CELEX: 31971R1082
Language: en
Date: 1971-05-25 00:00:00
Title: Regulation (EEC) No 1082/71 of the Council of 25 May 1971 amending Regulations (EEC) No 2455/70 and (EEC) No 166/71 laying down common marketing standards for fishery products

290                                Official Journal of the European Communities
 No L 116/ 10                        Official Journal of the European Communities                               28.5.71
                                  REGULATION (EEC) No 1082/71 OF THE COUNCIL
                                                    of 25 May 1971
               amending Regulations (EEC) No 2455/70 and (EEC) No 166/71 laying down common
                                       marketing standards for fishery products
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                       Whereas Regulation (EEC) No 166/71 lays down
                                                                special provisions in respect of Size Category 2
 Having regard to the Treaty establishing the                   shrimps on the basis of which they may be allowed
 European Economic Community ;                                  to be used for human consumption depending on the
                                                                supply situation in Community areas ; whereas the
                                                                obligation to grade them should, in these conditions,
 Having regard to Council Regulation (EEC) No                   continue in force only if such provisions have been
 2142/701    of 20   October 1970 on the common
                                                                applied;
 organisation of the market in fishery products, and in
 particular Article 2 (3 ) thereof;
                                                                HAS ADOPTED THIS REGULATION :
 Having regard to the proposal from the Commission ;
                                                                                        Article 1
Whereas the Council has laid down in Regulations
 (EEC) No 2455/702 and (EEC) No 166/713 common                 The following text shall be substituted for the text of
 marketing standards, respectively, for certain fresh or        Article 2 of Regulation (EEC) No 2455 /70 :
 chilled fish and for shrimps of the genus Crangon
 sp. p; whereas the system introduced by these                      'Article 2
 Regulations makes it compulsory to grade not only
products which, in pursuance of national health                     1.    The fish referred to in Article 3 which form
regulations, are judged fit for human consumption,                  part of Community catches may be marketed for
 but - also those which are judged unfit for such
                                                                    human consumption within the Community only
consumption and products which cannot be                            if they comply with the provisions of this
marketed for human consumption, in pursuance of                     Regulation.
 the above-mentioned Regulations ;
                                                                    2. The provisions of this Regulation shall not,
Whereas it is uncertain with regard to the last two                 however, apply to . small quantities of fish
groups of products whether the obligation incumbent                 disposed of by inshore fishermen direct to
on members of the trade corresponds to the purposes                 retailers or to consumers .
of the Regulations in question ; whereas,
consequently, it should be terminated ;
                                                                   3 . Detailed rules for the application of
                                                                   paragraph 2 shall be adopted in accordance with
Whereas this would have the added advantage that a                  the procedure laid down in Article 29 of
 clearer and more rapid distinction could be made                   Regulation (EEC) No 2142/70.'
between products which are judged fit for human
consumption, and are therefore subject to grading,
and other products ; whereas this will facilitate                                       Article 2
marketing at the stage where standards are applied
and checking to see that these standards are                   1 . The following text shall be substituted for the
observed;                                                      text of the first subparagraph of Article 6 ( 1 ) of
                                                               Regulation (EEC) No 2455/70 ;
1 OJ No L 236, 27.10.1970, p. 5.                                   '1.     On the basis of the provisions of Article 5,
2 OJ No L 264, 5.12.1970, p . 1 .                                  fish shall be graded by lot in Freshness Category
3 OJ No L 23, 29.1.1971, p. 3 .                                    Extra, A or B.'
 ---pagebreak---                                       Official Journal of the European Communities                                       291
2. The last subparagraph and the title of Article                                             Article 5
6 ( 1 ) of Regulation (EEC) No 2455/70 shall be
deleted.                                                           1 . The following text shall be substituted for the
                                                                   text of the first subparagraph of Article 5 ( 1 ) of
                          Article 3                                Regulation (EEC) No 166/71 ;
                                                                         ' 1 . The shrimps referred to in Article 1 shall be
1 . The following text shall be substituted for the                       graded by lot in Freshness Category A or B. '
first subparagraph of Article 11 ( 1 ) of Regulation
(EEC) No 2455/70 :
                                                                   2. The last subparagraph and the title of Article
     '1.    The fish xeferred to in Article 3 imported             5 ( 1 ) of Regulation (EEC) No 166/71 shall be
     from third countries may be put on the market                 deleted.
     for human consumption within the Community
     only if:'                                                                                Article 6
2. The following text shall be substituted for the                 The following subparagraph shall be added to Article
text of Article 11 (2) of Regulation (EEC) No                       7 ( 1 ) of Regulation (EEC) No 166/71 :
2455/70 :
                                                                         'Grading in Size Category 2 is obligatory only in
     '2. However, fish landed in a Community port                         respect of products for which an exception is
     direct from fishing grounds from vessels flying the                  made in accordance with Article 3 (4).'
     flag of a third country and intended for
     marketing for human consumption shall be
     subject, when put on the market, to the same                                             Article 7
     provisions as those applicable to Community
     catches.'
                                                                   1 . The following text shall be substituted for the
                          Article 4                                first subparagraph of Article 10 (1 ) of Regulation
                                                                    (EEC) No 166/71 :
1.      The following text shall be substituted for the                  ' 1 . The shrimps referred to in Article 1
text of Article 3 ( 1 ), (2) and (3 ) of Regulation (EEC)                imported from third countries may be put on the
No 166/71 :                                                              market for human consumption in the
                                                                          Community only if:'
     ' 1 . Shrimps referred to in Article 1 which form
     part of Community production may be marketed
     for human consumption within the Community                    2. The following text shall be substituted for the
     only if they comply with the provisions of this               text of Article 10 (2) of Regulation (EEC) No
                                                                    166/71 :
     Regulation.
                                                                         '2. However, shrimps landed in a Community
     2.    The shrimps referred to in Article 1 which           vf       port direct from fishing grounds from vessels
      are graded in Size Category 2 referred to in                        flying the flag of a third country and intended for
     Article 7 ( 1 ) may not be marketed for human                        marketing for human consumption shall be
   . consumption .
                                                                          subject, when put on the market, to the same
     3.    The provisions of this Regulation shall not,                   provisions as those applicable to Community
                                                                          catches .'
     however, apply to small quantities of shrimps
     disposed of by inshore fishermen direct to
     retailers or to consumers .'                                                             Article 8
 2. In Article 3 (4) of Regulation (EEC) No 166/71                  This Regulation shall enter into force on the third
 the words 'in respect of shrimps graded in Size                    day following its publication in the Official Journal
 Category 2, referred to in Article 7 (1 )' shall be deleted.       of the European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 25 May 1971 .
                                                                                             For the Council
                                                                                              The President
                                                                                              M. COINTAT