CELEX: 51991PC0527
Language: en
Date: 1991-12-13
Title: Proposal for a COUNCIL REGULATION ( EEC ) laying down common marketing standards for preserved tuna and bonito

COMMISSION OF THE EUROPEAN COMMUNITIES
                                            C0MC91) 527 final
                                            Brussels, 13 December 1991
                               Proposal for a
                        COUNCIL REGULATION (EEC)
  laying down common marketing   atandarda for preserved tuna and   bonlto
                     (presented by the Commission)
 ---pagebreak---                                                         EXPLANATORY MEMORANDUM
At the        time       of the studies                which         led      the Council           to adopt,               on 21          June
1989,       Reg.         (EEC)          N 2136/89             fixing           common       marketing                standards                for
preserved           sardines,              several        Member          States         and      the       Commission                  deemed
necessary            to       extend          the     exercise             to     other        fishery            products,                 with
priority         being        given        to tuna and                 bonito.
The present               draft         regulation            is      intended          to meet            this         objective              by
fixing,         on the basis                of Art.       2 of Council                Reg.      (EEC) N 3796/81                       on      the
common organization                      of the market               for fishery           products,              itself         based         on
Arts.      42 and 43 of the Treaty,                           common marketing                  standards              for            preserved
tuna       ana       bonlto           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              exist       or which             are        under
preparation             concerning              the various            ingredients           used       as raw materials                       In
the preparation                   of the finished                  product,          the public             health           aspects           or
the provision                of information                to consumers               by means          of labelling.                     Their
main purpose               is      to ensure          the clarification,                    the      transparency                  and        the
stabilization                  of       the       market          and,         consequently               to        garantee                 fair
competition              conditions               on the          Community            market         and        to      improve              the
profitability               of tuna production                    in the            Community.
With      a view          to ensuring               market         transparency            in the           interests              of       both
tuna      and bonito               producers          and consumers,                 the draft            standards             lay       down
provisions             for        the       sale     of      the       products          concerned            and        forbids              the
marketing           of any product                  which      does not meet               these        provisions.                In        this
context,           a list           has      been    drawn          up defining            the      species            which         may       be
marketed          under        the terms           of tuna and bonito                            respectively.
The non-exhaustive                     list       of presentations                 for each type               of fish            (tuna         or
bonito)         and the covering                   media further               makes it possible,                    with      a view           to
providing            better           information              to       the      consumer,           to       adapt           the          trade
description             of the finished                  product          by taking          into       account            the      type       of
 the culinary             preparation                  concerned.
Pursing         the same           objective         of    market         transnparency,               the      labelling                should
indicate          the fish                 content.
 ---pagebreak---                                        " A 9v^> -
                                       Proposal for a
                              COUNCIL REGULATION (EEC) No                       /
                                             of
   laying   down common marketing           standards      for preserved      tuna and      bonito
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
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     products,*    as
last     amended    by    Regulation        (EEC) No 3571/90,2             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
commercial quality          off    the   market and to          facilitate      trade    relations
based on fair       competition;
Whereas the adoption of such standards for preserved                        tuna and bonito        is
likely      to   improve       the    profitability         of    tuna    production       in   the
Community, and the market outlets                    therefor,     and to facilitate        disposal
of the     products;
Whereas i t must be specified             in this      context,     particularly      in order    to
ensure     market      transparency,         that     the    products      concerned     must    be
prepared exclusively          from well defined           species;
Whereas, in       order    to   ensure clarity          in   the   trade   description      of  the
products concerned, the presentations                  in which they are marketed should
be defined       and the method of           designation       of    the covering      media   laid
down ;
whereas these       criteria      must not,       however, be such as to preclude               the
introduction      of new products onto the market;
 1   OJ No L 379, 31.12.1981,           p.    1.
 o   nr M n r. ISI     77 17-1990.      n. J O .
 ---pagebreak---                                                                   - 2
Whereas         Council            Directive              79/112/EEC              of       18     December          1978      on      the
approximation                of      the       laws         of       the       Member           States       related          to      the
labelling,          presentation                and advertising                    of     foodstuffs          for     sale     to     the
                                 3                                                                                          4
ultimate          consumer,               as       last       amended            by      Directive          89/395/EEC,              and
Council      Directive             76/211/EEC             of 20 January                 1976 on the          approximation             of
the    laws       of     the      Member States                  relating            to    making-up         by     weight       or    by
                                                                            5
volume      of     certain          prepackaged                products,               as last        amended        by        Directive
                6
78/891/EEC,               specify          the      particulars              required            for     correct           information
and protection                 of     the     consumer             as     regards           the     contents         of       packages;
whereas,         for       preserved            tuna       and      bonito,           the      trade      description             should
also     be determined                with       regard         to     the     proposed           commercial               presentation
or    culinary          preparation                 and,      where         appropriate,               the     covering          medium
used;       whereas            the       labelling              of      the       products           concerned           should        be
required          to      state         the       fish       content            in      the      container;           whereas         the
meaning       of     the     trade        description              "natural"            should       be       defined;
Whereas       the     purpose          of the         Council          Directive             91/493/EEC         of 22 July          1992
laying      down the health                  conditions              for      the production               and the placing             on
                                                                   7
 the     market            of      fishery              products ,               is       to       harmonize           the         health
requirements              to    be respected               when marketing                  Community         fishery            products
and    to    protect           public        health;            whereas,            the      requirements           laid     down      in
 this    marketing             standard             are     applied           without          prejudice          to    the        health
regulations            in        force;
Whereas        the      Commission             should         have        responsibility                for    the     adoption        of
any technical               implementing                  measures,
HAS ADOPTED THIS REGULATION:
                                                               Article         1
 This     Regulation               defines            the       standards              governing           the     marketing           of
preserved          tuna       and bonito             in the           Community.
3     OJ  No L       33, 8.2.1979,                p.      1.
 4    OJ  No L       186, 30.6.1989,                   p.      17.
5     OJ  No L       46, 21.2.1976,                  p.     1.
 6    OJ  No L       311,       4.11.1978,             p.      21.
 7    OJ   L No      L 268,         24.09.1991,              p.       15.
 ---pagebreak---                                                  -  3 -
                                             Article       2
1.      The trade       description      of preserved          tuna or bonito,         as defined        in
Article    5, shall       be reserved       for    products       which satisfy        the     following
conditions:
1) Preserved       tuna must :
     -  be covered       by CN codes      1604 14 10 and ex 1604 20 70,
     -  be prepared        exclusively      from fish        of one of the species          listed       in
        point    I of the Annex to this                 Regulation,
2) Preserved      bonito      must :
     -  be covered        by CN codes        1604 14 90,          ex 1604 20 50,         1604 19       30,
        ex 1604 20 70, ex 1604 19 99 and ex 1604 20 90,
     -  be prepared        exclusively      from fish        of one of the species          listed       in
        point    II of the Annex to this                  Regulation.
2.      Under no circumstances            may different           species    be mixed in the same
container.       However,       culinary     preparations          using    tuna or bonito           flesh
entailing     disappearance         of the muscular          structure     may contain      the      flesh
of other     fish    which has undergone            the same treatment           provided     at     least
25% of the preparation             consists      of tuna or bonito            or a mixture       of    the
two.
                                              Article      3
1, If    any of       the    following      forms      of    commercial      presentation        of     the
     product    form part       of the trade       description        referred     to in Article          5,
     they shall      comply with the following                    definitions:
 (±)            solid:      the musculature         is   cut transversely          and is      presented
                as a whole slice         formed by a single            portion     or      reconstituted
                by     the    compact     assembly         of    several      portions     of       flesh.
                Both sides        of the cut       surface      of the slice        must be       regular
                and parallel        to the bottom of the                container.
                The presence         of flakes,         accounting       for   up to     18% of        fish
                weight,      shall   be       tolerated.
 ---pagebreak---                                                       - 4 -
                 However,        when the musculature               is canned raw, the presence                   of
                 flakes       shall      be prohibited;         a fragment       of flesh       may be added
                  as a      makeweight;
(ii)     chunks:      fragments          of flesh,       the initial      muscle structure              of which
         is maintained            and the shortest           side     of which is not less              than     1.2
         cm.
         The presence           of flakes,        accounting         for  up to 30% of fish                weight,
         shall     be        tolerated;
(Hi)     fillets:        a)     longitudinal           strips         of  muscle        taken         from       the
                                musculature         parallel       with    the    vertebral         column and
                                with      the    skin      removed,      closely       packed        along       the
                                container;
                         b)     strips      of muscle        from the abdominal            wall,        with     the
                                skin removed,          closely      packed along the container;                    in
                                this     case,    the fillets         may be described           as     abdominal
                                fillets,        too;
(1V)     flakes:       fragments         of flesh      of heterogeneous             size.
2.       Any form of presentation                    other     than the above or other                    culinary
         preparation           shall       be    permitted,         provided       that     it     is       clearly
         identified         in the trade               description.
                                                   Article       4
If    the     covering         medium used          forms       an integral         part       of    the      trade
description,        it    shall      conform to the following                   provisions:
     "in    olive       oil"      is     reserved       for    products       using      only      olive         oil,
     excluding       any mixture           with other         oils;
     "natural"        is    reserved         for    products        using    the     natural       juice        (the
     liquid     exuding        from the fish           during      cooking),      a saline        solution         or
     water,        eventually             added       of      herbs,        spices        or           aromatizing
     preparations;
 ---pagebreak---                                                   - 5 -
    "in vegetable         oil"    is reserved        for products           using    refined         vegetable
    oils,     used singly       or in       mixtures;
    where     any other        covering        medium is        used,      it    shall     be        identified
    clearly      and explicitly          using its      usual     trade     name.
                                                Article     5
1.       Without     prejudice         to Directives          79/112/EEC          and 76/211/EEC,            the
         trade    description        on the prepackaging             of preserved         tuna or        bonito
         shall      state:
(a)      in the case of the presentations                   referred        to in Article           3(1),
          the type    of fish       (tuna or        bonito),
          the   presentation           in    which     the     fish      is     marketed,       using        the
         appropriate         description         as     referred         to     in    Article       3;      this
         provision       shall       be     optional,       however,          in    the     case      of     the
         presentations        referred        to in Article         3(1)       (i),
          the   description         of    the    covering       medium used,            subject       to     the
         conditions      set    out in Article          4;
(b)      in the case of the presentations                   referred        to in Article           3(2),
          the type    of fish       (tuna or        bonito);
          the precise      nature       of the culinary              preparation.
2.        Without    prejudice        to the Community provisions                   referred      to in      the
         previous       paragraph,         and    in     particular           Articles       7 and       8    of
          Directive     79/112/EEC,          the fish     content       (whether       tuna or         bonito),
          expressed     in grams or as a percentage                   of the net weight,            shall     be
          clearly    stated     after     the type of fish            in the list        of       ingredients.
3.        The trade      descriptions          of preserved         tuna and bonito,            as      defined
          in Article      2 (1) and (2) respectively,                  may under no            circumstances
          associate     the words "tuna" and                "bonito."
 ---pagebreak---                                                    - 6 -
4.      Without    prejudice          to Article       2 and paragraph           3 of this           Article,
        where there         is an established            trade    usage,     the type     of fish       used
        (tuna     or    bonito)         and    the     species        may appear       in     the      trade
        description         under the name normally                 used in the Member State                in
        which the products             are     marketed.
5.      The trade       description          "natural"       may be used only           for        preserves
        marketed      in the presentations              referred       to in Article        3(1)(i)      and
        in   the    covering         medium as        described        in   the    second      indent      of
        Article      4.
                                                Article      6
This   regulation        is    applicable       without        prejudice      to Council            Directive
91/493/EEC of 22 July              1992,    laying      down the health          conditions        for    the
production     and the placing            on the market of fishery                 products.
                                                Article      7
As   required,       the      Commission         shall      adopt,      in    accordance        with      the
procedure     laid     down in Article           33 of Regulation            (EEC) No 3796/81,            the
measures    necessary        for    the application          of this       Regulation.
                                                Article      8
This Regulation         shall      enter    into    force      on the third        day following           its
publication      in the Official           Journal      of the European           Communities.
It shall    apply     from 1st July           1992.
However,    the products          in stock      which had been labelled             before       the
                  can be sold           until
This    Regulation          shall      be    binding        in     its    entirety      and          directly
applicable     in all      Member        States.
Done at Brussels,                                                  For the      Council
 ---pagebreak---                                                         ANNEX
1. TUNA
    1. Species       of     the     genus       Thunnus
        a)      Albacore          or longfinned           tuna (Thunnus              alalunga)
        b)      Yellowfin           tuna (Thunnus           (neothunnus)             albacares)
        c)      Bluefin         tuna (Thunnus               thynnus)
        d)      Bigeye        tuna (Thunnus            (parathunnus)             obesus)
        e)      Other      species         of   the    genus       Thunnus.
2.  Skipjack      or stripe-bellied                  tuna
    (Euthynnus        (Katsuwonus)            pel    amis)
II.     BONITO
1. Species      of   the     genus         Sarda
    a)  Atlantic       bonito         (Sarda        sarda)
    b)  Pacific      bonito         (Sarda             chiliensis)
    c)  Oriental       bonito         (Sarda            orientalis)
    d)  Other species             of the genus             Sarda.
2.  Species      of the genus               Euthynnus,        with     the    exception      of the species
    Euthynnus       (Katsuwonus)                 pelamis
    a) Atlantic        little         tuna (Euthynnus                   alleteratus)
    b) Eastern       little         tuna (Euthynnus                 affinis)
    c)                                            (Euthynnus             lineatus)
    d) Other      species         of    the   genus          Euthynnus.
3.  Species     of   the     genus          Auxis
    Frigate     mackerel          (Auxis          thazard)
 ---pagebreak---  ---pagebreak---                                              -    •?-
                                                                     ISSN 0254-1475
                                                              COM(91) 527 final
                                                      DOCUMENTS
EN                                                                              03
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                                                             ISBN 92-77-78782-1
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