CELEX: 31970R2455
Language: en
Date: 1970-11-30 00:00:00
Title: Regulation (EEC) No 2455/70 of the Council of 30 November 1970 determining common marketing standards for certain fresh or chilled fish

820                                    Official Journal of the European Communities
5.12.70                               Official Journal of the European Communities                            No L 264/ 1
                                  REGULATION (EEC) No 2455/70 OF THE COUNCIL
                                                    of 30 November 1970
                       determining common marketing standards for certain fresh or chilled fish
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          Whereas the standards must apply to all fish,
                                                                  including imported fish, marketed on the territory of
Having regard to          the Treaty establishing the             the Member States of the Community ; whereas it
European Economic Community;                                      seems necessary, however, to exclude certain direct
                                                                  sales of small quantities to retailers or consumers
Having regard to Council Regulation (EEC) No                      from their field of application ; whereas grading
2142/70 1   of 20     October     1970  on the     common         should also be dispensed with for fish which are
organisation of the market in fishery products, and in            proved not to be intended for human consumption ;
particular Article 2 (3 ) thereof;
                                                                  Whereas the ten species covered by this Regulation
Having regard to the proposal from the Commission ;               represent about 60% of Community production of
                                                                  fresh fish and 80% of imports from third countries ;
                                                                  whereas priority should therefore be given to the
Whereas Regulation No 2142/70/EEC provides for                    adoption of standards for these species;
the possibility of determining common marketing
standards ; whereas the application of such standards             Whereas freshness is a decisive factor in assessing the
should help to improve the quality of fish marketed               quality of fish; whereas grading by size is also
 and thus facilitate their sale ;                                 essential because of the diversity of consumers'
                                                                  buying habits and the processing methods normally
"Whereas, one way of improving quality is to prevent              used in the Community ;
fish which is not of a given degree of freshness being
 marketed for human consumption ;                                 Whereas the varying degrees of freshness and
                                                                  differences in size must be adequately indicated;
Whereas, in almost all Member States engaged in sea               whereas it. is advisable therefore to provide a limited,
fishing, fish which have been judged fit for human                yet sufficient number of freshness and size categories ;
 consumption . under national regulations are offered
for sale after grading for size, weight, presentation             Whereas there is at present no objective method of
 and other criteria; whereas fish are also graded                 assessing the freshness of fish both rapidly and
 according to degree of freshness ;                               cheaply; whereas only organoleptic examination,
                                                                  which is, moreover, in use in Member States, meets
Whereas the . adoption of standards for certain                   this requirement and constitutes an acceptable
products has assumed particular importance in view                method;
 of the measures on the determination and formation
 of prices provided for in Regulation (EEC) No                    Whereas, in view of normal practice in most Member
2142/70 ; whereas the grading hitherto carried out at             States, it is advisable that the industry should grade
 national level should therefore be standardised ;                fish for freshness and size ; whereas, with a view in
                                                                  particular to assessing freshness by organoleptic
Whereas fish have hitherto been graded only before                criteria, provision should be made for the
 being sold for the first time since a large proportion           collaboration of experts appointed for this purpose
 of these fish are immediately filleted or otherwise              by the trade organisations concerned ;
 processed; whereas application of common standards
 should therefore be limited to the first marketing               Whereas, in order to keep each other informed, each
 stage in the Community;                                          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
 1 OJ No L 236, 27.10.1970, p. 5.                                 concerned ;
 ---pagebreak---                                           Official Journal of the European Communities                                     821
 Whereas it is essential that fish imported from third               heading No ex 03.01 B I of the Common Customs
 countries should conform to Community standards ;                   Tariff with the exception of fish which is live, frozen
                                                                     or in pieces.
 Whereas the application of Community standards to
 these fish means that additional information must be                     Cod                (Gadus morrhua)
 given on packages ; whereas, however, this
 information is not necessary in the case of fish landed
                                                                           Coalfish          (Pollachius virens)
 in the Community from vessels under the same                             Haddock            (Melanogrammus aeglefinus)
 conditions as Community catches ;
                                                                          Whiting            (Merlangius merlangus)
 HAS ADOPTED THIS REGULATION :
                                                                          Plaice             (Pleuronectes platessa)
                                                                          Redfish            (Sebastes marinus )
                             Article 1
                                                                          Mackerel           (Scomber scombrus)
 For the purposes of this Regulation :                                    Herring            ( Clupea harengus)
  ( a) 'marketing' means the first offering for sale and                   Sardines          ( Clupea pilchardus Walbaum)
        the first sale after arrival in the Community ;
                                                                          Anchovies          (Engraulis encrasicholus).
  (b) .' lot' means a quantity of fish of the same , species,
        which has been subjected to the same treatment
        and which may have come from the same fishing
        ground and the same boat;                                                            Article 4
, (c) 'fishing ground' means the description usually
        given by the fishing industry to the place in                The marketing standards referred to in Article 3 shall
        which the catches have been made;                            comprise :
  (d) 'presentation' means the form in which the fish is             ( a) freshness categories and
        marketed, such as whole, gutted, headless, etc.
                                                                     (b) size categories.
                             Article 2
  1.      The fish referred to in Article 3 which form part                                  Article 5
  of Community catches may be marketed within the
  Community only if they comply with the provisions                  The freshness category of each lot shall be determined
  of this Regulation.                                                on the basis of the freshness rating of the fish and a
                                                                     number of additional requirements.
  2.      The fish referred to in Article 3 which are
  graded in Freshness Category C referred to in Article              The freshness rating shall be defined with the help of
  6 may not be marketed for human consumption.                       the scale set out in Annex A to this Regulation,
                                                                     which covers the following aspects :
  3.      The provisions of this Regulation shall not,
  however, apply to :                                                ( a) appearance
  ( a) small quantities of fish disposed of by inshore               ( b ) condition
        fishermen direct to retailers or consumers ;                 (c) smell
   ( b) fish which the rightful owner can prove not to be
        for human consumption.                                       Each part examined shall be awarded marks
                                                                     corresponding to the freshness criteria indicated in
  4.      Detailed rules for the application of paragraphs           the scale. The arithmetic mean of the marks awarded
  2 and 3 shall be adopted in accordance with the                    shall indicate the freshness rating.
  procedure laid down in Article 29 of Regulation
   (EEC) No 2142/70 .
                                                                                              Article 6
                             Article 3
                                                                      1.     On the basis of the provisions of Article 5 , fish
  Marketing standards are hereby laid down for the                   shall be classified by lot in Freshness Category
  following species of saltwater fish falling within                 'Extra', A, B or C.
 ---pagebreak---  822­                                Official Journal of the European Communities
 Freshness Category 'Extra'                                      2.    Lots shall be placed in size categories in accord­
                                                                 ance with the scale set out in Annex B to this
 The freshness ratihg of the fish in this category shall         Regulation.
 be 2.7 and over. The fish must be free from pressure
 marks, injuries, blemishes and bad discoloration.
                                                                 3.    Each lot must contain fish of the same size. A
                                                                 small lot need iiot, however, be of uniform size ; if it
 Freshness Category A                                            is not, the lot must be placed in the lowest size
 The freshness rating of fish in this category shall be 2        category represented therein.
 and over but less than 2.7. A very small proportion
 of fish with slight pressure marks and superficial              4. The size category and presentation must be
 injuries shall be tolerated. The fish must be free from         clearly and indelibly marked in characters which are
 blemishes and bad discoloration .                               at least 5 cm high on labels affixed to the lots.
 Freshness Category B
 The freshness rating of fish in this category shall be 1                                Article 9
 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        The industry shall grade fish for freshness and size
 blemishes and bad discoloration .                              in collaboration with experts appointed for that pur­
                                                                pose by the trade organisations concerned.
 Freshness Category C
 Fish not satisfying the requirements of freshness cate­
 gories 'Extra', A and B shall be placed in this cate­                                  Article 10
gory.
2. When the products are being classified by fresh­             Not later than one month before this Regulation be­
ness category the presence of parasites shall also be           gins to apply, each Member State shall supply the
 taken into consideration, allowance being made for             other Member States and the Commission with a list
the type of product, the fishing ground in which it             of the names and addresses of the experts and trade
was caught and its presentation.                                organisations referred to in Article 9. The other
                                                                Member States and the Commission shall be in­
Detailed rules for the application of this paragraph            formed of any amendments to this list.
shall be adopted in accordance with the procedure
laid down in Article 29 of Regulation No 2141 /70.
A decision to make an indication of the fishing ground
compulsory for each lot may be taken in accordance                                      Article 11
with the same procedure.
                                                                1 . The fish referred to in Article 3 imported from
                         Article 7
                                                               third countries may be put on the market in the
                                                                Community only if :
1 . Each lot must contain products of the same                  ( a) they comply with the provisions of Articles 4, 5,
degree of freshness . A small lot need not, however,                 6, 7 and 8 ;
be of uniform freshness ; if it is not, the lot shall be
placed in the lowest freshness category represented             (b) they are presented in packages on which the
therein .                                                            following information is clearly and legibly
                                                                     marked :
2.     The freshness category must be clearly and in­
delibly marked in characters which are at least 5 cm                 — country of origin, printed in Roman letters
high on labels affixed to the lots.                                      which are at least 20 mm high ;
                                                                     — species of fish;
                         Article 8                                   — presentation;
                                                                     — freshness and size categories ;
1 . Fish shall be sized by weight or by number per
kilogramme.                                                          — net weight in kg of the fish in the package;
 ---pagebreak---                                    Official Journal of the European Communities                                 823
    — date of grading and date of dispatch ;                                       Article 12
    — name and address of sender.
                                                              This Regulation shall enter into force on the third
2. However, fish landed in a Community port                   day following its publication in the Official Journal
direct from the fishing grounds from vessels flying           of the European Communities.
the flag of a third country shall be subject, when put
on the market, to the same provisions as those ap­            The system provided for in this Regulation shall
plicable to Community catches.                                apply from 1 February 1971 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 30 November 1970.
                                                                                  For the Council
                                                                                   The President
                                                                                 H. D. GRIESAU
 ---pagebreak--- 824                            Official Journal of the European Communities
                                                     ANNEX A
                                               FRESHNESS RATINGS
                                                                CRITERIA
      PARTS OF
                                                                  Marks
      THE FISH
      INSPECTED
                                     3
                                                          2         j           1                    0
                                                             APPEARANCE
      SKIN                Bright, iridescent     Pigmentation         Pigmentation in      Dull1
                          pigmentation ; no      bright but           the process of       pigmentation ;
                          discoloration ;        not lustrous ;       becoming             opaque mucus
                           aqueous ,             slightly cloudy      discolored and
                           transparent           mucus                dull ; milky
                           mucus                                      mucus
      EYE                  Convex                Convex and           Flat; opalescent     Concave in1
                           (bulging);            slightly sunken;     cornea ;             the centre ;
                           transparent           slightly opales­     opaque pupil         milky cornea;
                           cornea; black,        cent cornea ;                             grey pupil
                           bright pupil          black, dull
                                                 pupil
      GILLS                Bright colour,        Less coloured ;      Becoming             Yellowish1 ;
                           no mucus              slight traces        discoloured ;        milky mucus
                                                 of clear mucus       opaque mucus
      FLESH                Bluish,               Velvety, waxy,       Slightly opaque      Opaque1
      ( cut from           translucent,          dull ; colour
      abdomen )            smooth, shining;      slightly changed
                           no change in
                           original colour;
      COLOUR               Uncoloured            Slightly pink        Pink                 Red1
      ALONG      THE
      VERTEBRAL
      COLUMN
      ORGANS               Kidneys and           Kidneys and          Kidneys, residues    Kidneys1, residues
                           residues of other     residues of other    of other organs    , of other organs
                           organs should be      organs should be     and blood should     and blood should
                           bright red, as        dull red ; blood     be pale red          be brownish in
                           should the blood      becoming                                  colour
                           inside the aorta ;    discoloured
                                                              CONDITION
      FLESH               Firm and elastic ;     Less elastic         Slightly soft         Soft (flaccid) 1 ;
                           smooth surface                             (flaccid), less      scales easily
                                                                       elastic ; waxy      detached from
                                                                      (velvety) and dull   skin , surface ra­
                                                                      surface              ther wrinkled, in­
                                                                                           clining to mealy
      VERTEBRAL            Breaks instead of     Sticks               Sticks slightly      Does not stick1
      COLUMN               coming away
      PERITONEUM           Sticks completely     Sticks               Sticks slightly      Does not stick1
                           to flesh
                                                                 SMELL
      GILLS,               Seaweed               No smell of          Slightly sour        sour1
      SKIN,                                      seaweed or any
      ABDOMINAL                                  bad smell
      CAVITY
    . l Or in a more advanced state of decay .
 ---pagebreak---                          Official Journal of the European Communities                                         825
                                                ANNEX B
                                                 SIZING
                                                                                                      kg/fish
                 Cod                     Coalfish                Haddock                    Whiting
Size 1 7 and over               5 and over                1 and over                Ό-5 and over
Size 2 from 4 up to but         from 3 up to but          from 0-4 up to but         from 0-35 up to but
       excluding 7              excluding 5               excluding 1                excluding 0-5
Size 3 from 2 up to but         from 1-5 up to but        from 0-25 up to but        from 0-2 up to but
       excluding 4              excluding 3               excluding 0·4              excluding 0-35
Size 4 from 1 up to but         less than 1-5             less than 0-25             less than 0-2
       excluding 2
Size 5 less than 1
                                                                                                      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 but                 less than 2                   from 0-2 up to but
           excluding 0-6                                                    excluding 0-5
Size 3     from 0-3 up to but                                               from 0-1 up to but
           excluding 0-4                                                    excluding 0-2
Size 4     less than 0-3                                                    less than 0-1
                              Herring                                           Sardines
                                          Number of fish                                   Number of fish
                    kg/fish                   to kg                 kg/fish                    to kg
Size 1     0-125 and over              8 or less            0-060 and over              17 or less
Size 2     from 0-085 up to but        from 9 to 12         from 0-040 up to but        from 18 to 25
           excluding 0-125                                  excluding 0-060
Size 3     less than 0-085             13 and over          from 0Ό30 up to but         from 26 to 33
                                                            excluding 0-040
Size 4                                                      less than 0-030             34 and over
                                                      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 excluding 0-040             from 26 to 50
Size 3       less than 0-020                                  51 and over