Council Regulation (EEC) No 103/76 of 19 January 1976 laying down common marketing standards for certain fresh or chilled fish

( 1 ) SEE PAGE 1 OF THIS OFFICIAL JOURNAL .
( 2 ) OJ N L 264 , 5 . 12 . 1970 , P . 1 .
( 3 ) OJ N L 328 , 20 . 12 . 1975 , P . 9 .
COUNCIL REGULATION ( EEC ) N 103/76
OF 19 JANUARY 1976
LAYING DOWN COMMON MARKETING STANDARDS FOR CERTAIN FRESH OR CHILLED FISH
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,
HAVING REGARD TO COUNCIL REGULATION ( EEC ) N 100/76 OF 19 JANUARY 1976 ON THE COMMON ORGANIZATION OF THE MARKET IN FISHERY PRODUCTS ( 1 ) , AND IN PARTICULAR ARTICLE 2 ( 3 ) THEREOF ,
HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,
WHEREAS REGULATION ( EEC ) N 100/76 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 DEGREE OF 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 ;
WHEREAS THE ADOPTION OF STANDARDS FOR CERTAIN PRODUCTS HAS ASSUMED PARTICULAR IMPORTANCE IN VIEW OF THE MEASURES ON THE DETERMINATION AND FORMATION OF PRICES PROVIDED FOR IN REGULATION ( EEC ) N 100/76 ; WHEREAS THE GRADING HITHERTO 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 SUCH FISH IS IMMEDIATELY FILLETED 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 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 PERMITTED 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 OF 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 THE 11 SPECIES COVERED BY THIS REGULATION REPRESENT ABOUT 60 % OF COMMUNITY PRODUCTION OF FRESH FISH AND 80 % OF IMPORTS FROM THIRD COUNTRIES ; WHEREAS PRIORITY SHOULD THEREFORE BE GIVEN TO THE ADOPTION OF STANDARDS FOR THESE SPECIES ;
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 ;
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 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 OF THE EXPERTS AND TRADE ORGANIZATIONS CONCERNED ;
WHEREAS IT IS ESSENTIAL THAT FISH IMPORTED FROM THIRD COUNTRIES SHOULD CONFORM TO COMMUNITY 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 ,