CELEX: 51975PC0482
Language: en
Date: 1975-09-30
Title: CODIFICATION IN THE FISHING SECTOR (Proposals for regulations submitted by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 482
Vol. 1975/0184
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 ---pagebreak--- COMMISSION GZ THB MOMH COMMDMTIBS
                                                             COM(75)482  final
                                                            Brussels , 30 September 1975
                          CODIFICATION ET THE FISHING SECTOR
                      (Proposals for regulations submitted by the
                              Commission to the Council )
  COï:(75 ) 4C2 final
 ---pagebreak--- AsmEXE    RESUME
R. ( CEE) n° 2142/70 du 20 octobre 1970                  '       J.O. n° L 236
 Modification R ( CEE) n6 2727/71 du 20.12.1971                   J. 0. n° L 236
                  Acte relatif aux conditions d' adhésion et aux
                  adaptations des traités . J. 0. n° L 73 du 27.3 .
                  1972 , p. 14.
                ' 220/73  du  31. 1.1973  J.O.  n° L  27
                 3159/73  du  19.11.1973  J.O.  n° L 322
                 1555/74  du  17 . 6.1974 J.O.  n° L 167
                 2682/74  du  21.10. 1974 J.O.  n° L 288
                 1182/75  du   5 . 5.1975 J.O.  n° L 118
R. ( CEE)  n°  2141/70   du 20.10.1970                           J.O.   n° L 236
R. ( CEE)  n°  1315/71   du 21 . 6.1971                          J.O.   n° L 139
R, ( CEE)  n°  1705/71   du 26. 7.1971                           J.O.   n° L 176
R. ( CEE)  n°  1706/71   du 26 . 7.1971                          J.O.   n° L 176
R. (CES) n° 3609/7j du 27.12.1973                                J.O. n° L 365
H. ( CEE) n° 347/75 du 10. 2.1975                                J.O. n° L 40
R. ( CEE) n° 346/75 du 10. 2.1975                                J.O. n° L 40
R. ( CEE) n° 1183/75 du 5. 5.1975                                J.O. n° L 118
R. ( CEE) n° 2455/70 du 30.11.1970                               J.O. n° L 264
 Modification R. ( CEE) n° 1032/71 du 25.5.1971                  J.O. n° L 116
R. ( CEE) n° 166/71 du 26 . 1.1971                               J.O. n° L 23
 Modification R. ( CEE) n° 1082/71 du 25.5.19Ï1                  J.O. n° L 116
                  acte relatif aux conditions d' adhésion et aux
                  adaptations des traités .    J.O. n° L 73 du
             .    27.3.1973 , P. 14
                  n. ( CES) h e 3400/73 du 11,12.1973            J.0. n° L 349
R. ( CEE) n° 170/71 du 26. 1.1971                                J.O. n° L 23
 Modifications : Rectificatif J.O. n° L 57
                     du 10.3.1971 » P. 30(article 4)
                     version française
 ---pagebreak---                      R. ( CEE) n° 490/72 du 7.3.1972              J.O. n° L   59
R. (CEE) n8 171/71 du 26 . 1.1971      ;;                     •   J.O. n° L 23
R. ( CEE) n° 3144/74 du 9.12.1974 ,                        ... J.O. n° L 334
R. ( CEE) n® 3141/74 du   9.12.1974                               J.O. n° L  334
R. ( CEE) n°  173/71 du 26 . 1.1971                               J. 0. n° L  23
R. ( CEE) n° 135/73  du 15 . 1.1973                     .J.O.           n° L  13
R. ( CEE) n° 3142/74 du   9.12,1974                               J.O. n° L  334
R. ( CEE) n°  172/71 du 26 . 1.1971                               J.O. n° L   23
R. ( CEE) n° 3143/74 du 9.12.1974 '              . . ."         . J.O. n° L 334
R. ( CEE) n° 165/71 du 26 . 1.1971                                J.O. n° L 23
 ---pagebreak---                            EXPLAHATORY  UOTE
This series of agricultural acts relating to sector of fishery products
constitutes the fifth set- of Commission proposals - consolidating the
secondary agricultural legislation of the Council .
It is designed to respond to the desire of the Council , expressed most '
recently in a resolution of 26 November 1974 » inviting the Commission
to submit proposals for consolidation to it .
The method adopted for this consolidation is that used in respect of
the previous series of acts .
 ---pagebreak---                                                             V1/445
            REGULATION (SEC ) Fo             OF THE COUNCIL
                      of               ,  v. ■     ... -•
            on the common organization of tho market in
            fishery products? v.   ,            ......
THE COUITCIL OP THE HIR0ITSA1T cbl®UHITIES , ' ' ' ' " '         "
Having regard- to the Treaty establishing the- .European Economic Community,, -And
in particular Articles 42 and 43 thereof ;                       •. . *     ,> •
Having regard to the proposal from the Commission ;
Having regard , to the Opinion of the . European Parliament j             -
Whereas since their adoption the "basic provisions concerning tho organization
of the market in fishery products have been amende 1 a number cf times ; whereas f
by reason of their number , their complexity and their dispersal among, various
Official Journals , these texts are difficult to use and thus lack the clarity
which should be an essential feature of all legislation ; whereas they should
therefore be consolidated in a single text ;
Whereas the operation and development of the common market in agricultural
products must be accompanied by the establishment of a common agricultural policy ;
and whereas the latter must include in particular a common organization of
agricultural markets , which may take various forms depending on the products
concerned ;
Whereas the fishing industry is of special importance to the agricultural
economy of certain costal regions of the Community ; whereas that industry provides
a major part of the income of fishermen in these regions ; whereas it is
therefore advisable to encourage rational marketing of fishery products and
to ensure market stability by appropriate measures ;
Whereas one of the steps to be taken to implement the common organization of the
market is the application of common marketing standards to tho products concerned ;
whereas application of those standards should have the effect of keeping
products of unsatisfactory quality off tho market and facilitating trade
relations based on fair competition, thus helping to improve the profitability of
production ;
 ---pagebreak---    Whereas "the application of these standards calls for the inspection of the
 , »     ' '  ■     , -      ' *  '*         '
   products subjefct to' them ; whereas prova sion should therefore he made for such
   inspection ;
   Whereas it is desirable to make provision under the rules regulating the market
   for measures which would make it possible to adjust supply to market
   requirements and to guarantee , as far as possible , a fair income to producers ;
   whereas , given the special features of the market in fishery products , the
" formation of producers' organizations whose - members would be bound by certain
   rules,' notably in . the matter of production and marketing, would contribute to
   the attainment 'bf^ these objectives ;  •      v              -
   Whereas it is desirable to adopt provisions to facilitate the formation and
   operation of these organizations and the investment entailed in applying their
   common rules ; whereas to this end Member States should be allowed to make
   aid available to them , this aid being partly financed by the Conpunity ; whereas
   however , the amount' of this aid should be limited ; whereas it should also be
   temporary and degressive, so that the financial responsibility of producers will
   gradually increase ;    '
   Whereas in order to cope with market situations which , in the case of certain
   fishery products of special importance to producers * incomes , are likely to
   lead to prices which might cause disturbances on the Community . makret , a guide
   price which is representative of production areas in the Community and which
   will be used to determine price levels for intervention on the . market must be
                  9
   fixed for each of these products ;
   Whereas , in order to stabilise prices , producers * organizations should be able
   to intervene on the market , notably by applying a withdrawal price below which
   their members * products are withdrawn from the market ;.
   Whereas it is appropriate in specific cases and under certain conditions to
   support the activities of producers * organisations by providing financial
   compensation for quantities withdrawn Jfrom the market ;
  .Whereas it is advisable , . in order to avoid - a slump in sardine
   and anchovy prices , . that sardines. and anchovies ..of Community
   origin conforming to common marketing standards ..should be
   bought in by agencies designated for this purpose by Member
   States ;
 ---pagebreak--- Whereas , where prices for certain frozen products chow a definite tendency
to decline , provision should be made to permit the granting of privat <
storage aid to producers for such products originating in the Community ;
Whereas a fall in import prices for tunny for the canning industry might
threaten the income level of Community producers of this product ; whereas
provision should therefore be made for compensation to be granted to these
producers , when necessary ;
Whereas , in order to enable the necessary steps to be taken to
make producers' organisations financially responsible for the
operation of the intervention system , provision should be made
for an      examination in due course of the different forms taken
by the intervention system ;
Whereas , in order to prevent disturbances on Coranu/rty markets
action should be taken with regard to abnormally p_.x^d imports
of certain products from third countries ;
Whereas , for most products , the system thus introduced will make      it pcr-r'.bl
to abolish all quantitative restrictions at the external fro*, tier of the
Community and to apply only the duties under the Common C. *    "s Tari:?f ?
this machinery might prove inadequate in exceptional circr* : '•- -" os ; wh .%
as not to leave the Community market without defence again; ■ ' ;. t- r.-v.iv -. o
may arise in such cases after the import barriers which cxif.- ■ - viouoly '.v .
been removed , the Community should be enabled to take all necessary measures
without delay ;
Whereas , however , it is in the Community interest that application of Common
Customs Tariff duties should be totally suspended for certain products ; whe:>
since Community production of herring and tunny is inadequate , conditions of
supply comparable to those ruling in exporting third countries should be
maintained for food processing industries using these products so as not
to - hinder their development in the context of international conditions of
competition ; whereas any disadvantages which this system might present for
Community tunny producers could be offset by payment of the indemnities
envisaged for this purpose ; whereas for social reasons the maintenance of
traditional supplies of basic foodstuffs , such as salted and dried cod ,
is also justified ;            .
 ---pagebreak---                                 - 4 -
 Whereas it is not yet possible to establish ttonammity import arrsm^rcaacata for
 certain products ; whereas it is necessary in these circumstances to allow
 Member States to maintain for those products the quantitative restrictions
 which result from their national arrangements ;
 Whereas ^ in addition to the system described above , and to the extent necessary
 for its proper working, provision should be made for regulating or , when the
 situation on the market so requires , prohibiting the use of inward processing
 arrangements ; whereas it is also desirable that refunds should be so fixed
 that Community raw materials used by processing industries in the Community
 with a view to export are not placed at a disadvantage by inward processing
 arrangements that would encourage the industries concerned to
 give preference to raw materials imported from third' countries ;
 Whereas it is necessary to prevent competition "between Community
 undertakings being distorted on external markets ; whereas equ^l
  conditions of competition must therefore be established by the ;
  introduction of a Community system which would provide for the­
 ^optional granting of refunds on exports to third countries to the
  extent necessary to safeguard Community participation in inter­
  national trade in the products concerned where these exports are
  of economic importance 5
 Whereas the levying of any customs duty or charge having equivalent effect
 and the application of any quantitative restriction or measure having
 equivalent effect are prohibited in the internal trade of the Community
 by ; the provisions of the Treaty ; whereas the establishment of a common
organization of the market in fishery products also entails the abolition
 of charges having an effect equivalent to customs duties and quantitative
 restrictions or measures having equivalent effect which have formed an - integral
part of nationals-organizations of the markets in fishery products-j
 whereas the Council Decision of 20 December 1969 on the minimum price system
 will cease to apply to fishery products from the date on which measures for
 the common organization of the market in these products are applied ;
 Whereas the establishment of a single market based, on a common price system
 would be jeopardised by the granting of certain aids ; whereas , therefore , the
 provisions of the Treaty whereby aids granted by Member States can be
 examine^ and those which are incompatible with the, common market prohibited,
 should be made to apply to the fishing industry ; . . ,
 ---pagebreak--- Imereas the transition from the system now in force to that established
by this Regulation should be effected as smoothly as possible ; whereas
certain transitional measures may prove necessary to this end ; whereas
provision should therefore be made to permit th$ adoption of such
transitional measures ;
Whereas the common organisation of the market in fishery products must take
appropriate account , at the same time , of the objectives at out in Articles 39
and 110 of the Treaty ;
Whereas' implementation of this" common organisation" riiust also .take account
of 'the fact that it ' is in the Community interest t<5 preserve1*' 'fish'inj grounds
as far as possible ;          _                        • . >     • . ■ -
Whereas , in order to - facilitate implementation of the proposed measures , a
procedure should be . provided for : establishing close cor-operatibn between
Member States and the Commission within a Management Committee ;
HAS ADOPTED THIS REGULATION: '
                                      •-   ■   .... • -   "V • •      X. i •*
                                Article 1
1 . A common organisation of the market in fishery products shall be establish
comprising a price and trading system and common rules on competition .
2.    This organisation shall cover the following products :
CCT heading No                                  Description of goods '·
(a) 03.01            Pish , fresh ( live or dead), chilled or frozen
(b ). 03.02          Fish , dried , salted or in brine ; smoked fish , whether or
                     not cooked before or during the smoking process ;
( c ) 03.03          Crustaceans and molluscs , whether in shell or not , fresh
                     ( live or dead), chilled, ¿rozen, salted , in brine or
                     dried ; crustaceans , in shell , simply boiled in water
( d) 05.15           Animal products not elsewhere specified or included ; dead
                     animals of Chapter 1 or Chapter 3 » unfit for human consump-
                     tion
                     A. Fish , crustaceans and molluscs
 ---pagebreak--- CCT heading No                     Description of goods
(e ) 16.04        Prepared or preserved fish, including caviar and caviar
                  substituts
(f) 16.05         Crustaceans and molluscs , prepared or preserved
(g) 23.01         Flours and meals , of meat , offals , fish , crustaceans
                  or molluscs , unfit for human consumption ; greaves
                  B. Flours and meals of fish , crustaceans or molluscs
                              TITLE   I
                           Marketing standards
                              Article 2
1 . Common marketing standards and . th,e . scope of such standards may be
determined for the products listed in Article 1 or groups of these products ,
These standards may cover in particular' classification by quality , size or
vrcight , and packing, presentation and labelling.
2 . When standards have been adopted , the products to which they., apply may
not be displayed for sale , offered for sale , sold or otherwise marketed
unless they conform to these standards , subject to special rules . which may
be adopted for trade with third countries . ' . .                  •
3 » The standards and general rules for their . application, including the
special rules referred to in paragraph 2 , shall be ,- adopted by the Council
acting by a qualified majority on a proposal from the Commission . ,
                             Article 3         ...        .
Decisions to adjust the common marketing standards, to - "take account of- the
requirements of production techniques shall be taken in accordance with the
procedure laid down in Article 32 .
                            Article 4
1 . Products for which common marketing standards have been adopted shall
be liable to inspection by Member States for conformity with these standards
 ---pagebreak---                                        - 7 -
  This inspection nay take place at ail marketing stages and &uring "trafi^port .
  2.   Member States shall take all appropriate measures to penalise infringements
  of the provisions . of Article 2 .
. 3 . Not later than one month after the entry into force of each marketing
  standard , Member States shall notify the other Member States and the Commission
  of the name and address of the bodies entrusted with the inspection of each
  product or group of products for vrhich the standard in question has been auoptod .
 "4". Detailed rules for tlie application of paragraph 1 shall' bo adopted as necessary
  in accordance with the procedure laid down in Article 32 , account being taken
  in particular of the need to ensure co-ordination of the work of the inspection
  bodies and uniformity in the interpretation and application of common marketing
  standards .
                                     TITLE II •
                                Producers' organizations
                                     Article 5
  1 . For the purpose of this Regulation, 'producers' organisation * means any
  recognized organization or association of such organizations , established on
  producers' own initiative for the purpose of taking such measures as will ensure
  that fishing is carried out along rational lines and that conditions for the
  sale of their products arc improved .
  These measures , . which shall be designed in particular to promote implementation
  of fishing plans , concentration of supply and regularisation of prices , shall
  require members :
  - to dispose the organization of their total output of the product
      or products in respect of which they are members ; the organization
      may decide that this requirement can be waived if products are
       disposed of in accordance with common rules established in
       advance ;
  - to apply , with regard to production and marketing, rules which have been
      adopted by the organization with the particular aim of improving product
      quality and adapting the volume of supplyto market requirements .
  2 . The Council , acting by a qualified majority on a proposal from the Commission,
  shall adopt general conditions and rules for the application of this Article .
 ---pagebreak---                                Article 6
1.  Member States may make aid available to producers * organisations established
after the entry into force of this Regulation to encourage their formation and
to facilitate their operation.
This aid shall be granted during the three years immediately following- recogniti
for the first , second and third year this aid shall not exceed 3f°t 2% and ifo
respectively of the value of production marketed under the auspices        of the
producers * organization nor shall it exceed 60fot 40% and 20fo of the •-
organisation 's adninistrative expense's in the first , second and third year
respectively .
 ---pagebreak---                                    - 9 -
The value of production marketed shall be established each year on a standard
basis , namely :
– members *. average marketed production during the three calendar years
    immediately preceding membership of the organisation ;
-   average producer prices obtained by these members over the sane period .
2.   During the five years immediately following the creation of the intervention
funds referred to in Article 7 | Member States may make aid available to
producers * organizations , either directly or through credit institutions , in the
form of loans on special terms tooover part of the anticipated cost of
intervention within the meaning of . Article 7 «
         •' "     -,                 •                     .<•     »   ,
3 . The original Member States may continue to make available the aid granted to
producers' organizations established prior to the entry into force of this
Regulation and new Member States may continue to make available the aid granted to
producers * organizations established prior to the date of accession, in order to
facilitate their adaptation and operation within the framework of the measures
referred to in Article 5(l )» provided that the amount and duration of such aid
 do not exceed the limits prescribed in respect of aid payable
 under paragraph 1 .
4 . The aid referred to in this Article shall be notified to the Commission in
a report which Member States shall forward to it at the end of each financial
year .
5 . The Council , acting by a qualified majority on a proposal from the Commission,
shall , adopt- general conditions and rule3 for the application of this Article .
                                  Article 7
Where a producers* organization is considered to be representative of production
and of the market in a given economic area, exclusive recognition may be granted
by Member States to that particular producers * organization .
Producers who arc not members of the producers * organization which has been
granted such recognition, and who unload their products within the area concerned,
may be required by Member States to comply with :
 (a) the common production and marketing rules referred to in the second indent
       of the second subparagraph of Article 5(l )»
 ---pagebreak---                                              10 -
 (b ) rules adopted "by the organization concerned and relating to the withdrawal
          price , where the latter is equal to or higher than the price fixed
          pursuant to Article ll(5 ) "but does not exceed the guide price , and where
        " it complies with the . provisions laid , down pursuant to the third subparagraph
      . of Article 8(l ).
                                   ■"   TITLE III -
                                          Prices
                                      Article 8
1.     For the products listed in Article 1 , producers' organisations nay fix a
withdrawal price "below which they will not sell products supplied "by their
mombers » •                       'v. : ■      < ; . , ' ...       +                    '
In this event , for quantities withdrawn fron the market , producers' organisations ;
-• shall grant an indemnity to ■" members in respect of the products listed in ,
  ' • Annex I (A ) and (c ) which conform to the standards adopted pursuant to -.;
      Articicj 2;'        •                         •< ;                              •
                                                » »   ' 4 *' .   •   "v *           (
-     nay grant an mdennity to nenbers in respect of other products listed in
      Article -1 - "but riot in Annex I (A) or (c ). ■
For each product listed in Article 1 a maximum level for the withdrawal price
nay to fixed in accordance with the provisions of paragraph 5 *
 2.    The . disposal of products thus withdrawn fron the narket must "be determined
"by producers' organisations in such a way as not to. interfere with normal                 4
narketing of the product in question .                                                      ,
                                                           ■   v
 3 . To finance these withdrawal neasures , producers * organizations shall create
 intervention funds fed by contributions assessed on quantities offered for sale
 or shall , alternatively , have recourse tc5* an equalisation system . '       •
 4*    Producers' organisations shall supply the . following information to; the
 national authorities , who shall communicate it to the Commission :
 -     aslist of "the products for which they intend to operate the
       system described in paragraph 1 ;                                                  ?
                                                                                          V
 -    the period during which withdrawal prices axe applicable ;
 -    the levels of withdrawal prices proposed and applied .
 ---pagebreak---                                   - 11 -
5.  Detailed rules .for the application of this Article shall be adopted in
accordance, with the procedure laid down in Article 32 .                          >
                                Article °
1 . A guide price for each of the products listed in Annex I (A) and ( c ) and an
intervention price for fresh or chilled sardines and anchovies shall be fixed
before the beginning of the fishing year and determined in accordance with the
provisions of paragraphs 2 and }.           -
These prices shall be valid for the whole .Community and shall bo fix . 1 fur each
fishing year or for each of the periods into which that year is subdivided ; the
intervention price nay bo fixed for each period into which the fishing year can
be subdivided on the basis of seasonal price trends . These prices shall be fixed
at a level which contributes to the stabilisation of market prices
without        leading to the formation of structural surpluses within
 the . Community .
2.     The guide price shall be based on the average of prices recorded on
representative wholesale markets or in representative ports during the three
fishing years immediately preceding the fixing of that price for a significant
proportion of Connunity output and shall be fixed for a product With
given commercial specifications »
3 . The intervention price shall be fixed according to the production
 and marketing characteristics peculiar to each product at a level
lying between 35$ and 45$ of the guide price .
4 . The Council , acting by a qualified'majority on a proposal from the .
Commission , shall determine the level of the guide prices and intervention
prices referred to in paragraph 1 .
                                Article 10
1 . Throughout the period during which the guide price is applicable , Member
States shall notify the Commission of the prices recorded on representative
wholesale markets or in representative ports for products meeting the
specifications selected for fixing the guide price .
2 . Markets and ports' in Member States "where - a - significant proportion of
Community output of a given prodkdt is . marketed shall be ^ regarded as .reprosentati "
within the meaning of paragraph 1 .
 ---pagebreak---                                    - 12 -
                                            τ"
3 . Detailed rules for the application of this Article shall be adopted, and
the list of representative markets and ports referred to in paragraph 2 approved,
in accordance with the rxrocedure laid down in Article 32 . ' ■ *
                                  Article 11
1 . Member States shall grant financial compensation to producers* organisations
which intervene pursuant to the provisions of Article 8 in respect of the product £
listed in Annex X (a)        (C } °n condition:
(a) that the withdrawal price applied by these organisations " is the price
      fixed in accordance with paragraph 4 5
(b ) that products withdrawn conform to the standards adopted in accordance with
      Article 2 ;     '                                          ' •*          -
(c ) that the indemnity granted to members in respect of quantities withdrawn
      from the market does not exceed the amount resulting from the application
      to those quantities of the withdrawal price multiplied – in the case of
      products meeting the quality requirements laid down by the common marketing
      standards for the category below that referred to in paragraph 4 -' by the
      appropriate quality conversion factor .
2 . Financial compensation may be granted only- where products withdrawn from
the market are disposed of for purposes other than human consumption or in such
a way as not to interfere " with normal' marketing of the product in question.
3 » The value of the financial compensation shall be equal to the amount resulting
from the application to the quantities withdrawn of :
- a price equal to 60% of the guide price , where the withdrawal price is more
    than 65fo of the guide price ;
- a price equal to 55$ of "the guide price,' where the withdrawal price is loss
    than or equal . to 65$ of the guide . price ;
multiplied by the quality conversion factors referred to in paragraph 4 or in
paragraph 1 ( c ) as the case may be .                      '
This amount shall be reduced . by the standard values • i of
                                                          '
                                                              products
                                                               i      •\
                                                                         intended for
purposes other than human consumption or by net -receipts froia sale of products
for human consumption in accordance with paragraph 2 . The aforesaid values
 ---pagebreak---                                         - 13 -
    shall "be fi;:ed at the beginning , of the fishing year ; thqy shall , however , be
    changed if major and lasting price variations are recorded on Community
    markets .
    4 . The vrithdrawal price referred to. in paragraph 1 ( a) shall be fixed for
    each product by applying the quality conversion factor for the category immediate
    below that- selected for fixing the guide price to an amount equal to at least
    60% but not more than 90$ of "fine guide price .
    In order to ensure that producers in landing areas which <rce very distant from
    the main centres of consumption in the Community have access to markets under
    satisfactory conditions , the price referred to in the preceding subparagraph
    may be multiplied by conversion factors for these areas ; these factors shall
-• be determined in such a way that the differences between the prices thus . -
    converted correspond to the price disparities to be expected in "the case
    of normal production on the basis of natural conditions of price
    formation on the market .
    The Council , acting by a qualified majority on a proposal from the Commission ,
  • shall adopt general rules for determining the percentage of the guide price to
    be 'used in calculating the withdrawal price , and for determining the landing
    areas referred to in the preceding subparagraph ..
    On the basis of a report by the Commission , the Council shall examine the
    possible consequences of applying the conversion factors to the calculation
    of financial compensation made to take account of the position of fishermen
    in very distant areas . The Council , acting by a qualified majority on a
    proposal from the Commission , shall adopt the necessary decisions .
    5 . Detailed rules for the application of this Article shall be adoptedy and the
    withdrawal price fixed, in accordance with the prooedure laid down in Article 32 .
     /
                                    Article 12
    1 . '.Jhere th-; prices for fresh or chilled sardines and anchovies on one of the
    representative markets or in one of the representative ports referred to in
    Article 10(2 ) communicated to the Commission pursuant to Article 10(l ) remain
    below the intervention price for three successive market days , the Commission
    shall forthwith declare that the market in the product concerned
    is in a state of serious crisis .
 ---pagebreak---                                       14 -
2 . Upon such declaration the Mc®be* St&tos shall r through tha- todies .or tiarur-al
or legal person^ appointed "by then for this purpose , "buy in products of
Community origin offered to then^ provided that ; .<■ these products meet the
requirements laid . down by "the common marketing standards and that they were not-
withdrawn from the market pursuant to Article 8(l ).             ^
These products shall "be bought in :                                ,   .
-   at the intervention price multiplied by the conversion factor for the
    quality category immediately below that selected for fixing the guide
    price , provided that the products meet the requirements laid down in the
    common standards for that category or higher categories ; •       .
- at the intervention price multiplied by the conversion factor applicable
    to categories below that referred to in the first indent , provided that
    the products meet the requirements -laid down in the common standards for .
    those categories .           .
3 . Products bought in pursuant to this Article shall , unless an exception is
made , be for purposes . other . than human consumption.
4 « Buying-in operations shall be suspended as soon as prices remain equal to or
higher than the intervention price for three successive market days . The
 existence of such a situation shall be declared immediately by .
 the Commission .
5 » Detailed rules for the application of this Article shall be adopted in.
accordance xvith the procedure laid down in Article 32 .
                                   Article 13
1.   The Commission shall submit to the Council a report on the results
obtained through the operation of the intervention system introduced by this
Regulation and on measures taken by producers * organisations under Articles 8
and 11 .                                                     ...
 2 . Such measures as prove necessary in order to extend to all
 sectors in which there is provision for intervention a system
 of intervention under which financial responsibility lies with
 the producers * organisations shall be adopted by the Council ,
 acting by a qualified majority .
 ---pagebreak---                                     - 15 -
                                   Art ici s 14
1 . For each of the products or groups of products listed in
Annex II , a guide price to be valid for the Community throughout
the year there shall be fixed each year and determined in
accordance with the provisions of Article 9(2 ).
2 . The Member States shall notify the Commission of the prices recorded on
representative wholesale markets or in representative ports for products or
groups of products meeting the specifications selected for fixing the guide
price referred to in paragraph 1 .
3 . Markets and ports in Member States where a significant proportion of
Community output of a given product is marketed shall be considered as
representative within the meaning of paragraph 2 .
4 » Detailed rules for the application of this Article shall be adopted , and
the list of representative markets and ports referred to in paragraph 3
approved , in accordance with the procedure, laid down in Article 32 .
5 « The Council , acting "by a qualified majority on a proposal from the
Commission , shall fi:: the guide price referred to in paragraph 1 .
                                   Article 15
1.   Where prices for the products of Community origin listed in Annex II for on*
of the representative markets or ports referred to in Article 14(2 ) remain
below 85^ of the guide price referred to in Article 14(l ) for a period during
which a trend towards a disturbance of.^thc market is apparent , private storage
aid may be granted to producers^ provided that products conform to marketing
standards when they are placed on the market again.
2.   Private storage aid may not exceed actual storage costs and interest charges
3 » Detailed rules for the application of this Article , in particular the
amount and duration of private storage aid and conditions for withdrawal from ν
 storage , shall be adopted in . .accordance , with the procedure lead down m
Article 32 .                                     ■ 5        ...
                                  Article 16
1.   Compensation shall be granted if necessary to Community producers of tunny
 in respect of the tunny specified in Annex III (A) intended for the canning
 industry .
 ---pagebreak--- 2 . Member States shall notify the Concussion of the average prices recorded
each month on representative wholesale markets or in representative ports
for the products of Community origin referred to in paragraph 1 with given
commercial specifications .
3 . Markets and ports in Member States where a significant proportion of
Community output of tunny is marketed shall "be considered as representative
within the meaning of paragraph 2 .
4 . . A Community producer price shall "be fixed for the products referred to in
paragraph 1 . This shall he based on the average of prices recorded^ in
respect of . a significant proportion of Community output paid for
a product with given commercial characteristics on representative
wholesale markets or in representative ports during the three
fishing years immediately preceding the fixing of that price .
5 . The Council , acting by a qualified majority on a proposal from the
Commission, shall adopt general rules for granting the compensation provided
for in paragraph 1 and shall fix the Community producer price
referred to in paragraph 4 .
6 . Detailed rules for the application of paragraphs shall be adopted, and the
list of representative markets and ports referred to in paragraph 3
approved , in accordance with the procedure laid down in Article 32 .
                                 Article 17        , -
The Common Customs Tariff duties applicable to the products listed in the table
below shall be totally suspended as follows !
CCT heading No    '                   - ν· .,. Description of goods
03.01 Β I (a) 2         Herring, from 16 June to 14 February
03.01 Β X (b) ,2        Sprats , from 16 June to 14 February
03.01 Β I ( c ) 1       Tunny for the industrial manufacture of products
                        falling within heading No . 16.04
03.02 A X (b)           Cod
03.02 A II (a)          Fillets of cod           ;             -    '
 ---pagebreak---                                TITLE IV
                   , Trade with third countries
                              Article 18
1 . The general rules for the interpretation of the Common Customs Tariff "
and the special rules for its application shall apply to the tariff classificati
of products covered "by this Regulation ; the tariff nomenclature resulting
from the application of thiB Regulation , ajid in partioular tliat
sat out in Annex V , shall be incorporated in t the Common Customs
Tariff .
2.' Save as otherwise provided in this Regulation^ or where derogation therefrom
is deoided by the Council acting by a qualified majority on a proposal from
the Commission , the following shall be prohibited:
- the levying of any charge having an effect equivalent to a customs duty ;
- the application of any quantitative restriction .
3.   Until such time as Community arrangements for imports of the products
specified in Annex IV (c ) are implemented , Member States mey retain in respect
of these products the quantitative restrictions in relation to third countries
applicable when this Regulation enters into force .
                              Article 19
1.   Reference prices valid for the Community shall be fixed each year for the
products specified in Annexes I , II , III ( A) and IV (B) to obviate disturbances
caused by supplies from third . countries at abnormal prices or                * -
under such conditions as would jeopardise the stabilisation
measures referred to in Articles 11 j 12 and '16 .
2 . The reference price for the products specified in Annex I (A) and (c ) shall
be equal to a percentage of the guido price which shall lie within the margins
set out in Article ll(4 ).
The reference price for the products specified in Annexes; I ( B ) and IV .(B)
shp,ll be determined on the basis of the reference jprice for the fresh product .
 ---pagebreak---                                                                                 . . ,V ..
                                   - 13 -
 Hie reference price for the products specified in Annex II shall be derived
 from the guide price referred to in Article 14 ( l ) by reference 16 the '
 price level specified (In Article 15 (l ) at which the intervention
measures therein provided for may "be taken.
 The reference price for the tunny specified in Annex III .(A) intended for use
"by the canning industry shall be based on the weighted average of the prices
recorded on the most representative import markets .or in the most , .
representative ports of import in the Member States during the three years
 immediately preceding the date on which the reference price is fixed , reduced
by an amount equal to any customs duties and charges levied on the products ,
and by the cost of transporting the product used for fixing the Community
producer price from these markets or ports to Community frontier crossing
points .
The conversion factors set out in Annex III (B) and (c ) shall be applied to
the various types of tunny and to the various forms of presentation.
 3 . For the products , specified in Annexes I , II
 and IV ( B ) there shall be established an. entry price
     based on the loxtfest prices recorded for one and the same marketing stage
on representative import markets or in representative ports of import , reduced
by an amount equal to any customs duties and charges levied on these products
and by the cost of transporting liie product from these markets or ports to
Community frontier crossing points .
The Commission shall , on the basis of information supplied by Member States
or data gathered by the Commission itself , regularly follavr , in respect of
each exporting country , the trend on the most representative import
 markets or in the most representative ports of import of the
 Member States of prices for products imported from third
 countries .
The entry price for the products specified in Annex: III ( A) shall be based on
the we^ited average of prices actually recorded on import markets or ports of
 import in the Community during a period of time which is sufficiently indicative
 of the trend of the market .
 4 . Where the entry price for a given product imported from any third country
 is lower than the reference price , then :                               '
  ( a) in the case of the products specified in Annexes I (A) (with
        the exception of products No . 1 , I ( C), II and TV" (B),
        imports of that product may be suspended or restricted to
        specified qualities , forms of presentation or end uses :
 ---pagebreak---                                 - 19 -
     in the case of the products specified in Annexes I ( A ) ( 1 )
     and ( B ) and III (A), imports of that product may be subjected
     to a countervailing charge , provided that this complies with
     the GAIT rules on "binding# . However , where imports at entr~r
     prices lower than the reference price are from certain
     countries only . or of a certain species only , the counter­
     vailing charge shall be levied only on imports from these
     countries or of those species .
The countervailing charge shall be equal to the difference "between the reference
price and. the entry price . This charge , which shall be the sane for all Member
States , shall be added to the customs duties applicable .
    The suspension or restriction of imports shall not , however , apply to third
countries which undertake on specified terms to respect and which                  11
do so in practice in their deliveries to the Community .
6 . Detailed rules for the application of this Article , in particular the - level
of the reference prices and the measures to suspend or restrict imports , shall
be adopted in accordance with the procedure laid down in Article 32 .
Decisions to introduce , alter or withdraw the countervailing charge shall be
taken in accordance with the procedure laid down in Article 32 .
In the intervals between periodic meetings of the Management Committee , these
measures and those concerning the suspension or restriction of imports shall
be adopted by the Commission . In this event , they shall remain valid until any
measures adopted in accordance with the procedure laid down in Article 32 enter
into force .
                              Article 20
1.  In order to obviate disturbances caused by aupplies from third countries at
abnormally low prices , reference prices for carp as specified in Annex IV (A)
may be fixed before the beginning of each marketing year . These prices may
be fixed at different levels during periods         to be determined within
each marketing year according to seasonal fluctuations in prices .
2 . The reference prices referred to in paragraph 1 shall be fixed on the basis
of the average of the producer prices recorded during the three years preceding
         j                                          -                     •
the date on which the reference price is fixed for a product with given
commercial specifications in the representative production ; zones of the
Community .   ' -
 ---pagebreak---                                   - 20 -
 3 . If the free-at-frontier price valid, for a consignment of a normal
 commercial quantity of carp of specified provenance is lower than the
reference price , imports of that product from the third country in
 question nay "be subject to a countervailing charge equal to the difference -
between the reference price and the free-at-fronti er price plus the customs
 duty actually levied. The Commission shall follow regularly "the trend
 of the fre e-at-frontier prices of products imported from each of
 the third countries concerned .
4 . Tie countervailing charge provided for in paragraph 3 shall not , however ,
"be charged in the case of third countries which are willing and able to
 guarantee tha^ when carp originating in and ooning from their territory is
 imported into the Community ,, the price plus the customs duty actually levied
will not be less than the. reference price and that deflections of trade
will be avoided. .
 5 . Detailed rules for the application of this Article , in particular the
 level of the reference prices , shall be adopted in accordance with the procedure
 laid down in Article 32 . Decisions to introduce , alter or withdraw the
 countervailing charg^ or to admit a particular third country to the
benefit of the provisions of paragraph 4 , shall "be taken in
accordance with the . same procedure .
                                Article 21
 1.  To the extent necessary for the proper working of the common organization
 of the market in fishery products , the Council , acting by a qualified majority
 on a proposal from the Commission, may in certain-cases prohibit , in whole
 or in part , the use qf inward processing arrangements in respect of the products
 specified in Article 1(2 ), (a), (b ) and (0 ) where these are intended £r the
 manufacture of the products specified in . Article 1(2 ) (b ), ( c), (e ) and (f).
 2 . The quantity of raw material which , under inward processing arrangements ,
 is not subject to customs duty or a charge , having' equivalent effect must
 correspond to the       conditions under which the processing operation in
 question is actually to "be effected .
 ---pagebreak---                                    - 21 -
                                iur-t : clc 22 ■
1.  If , by reason of imports or exports , the Community market in one or more
of the products specified in Article l(2 ) experiences or is threatened with
serious disturbances which may endanger the objectives of Article 39 of the
Treaty ,, appropriate measures may be applied in trade with third countries
until such disturbance or threat of disturbance has ceased .
The Council , acting by a qualified majority on a proposal from the Commission ,
shall adopt detailed rules for the application of this paragraph and define
the cases in which and the limits within which Member States may take . interim
protective measures .
2.  If the situation mentioned in paragraph 1 arises , the Commission shall , at
the request of a Member State or on its own initiative , adopt the necessary
measures ; the measures shall be communicated to the Member States and shall be
immediately applicable .   If the Commission receives a request from a Member
State , it shall take a decision thereon within twenty-four hours following
receipt of the request .
3.  The measures adopted by the Commission may be referred to the Council by any
Member State within three working days following' the day on which they were
communicated .   The Council shall meet without delay .   It may , acting by
a qualified majority , amend or repeal thfc 'measures in question .
                                Article 23
1.  To the extent- necessary to enable economically important exports of the
products specified in Article l(2 ) to be effected on the basis of prices for
those products on the world market , the difference between these prices and
prices within the Community may be covered by an' export refund .
2.   The refund shall be the sane for the whclc Community .   It may be varied
according to destination .   The refund shall be granted on application by the
party concerned .
3 . The Council , acting by a qualified majority on a proposal from the
Commission , shall adopt general rules for granting export refunds and criteria
for fixing the amount of such refunds .
 ---pagebreak---                                       - 22 -
  4« Refunds shall "be fixed at regular internals in accordance with the
  procedure laid down in Article 32 . Where necessary the Commission may , at the
  request of a Herater State or on its own initiative , alter the refunds in the
  intervening period .
  5«  Detailed rules for the application of this .Article shall be adopted in
  accordance with the procedure laid down in Article 32 .
                                    TITLE V
                              General provisions
                                  Article 24
  1 . The provisions of the Regulations on the financing of the common
                                             >v
  agricultural policy shall apply to the market in the products specified m
  Article l with effect from' the date on which the system; provided for
  by this Regulation begins, to apply .
. 2 . Fifty per cent of the aids granted "by the Member States under Article 6(l )
  shall he reimbursed by the Guidance Section of the European Agricultural
  Guidance and Guarantee Fund .
  The Council , acting- by 'a' qualified majority on a proposal from the .Commission,
  shall adopt detailed rules for the application of this paragraph .
                                             t  * • ~
                                                      4
                                  Article 25
1 . Products specified in Article 1 which are manufactured or
obtained from products not coming within the terms of Article .9(2)
or Article 10(1 ) of the Treaty shall not be admitted to free
circulation within the Community . ... . .... ,
  2 . Without prejudice to other Community provisions , the Member States shall
  take the necessary steps to ensure that all fishing vessels flying the flag
  of 'one' of' the Member States shall enjoy equal access to ports and first-stage
  marketing installations together with all associated equipment and technical
  installations .
                                  Article 26
  Subject to any. protfision$ to .the contrary adopted pursuant to -Articles 42
  and 43 of" the Treaty ," Articles ; 92 , 93 and 94    the Treaty . shall , ppply "to
  production of and' trale in the products specified in Article 1 .
 ---pagebreak---                                  - 23 -
                               Article 27
Where a price rise    exceeding one of the guide prices referred to in
Articles 9(l ) and 14(l ) or the Community producer price referred to in
Article 16 ( 4 ) by a percentage still to "be determined is recorded on the
Community market and where this situation is likely to persist and is
disturbing or threatens to disturb the , market , appropriate measures mcy be
taken to remedy the situation .
                                                     u-
The Council , acting by a qualified majority on a proposal from the Commission,
shall adopt general rules for the application of this Article .
                              Article 28
For frozen products , the Council , acting in accordance with the procedure
laid down in Article 43(2 ) of the . EEC /Treaty , shall , to the fullest .extent
necessary , adopt appropriate provisions to avoid unstable prices and unequal
conditions of competition between fish frozen on board a vessel aild fish,
frozen 011 land . The Council , acting in accordance with" the sriie
procedure , shall also adopt appropriate measures to remedy any
difficulties which may arise with regard to stability of supply .
                              Article 29
The Council , acting by a qualified Clajority on a proposal from the Commission,
may amend the Annexes hereto and alter the percentages specified in
Articles 9 ,< 11 and 15 .
                              Article 30
Member States and the Commission shall communicate to each other the
information necessary for tlis implementation of this Regulation ,
Rules for the communication and distribution of such information
shall be adopted in accordance with the procedure laid down in
Article 32 .
                             Article 31
 1 . There is hereby set up a Management Committee for Fishery
 ^Products (hereinafter called 'the Committee 1 )* consisting of
 representatives of the Member States with a representative of
 the Commission as Chairman .
 ---pagebreak---                                    24
                                     V. •      J*
2.  Within the Committee , the votes of Member States shall be weighted in
accordance with Article 148(2 ) of the Treaty> The Chairman shall not vote.
                               Article 32
1.  Where the procedure laid down in this Article is to be followed , the
Chairmen shall refer, the matter to the Committee either on hia own initiative
or sft the request of the representative of a Member State . ■
2.  The representative of the Commission shall submit a draft of the measures
to<be taken ... The Committee shall deliver its .Opinion on such- measures
within a ;tie« limit to be set by the Chairman 'according to 'the urgency of
the questions under * consideration . ■ An - Opinion' shall be adopted by a .-
majority? of forty-one vbtes .    •"          " " v -.\? .?■ <                 ? '»
3.  The Commission shall adopt measures which shall apply immediately .        However ,
if these measures are not in accordance with- the Opinion of the Committee ,
thoy shall forthwith be communicated by the Commission to the Council .        In
that event the Commission may defer application of the measures for not
more than one month from the date of such communication .
The Council , acting by a qualified majority , may talce a different decision
within one month .
                               Article 33
  '                                                                       A
The Committee may consider any other question referred to it by its Chairman
either on his own initiative or at the request of the representative of a
Member State .
                               Article 34
Should transitional measures be necessary to facilitate the transition from
the system at present in force in each Me&ber State .to the system established
by this Regulation , in particular if the ; introduction of the new system'
gives rise to substantial difficulties in respect of certain products , such
measures shall be adopted in accordance with the procedure laid down in
Article 32 .   They shall be applicable for not more than one year from the
date on which this Regulation begins to apply .
 ---pagebreak---                                            - 23 -
                                        iirticlc 35
This Regulation shall be so applied that appropriate account is taken, at
the same tine , of the objectives set out m Articles 39 and 110 of tho Iteaty .
                                        Article 36
1 . Regulation (EEC ) Wo . 2142/70*"''' of 20 October 1970 on the common organization
of the market in fishery products , as last amended by Regulation (lIEC ) No .
        2)
1182/75' V           hereby repealed .
2 . preferences to the Regulation repealed by paragraph 1 shall "be
treated as references to this Regulation . References to the •
Articles of that Regulation shall be correlated with the Articles
of this Regulation in accordance with the table set out in Annex VI .
                                        .article 37
This Regulation shall enter into force on
This Regulation shall be binding in its entirety and directly applicable
in all Member States .                                  •          •
Done at .Brussels                                               For the Council
                                                                 The President
 r GJOJ NoNo LL 23o118 ,. 278 MayOctobor
                                    1975 ,
                                           1970 , p » 5
                                                1 •
 ---pagebreak---                                 - 26 -,
                             ΛΗΚΕΧ : I.
A.  Fresh or chilled products falling within sub-heading Ho . jex 03.01 B I
    1.  Herring
    2.  Sardines
    3.  Eedfich (Sebaste s narinus )
    4-  Cod
    5-  Coalfish
    6.  Haddock
    7-  Whiting
    8.  Mackerel
    9.  Anchovi c s
   10 . Plaice
   11 . Hake (merluccius spp .)
B. Frozen products falling -within sub-heading Ho . ex 03.01 B I ( a)
    Herring
C.  Shrimps of the genus Crangon sp . p. r f!rech , chilled or simply "boiled in
    water , falling within sub-heading ITo . 03*03 A IV ("b ) 1
 ---pagebreak---                                 - 27 -
                              AMEX II
Frozen products falling "within sub-heading ITo.' ex 03.01 B I
-  Sardines
–  Sea bream of -the species Dentex dentex and Pagcllus
Frozen products falling within .re.' heading No .ex 03.03
- Squid ( Loligo sp . p. , Onmastrephes spgittatus , . Todarodes sagittatus ,
   Illex coindetti )
-  Cuttlefish of the species Sepia officinalis , Rossia macrosoma end Sepiola
   rondeleti
–  Octopus
 ---pagebreak---                                   -     28 -
                                    AÎC3EX III
Tunny , fresh , chilled, or frozen, for the industrial manufacture of products
falling within heading No 16 .04 ( sub-heading No . 03«01 B I (c ) l )
A.  Ail species of tunny
B.  Conversion factors applicable to the various species of tunny
                                                                   Conversion factor
    Yellow-finned tunny :         weighing not more than
                                  100 kg each (l )                           1
                                , weighing more than
                                  100 kg each (l )                            1.10
    Long-finned tunny                                                        1.25
                                               !    ' '   '            * »
        I                                        ,■■■■■
    Cther species                                 ;              •           0.70
C. Conversion factors in respect of the different forms of                 ••
     presentation for feach of the species set out in Section B
    1 . Whole                                           t                    1
    2 . Gilled and gutted                                                    1.14
    3 . Other (for example , 'heads off*)                                    1.24
 ---pagebreak---                                         29-
                                      AOTEX IV
 A. Freshf chilled or frozen products
     Sub-heading Ho . 03.01 A I (a)         " Tirout       '1   ' "
     Sub-heading No . 03.01 A III              Carp             '    ' ' '
 B.  Frozen products
     Subheading No . ex 03.01 B I
     Sub-heading Ho . ex 03.01 B II (b ) and
     Sub-heading Ho .. ex 16.04 G I .        . Cod
                                               Coalfish
                                               Haddock
                                               Redfish (Sebastes marinus )
                                               Mackerel
                                               Hako (merluccius spp .)
C.   Prepared or preserved fish
     Sub-heading Bo . 16.04 D                  Sardines     ;-
     Sub-heading Ho . 16.04 E                  Tunny
(l ) References to weight apply to whole products.
 ---pagebreak---                                                ~ 30 -
                                             , AÎTOEX V
NEW MlIENCLAftjRE 'FOR CkAPTES "3 AND HEADING •Bo";"T>5tty, G* THE "COMMON CUSTOMS
                                                 TARIEF
CCT heading
    No                                              Description of goods
   03.01       Pish , ftesh ( live or dead ), chilled or frozen :
               A.     Freshwater fish :
                    . I.    Trout and other salmonidae :
                            ( a)     Trout
                            00       Salmon
                            (c )     lake white fish
                            (d)      Other
                                               :
                      II . jEels
                     III . Carp
                  . . IV . Other
               B.     Saltwater fish :
                      I.    Whole , headless or in pieces :
                            ( a)     Herring :
                                     1.    Prom 15 February to I5 June :
                                           ( aa ) Fresh or chilled
                                           (bb ) Frozen
            -,
                                     2.    Prom Ιό June to I4 February :
                                           ( aa) Presh or chilled
                                 • ,
                                           (bb ) Frozen
                            0»)      Sprats :
                                     1.    Prom 15 February to 15 June
                                     2 . Λ From 16 June to I4 February
                       ■    ( c ) Tunny;          .
                                     1.    For the industrial manufacture of products
                                           falling within heading No . 16 . 04 ( a):
(a) Entry under this . sub–heading is subject to compliance with conditions
     to "be determined by the competent authorities .
 ---pagebreak--- COT 3i'; :*iciing '               Ee script ion of goods
    Ko
                                                              tàmia
 03.01
       #    >' •
                                ( aa) ïlhole :
                                           •  - \  %   . -• >    >, '-,**' +■   i - v
 ( cont .)                                   II . Yellow-finnéd tunny :
                                                  ( aaa) Weighing not more -than
                                                               10 kg each
                                                  (b"bb ) Other
                                        ' 22# Long-finned tunny
                                             33 . Other
                                                   t
                                (bb ) Gilled and gutted :
                                             11 . Yellow-fimied :
                                                  ( aaaj Weighing npt more than
                                                   , .         10 kg; each
                                                                             it
                                                  (bbb ) Other;
                                             22 . Long-finned tunny
                                          t 33 • Other
                                ( cc ) Other (for example , 'heads off*):
                                             11 . Yellow-finned tunny :
                                                  ( aaa) Weighing not more than
                                                                 100 kg each
                                                  (bbb ) Other
                                             22 , Long-finned tunny
                                 ::          33 * Other
                           2.   Other
                                      4  *
                    (d) Sardines (Clupea pilchardus Walbaum) :
                           1.   Fresh or chilled
                           2.   Frozen               '                     ?
                    (e ) liogfîsh
                    (f) Redfish (Sebastes marinus):
                       : " 1*   Fresh or - chilled •
                           21 . Frozen
 ---pagebreak---                        - 32 -
CCT heading No                  Description of goods
                 (g) Halibut (Hippoglossus vulgaris, Eippoglossus
 03.01 cont .            reiniiardtius)
                 (h) Cod (Gadus morrhua or Gadus callarías):
                         1.    Fresh or chilled
                         2.    Frozen
                  (j ) Coalfish (Pollachius virens or Gadus virens):
                          1.   Fresh or chilled
                          2.   Frozen
                  (k) Haddock:
                          1.   Fresh or chilled- ; .
                          2.   Frozen
               . (l ) Whiting (Merlangus merlangus):
                          1.    Fresh or chilled
                          2.    Frozen
                   (m) Mackerel :
                          1 . From 15 February to 15 June :
                                 (aa) Fresh or chilled
                                 (bb ) Frozen
                           2.   From 16 June to 14 February :
                                 ( aa) Fresh or chilled
                                 (bb) Frozen
                    (n) Anchovies (Sngraulis sp. p):
                           1.    Fresh or chilled
                           2.    Frozen
                    (o ) Plaice :
                           1,    Fresh or chilled
                           2.    Frozen         ;
                ' (P) Sea bream of the species Dentex dentex and
                           Pagellus :
                            1 . Fresh Tor chilled
                            2.    Frozen
                     (q ) Other
 ---pagebreak---                         Vs-/ .i'rosn or chilled
                        (c j S^rozen :                                      '
                             X. Of cod (Gadus mo-rhua or Gadus callarias)
                             2 . Of coalfish (Pol '.U-tchius virens or
                                     Gadus virena )
                             3»      Of haddock
                                     Of redfish (Se"bas*f;es marinus )
                             5»      Of tunny-
                             6,      Mackeral
                             7»      Other
      C.   Livers end roes :
 Pish, dried^ : Sr-,11^«:br in brine ; smoked fish, whether or
 not cooked before or during the smoldu?.g process :
Am     Dried, sal';&d            in brine ;
       I. Whole , . hard '.ess or in pieces :
             (a) Korr lings
             (b ) Cod                             1 •'
             ( o ) jÈrrxch.ovios (Engraulis sp.p »)
             U)               .nalibut (Hippoglo e-Tu.3 vulgaris )
          - ( e ) S?.l-Sw-n, salted or in brine
            (f) Cthsr
      II . Fillets :
            (a) C:? cod.           ,                 ,
            (b ) Of                  salted or in brdue
            (c / Ox                or Greenland        ibirfc (Hippoglossus
                   • relj^wrUiius), salted or in "brine
            ( a) eti-'v-                         * *
                                                                                 i
B. Smoked, vrhr ?r cr not cooked before or during the
      smoking pi-o^psy ?                                                        ,
                                             • ''  -                     ι     I
      I. \ Herri.ri.tr :       »■ '■                                          !
    . II • SalB on                                                            |
   III . Lesser or Greenland halibüt (Hippiglossus reinhardtius ; i
 ---pagebreak--- CCT heading No                                             Description of goods
                                                 IV . Common halibut (Hippoglossus vulgaris )
                                                  V.    Other
                                       C.   : Livers and roes
                                       D.     Pish meal
    03.03                              Crustaceans and molluscs , whether in shell or not , firesh
                                       ( live or dead), chilled , frozen , salted, in brine or dried
                                       crustaceans , in shell , simply boiled in waters
                                       A.     Crustaceans :
                                              I.   Crawfish
                                              II . Lobsters (llomarus sp.p.)ï
                                                   ( a) Live
                                                   (b ) Other :
                                                          1.  Whole
         ■ ·■··' \          ..                            2.  Other
                                           III . Crabs and freshwater crayfish
                                              IV . Shrimps and prawns :
                                                   ( a) Prawns (Pandalidae sp.p .)
                                                   (b ) Shrimps of the genus Crangon sp.p .:
 Μ Λ-   «.     » - V.          .                         _1.  Presh , chilled or simply boiled in water
                                                          2.  Other
V '*·«· »   ' . Λ·ι*·>>· "^    Λ "?*.«
                                                   ( c ) Other
                                               V. Other (for example , Norway lobsters )
                                       B«     Molluscs :
                                              I.   Oysters :
                                                   ( a) European flat oysters weighing not more than
                                                          40 g each
                                                   (b ) Other
                                              II . Mussels
                                           III . Snails , other than sea snails
                                              IV . Other
                                                   ( a) Frozen :
 ---pagebreak---  CCT heading Ho                                  u:-ipi5ic«i of goods
·ΜΜΜΜΙΜΝΜ·Μη^»Α:                   «KkAa-UtC.ifAA. ■ g«fvr
                                                                       m
                                                                                 ■ «·    :· .   · . ϊ > %Λ -
                                      . . .1 .                id :
                                               ■-               OBana&tr.£phes -sagit t atug _and .          .• -
                                                                Loligo sp.p
                                                        ("fcb ) Othei*
                                          2.         Cuttlefish of the speci.es Sepia officinalis ,
                                                     Lossia iaacrosoma and Sepiola rondeleti
                                          3.         Ocxcrms
                                          4 <>        Other                            r
                                (t>) Oyhor :.
                                          1.          Srrn5d ( Qmmastrephes segittatus and Loligo
                                          2.         Other.
     05.15             Animal prochicf. n not elsewhere specified or included ; dead
                       animals of OLr^-iei- i or Chapter 3 , unfit for human
                       consumption';
                       A.  Fish . ci-TjTiaceans and molluscs :
                           I»   Fis'.i           a lu.n^th of 6 cm or less and shrimps
                                and pyrxtiK , dried                                   j
                           II . Other ''&)                             V "             |
                       B.  Other
 ( a) See Annex III to the Common 0".;<veva3 T-^riff
 ---pagebreak---                          Azmsx vi
                      Correlation table
Article 7                               - Article . 8
            7   a             '                     7
            8                                       9
          v9                                     10
           10                                    11
           11                                    12
           12                                    13
           13                     '              14
           14                                    15
           15                                     16
           16                                     17
           17                                    18
           18                                     19
           18a      '                             20
           19 ...                                21
        . 20                                     22
    .    . 21 .                                   23
           22-                                    24
           23                                     25
           24                                     26
           25                                    27
           25a                                    28
      -    26                                    29
           27                                     30
           28                                     31
           29     -                               32
           30                                     33
           31                                     34
           32                                     35
 ---pagebreak---                    Proposal for consolidation of Regulation ( BEC ) NO 2141 /73
 The Commission proposes the Council that , as part of the consolidation of all acts
 of the Council relating to fishery products , it should also proceed to adopt the text
 of Council Regulation (EEC ) No 2141/70 of £0 October 1970 laying down a common
 structural policy for the fishing industry ( l ).
 This consolidation involves certain adaptations ' of a formal nature which are shown
"below in a simplified form , and which should "be interpreted into the text .
Référencés                              Former text                       Now t e:ct
4th citation         Having regard to the Opinion of the
                     European Economic and Social Committee
article 15           the test of article 15 shall "be
                     replaced by :                              1.   Council- Regulation (ESC )
                                                                No . 2141/70 of 20 October
                                                                1970 laying down a common
                                                                structural policy for the
                                                                fishing industry ( l ), is
                                                                hereby repealed .
                                                                2.   All references to the
                                                                Regulation repealed by
                                                                virtue of paragraph 1
                                                                shall be treated as
                                                                references - to this
                                                                Regulation ."
                                                                          Article 16
                                                                              – ■ ■ m m, m »■ 1
                                                                This Regulation shall enter
                                                                into force on
 ( 1 ) OJ No L 236 , 27.10.1970 , P - 1
 ---pagebreak---               iropoEal for consolidation of Council Iiegulation (ESC )
                            ■ ■:      lío 1315/71 - . ■             '
 The Commission proposes the Council that , as part of the consolidation of all acts
 of the Council relating to fishery products , it should also proceed to ado ., t -the
 text to Council Regulation (EEC ) ITo 1315/71 of 21 June 1971 on imports into the
 Community of fishery products originating in Turkey ( l ).
This consolidation involves certain adaptations of a formal nature which are shown
below in a simplified form , and which should be interpreted into the text .
References                            Former te::t                      New text
  article 4             The text of article 4 shall be
                        replaced by :                          1.  Council Regulation \.EEC '•
                                                               No 1315/71 of 21 June 1971
                                                               on imports into the
                                                               Community of fishery product
                                                               originating in Turkey ( l ),
                                                               is hereby repealed .
                                                               2.  All references to the
                                                               Regulation repealed by
                                                               virtue of paragraph 1
                                                               shall be treated as
                                                               references to this
                                                            - Regulation . •
                                                                      Article 5
                                                             . This Regulation shall enter
                                                               into force on
( 1 ) QJ No L 139 , 25.6,1971 , p. ,1
 ---pagebreak---                       REGULATION ( EEC ) Ho ..     OP THE COUNCIL
                                      of
               concerning imports into the Community of fishery-
                           products originating in Morocco
  THE COUNCIL OF THE . EUROPEAN COMMUNITIES ,
  Having regard to the Treaty establishing the European Economic
  Community , and in particular Article 43 thereof ;
  Having regard to the proposal from the Commission ;
  Having regard to the Opinion of the European Parliament ;
  Whereas implementation of the common fishery policy has rendered
 null and void the system provided for in Annex 2 to the Agreement
  establishing an Association "between the European Economic
■ Community and the Kingdom of Morocco ; whereas the Community must ,
  pursuant to Article 10 ( 2 ) of that Annex , take account of the
  interest of Morocco when establishing the common organization of
  the market in fishery products :
       . ■ • . -* ■ .
  Whereas Council Regulation (EEC ) No                 ^ of
  on the common organization of the market in fishery products
  established a system of trade with third countries based on the
  application of the Common Customs Tariff ; whereas it is possible
  for the Community to meet its obligations with regard to Morocco
  by granting that country considerable tariff concessions which can
  go as far as exemption from duty for products falling within *
  Chapter 3 of the Common Customs Tariff ;                 ■ -        f
  Whereas Regulation (EEC ) No                 ^ defined Community
  arrangement for imports of carp from Morocco : whereas since V
  1 ) See page              of this Officiai Journal
 ---pagebreak--- such arrangements have not yet "been defined for imports of
trout and prepared or preserved sardines and tunny from third
countries , the definition of . arrangements applicable to imports
of the said products originating in Morocco should be deferred ;
HAS ADOPTED THIS REGULATION :
                                 Article 1
The products listed in Article 1 ( 2 ) ( a ), ( b ), ( c ), ( d ) and ( g )
of Regulation ( EEC ) No            , with the exception of trout and
carp falling respectively within subheadings 03.01 A I ( a ) and
03.01 A III of the Common Customs Tariff originating in Morocco ,
shall "be imported into the Community free of customs duty .
                                 Article 2
The products listed in Article 1 ( 2 ) ( e ) and ( f ) of Regulation
( EEC ) Ho          , with the exception of prepared or preserved
sardines and tunny falling respectively within subheadings
16.04 D and 16.04 E of the Common Customs Tariff originating in
Morocco , shall be imported into the Community at customs duties
equal to 30$ of the Common Customs Tariff duties applicable .
                                 Article 3
1 . Council Regulation ( EEC ) No 1705/71     of 26 . july 1971 concerning
    imports into the Community of fishery products originating
    in Morocco is hereby repealed .
2 . References to the Regulation repealed pursuant to paragraph 1
    are to be understood to apply to this Regulation .
     1 ) OJ No L 176 , 5.8.1971 , p. 2
 ---pagebreak---                             - 3 -
             ' '.w         Article 4*
This, Regulation shall enter into force on , . ■
This Regulation shall be "binding in its entirety and directly
applicable in all Member States .   .*
Done at Mussels ,
                                         For the Council
                                          The 'President ...
 ---pagebreak---                                        r
           REGULATION ( EEC ) No         ' OP THE COUNCIL
                        ■ Of                    j ;. ■ ■
        concerning imports into the Community of fishery
                 products originating in Tunisia
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic
Community , and in particular Article 43 thereof ;
Having regard to the proposal from the Commission :
Having regard to the Opinion of the European Parliament ; 1
Whereas implementation of the common fishery policy has rendered
null , and void the system provided for in Annex 2 to the
Agreement establishing an Association between the European
Economic Community and the Tunisian Republic ; whereas the '
Community must , pursuant to Article 10 ( 2 ) of that Annex , take
account of the interests of Tunisia when establishing the common
organization of the market in fishery products ;
Whereas Council Regulation ( EEC ) ITo              ^ of
on the common organization of the market in fishery products
established a system of trade with third countries based on the
application of the Common Customs Tariff ;      whereas it is possible
for the Community to meet its obligations with regard to Tunisia"
by granting that country considerable tariff concessions which can
go as far as exemption from duty for products falling within
Chapter 3 of the Common Customs Tariff :
V/hereas Regulation ( EEC ) No      /75 defined Community
arrangements for imports of carp from Tunisia ; whereas , sinooii;'. :!
 1  See page        of this Officiai Journal ,
 ---pagebreak---                                    - 2 -
such arrangements have not yet been defined for imports of
trout and prepared or preserved sardines and tunny from third
countries , the definition of arrangements applicable to imports
of tlic said products originating in Tunisia should be deferred ;
  HAD ADOPTED THIS REGULATION :
                               Article 1
The products listed in Article 1 ( 2 ) ( a ), ( b ), ( c ), ( d ) and ( g )
of Regulation ( EEC ) No             , with the exception of trout
and carp falling respectively within subheading 03.01 A I ( a )
and 03.01 A III of the Common Customs Tariff originating in
Tunisia , shall be imported into the Community free of customs
duty .
                               Article 2
The products listed in Article 1 ( 2 ) ( e ) and ( f ) of Regulation
( EEC ) No        , with the exception of prepared or preserved '
sardines and tunny falling respectively within subheadings
16,04 D and 16.04 E , of the Common Customs Tariff originating'
in Tunisia , shall be imported into the Community at customs
duties equal to 30f° of the Common Customs Tariff duties applicable .
                               Article 3
1 . Council Regulation ( EEC ) No 1706/71 of 26 July 1971 concerning
    imports into the Community of fishery products originating in
    Tunisia is hereby repealed .
2 . References to the Regulation repealed pursuant to paragraph 1
    are to be 'understood to apply to this Regulation ,
 1 OJ No L 176 , 5.8.1971 , p. . 3 .
 ---pagebreak---                                - 3 -
                             Article 4
  This Regulation shall enter into force on
  This Regulttion shall be binding in its entirety and directly
■ applicable in all Member States .
  Done , at Brussels ,
                                       For the Council
                                        The President
 ---pagebreak---               Proposal for consolidation of Regulation (EEC ) ITo 2600/ 73
The Commission proposes tha Council thatj, agjpart of the consolidation of all acts
of the Council relating to fishery products , it should also proceed to adopt the
t:     c ? Co      ' Eegulation (EEC ) Ifo- 3^9/73 . ?7 ^December 1973 on customs        ••
treatment to be applied to certain fishery products originating in Norway ( l ).
This consolidation involves oertain adaptations of a formal nature which ar.e shown
                                                y       ■'             '               ; '
below in a simplified form , and which should be interpreted into ihe text .
References                             Former text                            New text.
article 4                  The text of article 4 shall be
                           replaced by :                        1.   Council Regulation (EEC )
                                                                ITo 3609/73 of 27 December
                                                                1973 on customs treatment
                                                                to be applied to certain
                                                                fishery products originating
                                                                in IToruay ( l ), is hereby
                                                                repealed .
                                                                2.   All references to the
                                                                Regulation repealed by virtue
                                                                of paragraph 1 shall be
                                                                treated as references to
                                                                this Regulation .
                                                                             Article 5
                                                                This Regulation shall enter
                                                                into force on
 ( 1 ) 0J Ho L 365 , 31.12.1973 , p. 171
 ---pagebreak---             REGULATION ( ESC ) No                OF THE' COUNCIL
                               of
       concerning the importation into the Community of
       certain fishery products nriginating in Morocco
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic
Community , and in particular Article 43 thereof ;
Having regard to the proposal from the Commission ;
Having- ^regard : to the Opinion o.f . thq . European Parliament ; , ^ ... .
Whereas the arrangements for the importation into the Community
of fishery products originating in Morocco laid down by
                                     Λ
Regulation ( EEC ) No ' ' '            do - not cover trout , carp , preserved
sardines or tunny ; vvhereas negotiations are in progress for the
conclusion of a new Association Agreement between the European
Economic Community and the Kingdom of Morocco which should
establish special import arrangements for the said products ;
Whereas , pending the entry into force of that Agreement , the
transitional arrangements for imports into the Community of : .
certain fishery products originating in Morocco , whether in
respect .. of. carp , acid trout .or preserved, sardines and ..tunny ,      -
should therefore be extended until the entry into force; of the
Agreement referred to above or tintil' 31 December 1975 , whichever
is the earlier ; " "" -             1%       '•
Whereas , having regard to tlie provisions of the Act of Accession ,
the import arrangements applied by " the Member States to the
products in question, originating - iii -Morocco.'mus,t not . be, lessr ...
1 See page            of this Official Journal .
 /
 ---pagebreak---                                                 - 2 -
favourable than those applied from 1 January 1975 to like products
originating in third countries'"*-'
HAS ADOPTED THIS. REGULATION :                      ' .• ; .      . •
                                              Article 1
The following products originating in Morocco shall be imported
into the Community free of customs duty :
           CCT
         heading                             Description of goods
           No
03.01                           Pish , fresh ( live or dead ), chilled or
                                frozen :
                                A. . Freshwater fish :
                                     I , Trout and other salmonidae :
             ■  ■ ·. '   ·
                                         a ). Trout
                                              Article 2 •
T , Member States shall maintain in force the import arrangements
applied on 31 January 1972 to the following products originating
in Morocco :           -     ■'           . • '                 .        '   ■
           CCT                                                             »
         heading                             Decription of goods
       .   No·.            ■
16.04                           Prepared or preserved fish , including caviar
                                and caviar substitutès :
                                D. Sardines
     ■
                                Ér Tunny
 ---pagebreak--- 2 . However , Member States, which open tariff quotas under the
arrangements referred to in paragrahp 1 may increase the quantity
of such o_uotas "by not more than 30fo.
3 . the import arrangements applied to the products specified
in paragraph 1 originating in Morocco shall in no case be less
favourable than those applied to like products originating in
third countries .
                               Article 3
The arrangements provided for in this Regulation shall apply
for 1975 , until the entry into force of the new Association
Agreement between the European Economic' Community and the'
Kingdom of Morocco or until 31 December 1975 , whichever is the
earlier .
Council Regulation ( EEC ) No 347/75 ^ of 10 February 1975 concerning
the importation into the Community of certain fishery products "
originating in Morocco is hereby repealed .
References to the Regulation repealed pursuant to paragraph 1 '
are to be' understood to apply to this Regulation .
                               Article 5
This Regulation shall enter into force on
This Regulation shall be binding in its entirety and directly
applicable in all Member States ,
Done at Brussels ,
                                          For the Council
                                           The President
 2 OJ Fo L 40 , 14.2.1975 , p. 3 .
 ---pagebreak---             REGULATION ( EEC ) Ho           OP THE COUITCIL
                           of
        concerning the importation into the Community of
              fishery products originating in Tunisia
THE COUNCIL OF THE EUROPEAN COMMUNITIES , ;
Having regard to the Treaty establishing the European Economic
Community , and in particular Article 43 thereof ;
Having regard to the proposal from the Commission ;
Having regard to the Opinion of the European Parliament }
Whereas the arrangements "for the importation, into the Community
of fishery products originating in Tunisia laid down by ,
                               A
Regulation ( EEC ) No             do not cover trout , carp , preserved
sardines or tunny;''                           . •■
V/hereas negotiations aire in progress for the - conclusion of a
new Association Agreement between the European Economic Community
and the . Republic of Tunisia which should establish special import
arrangements for the said products ;
V/hereas , pending the entry into force of that Agreement , the
transitional arrangements for imports into the Community of
certain fishery products originating in Tunisia , whether in
respect of carp and trout or preserved sardines and tunny , should
be extended until the entry into force of the Agreement referred
to above or until 31 December 1975 , whichever is the earlier ;
Whereas , having regard to the provision of the Act of Accession ,
the import arrangements applied by the Member States to the
 1  See page      of this Officiai Journal
 ---pagebreak--- products in question originating in Tunisia must not be 'less
favourable than those applied from 1 ' January 1975 to like
products originating in third countries .                      ' ' "
HAS ADOPTED THIS REGULATION ;
                                 Article 1
The following products originating in Tunisia shall be imported
into the Community free of customs duty :
          CCT                                                          .
     heac"ing                   Description of goods
          1-] c
       03*01                  Pish , fresh ( live or dead ), chilled '
                              or frozen :
                            . A. Freshwater fish :
                                    I. Trout and other salmonidae
                                       a ) Trout
                                 III . Carp
                                 Article . 2
1 . Member States shall maintain to force the import arrangements
applied on 31 January 1972 to the following products originating
in Tunisia :                                                 "••• •
     •  - CCT ' - ■ • • " -                                          :
     heac'lng                    Description of goods
          Ko                        "              '
       16.04                   Prepared or preserved fish , including
                               caviar and caviar substitutes :
                               D. Sardines
                               E. Tunny
 ---pagebreak--- 2.  However , Member States which, open tariff quotas under the
arrangements referred to i$; paragraph " 1 may increase the
quantity of such quotas by not more than 30?6 .
3 « The import arrangements applied to the products specified
in paragraph 1 originating in Tunisia shall in no case be less
favourable than those applied to like products originating in
third countries .
                              Article 3
                                                    X       - '
The arrangements provided for in this Regulation shall apply
for 1975 , until the entry into force of the new Association
Agreement between the European Economic Community end the
Republic of Tunisia or until 31 Eecember 1975 » whichever is
the erxlier .
Council Regulation (EEC ) No 346/75 ^ of 10 February 1975
concurring the-' importation into the Community of certain
fishery products originating in Tunisia is hereby repealed .
References to the Regulation repealed pursuant to paragraph 1
are to be understood to apply to this Regulation .
       , •                     Article 5
This Regulation shall enter into force on
This Regulation shall be binding in its entirety and directly
applicable in all Member States .
Done at Brussels ,                   ,
                                       •• For the Council
                                         • The President
2 OJ No X, 40 , 14.2.1975 , p , t .
 ---pagebreak---        Proposal for consolidation of Council Regulation (EEC ) No 1183/75
 The Commission proposes the Council that , as part of the consolidation of all acts
 of the Council relating to fishery products , it should also proceed to adopt the
 text of Council Regulation (I2EC ) No 1183/75 of 5 I-Iay 1975 fixing for the 1975
 fishing year a guide price for hake ( l ).
                                                                                          4.
 The consolidation involves certain adaptations of a formal nature which are shown
"below in a simplified form , and which should be interpreted into the test .
References                         Former text                              Now text
 2nd visa, 1st and
 3rd recital                        article 8                               Article 9
footnote                  ( 1 ) OJ Ho L 236 , 27.10.1970 , p. 5      see page     of this
                                                                     Official Journal
                          ( 2 ) OJ No L 264. 5.12.1970 , p. 1        see page     of this
                                                                     Official Journal
article 2                 the text of article 2 snail be
                          replaced "by                               1.  Council Regulation
                                                                     (ESC ) NO II83/75 of 5
                                                                     May 1975 fixing for
                                                                     the fishing year a guide
                                                                     price for hake ( l )
                                                                     is hereby rrej>ealed .
                                                                     2.  All references to
                                                                     the Regulation repealed
                                                                     by virtue of paragraph 1
                                                                     shall be treated as
                                                                     references to this
                                                                     Regulation .
                                                                           Article 3
                                                                     This Regulation shall
                                                                     enter into forco on
 Besides , references to Regulations which by reason of their consolidation stand
 repealed shall be replaced by a reference setting out their now number in
 accordance with the following table :
 Relevant provisions                                                  Refer e^ce to be
                                                                           replaced
 2nd visa                                                    2142/70        20 October 1970
                                                             as last amended by Regulation
                                                             (3EC ) No 1182/75
 ( 1 ) OJ No L 118 , 8.5.1975 , p. 2
 ---pagebreak--- Relevant provisions                Rcference to te rer>laced
                     • '.«rw    •'
                                           2142/70
Isct asfìattiauL'- '          v     ■ • by Regulation (EEC) 1T6 : 1182/75
2ni recital                                2142/70 -       •* •
3rd recital » •             V      •' '* 2142/70 -
                                           2455/70 30 Sovembor .1970
article ;1                                 2455/70
footnote                                   ( 2 ; see page 1 of this
                                           Official Journal
 ---pagebreak---            REGULATION ( EEC ) 'No               OF THE COUNCIL
                                of        '           .   '
         laying down common marketing standards for certain- - '
                   1 '
                            fresh or chilled fish
                                 ■  ■                   :
       ►   f
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,             '         ■    -
Having regard to the Treaty establishing the European Economic
Community ;
 :            ■    :■   _    ·         .    ■ ,    > „         1 ■·
Having regard to Council Regulation ( EEC ) No                    of
                       on the common organization of the market in
fishery products , and in particular Article 2 ( 3 ) thereof ; .
Having regard to the proposal from the Commission ;
Whereas Regulation ( EEC ) No                 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 degre&"4f
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 ;                              ' .-
Y/hereas the adoption of standards for certain products has
assumed particular importance in view of the measures on the
Τ               ··
   Sae page            of this Official Journal ,
 ---pagebreak--- determination and formation of prices provided . for .in. Regulation
 ( EEC ) No             ; whereas the grading Eitherto " 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 suoh fish is
immediately filled or otherwj.se 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 judged fit for human consumption
and which , being used for that purpose , are therefore subject to
grading , and other prpducts ; whereas this will facilitate both
marketing at the stage where standards are applied and . the checking
compliance 'with thes© standards ; whereas it Beems
necessary , however , to exclude from the field of application of
the standards certain direct sales of small quantities to
retailers or consumers ;
Whereas' the ten species covered by this Regulation represent'
about SOfo of Community production of fresh fish and 80fo of imports
from third countries ; whereas priority should therefore be given
to the adoption of standards for these species ;
    ' < • * :, » : f: .    ? - ■■■:.       h r •           ■   ■
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 ;                         ..                     "• * •
 ---pagebreak--- 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 ,
organisations 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
organisations concerned :
Whereas it is essential that fish imported from third countries
should conform to Comrmmity 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 spedes which has
      been subjected to the same treatment and which may have come
      from the same fishing ground and the same vessel ;
 ---pagebreak--- ( 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 .
                         •        •      •   • , . ..   • . -       1,   ••   ,
             - ''v           '      '      Article 2 -        -
1 . Fish as OTSesiflsa ii Artidle 3 which form part of Community
catches may be                        for bu;oian consumption v/i'thin the • Community
only if it cor^iits with the provisions - of this Rs^ulation .
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 3-2
of Regulation ( EEC ) No
                 : '                       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 TarilJ with the exception of fish which is live ,
frozen or in pieces .
           Cod                 ( Gadus morrhua )
           Coalfish            ( Pcllachius virens )
           Haddock             ( Melanof^r^ynus aeglefinus )
           Whiting             ( Merlangius merlangus )
       ' Plaie e       '       ( Pleuronectes platessa ) •"
           Redfish             ( Sebastes marinus )                    '
         . Mackerel .,         ( Scomber scombrus ) .
           Herring             ( Clupea harengus )
           Sardines            ( Clupea pilchardus ïïalbaum)
           Anchovies '         ( Engraulis encrasicholus )
 ---pagebreak---                              - 5 -
                            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
  Sach part examined shall be awarded marks corresponding to
  the freshness criteria indicated in the scale ,    ThS    ■
  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 1                   ■  •
  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 .
 ---pagebreak---                                   -. 6 -,
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 , 1 the fishing ground
in which it was caught and its presentation .
Detailed rules for the application of this paragraph ?hall be
adopted in accordance with the procedure laid down in Article
32 of Regulation No              .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
£LO t , 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                                 .  • •
 ---pagebreak---                                  - 7 -
                              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
cud trade organizations referred to in' Article 9 , /The other
Member States aiid 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 SOT human: consumption
only if :                      .   ■. ■ '-•' /<> . , ' ■         •
( a ) it complies with the provisions of Articles 4 , 5 , 6 , 7 and
      8:
 ---pagebreak---  ( 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 ;
       - présentation ; •
       - 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
1.     Council Regulation ( EEC ) No 2455/70 of 30 November 19.70
determining common marketing standards for certain fresh or
chilled .fish , as amended by Regulation ( EEC ) No 1082/71 , is
hereby repealed .
2 . All references to the Regulation repealed by paragraph 1
shall be treated as references to this Regulation .
1 OJ No L 264 , 5.12.1970 , p. 1 .
2 OJ No L 116 , 28.5.1971, p. 10.
 ---pagebreak---                            Article 13
This Regulation shall enter into force on
This Regulation shall be "binding in its entirety and directly
applicable in all Member States .
Done at Brussels ,
                                    For the Council
                                      The President
 ---pagebreak---                                            AÏÏTTEX A
                                    FRESHNESS RATIITGS
                                                        CRITERIA
 PAKTS 0F
                                                          Marks
 FISH
 INSPECTED                  3            :          '2        j          1       j         0
                                                       APPEARANCE
                                                               i
 SKIN                Bright ,              Pigmentation         ¡Pigmentation        Dull    pig­
                     iridescent            bright but not iin the . process mentation ;
                     pigmentation ; lustrous ;                  { of becoming        opaque
                     no discolora-         slightly cloudy! discolored and           mucus
                     tion }                mucus                jdull ; milky
                     aqueous ,
                     transparent
                                                                jmucus
                     mucus
                                                               1'
                                                                                                .   ï
 FiE                 Convex                Convex and             Flat ;           j Concave in
                      ( bulging ) ;        slightly               opalescent "j the centre ;
                                                                  cornea ;
                                                                           pupil j| milky
                     transparent           sunken ;
                     cornea j              slightly               opaque             cornea ;
                     black , bright opalescent                                    j grey pupil
                     pupil                 cornea ; black ,                       i
                                           dull pupil                             j
                                                                                                  1
 GILLS               Bright                Less coloured; Becoming                   Yellowish ;
                     colour , no           slight traces discoloured ;               milky mucus
                     mucus                 of clear mucus opaque mucus
FLESH                                                                                        -,
                     Bluish ,              VelveUy , waxy , Slightly                 Opaque
( cut from           translucent ,         dull ; colour          opaque
abdomen )            smooth ,              slightly
                     shining ; no          changed
                     change in
                     original
                     colour ;
                                                            i                     j     *
COLOUR ALONG
THE VERTEBRAL
                     Uncoloured jI pink    Slightly         jPinlc
                                                             i
                                                                                 ¿ Red
                                                                                 j
COLUMN           ■ '                   V                    !                    1
•j
   Or in a more advanced state of decay .
 ---pagebreak---                                            - 2
                                                   CRITERIA
                                                     Marks
                                               2
                                                 APPEARANCE
                                                                                     1
 ORGANS             Kidneys and        Kidneys and         Kidneys ,         Kidneys
                    residues of        residues of         residues of'      residues of
                    other organs       other organs        other organs      other organs
                    should be          should be           and blood         and blood
                    bright red ,       dull red ;          should be         should be
                    as should          blood               pale red          brovmish in
                    the blood in­      becoming                              colour
                    side the           discoloured
                    aorta :
                                                 CONDITION
                                     I
FLESH             . Firm and           Less elastic        Slightly          Soft       1
                    elastic ;                              soft ( flaccid ) ( flaccid ) ;
                    smooth sur­                            less elastic ;    scales
                    face                                   waxy ( velvety ) easily de-
                                                         : and dull sur­     tached from
                                                           face              skin , surface
                                                                             rather
                                                                             wrinkled ,
                                                                        •
                                                                             inclining to
                                                                             mealy
VERTEBRAL
COLUMN
             . ;' instead
                    Breaks    of j
                                    j Sticks               Sticks
                                                           slightljr
                                                                             Does not
                                                                             stick
                    coming away j
PERITONEUM ■'       0+ . , '        j Q+ . T . . . -
                    Sticks com- ; Sticks                ? Sticks
                                                                  - · ·      Does not
                    nletely to     |                    j slightly           stick
                                                  SMELL                    ·          i
                                   i
GILLS ,  ,          Seaweed        | No smell of           Slightly          Solir ^
SKIN ,          -    -■.           j seaweed or            sour
ABDOMINAL '               ·      .     any bad smell
CAVITY                             }     .
                                               •       J
^
   Or in a more advanced state , of decay .
 ---pagebreak---                                             ANNEX II
                                            ' SIZING
                                                                                          kg/fi sh
                          Cos           Çoalfish                         '   Haddock             Whiting
Size -1         »   7 and over      5 and over                          . 1 and., over        0-5 and over
Size 2              from 4 up to    from 3 up to -                         from. Or 4 up      from 0.35 up tc
                    but exclu-    . but exclu-                             but ex-            but exclu-
           y        ding 7    .     ding 5                                 cluding 1 :        ding 0.5
Size 3              from 2 up to    From 1.5' up                           from 0.25 up       from 0.2 up
                  . but exclu-      to but ex-                             to but ex-         to but ex-
                    ding 4.         cluding 3                              cluding 0.4        cluding 0,35
Size 4              from 1 up to    less . than                            less than          less than
                    to but ex-      1.5                                    0,25               0.2
 • ·. , ·. ..
                    cluding 2        '· - ·        V '             ν·
                                                                                            :
                                                                                           ♦
Size 5              less than 1                                                            I
                                                                                           kg/fish
              ;          Plaice .                      Redfish                           Mackerel
Size 1              0.6 and over               2 and over                          0,5 and over
Size 2              from 0.4 up to            less than 2                          from 0.2 up to      but
                    but excluding                                                   excluding 0.5
                    0.6
Size 3              from 0.3 up to                                                 from 0.1 up to      but
                    but excluding                                                   excluding 0.2 .
                    0.4
Size 4              less than 0.3 "                                                less than 0.1
Size                            Herring                                                Sardines
                       kg/fish      Number of                                 kg/fish      j    Number of
                                    fish to kg                                             ï     fish to kg
Size 1              0.125 and       8 or less                              0,060 andover!17 or less
Size 2              from 0.085 up from 9 to 12                             from 0.040 up from 18 to 25
                    to but ex-                                             to but ex-~ '
                    cluding 0,125                                          eluding 0.060
Size 3              less than       13 and over                            from O.O3O up from 26 to 33
                    0.085                                                  to but ex-
                                                                           cluding 0.04-0
Size 4                                                                     less than          34 and over .
                                              7"
                                                 ♦
                                                   '
                                                     * èt
                                                     ·
                                                          '■ >
                                                             ·
                                                               >
                                                                 . «
                                                                      »    O.O3O                  •f    *  . ü
 ---pagebreak---                          Anchovies
           kg/fish                 Number of fish to kg
Size 1 0.040 and over           25 or less
Size 2 from 0.020 up to but     from 26 to 50
       excluding 0.040
Size 3 less than 0,020          51 and over
 ---pagebreak---            RLG-ULAxIOIT ( EEC ) 1.0         OF THE COU" ICI L
                               of
        laying down common marketing standards for shrimps
                      of tho genus Crangon sp,p .
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing tho European Economic
Community j
Having regard to Council Regulation ( EEC ) No                 of
                     on the common organization of the market in
fishery products , and in particular Article 2 ( 3 ) thereof ;
Having regard to the proposal from the Commission ;
Whereas Regulation ( EEC ) No               provides that' common marketing
 standards may to la5.d down ;      whereas -"'he application
of such standards should help to i r rove the quality of shrimps
marketed and thus facilitate their sale ;
Whereas one way of improving quality is to prohibit the marketing
for hinjan consumption of shrimps w'lieh are not cf a given degree of
frsshness cr of a given size ;
Whereas virtually all Community shrimps are boiled in water
immediately after being caught to prevent any deterioration in
their freshness ; whereas it is therefore advisable as a first
priority to lay dovm standards for shrimps simply boiled in
water ;
Whereas , in almost all Member States engaged in sea fishing ,
shrimps wnich have been                  fit for human cons^w.pticn under
national regulations are offered for sale after grading by size ;
whereas shrimps are also graded according to degree of freshness :
Ί
   See page        of this Officiai Journal .
 ---pagebreak---                                   - 2 -
Whereas . the adoption of standards for - shrimps has assumed
particular importance in view of the . measures on the determination
and formation of prices provided for in Regulation ( EEC ) No
whereas the grading hitherto carried out at national level should
therefore be standardized ;
Whereas shrimps have hitherto been graded only before being sold
for the first time, since a large proportion of such shrimps -, is
immediately shelled 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 shrimps intended for human
consumption , including imported shrimps marketed on th& territory
of the Member States of the Community ; whereas the limitation of
the obligation, incumbent on the industry to shrimps Intended for
human consumption enables a clearer and more rapid distinction
to be made between products which are, judged fit 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 Gf 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 freshness is a decisive factor in assessing the quality
of shrimps ; 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 there is at present no objective method of assessing the
freshness of shrimps 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 ;                       ..             ..... , , . .
 ---pagebreak---                                     - 3 -
Whereas , in view of normal practice' in most Member States , it
is advisable that the industry should grade shrimps 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 for the experts and trade
organizations concerned ;
Wherfeas it -is " ess ential that shrimps imported from third countries
should conform to Community standards ;
Whereas the' application of Community standards to these shrimps
means that additional information must be given on packages ;
whereas / however , this information is not necessary in the case
of shrimps landed ih the Community direct from the fishing grounds
from third country vessels , -it being unders toad, however, that
euch shrimps may be marketed only in accordance with the
provisions applicable to Community catches ; " " """• '         * *
HAD ADOPTED 'THIS REGULATION : •,
                                  " Vf.-   .      .     ; •          ' ■
                                 Article 1
Marketing standards' are hercVr laid down for shrimps of the genus
Crangoii sp .      simply boiled- in water , falling within subheading
ex 03.03 A IV ( b ) 1 of the' Common Customs Tariff .
                                 Article 2
For the purpose of this Regulation ;
( a ) " marketing 1 means the first offering for sale and the first
      sale after arrival in the Community ;
 ---pagebreak---  ( b ) 'lot' means a quantity of shrimps packed as a -unit ; ...
 ( c ) 'packaging' means the type of container in which the . shrimps
        aro offered for sale , such as boxes , baskets , etc .
                                           Article 3
1.             Shrimps as specified'          in Article . 1 which form part of
Community catches may be marketed for human consumption within
the Community only if - they comply with the provisions of this
Regulation *                                            v
2.         The provisions of this Regulation shall not , however , apply
to small quantities of shrimps disposed of by inshore fishermen
direct to retailers or to consumers »                            . <
3.         Detailed rules . for the application of paragraph 2 ahall be
adopted . in accordance with the procedure laid down in Article
32 of Regulation ( EEC ) No
                                           Article 4
The marketing standards referred to in Article 1                                     comprise :
      v   a .-. .     V '        *■;   .       -
        *       . . .     ■*. .«     ^
( a ) freshness categories and                               -i -j. v . : >'     •*' :    '
( b ) sizo categories ,                  '  . ,v          •   ,•
                                           Article 5                         ■: '    : .v      '
1•          Shrimps as specified              in -Article 1 shall.' be classified by
lot in Freshness Categorjr A or B.
 ---pagebreak---                                          ρ- - 5~ -*
                                                  î
FRE3IIKES3 . CATEGORY- A         . •• •. : f-. •' :•       ; •.
( a ) ^Minimum requirements :. .                                - /-.<•
       - the shell must have a moist and shiny surface ;
       - the shrimps must fall out separately when poured from one
       7 container > tot another : V'. •«            -Sr -        ' r               v *2     >
       - the- flesh /must be free from any foreign odour ; . - . • -r
                                                                                       ' 1,
                                                                                 »,    •
       - the shrimps must be free from sand and other foreign
      • bodies ;        .                                               ' ' . • . , . :\ . .
( b ) Appearance of shrimp with shell ;                                                •' -
       - clear reddish-pink in . colour with small white flecks-j
        'i pectoral part of ..the shell should be light in colour ;
       - very incurve d :
( c ) Condition of flesh during and after shelling :
       - it should shell easily with only such losses 'of flesh as
           are technically unavoidable ;                     ^                   -w-
            I
       - it should be firm , but not tough;
( d ) Fragments :
       Occasional fragments, of .shrimp allowed?^./?
FRESHNESS CATEGORY B
( a ) Minimum requirements :
       the saane as for Freshness Category A ;
 ---pagebreak---                                    - β–
( b ) Appearance of shrimp with shell :
       - ranging in colour from slightly washed-out. reddish-piilk '
          to bluish red with white flecks ; pectoral part of the .
          shell should be light coloured tending towards grey :
       - incurve d ;
( c ) Condition of flesh during and after shelling :
     ■ - it should shell less easily v/ith small losses of flesh ;
       - it can be less firm , slightly tough ;
( d ) Fragments :.                                            ;
       small quantity of fragments allowed .
2.      \7ater content shall also be taken into consideration when
products are being classified , by freshness category . .
Detailed rules for the application* of this paragraph shall be
adopted in accordance v/ith the procedure laid down in Article 32
of Regulation ( EEC ) No
                               . Article 6 : .
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 *                                         .       . .        ;
 ---pagebreak---                                Article 7
1.   Shrimps shall be graded m the following size categories :
          J v. . . . Width of. shell       Shrimps, per kg   ,
Size 1         6.8 mm and over             620 or less
Size 2         Less than 6,8 mm            621 and over
2.   Each lot must contain shrimps of the same size .      A small
lot need not , however., be of uniform size ; if it is not th'e lot
shall be placed in Size Category 2 .
3»   The size category must be clearly and indelibly marked , in
characters which are at least 5 cm high , on labels affixed ■ to
the lot .
                               Article 8
The industry shall ,grade shrimps for freshness and. size , where
necessary in collaboration with experts designated for that
purpose by the trade organizations concerned .
                               Article 9
Not later than one month before the system laid down by this
Regulation begins to apply , each Member State shall supply the
other Member 1 States and the Commission with a list of the namGS
and addressed of the -experts and trade organizations referred to
in Article 8 . The- other Member States and the Commission shall
be informed of any amendments to this list .,       ~              ' -
                     "  •...   Article 10'
1.   Shrimps as specified ~ in Article 1 imported from third
countries may be marketed in the Community for human consumption
only if :
 ---pagebreak--- ( a ) they comply with, the provisions of Articles 4 ,. 5 , 6 and 7 ;
( b ) they are presented , in packages on which . the . following
      information is ■ clearly and legi. bly marked :           , ..
      - country of origin , printed in Roman letters which are at
        least 20 mm high ;
      - one of the following descriptions :
        Crevettes grises     .         ,
        Garnelen                                                  ;
        Gamberetti grigi
        Garnalen
        Shrimns .
        Hesterener
      - freshness category and size category ;
      - net weight in kg of the shrimps in the package ;
      - date of grading and date of dispatch ;
      - name and address of sender ,
2,     However , shrimps 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 sane provisions as
those applicable to Community catches .
                                Article 11
1.     Council Regulation ( EEC ) No 166/71 of 26 JanuaryM971 laying
down common marketing standards - for., shrimps of the genus /
    0J No L 23 , 29.1.1971 , p. 3 .
 ---pagebreak---                                    - 9 -
                                                                    ?
Crangon sp.p ., as ,,last . amended by Regulation ( EEC ) No 3400/73 »
is hereby repealed .                                         -    - .
2.   All referenceb to the Regulation repealed "by paragraph 1
shall "be treated as references to this Regulation.
                                 Article 12
This Regulation shall enter into fore on
This Regulation shall be binding in its entirety and directly
applicable in all Member States .
Done at Brussels ,
                                             For the Council "
                                              The President' '
2 OJ No I 349 , 19,12.1973 , p. G,
 ---pagebreak---             REGULATION ( EEC ) ITo            OF THE COUNCIL
                     •       of
         on the recognition of producers' organizations
                           in the fishing industry
THE COUNCIL OF THE EUROPEAN COMMUNITIES , ' ■
Having regard to the Treaty establishing the European Economic
Community :     '
                                                            1
Having regard to Council Regulation ( EEC ) No                of'
              ' on the common organization of the market in fishery
products , and in particular Article 5 ( 2 ) thereof ;
Having regard to the proposal from the Commission ;
Whereas the authorities of the Member " State on whose territory
the producers 1 "'-organisations referred to in Article 5 ( 1 ) of "
Regulation Ho            have their official headquatere " ai»e in a
better position than Community institutions to checlc that these
organisations fulfil the conditions laid down for their
recognition ;                                                     -
Whereas effective concentration of supply can be achieved only
by the formation of producer 's organisations which operate on a
sufficiently large scale ;                . "                       ' '
Whereas producers 1 organi zati'ohs should be prevented from         ' ;
discriminating between' Community producers or groups of producers
on grounds of nationality or place of establishment ; whereas
any" discrimination between organizations within one economic area
based on the location of their headquaters must also be prohibited ;
 1
   See page       of this Official . Journal ,
 ---pagebreak---                                    _ 2 -
7/hereas , in the interests of 'member producers , only those forms
of association which are sufficiently integrated should be
encouraged j •        '■ "                          \ ^      :
Whereas assessment of the amount of aid to be granted raay be
 facilitated by the keeping of separate accounts within the
 producers 1 organizations ;
Whereas under certain national laws a minimum period of member- ;
ship is required ; whereas that should also be made a Community
requirement , since it is likely to introduce an element of
stability, into the working of producers' organizations , while
preventing the granting of financial support to temporary
organi zations ;
Whereas it is necessary to ensure that no adverse effect is
caused to . the application of . national provisions whose purpose
is in certain cases , to protect the - organization, or its creditors
from the ., financial \conse.quences< of the departure of members or
to prevent members from leaving the organization in the course of
a budget year :                                     :,.••• .
                                                                . ...  V
Whereas , in order to avoid any distortion of competition in the
marketing and processing of fishery , products , recognition of
producers' organizations should not - be , extended to . .activites
which go beyond the first marketing stage ;
Whereas recognition should be withdrawn when a producers *
organization no longer fulfils the- required conditions ;
Whereas ...at the beginning ? -of each year - a list of the. organizations
recognized during th.e previous year 'tod those from' which -
recognition has been withdrawn during the same period should be
published for the information of Member States and all concerned .
HAS ADOPTED THIS REGULATION :
 ---pagebreak---                                     Article 1
1.         The 'Iculrer State on whose territory a producers'
organisation has its official headquarters In accordance with
that Member State 's legislation shall "be competent to grant
and withdraw recognition of producers' organizations within
the meaning of Article 5 ( 1 ) of Regulation ( EEC ) ITo
2.         Member States shall recognize producers' organizations
applying for recognition if they fulful the conditions listed
in Article 2 and if their activities cover one or more' of the
products falling within headings ITos 03.01 to 03.03 of the
Common Customs i'ariff ( excluding products smoked elsewhere than
on fishing vessels ).
                                    Article 2
1.         Producers' organizations must , m so far as the product or
products for which . they apply for recognition are concerned ,
comply with the conditions laid down in Article 5 ( 1 ) of
Regulation ( EEC ) No                and with the following requirements :
( a ) they must show that they are sufficiently active economically
( b ) faicy must not discriminate between Community producers or
         groups of producers within an economic area , particularly
         on grounds of nationality or place of establishment ;
(iC ). . tliey must have the necessary legal status under national
         legislation ; .
( d ) they must include in their' statutes s
         ( aa) the obligation to keep separate accounts for the
               activities for which recognition is granted ;
 ---pagebreak---        ( bb ) provisions to ensure that members wishing to leave the
                organization are free to do so provided that they have
    •.        - iteeis -members, of the . organisation , for at ?.e *"–; L-'r -se ycrrc
             : following its . recognition and 'provided that they notify
          •:..:the organization of their intention at least one year in
                advance . _
       The provision referred to in -(bb) shall apply without prejudice to
       national provisions laid, down by lav/ or regulation whose
       purpose is m specific cases to_ protect the organization or
       its creditors from, any financial , consequences which might
       arise from a member 's departure or to prevent members from
       leaving the organization in the course of . the budget year .
                                                                                        i
2.       The following shall be adopted m accordance with the
procedure laid down in Article 32 of Regulation ( EEC ) No
- the subs.tance . of the obligation referred to in the first indent
   of the second subparagraph of Article 5 . (.1 .) of Regulation ( EEC )
 • No                .. . which obligation , shall not however , extend
                            .1 ' .       •                     »
   beyond the first marketing stage ;
- the criteria with which the common production and marketing
   rules- referred to in the second indent of the second
   subparagraph of Article 5 ( 1 ) of that Regulation must comply ;
- the minimum output of the product or group of products concerned
   of .which the producers.' organizations must produce evidence in
   order to comply with the oondition set out in paragraph 1 ( a).
                                 ... v -- Article 3
The procedure for . the granting and withdrawal of recognition shall
be fixed in- accordance witft the -procedure laid .down . in Article 32
of Regulation ( EEC ) No
 ---pagebreak---                                Article 4
Recognition of a producers organization shall be withdrawn if
the conditions set out in Article 2 are no longer fulfilled or
if recognition is based on false information ; if the organization
obtained or benefits from recognition by fraudulent means
recognition shall be withdrawn retroactively .
                               Article 5
Where a Member State grants or withdraws recognition of a
producers' organization , it shall so inform the Commission within
two months .
                               Article 6
At the beginning of each year the Commission shall publish in the
Official Journal of the European Communities a list of the producers
organizations recognized during the previous year and those from
which recognition has been withdrawn during the - same period , ,
                               Article 7
Council Regulation ( EEC ) No 170/71 of 26 January 1971 on the
recognition of producers' organizations in the fishing industry ,
                                           p
as amended by Regulation ( EEC ) ITo 490/72 , is hereby repealed .
All references to the Regulation repealed by paragraph. 1 shall be
treated as references to this Regulation .
1 OJ Ko L 23 , 29.1.1971 , p. 11 .
2 OJ Ho L 59 , 10.3.1972 , p. . 2 .
 ---pagebreak---                              Artide-, 8
This Reflation shall enter into force on              -■  •
This Regulation shall be -binding in its entirety and ; directly ,
applicable in all Member States . .                 •
Done at Brussels ,
                                        For the Council
                                                \
                                         The - President-
 ---pagebreak---              Proposal for consolidation of Coi-.ncil Rorulati on ( J- C ; ?To 17 ~ ','1
The commission proposes the Council that , 'as part of tlie consolidation of all acts
of the Council relating to fishery products , it should also proceed to adopt the
text of Council Regulation (E2C ) STo 171/71 of 26 January 197,1 on granting and
reimbursing aids granted "by Member States to producers' organisations in the
fishing industry ( l ).
This consolidation involves certain adaptations of a formal nature which are shown
below in a simplified form , and which should be interpreted into the text :
References                       Former text                                      New text
2nd visa                           article 22                                    article 24
article 6 , paragraph 2            article 29   -                             ■. article 3?
footnote                      1    OJ No L 236 , 27.lO.i97O , p. 5       see page of this
                                                                         Official Journal
                                                                                 article 9
                                                                         1.     Council Regulation
                                                                         (EEC ) lb 171/71 of
                                                                         26 January 1971 on
                                                                         granting and
                                                                        reimbursing aids granted
                                                                        by Member States to
                                                                         producers * organisations
                                                                         in the fishing
                                                                         industry, . ( l ),- is hereby
                                                                        repealed .
                                                                         2.     All references
                                                                         to th£ Regulation
                                                                        repealed by virtue
                                                                        'of paragraph - 1 shall
                                                                        be treated as                j
                                                                        references to this
                                                                        Regulation . :              *
                                                                                  Article 10
                                                                      • This Regulation shall
                                                                        enter into force on
3esides references to Regulations which by reason of their consolidation stand
repealed shall be replaced by a reference setting out their new number in accordance
with the following table :
Relevant provisions                                               Reference' to be replaced'
2nd visa                                                          214£/,*0 2o October 1970 ^
article 2        "                * '                             2142/70" ~ -                     ν
article  3, lst indent                                            214': /' / O
article  3, 2nd indent                                            2142 /70
article  6, paragraph 1                                           214< /?0
article 6,  ■bara^raph 2                                          2142/70
Û ) OJ IFo L 23 , 29.1.1971, P. 13
 ---pagebreak---           ' • fixing intervention prices , fo'r^ fresh or chilled
              sardines and anchovies for th& 1975 fishing year         .
                                                        /        -
  THE COUNCili OF THE EUROPEAN COMMUNITES ,- -                  ■,
  Having regard to the Treaty establishing the European Economic
  Community ;                           *'• • - - '                      ... J,
  Having regard to Council Regulation ( EEC ) No                   "'of
    !v :•                on . the common organization of the market in
  fishery products , and in particular Article 9 ( 4 ) thereof ;
' Having ffegard to the proposal from the Commission ;.
  Whereas Article 9 ( 1 ) of Regulation ( EEC ) No
  provides :, that intervention prices should be fixed for fresh or
  chilled sardines and anchovies at a level designed to endure
  the 'stability of market prices without leading to the formation
  of structural surpluses in the Community ;
  Whereas Article 9 ( 3 ) of the same Regulation provides that the
 .intervention prices should be fixed at a level between 35$ and
  45$ of the guide price depending on the production and marketing
  characteristics peculiar to each product ;
  Whereas- the guide prices for fishery products listed in Annex I ( A )
  and ( C ) to Regulation ( EEC ) ITo             have been fixed for the
  1975 fishing year by Regulation (EEC ) No             /75^;
  Whereas , given the present state'- of information" on the market
  situation for the products in question and the absence of any
     See page        of this Official Journal ,
  2 «:
     See page        of this Official Journal .
 ---pagebreak---                                       - 2 -
experience m relation to purchase' on the open market of these
products , the intervention prices should be fixed at a level
such as to ensure maximum support , of- the market .
HAD ADOPTED THIS REGULATION :
                                    Article 1
The intervention prices applicable until 31 December 1975 for
fresh or chilled sardines and anchovies and the products to
which the2r relate are hereby fixed as follows :
            Srcecies
                         P Commercial spécifications ( ' )       j Interventi on
                                                                -,     prie e
                         | Category     ;             Présen­    i ( in u.a ./
                         : of fresh-    I     Size    tation     ! metric ton)
1 , Sardines :
     ( a ) Atlantic         Extra               2    Whole fish         198
     ( b ) Mediterranean ; Extra                2  ' Whole fish •       112
2 , Anchovies               Extra       !       2  j Whole fish j       185
"T "* "                       • ■ •        1•
( ) The categories of freshness , size and presentation are those
       defined in application of Article 2 of Regulation ( EEC )
    ' ΛΟ
                                    Article 2
1.       Cotmoil Regulation ( EEC ) No 3144/743 of 9 December 1974 fixing
intervention prices for fresh or chilled sardines and anchovies
for the 1975 fishing year is hereby repealed .
2.       References to the Regulation repealed pursuant to paragraph f
are to be understood to apply to this Regulation.
   OJ No L 334 , 14.12.1974 , p. 6 .
 ---pagebreak--- 'JMs F:ogul?,1;ion shall enter into force on  '   ' '
This Regulation shall be binding in i'ts entirety and directly-
applicable in all Member States .
Done at Brussels ,
 ---pagebreak---             REGULATION ( EEC ) No             OP THE COUNCIL
                          of
         fixing the guide prices for the fishery products
         listed in Annex I ( A ) and . ( C ) to Regulation ..( EEC )
         No          for the 1975 fishing year
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic
Community ;
Having regard to Council Regulation ( EEC ) No                       of
                      on the common organization of the market in
fishery products , and in particular Article 9 ( 4 ) thereof ;
Having regard to the proposal from the Commission :
Whereas Article 9 ( 1 ) of Regulation ( EEC ) No
provides that a guide price shall be fixed for each of the
products listed in Annex I ( A ) and ( C ) to that Regulation at a
level v/hich will help to stabilize market prices without leading
to the formation of structural surpluses within the Community.;
Whereas the application of the above criteria defined in Article 9
of Regulation ( EEC ) No           involves an increase in prices by
comparison with those valid for the 1974- fishing year ; whereas
in the absence of certain information concerning price trends for
each fishery product with given commercial specifications
consideration should be given , in the case of most products , to
the relationship between the average weighted market prices recorded
when the guide prices were fixed for the previous fishing, year for
these products , and the average weighted market prices now current ,
 1 „             of this Officiai Journal
   See page
 ---pagebreak---  HAS ADOPTED THIS REGULATION :, ..                          '
                                 Article 1
 The guide prices applicable until 31 December 1975 for the
 products listed in. Annex I ( A ) and ( C ) to Regulation ( EEC )
 No            and the products to which they relate are hereby-
 fixed in the Annex hereto .
                                 Article 2
 1.   Council Regulation ( EEC ) No 3141/74 of 9 December 1974
 fixing the guide prices for the fishery products listed in
 Annex I ( A ) and ( C ) to Regulation ( EEC ) No 2142/70 for the 1975
 fishing year is hereby repealed .
 2*   References to the Regulation repealed pursuant to paragraph 1
^are to be understood to apply to this Regulation *
                                 Article 3
 This Regulation shall enter into force on
 This Regulation shall' be binding in its entirety and directly
 applicable in all Member States .
 Done at Brussels ,
                r'                        For the Council
                                           The President
 2 OJ No 1 334 , 14.12.1974 , p. 1
 ---pagebreak---                                           ANNEX '
                                                       1 ■           –
                                      Commercial spécifications ( )
           Species                                                           h prie g ( in
                            ! PreshB               Près en-                    j u.a. /metric
                              ness     ! Size    ; tation                       j ton )
  1 , Herrings                    A        1       Whole fish                         206
                           i
   2 . Sardines
        ( Clupus           \
       pilchardus
       V.'albaun )
        ( a ) Atlantic         Extra        2      Whole fish                          440
        ( b ) Mediterranean Extra           2      Whole fish                        , 249
   3 . Redfish ( Sebastes
       marinus )          ,       A         2      Whole fish-                         427'
                          t
   4 . Cod     .    . .   !
                          I
                                  Β         2      Gutted fish with head )
                          i      or                                        )           465
                                                                           )
                                            3      Gutted fish with, head )
 ■ 5 . S aitlie      -·           B         2      Gutted fish with head )
                                 or
                                  A         3
                                                    Gutted fish with head j            273
   6 . Haddock                    A         2      Whole fish              )
                                 or
                                                                           )           347
                                                                           )
                                  A         3       Gutted fish with head )               ,
   7 . Whiting                    A'        2      Gutted fish with head               380
   8 . Mackerel                Extra
                                or
                                            2
                                                   Whole fish              j           210
                                  A '       2      Whole fish in originali
                                                   boxes                   )
   9 . Anchovies               Extra        2      Whole fish                          411
10 . Plaice                       A         3 ..   Gutted fish with head "             435
11 . Shrimps of the                                                           I
        genus Crangon
        sp.p .   ..               A         1       Simply boiled in water :        , 897
    1
( ) The freshness categories , sizes and presentation are defined
        pursuant to Article 2 of Regulation ( EEC ) No
 ---pagebreak---          Proposal for consolidation of Council Regulation ("3'JJC ) I'o 17T 7 "
      Crnm?. ssion proposes the Council , -that, . as .part of. the . consolidation of jail, acts
 ox the Council relating to fishery products , it should also proceed to adopt the
text of Council Regulation (EEC ) Ho 173/71 of 26 January 1971 laying down general
 rules for determining the percentage of the glide price to "be used to calculate the
 withdrawal price for certain fishery products ( l ).
 This consolidation involves certain adaptations of a formal nature which, are shown
 Mou in a simplified form , and which should be interpreted into the text:'                  ■
 References                            Former text                                  New text -
 2nd visa , article 1               J    article 10                                 article 11
 footnote                     ( l ) OJ ilo L 236 . 27.10.1970 , p . 5          see .page of this
                                                                               Official Journal
 article 2                    the text of article 2 shall be
                                replaced by :                              1.    Council Regulation
                                                                           (EEC ) Ho 173/71 of 26
                                                                           January 1971 laying down
                                                                           general rules on
                                                                           determining the
                                                                           percentage of the 'guide
                                                                           price to be used to
                                                                           calculate the withdrawal
                                                                           price for certain fishery
                                                                           products ( l ), is hereby
                                                                           repealed-
                                                                           2 .- All references to trc
                                                                           Regulation repealed by
                                                                           virtue of paragraph 1
                                                                           shall be treated as
                                                                           references to this
                                                                           Regulation .
                                                                                    ■ Article 3
                                                                           this Regulation shall
                                                                           enter into force on
 Besides references to Regulations which by reason of their consolidation stand
 repealed shall be replaced by a reference setting out their new number in
 accordance irith the following table i                                                  '
 Relevant provisions                                                      Reference to be replaced
 2nd visa                                                                 2142/70 2o October 1970
 article 1                                                                2142/70
 (1 ) OJ Ho L 23 , 29.1.1971 , P. 17
 ---pagebreak---            Proposal for consolidation of Regulation (EEC ) Uo 135/ 73
 The Commission proposes the Council that , as part of the consolidation of all acts
 of the Council relating to fishery products , it should also proceed to adopt the
 text of Council Regulation (EEC ) No 135/73 , of 15 January 1973 laying down general
rules for determining , in the fishery sector , the landing areas situated at a
 considerable distance from the main centres of consumption in the Community .
 This consolidation involves certain adaptations of a formal nature which are
 shown below in a simplified form , and which should "be interpreted into the text :
References                         Former te::t                           Ne;; toxt
2nd visa , article 1                 article 10(4 )                       Article ll(4)
arti&e 2                      The text of article 2
                               shallLte          "by :
                                     be replaced "by             Council Regulation (EEC") No
                                                             135/73 of 15 January 1973 laying
                                                             down general rules for determining
                                                             in the fishery sector , the
                                                             landing areas situated at a
                                                             considerable distance from the
                                                             main centres of consumption in
                                                             the Community ( l ) is hereby
                                                         ■ . repealed .
                                                             2.   All references to the '
                                                             Regulations repealed by virtue
                                                             of paragraph 1 shall be treated
                                                             as references to this Regulation . ,
                                                                           Article 3
                                                             This Regulation shall enter into
                                                             force on )             ■    . '
Besides, references to Regulations which by reason of their consolidation stand
repealed shall be replaced by a reference setting out their new number in accordance
with the following table :                             ;                        ■    . .   "
Relevant provisions                                          Reference to be replaced
2nd visa                                                     2142/70    20 October 1970 as last
                                                             amended by the Act ( 2 ) annexed
                                                             to the Treaty concerning the
                                                             Accession of new Member States to
                                                             the European Community and "to the
                                                             European Atomic Energy Community ,
                                                             signed at Brussels on 22 January
                                                             1972 ,
lst considérant                                              2142/70
article 1
                                                             2142/70
( 1 ) OJ No L 18 , 23.1.1973 , p. i
                                                                                                  i.
 ---pagebreak---                   REGULATION ( EEC ) Ho           OF THE ' COUNCIL"
                                  of           "   •
          fixing the guide prices for the fishery products
         listed in Annex II to Regulation ( EEC ) No
         for ( the 1975 fishing year
 THE COUNCIL OF THE EUROPEAN CGrSfUNlTIES , "
 Having regard to the Treaty establishing the European Economic
 Community ;                                .    . .                        .
 Having regard . to Council Regulation ( EEC ) Ho                   of
                           on. the common organization of the market in
 fishery products , and in particular Article 14 ( 5 ) thereof ;
 Having regard to the proposal from the Commission ;
Y/hereas Article 14(1 ) of Regulation ( EEC ) ITo                   provides
 that a guide price . shall be fixed annually for each of the
 products or groups of products listed in Annex II to that
Regulation :
        f  . ... -•
Whereas the data currently available concerning the prices lead ,
 for the products concerned to an increase in the guide prices
by comparison with those valid during the 1974 fishing year,'
                                                         ,     :      f
HAS ADOPTED THIS REGULATION ;
                                      Article 1
•The guide prices applicable until 31 December 1975 for the
products listed in Annex II to Regulation ( 1T3C ) No
and the products to which they relate are herby fixed in the
Annex hereto .
 1 „
   See page             of this Officiai Journal .
 ---pagebreak---                                       - 2 -
 ,1 ... .. Council Regulation ( EEC ) No ,3142/74 of 9 . December 1974. .
 filing the guide prices for fishery products listed in Annex II
 to Regulation ( EEC ) No 2144/70 for the 1975 fishing year is
hereby repealed .
2 .. References to the Regulation repealed pursuant to paragraph 1
are to be understood to apply to this- Regulation .
                                   Article 3
This Regulation shall enter into force on
This Regulation shall be binding in its entirety and directly
applicable • in all Member States ,
Done at Brussels ,           -
                                                  For the Council         '
                                                   The President
                                                /
2 OJ No L 334 , 14.-12.1974, p. 3-
 ---pagebreak---                                          AI7ÏÏEX
         Groun of products              Conniercial specifications  Guide "orice
                                                                          ( in
 :                                                                  u < a . /ne tri c
   ■                                                                     ton )
     Sor - li ne s                PVozen , in lots or in original
                                  package s conteãning the sarao .
                                  products                             . 243
     Sea-brean of the soecies
     Dentex dentex anrl Pagellus  Frozen , in lots or in original
                                  packages containing the same
                                  products                                592
! Srniid ( Loligo sp>p ,,         Frozen , in lots or in original
     Canastro ihe s sagit tatus , ""xackagrs containing the same
! Todoroûes sagittatus ,          products                            1 249
     liiez coindetti )
     Cuttlefish of the specias    EVozen , . in lots or in original      724
     Sepia officinalis ,          packages containing the sane
     Rossia macrosona and         products
     Sepiola ronr'.eleti
     Octopus                      Frozen ; in lots or in original
                                  packages containing tho sane
                                  products                                524
 ---pagebreak---         Proposal      consolidation of Council Regulation ( EEC ) No 1?2 /71
The Commission proposes the Council that , as part of ihe consolidation of ali acts of
the Council relating to fishery products, it should also proceed to adopt the text
of Council Regulation (E3C ) No I72/7I of 26 January 1971 laying down general rules
for granting compensation to producers of tunny for the canning industry ( l ).
This consolidation involves certain adaptations of a formal nature which are shown
below in a simplified form , and which should he interpreted into the text :
References                        Former text                                  New text
2nd visa : 1st recital :            article 15                                 article 16
article 1 ; article 3
article 3 , undor b )               article 13                                 article 19
article 5                           article 29                                 article 32
footnote                      1   OJ Uo L 236 , 27 . 10.1970 , p. 5 see page 6 of this
                                                                       Officiai Journal
article 6                   the text of article 6 shall "be
                            replaced by :                              1.    Council Regulation
                                                                       (EEC) No 172/71 of
                                                                       26 January 1971 laying
                                                                     ■ down general rules for
                                                                       granting compensation
                                                                       to producers of tunny
                                                                       for the canning industry
                                                                       ( l ), is hereby repealed .
                                                               1
                                                                       2.    All references to
                                                                       the Regulation repealed
                                                                       by virtue of paragraph 1
                                                                       shall be treated as
                                                                       references to this
                          *                                            Regulation .
                                                                               Article 7
                                                                       This Regulation shall
                                                                       enter into force
Besides references to Regulation lfhich by reason of their consolidation stand
repealed shall be replaced by a reference setting out their new number in
accordance with the following table :
Relevant orovisions                                              Reference to be replaced
2nd visa                                                         2142/70    20 October 1970
lst récital                                                      2142/70
article 1                                                        2142/70
article 3                                                        2142/70
article 3 , under b )                                            2142/70
article 5                                                        2142/70
( 1 ) OJ ITo TJ "3 99.1.1971 , > 15
 ---pagebreak---              REGULATION ( EEC ) No               OP THE COUNCIL
                                Of                           '             .
           fixing the Community producer price for tunny in­
           tended for the canning industry for the 1975
           fishing year
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having ragard to the Treaty establishing the European Economic
Community :
                             •                          >          .
                             ■v      i •  / nn« \ *«r .                  1
Having regard to Council Regulation ( EEC ) No                   >           of :
       '            on the common organization of the market in
fishery products , and in particular Article 16 ( 5 ) thereof :
                                   ^               /
Having regard to the proposal from the Commission ;                  :            •
Whereas Article 16 ( 4 ) of Regulation ( EEC ) No
provides that a Community producer price shall be fixed for the
tunny intended for the " canning industry ;
Whereas the average of prices recorded for the past three •
fishing years according to the detailed rules laid down in <
Article 15 ( 4 ) of Regulation ( EEC ) No                 has increased ;
whereas therefore a new price for the 1975 fishing year should
be fixed ,                '                                    ;       1        .
HAD ADOPTED THIS REGULATION :
                                  Article 1
The Community producer price applicable until 31 December 1975
for tunny intended for the canning industry and the product to
which it relates are hereby fixed as follows :
T–■––
  See page        01 this Officiai Journal ,
 ---pagebreak---                                   : - 2 -
                                                               'A .
        Product                Commercial ·,                 Community
                              specifications                producer price
                                                    ( in u , á ../me trie ton )
                                                          -
Yellow-finne d tunny        Y/hole , not weighing            . '•'.657
                            more than 10 kg
   • ,       •                   Article 2     ,
1.     Council Regulation ( EEC ) No 3143/74 of 9 December 1974
fixing the Community producer price for tunny intended for the
canning industry for the . 1975 fishing year is hereby repealed .
2.     References to the Regulation repealed pursuant to paragraph 1
are to be understood to apply .to this Regulation .                      , ,
                                 Article 3
This Regulation shall enter into force on ,, .
This Regulation shall be binding in its entirety and directly
applicable , in , all Member States ,                   .                 . :
Done at Brussels ,                                                     .     .
                                             For the Council
                                              The President
5 OJ Ko L 334 , 14.12.1974, p. 5 .
 ---pagebreak---                REGULATION ( EEC ) No       OP THE COUNCIL
                              •  of
          laying down, general rules for granting export refunds
          on fishery, products and criteria for fixing the
          amount of such refunds
  THE COUNCIL OP THE EUROPEAN COMMUNITIES , ' ' "             '    '
  Having regard to the Treaty establishing the European Economic
  Community :.
                 .          ......              „           1
  Having regard to Council Regulation ( EEC ) No              of
                      on the common organization of the market in
  fishery products , and in particular Article 23 ( 3 ) thereof ;
. Having, regard to . the proposal from the Commission ;
  Whereas Article 23 ( 1 ) of Regulation ( EEC ) No
  allows an export refund to be fixed , to the extent necessary
  to enable economically important exports of the products' listed
  in Article 1 ( 2 ) of that Regulation to be effected ;
  Whereas export refunds on products subject to the common
  organization of the market in fishery products must be fixed
  in accordance with certain criteria which would make it
  possible to cover the difference between prices " for those
  products within the Community and those ruling in international
  trade , while respecting the general aims of the common
  organization ; whereas to this end the supply situation and
  prices for those products within the Community and prices
 rdling in international trade must be taken into account ;
 whereas provision should be made for the possibility of any
 coefficients that may be fixed being taken into account when
 the amount of the refund on fishery products is being calculated ;
    See page        of this Official Journal .                    , '" '
 ---pagebreak---                                    - 2 -
Whereas if price .trends 'are to be noted prices must .be determined
in accordance with general principles ; whereas to this end prices
on third country markets and in countries of destination ,
producer prices recorded in third countries 'and' free-at-Community-
frontier prices should be taken into account when prices on the
world market are being determined ; whereas prices ruling on the
representative markets of the Community and prices ruling on
exportation should be used as a basis in determinging Community
prices ;                                                     •'
Whereas provision must be made for varying the amount of the
refund according to the destination of the products , in view of '
the special conditions which apply to imports in certain countries
of destination ;              .
Whereas fish caught by Community producers is of Community origin
even if it is landed in ports situated outside the customs
territory of the Community ; whereas , however , ■ to make verification
possible , refunds should be granted only in respect of fish
landed in ports situated within the customs territory of the-
Community , as defined by Regulation ( SEC ) No 1496/68 , as amended
by the Act of Accession ;                          '
Whereas to ensure Community exporters some stability in the
amount of the refund and certainty With regard to the list of'
products eligible for a refund , it should be possible for the
list and the amounts to remain valid for a relatively long
period , which would be determined in accordance with normal
trade practice ;
Whereas to avoid distortions of competition between Community            >
traders , the administrative conditions under which they operate
must be identical throughout the Community ; whereas the^e is' no
justification for granting a refund where the products in
question are imported from third countries and re-exported to'
third countries ;
                                                         _ '       ' '' * ..-
  OJ ITo L 73 , 27.3.1972 , p.' 14 .
 ---pagebreak---   HAD ADOPTED THIS REGULATION :
                                    Article 1
  This Regulation lays down general rules for fixing and granting
   export refunds on the products listed in Article 1 ( 2 ) of
  Regulation ( EEC ) No
                                    Article 2
  The following shall "be taken into account when refunds are being
  fixed :
 (a)       the' existing situation and the future trend with regard to":
           - prices and availabilities of fishery products on the .
              Conmunity market ;
           - prices for fishery products on the world market ;
: ( b ) the aims of the common organization of the market in fishery
           products , which are to ensure equilibrium and the natural-
           development of prices and trade on this market ;
   ( b ) the minimum marketing and transport costs from Community '
           markets to ports or other points of export in the Community ,
  : - as well as costs incurred in placing the goods . on the markets
        ■ 'of 'the countries of destination and    . :         ^
   ( d ) the economic significance of the proposed exports .
                    ..... .         Ar 'G. içle 3
 •1.        V/hen prices on the Community market are being determined ,
  account shall be taken of the ruling prices which are most
   favourable from the exportation uoint of view .
 ---pagebreak---                                    ·■ τ 4 ΓΤ .
                                           y
 2.       The following shall be taken into account, when prices on
 the world market are being determined ;
 ( a ) prices ruling on the markets of the main importing third
      .- countries ; ....... _                      ......
 ( b ) producer prices recorded in the main exporting third
         countries ; and
 ( c ) free,-at-Community- frontier prices .
                                  Article 4
-Where the world market situation or the specific requirements
 of certain markets make this necessary , the refund may be varied
 according to the destination of the products in question .
                                - Articel 5-
 The list of products on which an export refund is granted and the
 amount of such refund shall be fixed at least once every three
 months .                                                      ■
                                  Article 6                '    -   ■' ;
 No refund shall be granted on products of Community origin which
 are lauded , direct from the fishing grounds , . in ports situated
 outside the customs territory of the Commission .       .
 1.       The refund shall be paid upon proof ;
 - that the products have been exported from the Community , and
 - that the products are of Community origin .
 ---pagebreak---                                   - 5 -
2.     Where Article 4 applies , the refund shall be paid under
the conditions laid down in paragraph 1 of this Article , provided
it is proved that the product has reached the destination for
v/liich the refund was fixed *
Exceptions may be made to this rule in accordance with the
procedure referred to in paragraph 3 of this Article , provided that
conditions are laid down which offer equivalent guarantees .
3.     Additional provisions may be adopted in accordance with the
procedure laid down in Article 32 of Regulation ( EEC ) No
                               Article 8
1.     Council Regulation ( EEC ) ITo 165/71 of 26 January 1971 laying
down general rules for granting export refunds on fishery
products and criteria for firing the amount of such refunds is
hereby repealed .
2.     All references to the Emulation repealed by paragraph A       1
 shall be treated as reference *:.                   >
                               Article 9
This Regulation shall enter into force on
This Regulation shall be binding in its entirety and directly
applicable in all Member States .
                                          »
Done at Brussels ,
                                          Tor the Council
                                            The President
^OJ No L 23 , 29.1.1971 , p. 1,.