CELEX: 51989PC0211
Language: en
Date: 1989-04-27
Title: Proposal for a COUNCIL REGULATION (EEC) laying down common marketing standards for preserved sardines (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (89) 211
Vol. 1989/0074
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
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la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
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der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
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 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                         COM(89 ) 211 final
                                         Brussels , 27 April 1989
                              Proposal for a
                         COUNCIL REGULATION ( EEC )
     laying down common marketing standards for preserved sardines
                     ( presented by the Commission )
!
 ---pagebreak---                                   KXPIiANATORY MEMORANDUM
 In August 1987 the Commission presented the Council with a report on the
 situation and outlook as regards the market for sardines in the Community
 ( doc . COM ( 87 ) 219 final of 7 August 1987 ). The report highlighted a number of
 problems specific to the sardine sector and emphasized the importance of the
 canning industry as an outlet for fishermen 's produce and the role of that
 industry within the Community sardine market .
After the Council had studied the report the Commission undertook , in a
 statement to the Council , to propose appropriate measures , as part of a
 comprehensive and consistent approach to the problems facing the sardine
 sector , both in respect of the market organization and in the context of the
existing structural policy .
Within this overall framework , preserved sardines received special attention .
The Member States and the Commission felt that there was a need to make this
branch of production more profitable by improving product quality and
harmonizing the existing marketing standards .        The Commission undertook to
present the Council with a proposal along these lines before 30 April 1989 .
The result is this draft Regulation which lays down , on the basis of Article 2
of Council Regulation ( EEC ) No 3796 /81 on the common organization of the
market in fishery products , which is itself based on Articles 42 and 43 of the
Treaty , common marketing standards for preserved sardines marketed in the
Community for human consumption .       Generally speaking , these standards , which
apply only to the finished product , do not affect the rules which already
apply or which are being prepared concerning the various ingredients used as
raw materials in the manufacture of the finished product , the public health
aspects or the provision of information to consumers by means of labelling .
Their main purpose is to promote the production of high-quality products while
forming no barrier to the introduction of new products which could appear on
the market as the result of advances in technology or in response to consumer
demand .
 ---pagebreak---                                         2
With a view to ensuring market transparency in the interests both of Community
sardine producers and of consumers , the draft standards provide that products
made from fish other than sardines ( Sardina pilchardus Walbaum ) and products
whose fish content is not above a certain level may not be marketed in the
Community as preserved sardines .
The non-exhaustive list of fish preparations and covering media makes it
possible , with a view to providing the consumer with more information , to
modify the trade description of the finished product by reference to the type
of culinary preparation proposed , taking account in particular of the fish
content of the finished product .
In addition , technical criteria are laid down to prevent unsatisfactory
products from being placed on sale in the Community .
 ---pagebreak---                               Proposal for a
                         COUNCIL REGULATION ( EEC )
     laying down common marketing standards for preserved sardines
THE O0ONCIL OF THE EÜROPEAN CDMMUNITEES ,
Having regard, to the Treaty establishing the European Economic Community ,
Having regard to Council Regulation (EEC) No 3796/81 of 29 December 1981 on
the common organization of the market in fishery products1 , as last
amended by Regulation (EEC) No 34S8/882 , and in particular Article 2(3 )
thereof ,
Having regard to the proposal from the Commission ,
Whereas Regulation (EEC) No 3796/81 provides for the possibility of
adopting common marketing standards for fishery products in the
Community , particularly in order to keep products of unsatisfactory quality
off the market and to facilitate trade relations based on fair competition ;
Whereas the adoption of such standards for preserved sardines is likely to
improve the profitability of sardine production in the Community , and the
market outlets therefor, and. to facilitate the marketing of the products ;
Whereas it must be specified in this context , particularly in order to
ensure market transparency , that the products concerned must be prepared
exclusively with fish of the species Sardina pilchardus Walbaum and must
contain a minimum quantity of fish ;
1    OJ No L 379 , 31.12.1981 , p. 1 .
2    OJ No L 305 , 10.11.1988 , p. 1 .
 ---pagebreak---                                              - 2 -
Whereas , in order to ensure good market presentation , the criteria for the
 preparation of the fish prior to packaging , the presentations in which it
may be marketed and the covering media and additional ingredients which may
be used should be laid down ; whereas these criteria must not be such as to
preclude the introduction of new products onto the market;
Whereas , to prevent the marketing of unsatisfactory products , certain
 criteria which preserved sardines must satisfy in order to be marketed in
 the Community for human consumption should be defined ;
Whereas Council Directive 79/ 112/ EEC of 18 December 1978 on the
approximation of the laws of the Member States relating to the labelling ,
presentation and advertising of foodstuffs for sale to the ultimate
consumer1 and Council Directive 76/211 /EEC of 20 January 1976 on the
approximation of the laws of the Member States relating to the making-up by
weight or by volume of certain pre-packaged products2 specify the
particulars required for correct information and protection of the consumer
as regards the contents of packages ; whereas , for preserved sardines , the
trade description should be determined according to the culinary
preparation proposed , having particular regard to the ratio between the
various ingredients in the finished product ; whereas , where the covering
medium is oil , the way in which the oil must be described should be
specified ;
Whereas the conformity of manufacturing batches with the requirements
of this Regulation should be assessed on the basis of the sampling plan provided for in
Directive 76/ 211 / EEC ;
Whereas the Commission should have responsibility for the adoption of any
technical implementing measures ,
HAS ADOPTED THIS REGULATION :
1     CJ No L 33 , 8.2.1979 , p. 1 .
2     CJ No L 46 , 21.2.1976 , p. 1 .
 ---pagebreak--- This Regulation defines the standards governing the                ng of preserved
ga -nri -lTvag  in the Community .
                                       ARTICLE 2
Only products meeting the following requirements may be marketed as
preserved sardines and described in accordance with Article 7 :
          they must be covered by codes ex 1604 13 10 and ex 1604 20 50 of the
          combined nomenclature ;
          they must be prepared exclusively from fish of the species Sardina
          pilchardus Walbaum ;
          they must be pre-packaged with an appropriate covering medium in a
          hermeticall y sealed container ;
          they must be sterilized by appropriate treatment ;
          the weight of fish in the container after sterilization must exceed
          30% of the net weight .
                                       ARTICLE-5
The sardines must , to the extent required for good
 market presentation , be appropriately trimmed of the
head , gills , caudal fin and internal organs other than the ova , milt and
kidneys , and , according to the market presentation concerned , backbone and
skin .
                                       ARTICLE 4
Preserved sa-rdi-n^ may be marketed in any of the following presentations :
 ---pagebreak---                                         - 4 -
1.   SARDINES : the basic product , without the head , gills , scales , internal
     organs and caudal fin . The head must be removed by making a cut
     perpendicular to the backbone , close to the gills .
2.   SARDINES VUTPJT BONES : as the basic product , but with the additional
     removal of backbone .
3.   SARDINES WTTHTJT SKIN OR BONES : as the basic product , but with the
     additional removal of the backbone and skin .
4.   SARDINE FTT.T.Errs : portions of flesh obtained by cuts parallel to the
     backbone , along the entire length of the fish , or a part thereof ,
     after removal of the backbone , fins and edge of the stomach lining .
     Fillets nay be presented with or without skin .
5.   SARDINE TRUNKS : sardine portions adjacent to the head , measuring at
     least 3 cm in length , obtained from the basic product by making
     transverse cuts across the backbone .
6.   Any other form of presentation , on condition that it is clearly
     distinguished from the other presentations defined in this Article .
                                  Article 5
For the purposes of the trade descriptions laid down in Article 7 , a
distinction is made between the following covering media , or a mixture
thereof , with or without the addition of other ingredients :
                                                                               ?
 ---pagebreak---                                    - 5 -
1. olive oil ;
2. refined vegetable oils , vised singly or In mixtures ;
3. tamato sauce ;
4. natural juice (liquid exuding from the fish, during cooking) , saline
   solution or water ;
5. marinade , with or without wine ;
6. any other covering medium , on condition that it is clearly distinguished
    from the other covering media defined in this Article .
 ---pagebreak---                                   - 6 -
1. After sterilization , the products in the container must satisfy the
   following minimum criteria :
   (a)   as regards the fish :
          (i)  in al 1 cases the fish must present the appearance and
               colour characteristic of the species Saxdina pilchardus
               Walbaum and of the type of culinary preparation indicated
               in the trade description ;
          (ii) for the presentations defined in points 1 to 5 of
               Article 4 , the sardines or parts of sardine must :
                      he reasonably uniform in size and arranged in an
                      orderly manner in the container ;
                      be readily separable from each other ;
                      present no significant breaks in the abdominal wall ;
                      present no breaks or tears in the flesh ;
                      present no yellowing of tissues , with the exception
                      of slight traces ;
                      comprise flesh of normal consistency . The flesh must
                      not be excessively fibrous or soft or spongy ;
                      comprise flesh of a light or pinkish colour , with no
                      reddening round the backbone , with the exception of
                      slight traces ;
                                                                         9
 ---pagebreak---                                        - 7 -
     (b)     the covering medium must have the colour and consistency
             Characteristic of its description and the ingredients used . In
             the case of an oil medium , the oil may not present a dark or
             deep colour (except in the case of smoked products) or contain
             aqueous exudate in excess of 8% of net weight ;
     (c)     the product must present the odour and flavour characteristic of
             the species Sardinia pilchardus Walbaum and the type of covering
             medium , and must be free of any abnormal odour , sharp or
             disagreeable taste , in particular bitterness , or taste of
             oxidation or rancidity ;
     (d)     the product must be free of any foreign bodies ;
     (e)     in the case of products with bones , the backbone must be readily
             friable and separable with the thumb and forefinger ;
     (f )    products without        and without bones must present no
             significant residues thereof .
2.   Th<=» container may not present external oxidation or deformation
     affecting good presentation .
                                     ARTICLE Z
Without prejudice to Directives 79/112/EEC and 76/211/EEC , the trade description
on the pre-packaging of preserved sardines, must correspond to the ratio
between the weight of fish in the container after sterilization and the
net weight , expressed in grammes .
      (a)    Where the ratio is not less than the following values ,
             (i)   for the presentation defined in point 1 of Article 4 :
                          65% , irrespective of the covering medium ,
                                                                              -10
 ---pagebreak---                                    - 8 -
     (ii)    for the presentations defined in points 2 to 5 of
             Article 4 :
                      60% , for the covering media listed in points 1 to 5
                      of Article 5 ,
                      50% , where the covering medium is a sauce other than
                      tomato sauce , with or without accompanying
                      vegetables as constituents of the sauce ,
       the trade description must correspond to the
       presentation of the fish , on the basis of the corresponding
       designation given in Article 4 . The designation of the covering
       medium must form an integral part of the trade description .
       In the case of products in oil , the covering medium must be
       designated by one of the following expressions :
              " in olive oil ", if olive oil is used ,
              " in vegetable oil ", if other refined vegetable oils or
             mixtures thereof are used , or
             " in . . . oil ", indicating the specific origin of the oil .
(b)    In the case of culinary preparations other than those defined in
       (a), where the ratio is lower than the values specified therein ,
       the trade description must indicate the specific nature of the
       culinary preparation .
(c )   The trade description , as defined in this Article , must be reserved for
       the products referred to in Article 2 .
                                                                           "74
 ---pagebreak---                                              ΑΚΓΚΧΕ 3
Inspection by the Member States , as referred to In Article 4 of
Regulation (EEC) No 3796/81 , shall be extended , for the products covered by
tliis Regulation , to the manufacturing stage .
 The conformity of manufacturing batches shall be assessed on the basis of the sampling
 plan provided for in Directive 76/ 211 / EEC .
                                            ARTICLE g
Where necessary , the Commission shall adopt , in accordance with the
procedure laid down in Article 33 of Regulation (EEC) No 3796/81 , the
measures necessary to apply this Regulation .
                                            ARTICLE to
This Regulation shall enter into force on the third day after its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
Done at Brussels                                                           for the Council
 ---pagebreak---                           Impact on SME and employment
The proposed marketing standards aim to defend and improve the image of
preservations of sardines to the consumer in order to promote their
consumption .
This support promotes the producer companies of this product , which in some
area of the Community , are mainly SME , and indirectly employment . It is ,
however , impossible to calculate its exact impact on employment .
All national associations of producers that have been contacted during the
preparation of this draft have given a positive opinion of the introduction
cf such standards .