 41 

Articles 42, 43, 44, 45, 46 

Articles 6, 7, 8, 9, 10, 11, 12, 13 

Articles 5(2), 5(3), 5(4), 6 

Articles 17, 19, 20, 21, 22, 23, 24, 25 

Article 7 

Article 8 

Articles 26, 28, 29, 30, 31 

- 

Articles 9, 10, 11, 12 

Articles 32, 33, 34, 38 

Article 13 

Article 14 

Article 15 

Article 16 

Articles 17, 18, 19, 20, 21, 22, 23, 
24, 25, 26, 27 

Articles 14, 15, 16, 18, 19, 20, 22, 23, 24, 25 

Article 48(2) 

Article 27 

Articles 28, 29, 30, 31 

Articles 35, 36, 37, 38 

Articles 28, 29, 30, 31, 32, 33 

- 

Article 34  

Article 35 

Article 36 

Article 37 

Articles 38, 39 

Article 40 

Article 41 

Article 42 

EN 

Articles 22, 25, 37 

- 

- 

Articles 50, 51 

Article 51 

- 

Article 54 

Articles 52, 53 

35 

   EN 

 
Article 43 

- 

- 

- 

Article 55 

Article 47 

Article 48(1) 

Article 49 

EN 

36 

   EN