CELEX: 31976R0103
Language: en
Date: 1976-01-19 00:00:00
Title: Council Regulation (EEC) No 103/76 of 19 January 1976 laying down common marketing standards for certain fresh or chilled fish

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31976R0103

Council Regulation (EEC) No 103/76 of 19 January 1976 laying down common marketing standards for certain fresh or chilled fish  

Official Journal L 020 , 28/01/1976 P. 0029 - 0034 Finnish special edition: Chapter 4 Volume 1 P. 0016  Greek special edition: Chapter 04 Volume 1 P. 0071  Swedish special edition: Chapter 4 Volume 1 P. 0016  Spanish special edition: Chapter 04 Volume 1 P. 0020  Portuguese special edition Chapter 04 Volume 1 P. 0020 

++++ ( 1 ) SEE PAGE 1 OF THIS OFFICIAL JOURNAL .   ( 2 ) OJ N L 264 , 5 . 12 . 1970 , P . 1 .   ( 3 ) OJ N L 328 , 20 . 12 . 1975 , P . 9 .  COUNCIL REGULATION ( EEC ) N 103/76  OF 19 JANUARY 1976  LAYING DOWN COMMON MARKETING STANDARDS FOR CERTAIN FRESH OR CHILLED FISH  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,  HAVING REGARD TO COUNCIL REGULATION ( EEC ) N 100/76 OF 19 JANUARY 1976 ON THE COMMON ORGANIZATION OF THE MARKET IN FISHERY PRODUCTS ( 1 ) , AND IN PARTICULAR ARTICLE 2 ( 3 ) THEREOF ,  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,  WHEREAS REGULATION ( EEC ) N 100/76 PROVIDES THAT COMMON MARKETING STANDARDS MAY BE LAID DOWN ; WHEREAS THE APPLICATION OF SUCH STANDARDS SHOULD HELP TO IMPROVE THE QUALITY OF FISH MARKETED AND THUS FACILITATE THEIR SALE ;  WHEREAS ONE WAY OF IMPROVING QUALITY IS TO PROHIBIT THE MARKETING FOR HUMAN CONSUMPTION OF FISH WHICH IS NOT OF A GIVEN DEGREE OF FRESHNESS ;  WHEREAS , IN ALMOST ALL MEMBER STATES ENGAGED IN SEA FISHING , FISH WHICH HAVE BEEN ADJUDGED FIT FOR HUMAN CONSUMPTION UNDER NATIONAL REGULATIONS ARE OFFERED FOR SALE AFTER GRADING FOR SIZE , WEIGHT , PRESENTATION AND OTHER CRITERIA ; WHEREAS FISH ARE ALSO GRADED ACCORDING TO DEGREE OF FRESHNESS ;  WHEREAS THE ADOPTION OF STANDARDS FOR CERTAIN PRODUCTS HAS ASSUMED PARTICULAR IMPORTANCE IN VIEW OF THE MEASURES ON THE DETERMINATION AND FORMATION OF PRICES PROVIDED FOR IN REGULATION ( EEC ) N 100/76 ; WHEREAS THE GRADING HITHERTO CARRIED OUT AT NATIONAL LEVEL SHOULD THEREFORE BE STANDARDIZED ;  WHEREAS FISH HAVE HITHERTO BEEN GRADED ONLY BEFORE BEING SOLD FOR THE FIRST TIME , SINCE A LARGE PROPORTION OF SUCH FISH IS IMMEDIATELY FILLETED OR OTHERWISE PROCESSED ; WHEREAS APPLICATION OF COMMON STANDARDS SHOULD THEREFORE BE LIMITED TO THE FIRST MARKETING STAGE IN THE COMMUNITY ;  WHEREAS THE STANDARDS MUST APPLY TO ALL FISH INTENDED FOR HUMAN CONSUMPTION , INCLUDING IMPORTED FISH , MARKETED ON THE TERRITORY OF THE MEMBER STATES OF THE COMMUNITY ; WHEREAS THE LIMITATION OF THE OBLIGATION INCUMBENT ON THE INDUSTRY TO FISH INTENDED FOR HUMAN CONSUMPTION ENABLES A CLEARER AND MORE RAPID DISTINCTION TO BE MADE BETWEEN PRODUCTS WHICH ARE PERMITTED FOR HUMAN CONSUMPTION AND WHICH , BEING USED FOR THAT PURPOSE , ARE THEREFORE SUBJECT TO GRADING , AND OTHER PRODUCTS ; WHEREAS THIS WILL FACILITATE BOTH MARKETING AT THE STAGE WHERE STANDARDS ARE APPLIED AND THE CHECKING OF COMPLIANCE WITH THESE STANDARDS ; WHEREAS IT SEEMS NECESSARY , HOWEVER , TO EXCLUDE FROM THE FIELD OF APPLICATION OF THE STANDARDS CERTAIN DIRECT SALES OF SMALL QUANTITIES TO RETAILERS OR CONSUMERS ;  WHEREAS THE 11 SPECIES COVERED BY THIS REGULATION REPRESENT ABOUT 60 % OF COMMUNITY PRODUCTION OF FRESH FISH AND 80 % OF IMPORTS FROM THIRD COUNTRIES ; WHEREAS PRIORITY SHOULD THEREFORE BE GIVEN TO THE ADOPTION OF STANDARDS FOR THESE SPECIES ;  WHEREAS FRESHNESS IS A DECISIVE FACTOR IN ASSESSING THE QUALITY OF FISH ; WHEREAS GRADING BY SIZE IS ALSO ESSENTIAL BECAUSE OF THE DIVERSITY OF CONSUMERS' BUYING HABITS AND THE PROCESSING METHODS NORMALLY USED IN THE COMMUNITY ;  WHEREAS THE VARYING DEGREES OF FRESHNESS AND DIFFERENCES IN SIZE MUST BE MADE ADEQUATELY CLEAR ; WHEREAS IT IS ADVISABLE THEREFORE TO PROVIDE FOR A LIMITED , YET SUFFICIENT , NUMBER OF FRESHNESS AND SIZE CATEGORIES ;  WHEREAS THERE IS AT PRESENT NO OBJECTIVE METHOD OF ASSESSING THE FRESHNESS OF FISH BOTH RAPIDLY AND CHEAPLY ; WHEREAS ONLY ORGANOLEPTIC EXAMINATION , WHICH IS , MOREOVER , IN USE IN THE MEMBER STATES , MEETS THIS REQUIREMENT AND CONSTITUTES AN ACCEPTABLE METHOD ;  WHEREAS , IN VIEW OF NORMAL PRACTICE IN MOST MEMBER STATES , IT IS ADVISABLE THAT THE INDUSTRY SHOULD GRADE FISH FOR FRESHNESS AND SIZE ; WHEREAS , WITH A VIEW IN PARTICULAR TO ASSESSING FRESHNESS BY ORGANOLEPTIC CRITERIA , PROVISION SHOULD BE MADE FOR THE COLLABORATION OF EXPERTS APPOINTED FOR THIS PURPOSE BY THE TRADE ORGANIZATIONS CONCERNED ;  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 ;  WHEREAS IT IS ESSENTIAL THAT FISH IMPORTED FROM THIRD COUNTRIES SHOULD CONFORM TO COMMUNITY STANDARDS ;  WHEREAS THE APPLICATION OF COMMUNITY STANDARDS TO THESE FISH MEANS THAT ADDITIONAL INFORMATION MUST BE GIVEN ON PACKAGES ; WHEREAS , HOWEVER , THIS INFORMATION IS NOT NECESSARY IN THE CASE OF FISH LANDED IN THE COMMUNITY FROM VESSELS UNDER THE SAME CONDITIONS AS COMMUNITY CATCHES ,  HAS ADOPTED THIS REGULATION :  ARTICLE 1  FOR THE PURPOSES OF THIS REGULATION :   ( A ) " MARKETING " MEANS THE FIRST OFFERING FOR SALE AND THE FIRST SALE AFTER ARRIVAL IN THE COMMUNITY ;   ( B ) " LOT " MEANS A QUANTITY OF FISH OF THE SAME SPECIES WHICH HAS BEEN SUBJECTED TO THE SAME TREATMENT AND WHICH MAY HAVE COME FROM THE SAME FISHING GROUND AND THE SAME VESSEL ;   ( C ) " FISHING GROUND " MEANS THE DESCRIPTION USUALLY GIVEN BY THE FISHING INDUSTRY TO THE PLACE IN WHICH THE CATCHES HAVE BEEN MADE ;   ( D ) " PRESENTATION " MEANS THE FORM IN WHICH THE FISH IS MARKETED , SUCH AS WHOLE , GUTTED , HEADLESS , ETC .  ARTICLE 2  1 . FISH AS SPECIFIED IN ARTICLE 3 WHICH FORM PART OF COMMUNITY CATCHES MAY BE MARKETED FOR HUMAN CONSUMPTION WITHIN THE COMMUNITY ONLY IF IT COMPLIES WITH THE PROVISIONS OF THIS REGULATION .  2 . THE PROVISIONS OF THIS REGULATION SHALL NOT , HOWEVER , APPLY TO SMALL QUANTITIES OF FISH DISPOSED OF BY INSHORE FISHERMEN DIRECT TO RETAILERS OR TO CONSUMERS .  3 . DETAILED RULES FOR THE APPLICATION OF PARAGRAPH 2 SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 32 OF REGULATION ( EEC ) N 100/76 .  ARTICLE 3  MARKETING STANDARDS ARE HEREBY LAID DOWN FOR THE FOLLOWING SPECIES OF SALTWATER FISH , FALLING WITHIN SUBHEADING EX 03.01 B I OF THE COMMON CUSTOMS TARIFF , WITH THE EXCEPTION OF FISH WHICH IS LIVE , FROZEN OR IN PIECES .  COD ( GADUS MORRHUA )  COALFISH ( POLLACHIUS VIRENS )  HADDOCK ( MELANOGRAMMUS AEGLEFINUS )  WHITING ( MERLANGIUS MERLANGUS )  PLAICE ( PLEURONECTES PLATESSA )  REDFISH ( SEBASTES MARINUS )  MACKEREL ( SCOMBER SCOMBRUS )  HERRING ( CLUPEA HARENGUS )  SARDINES ( CLUPEA PILCHARDUS WALBAUM )  ANCHOVIES ( ENGRAULIS ENCRASICHOLUS )  HAKE ( MERLUCCIUS SP.P . )  ARTICLE 4  THE MARKETING STANDARDS REFERRED TO IN ARTICLE 3 COMPRISE :   ( A ) FRESHNESS CATEGORIES , AND   ( B ) SIZE CATEGORIES .  ARTICLE 5  THE FRESHNESS CATEGORY OF EACH LOT SHALL BE DETERMINED ON THE BASIS OF THE FRESHNESS RATING OF THE FISH AND A NUMBER OF ADDITIONAL REQUIREMENTS .  THE FRESHNESS RATING SHALL BE DEFINED BY REFERENCE TO THE SCALE SET OUT IN ANNEX A TO THIS REGULATION , WHICH COVERS THE FOLLOWING ASPECTS :   ( A ) APPEARANCE ,   ( B ) CONDITION ,   ( C ) SMELL .  EACH PART EXAMINED SHALL BE AWARDED MARKS CORRESPONDING TO THE FRESHNESS CRITERIA INDICATED IN THE SCALE . THE ARITHMETIC MEAN OF THE MARKS AWARDED SHALL INDICATE THE FRESHNESS RATING .  ARTICLE 6  1 . ON THE BASIS OF THE PROVISIONS OF ARTICLE 5 , FISH SHALL BE CLASSIFIED BY LOT IN FRESHNESS CATEGORY " EXTRA " , A OR B .  FRESHNESS CATEGORY " EXTRA " :  THE FRESHNESS RATING OF THE FISH IN THIS CATEGORY SHALL BE 2 * 7 AND OVER . THE FISH MUST BE FREE FROM PRESSURE MARKS , INJURIES , BLEMISHES AND BAD DISCOLORATION .  FRESHNESS CATEGORY A :  THE FRESHNESS RATING OF FISH IN THIS CATEGORY SHALL BE 2 AND OVER BUT LESS THAN 2 * 7 . A VERY SMALL PROPORTION OF FISH WITH SLIGHT PRESSURE MARKS AND SUPERFICIAL INJURIES SHALL BE TOLERATED . THE FISH MUST BE FREE FROM BLEMISHES AND BAD DISCOLORATION .  FRESHNESS CATEGORY B :  THE FRESHNESS RATING OF FISH IN THIS CATEGORY SHALL BE 1 AND OVER BUT LESS THAN 2 . A VERY SMALL PROPORTION OF FISH WITH MORE SERIOUS PRESSURE MARKS AND SLIGHT INJURIES SHALL BE TOLERATED . THE FISH MUST BE FREE FROM BLEMISHES AND BAD DISCOLORATION .  2 . WHEN THE PRODUCTS ARE BEING CLASSIFIED BY FRESHNESS CATEGORY THE PRESENCE OF PARASITES SHALL ALSO BE TAKEN INTO CONSIDERATION , ALLOWANCE BEING MADE FOR THE TYPE OF PRODUCT , THE FISHING GROUND IN WHICH IT WAS CAUGHT AND ITS PRESENTATION .  DETAILED RULES FOR THE APPLICATION OF THIS PARAGRAPH SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 32 OF REGULATION ( EEC ) N 100/76 . A DECISION TO MAKE AN INDICATION OF THE FISHING GROUND COMPULSORY FOR EACH LOT MAY BE TAKEN IN ACCORDANCE WITH THE SAME PROCEDURE .  ARTICLE 7  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 .  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 8  1 . FISH SHALL BE SIZED BY WEIGHT OR BY NUMBER PER KILOGRAMME .  2 . LOTS SHALL BE PLACED IN SIZE CATEGORIES IN ACCORDANCE WITH THE SCALE SET OUT IN ANNEX B TO THIS REGULATION .  3 . EACH LOT MUST CONTAIN FISH 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 .  4 . 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 .  ARTICLE 9  THE INDUSTRY SHALL GRADE FISH FOR FRESHNESS AND SIZE IN COLLABORATION WITH EXPERTS DESIGNATED FOR THAT PURPOSE BY THE TRADE ORGANIZATIONS CONCERNED .  ARTICLE 10  NOT LATER THAN ONE MONTH BEFORE THIS REGULATION BEGINS TO APPLY , EACH MEMBER STATE SHALL SUPPLY THE OTHER MEMBER STATES AND THE COMMISSION WITH A LIST OF THE NAMES AND ADDRESSES OF THE EXPERTS AND TRADE ORGANIZATIONS REFERRED TO IN ARTICLE 9 . THE OTHER MEMBER STATES AND THE COMMISSION SHALL BE INFORMED OF ANY AMENDMENTS TO THIS LIST .  ARTICLE 11  1 . FISH AS SPECIFIED IN ARTICLE 3 IMPORTED FROM THIRD COUNTRIES MAY BE MARKETED IN THE COMMUNITY FOR HUMAN CONSUMPTION ONLY IF :   ( A ) IT COMPLIES WITH THE PROVISIONS OF ARTICLES 4 , 5 , 6 , 7 AND 8 ;   ( B ) IT IS PRESENTED IN PACKAGES ON WHICH THE FOLLOWING INFORMATION IS CLEARLY AND LEGIBLY MARKED :   _ COUNTRY OF ORIGIN , PRINTED IN ROMAN LETTERS WHICH ARE AT LEAST 20 MM HIGH ;   _ SPECIES OF FISH ;   _ PRESENTATION ;   _ FRESHNESS AND SIZE CATEGORIES ;   _ NET WEIGHT IN KG OF THE FISH IN THE PACKAGE ;   _ DATE OF GRADING AND DATE OF DISPATCH ;   _ NAME AND ADDRESS OF SENDER .  2 . HOWEVER , FISH LANDED IN A COMMUNITY PORT DIRECT FROM THE FISHING GROUNDS FROM VESSELS FLYING THE FLAG OF A THIRD COUNTRY AND INTENDED FOR MARKETING FOR HUMAN CONSUMPTION SHALL BE SUBJECT , WHEN PUT ON THE MARKET , TO THE SAME PROVISIONS AS THOSE APPLICABLE TO COMMUNITY CATCHES .  ARTICLE 12  1 . COUNCIL REGULATION ( EEC ) N 2455/70 OF 30 NOVEMBER 1970 DETERMINING COMMON MARKETING STANDARDS FOR CERTAIN FRESH OR CHILLED FISH ( 2 ) , AS LAST AMENDED BY REGULATION ( EEC ) N 3308/75 ( 3 ) , IS HEREBY REPEALED .  2 . REFERENCES TO THE REGULATION REPEALED BY VIRTUE OF PARAGRAPH 1 SHALL BE CONSTRUED AS REFERENCES TO THIS REGULATION .  ARTICLE 13  THIS REGULATION SHALL ENTER INTO FORCE ON 1 FEBRUARY 1976 .  THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .  DONE AT BRUSSELS , 19 JANUARY 1976 .  FOR THE COUNCIL  THE PRESIDENT  J . HAMILIUS  ANNEXES : SEE O.J . N L 20 OF 28 . 1 . 76