Article 1 Subject matter
1. A common organisation of the markets in fishery and aquaculture products (CMO) is hereby established. 3. The CMO shall be supplemented, as regards external aspects, by Council Regulation (EU) No 1220/2012 ( 1 ) and by Regulation (EU) No 1026/2012 of the European Parliament and of the Council ( 2 ). 4. Implementation of the CMO shall be eligible to receive Union financial support in accordance with a future Union legal act establishing the conditions for the financial support for maritime and fisheries policy for the period 2014–2020.
Article 2 Scope
The CMO shall apply to the fishery and aquaculture products listed in Annex I to this Regulation, which are marketed in the Union.
Article 3 Objectives
The objectives of the CMO are those laid down in Article 35 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council ( 3 ).
Article 4 Principles
The CMO shall be guided by the principles of good governance laid down in Article 3 of Regulation (EU) No 1380/2013.
Article 5 Definitions
(a) 'fishery products' mean aquatic organisms resulting from any fishing activity or products derived therefrom, as listed in Annex I; (b) 'aquaculture products' mean aquatic organisms at any stage of their life cycle resulting from any aquaculture activity or products derived therefrom, as listed in Annex I; (c) 'producer' means any natural or legal person using means of production to obtain fishery or aquaculture products with a view to placing them on the market; (d) 'fishery and aquaculture sector' means the sector of the economy which comprises all activities of production, processing and marketing of fishery or aquaculture products; (e) 'making available on the market' means any supply of a fishery or aquaculture product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge; (f) 'placing on the market' means the first making available of a fishery or aquaculture product on the Union market; (g) 'retail' means the handling and/or processing of food and its storage at the point of sale or delivery to the final consumer, including distribution terminals, catering operations, factory canteens, institutional catering, restaurants and other similar food service operations, shops, supermarket distribution centres and wholesale outlets; (h) 'prepacked fishery and aquaculture products' mean fishery and aquaculture products which are 'prepacked food' as referred to in point (e) of Article 2(2) of Regulation (EC) No 1169/2011.
Article 6 Establishment of fishery producer organisations and aquaculture producer organisations
1. Fishery producer organisations and aquaculture producer organisations (‘producer organisations’) may be established on the initiative of producers of fishery or aquaculture products in one or more Member States and recognised in accordance with Section II. 2. Where relevant, the specific situation of small-scale producers shall be taken into account when establishing producer organisations. 3. A producer organisation that is representative of both fishery and aquaculture activities may be established as a joint fishery and aquaculture producer organisation.
Article 7 Objectives of producer organisations
4. Producer organisations may pursue other complementary objectives.
Article 9 Establishment of associations of producer organisations
1. An association of producer organisations may be established at the initiative of producer organisations recognised in one or more Member States. 2. The provisions of this Regulation applicable to producer organisations shall also apply to associations of producer organisations unless stated otherwise.
Article 10 Objectives of associations of producer organisations
1. Associations of producer organisations shall pursue the following objectives: (a) performing in a more efficient and sustainable manner any of the objectives of the member producer organisations laid down in Article 7; (b) coordinating and developing activities of common interest for the member producer organisations. 2. Associations of producer organisations shall be eligible for financial support in accordance with a future Union legal act establishing the conditions for the financial support for maritime and fisheries policy for the period 2014–2020.
Article 11 Establishment of inter-branch organisations
Inter-branch organisations may be established at the initiative of operators of fishery and aquaculture products in one or more Member States and recognised in accordance with Section II.
Article 12 Objectives of inter-branch organisations
Inter-branch organisations shall improve the coordination of, and the conditions for, making fishery and aquaculture products available on the Union market.
Article 13 Measures deployable by inter-branch organisations
In order to achieve the objectives referred to in Article 12, inter-branch organisations may make use of the following measures: (a) drawing up standard contracts which are compatible with Union legislation; (b) promoting Union fishery and aquaculture products in a non-discriminatory manner by using, for example, certification, and in particular designations of origin, quality seals, geographical designations, traditional specialities guaranteed, and sustainability merits; (c) laying down rules on the production and marketing of fishery and aquaculture products which are stricter than those laid down in Union or national legislation; (d) improving quality, knowledge of, and the transparency of, production and the market, as well as carrying out professional and vocational training activities, for example, on quality and traceability matters, on food safety and in order to encourage research initiatives; (e) performing research and market studies, and developing techniques to optimise the operation of the market, including through the use of information and communication technology, as well as collecting socio-economic data; (f) providing the information and carrying out the research needed to deliver sustainable supplies at the quantity, quality and price corresponding to market requirements and consumer expectations; (g) promoting, among consumers, species obtained from fish stocks that are in a sustainable state, that have appreciable nutritional value and that are not widely consumed; (h) controlling and taking measures for compliance of their members' activities with the rules established by the inter-branch organisation concerned.
Article 14 Recognition of producer organisations
2. Producer organisations recognised before 29 December 2013 shall be considered to be producer organisations for the purposes of this Regulation, and to be bound by its provisions.
Article 15 Financial support to producer organisations or associations of producer organisations
Marketing measures for fishery and aquaculture products which aim to create or restructure producer organisations or associations of producer organisations may be financially supported in accordance with a future Union legal act establishing the conditions for the financial support for maritime and fisheries policy for the period 2014–2020.
Article 16 Recognition of inter-branch organisations
2. Organisations established before 29 December 2013 may be recognised as inter-branch organisations for the purposes of this Regulation provided that the Member State concerned is satisfied that they comply with the provisions of this Regulation regarding inter-branch organisations. 3. Inter-branch organisations recognised before 29 décembre 2013 shall be considered to be inter-branch organisations for the purposes of this Regulation and to be bound by its provisions.
Article 17 Internal functioning of producer organisations and inter-branch organisations
The internal functioning of producer organisations and inter-branch organisations referred to in Articles 14 and 16 shall be based on the following principles: (a) compliance by its members with the rules adopted by the organisation in terms of fisheries exploitation, production and marketing; (b) non-discrimination among members, particularly on grounds of nationality or place of establishment; (c) the levying of a financial contribution from its members in order to finance the organisation; (d) a democratic functioning that enables the members to scrutinise their organisation and its decisions; (e) the imposition of effective, dissuasive and proportionate penalties for infringement of obligations laid down in the internal rules of the organisation concerned, particularly in the case of –non payment of financial contributions; (f) the definition of rules on the admission of new members and the withdrawal of membership; (g) the definition of the accounting and budgetary rules necessary for the management of the organisation.
Article 18 Checks and withdrawal of recognition by Member States
1. Member States shall carry out checks at regular intervals to verify that producer organisations and inter-branch organisations comply with the conditions for recognition laid down in Articles 14 and 16 respectively. A finding of non-compliance may result in the withdrawal of recognition. 2. The Member State hosting the official headquarters of a producer organisation or an inter-branch organisation which has members from different Member States, or of an association of producer organisations recognised in different Member States, shall set up the administrative cooperation needed to carry out checks on the activities of the organisation or the association concerned in collaboration with the other Member States concerned.
Article 19 Allocation of fishing opportunities
When performing its tasks, a producer organisation whose members are nationals of different Member States or an association of producer organisations recognised in different Member States shall comply with the provisions governing the allocation of fishing opportunities among Member States in accordance with Article 16 of Regulation (EU) No 1380/2013.
Article 20 Checks by the Commission
1. In order to ensure that the conditions for recognition of producer organisations or inter-branch organisations laid down in Articles 14 and 16 respectively are complied with, the Commission may carry out checks and shall, where appropriate, request that Member States withdraw the recognition of producer organisations or inter-branch organisations. 2. Member States shall communicate to the Commission by electronic means any decision to grant or withdraw the recognition. The Commission shall make all such information publically available.
Article 21 Implementing acts
The implementing acts adopted under point (a) shall, where appropriate, be adapted to the special characteristics of small–scale fisheries and aquaculture. 2. The implementing acts referred to in paragraph 1 shall be adopted in accordance with the examination procedure referred to in Article 43(2).
Article 22 Extension of rules of producer organisations
2. For the purposes of point (a) of paragraph 1, a fishery producer organisation is considered to be representative where it accounts for at least 55 % of the quantities marketed of the relevant product during the previous year in the area in which it is proposed to extend the rules. 3. For the purposes of point (a) of paragraph 1, an aquaculture producer organisation is considered to be representative where it accounts for at least 40 % of the quantities marketed of the relevant product during the previous year in the area in which it is proposed to extend the rules. 4. The rules to be extended to non-members shall apply for a period of between 60 days and 12 months.
Article 23 Extension of the rules of inter-branch organisations
2. The extension of rules may be made binding for no more than three years, without prejudice to Article 25(4).
Article 24 Liability
When rules are extended to non-members in accordance with Articles 22 and 23, the Member State concerned may decide that non-members are liable to the producer organisation or the inter-branch organisation for the equivalent of all or part of the costs paid by members as a result of the application of the rules that have been extended to non-members.
Article 25 Authorisation by the Commission
1. Member States shall notify the Commission of the rules which they intend to make binding on all producers or operators in the specific area or areas pursuant to Articles 22 and 23. 3. Within one month of receipt of the notification, the Commission shall take a decision authorising or refusing to authorise the extension of rules and shall inform the Member States thereof. Where the Commission has not taken a decision within one month of receipt of the notification, the extension of rules shall be deemed to have been authorised by the Commission. 4. An authorised extension of rules may continue to apply after the expiry of the initial period of time, including by tacit agreement, without an explicit renewal of the authorisation, provided that the Member State concerned has notified the Commission, at least one month before the expiry of such initial period, of the additional period of application and the Commission has either authorised such further application, or not objected to it within one month of receipt of such notification.
Article 26 Withdrawal of authorisation
The Commission may carry out checks and may withdraw the authorisation of extension of rules where it establishes that any of the requirements for the authorisation is not met. The Commission shall inform the Member States of such withdrawal.
Article 27 Implementing acts
The Commission shall adopt implementing acts concerning the format and procedure of the notification provided for in Article 25(1). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 43(2).
Article 28 Production and marketing plan
1. Each producer organisation shall submit a production and marketing plan for, at least, its main marketed species to its competent national authorities for approval. Such production and marketing plans shall have the aim of achieving the objectives laid down in Articles 3 and 7. 3. The competent national authorities shall approve the production and marketing plan. Once the plan is approved, the producer organisation shall immediately implement it. 4. Producer organisations may revise the production and marketing plan and shall, in such case, submit it for approval to the competent national authorities. 5. The producer organisation shall prepare an annual report of its activities under the production and marketing plan and shall submit it to its competent national authorities for approval. 6. Producer organisations may receive financial support for the preparation and implementation of production and marketing plans in accordance with a future Union legal act establishing the conditions for the financial support for maritime and fisheries policy for the period 2014–2020. 7. Member States shall carry out checks to ensure that each producer organisation fulfils the obligations provided for in this Article. A finding of non-compliance may result in the withdrawal of recognition. 8. In line with the objective set out in point (b) of Article 7(1), producer organisations shall ensure, in the production and marketing plans which they submit pursuant to paragraph 1 of this Article, that the landing of marine organisms below the minimum conservation reference size does not lead to the development of activities aimed specifically at the catching of those marine organisms. When carrying out the checks required by paragraph 7 of this Article, Member States shall ensure that producer organisations fulfil the obligation set out in the first subparagraph of this paragraph.
Article 29 Implementing acts
1. The Commission shall adopt implementing acts concerning: (a) the format and structure of the production and marketing plan referred to in Article 28; (b) the procedure and time-limits for the submission by producer organisations and the approval by Member States of the production and marketing plans referred to in Article 28. 2. The implementing acts referred to in paragraph 1 shall be adopted in accordance with the examination procedure referred to in Article 43(2).
Article 30 Storage mechanism
Fishery and aquaculture producer organisations may receive financial support for the storage of products listed in Annex II or products falling within CN code 0302 as listed in point (a) of Annex I to this Regulation, provided that: (a) the conditions for storage aid, laid down in Regulation (EU) No 508/2014 of the European Parliament and of the Council ( 8 ), are complied with; (b) the products have been placed on the market by producer organisations and no buyer for them has been found at the trigger price referred to in Article 31; (c) where applicable, the products meet the common marketing standards established in accordance with Article 33 and are of adequate quality for human consumption; (d) the products are stabilised or processed and stored in tanks or cages, by way of freezing, either on board vessels or in land facilities, of salting, of drying, of marinating or, where relevant, of boiling and pasteurisation, whether or not the products are filleted, cut‐up or, where appropriate, headed; (e) aquaculture products are not stored alive; (f) the products are reintroduced from storage into the market for human consumption at a later stage, and (g) the products remain in storage for at least five days.
Article 31 Prices triggering the storage mechanism
1. Before the beginning of each year, each producer organisation may individually make a proposal for a price triggering the storage mechanism referred to in Article 30 for products listed in Annex II or products falling within CN code 0302 as listed in point (a) of Annex I to this Regulation. 2. The trigger price shall not exceed 80 % of the weighted average price recorded for the product in question in the area of activity of the producer organisation concerned during the three years immediately preceding the year for which the trigger price is fixed. 4. Member States shall, upon examining the proposals of the producer organisations recognised in their territory, determine the trigger prices to be applied by those producer organisations. Those prices shall be fixed on the basis of the criteria referred to in paragraphs 2 and 3. The prices shall be made publicly available. 5. Where a Member State has not determined the trigger prices pursuant to paragraph 4 prior to the COVID‐19 outbreak, that Member State shall, without delay, determine the trigger prices concerned on the basis of the criteria referred to in paragraphs 2 and 3. The prices shall be made publicly available.
Article 32 Implementing acts
The Commission shall adopt implementing acts concerning the format of publication by Member States of the trigger prices pursuant to Article 31(4). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 43(2).
Article 33 Establishment of common marketing standards
1. Without prejudice to Article 47, common marketing standards may be laid down for the fishery products that are listed in Annex I, regardless of their origin (Union or imported), that are intended for human consumption.
Article 34 Compliance with common marketing standards
1. The products intended for human consumption for which common marketing standards are laid down may be made available on the Union market only in accordance with those standards. 2. All fishery products landed, including those that do not comply with common marketing standards, may be used for purposes other than direct human consumption, including fish meal, fish oil, pet food, food additives, pharmaceuticals or cosmetics.
Article 35 Mandatory information
The requirement in point (d) shall not apply to: (a) ingredients present in the final product; (b) foods for which freezing is a technologically necessary step in the production process; (c) fishery and aquaculture products previously frozen for health safety purposes, in accordance with Annex III, Section VIII, of Regulation (EC) No 853/2004; (d) fishery and aquaculture products which have been defrosted before the process of smoking, salting, cooking, pickling, drying or a combination of any of those processes. 2. For non-prepacked fishery and aquaculture products, the mandatory information listed in paragraph 1 may be provided for retail sale by means of commercial information such as billboards or posters. 3. Where a mixed product is offered for sale to the final consumer or to a mass caterer that consists of the same species but which has been derived from different production methods, the method for each batch shall be stated. Where a mixed product is offered for sale to the final consumer or to a mass caterer that consists of the same species but which has been derived from a variety of catch areas or fish–farming countries, at least the area of the batch which is most representative in terms of quantity shall be stated, together with an indication that the products also come from different catch or fish-farming areas. 4. Member States may exempt from the requirements referred to in paragraph 1 small quantities of products sold directly from fishing vessels to consumers, provided that those do not exceed the value referred to in Article 58(8) of Regulation (EC) No 1224/2009. 5. Fishery and aquaculture products and their packages which were labelled or marked prior to 13 December 2014 and which do not comply with this Article may be marketed until such stocks have been used up. 6. Until 31 December 2021, paragraphs 1, 2 and 3 shall not apply to products offered for retail sale to the final consumer in Mayotte, as an outermost region within the meaning of Article 349 TFEU.
Article 36 Eco-labelling reporting
After consulting Member States and stakeholders, the Commission shall, by 1 January 2015, submit to the European Parliament and to the Council a feasibility report on options for an eco-label scheme for fishery and aquaculture products, in particular on establishing such a scheme on a Union-wide basis and on setting minimum requirements for the use by Member States of a Union eco-label.
Article 37 Commercial designation
2. All species of fish which constitute an ingredient of another food may be designated as ‘fish’, provided that the name and presentation of such food does not refer to a specific species. 3. Any changes to the list of commercial designations accepted by a Member State shall be notified forthwith to the Commission which shall inform the other Member States thereof.
Article 38 Indication of the catch or production area
2. In addition to the information referred to in paragraph 1, operators may indicate a more precise catch or production area.
Article 39 Additional voluntary information
2. A Quick Response (QR) code may be used outlining part or all of the information listed in Article 35(1). 3. Voluntary information shall not be displayed to the detriment of the space available for mandatory information on the marking or labelling. 4. No voluntary information shall be included that cannot be verified.
Article 40 Application of competition rules
Articles 101 to 106 TFEU and their implementing provisions shall apply to agreements, decisions and practices referred to in Article 101(1) and Article 102 TFEU which relate to production or marketing of fishery and aquaculture products.
Article 42 Market Intelligence
3. Member States shall contribute to the achievement of the objectives referred to in paragraph 1.
Article 43 Committee procedure
1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Article 44 Amendment to Regulation (EC) No 1184/2006
Article 1 of Regulation (EC) No 1184/2006 is replaced by the following: 
‘Article 1
This Regulation lays down rules concerning the applicability of Articles 101 to 106 and of Article 108(1) and (3) of the Treaty on the functioning of the European Union (TFEU) in relation to production of, or trade in, the products listed in Annex I to the TFEU with the exception of the products covered by Council Regulation (EC) No 1234/2007 ( *1 ) and Regulation (EU) No 1379/2013 of the European Parliament and of the Council ( *2 ).
Article 45 Amendments to Regulation (EC) No 1224/2009
Regulation (EC) No 1224/2009 is hereby amended as follows:
Article 46 Repeal
Regulation (EC) No 104/2000 is hereby repealed. However, Article 4 shall apply until 12 December 2014. References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in Annex IV.
Article 47 Rules establishing common marketing standards
1. Without prejudice to paragraph 2, rules establishing common marketing standards, in particular those laid down in Council Regulation (EEC) No 2136/89 ( 15 ), Council Regulation (EEC) No 1536/92 ( 16 ) and Council Regulation (EC) No 2406/96 ( 17 ), as well as other rules adopted for the application of common marketing standards, such as those laid down in Commission Regulation (EEC) No 3703/85 ( 18 ), shall continue to apply. 2. Where minimum conservation reference sizes are established, they shall constitute minimum marketing sizes.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal In its Communication on ‘ Long-term competitiveness of the EU: looking beyond 2030 ’ ( 1 ) , the Commission has stressed the importance of a regulatory system that ensures that objectives are reached at minimum costs. It has committed therefore to a fresh push to rationalise and simplify reporting requirements, with the ultimate aim to reduce such burdens by 25%, without undermining the related policy objectives. Reporting requirements play a key role in ensuring correct enforcement and proper monitoring of legislation. Their costs are overall largely offset by the benefit they bring, in particular in monitoring and ensuring compliance with key policy measures. Reporting requirements can however also impose disproportionate burdens on stakeholders, particularly affecting SMEs and micro-companies, also given organisational and technological developments that call for original reporting requirements to be adjusted. Their cumulation over time can result in redundant, duplicating or obsolete obligations, inefficient frequency and timing, or inadequate methods of collection. Streamlining reporting obligations and reducing administrative burdens is therefore a priority. In this context, the present proposal aims to simplify initiatives included in headline ambition ‘A European Green Deal’ in the policy area of the common organisation of the markets in fishery and aquaculture products and affecting the fishing industry. It will also simplify and eliminate certain reporting obligations in the area of the approval and market surveillance of agricultural and forestry vehicles and two- or three-wheel vehicles and quadricycles. The proposal will rationalise reporting obligations by removing reports which are no longer adding value in reaching the policy objectives (see more details below). The reporting requirements concern: public authorities. Consistency with existing policy provisions in the policy area The proposal is part of a first package of measures to rationalise reporting requirements. This is a step in a process looking comprehensively at existing reporting requirements, with a view to assess their continued relevance and to make them more efficient. The rationalisation introduced by these measures will not affect the achievement of objectives in the policy area, for the following reasons: – The reporting requirement that is proposed to be removed in the policy area of the common organisation of the markets in fishery and aquaculture products ha s not proven to provide any longer an added value to the Union and does not contribute to the objectives of Regulation (EU) No 1379/2013 ( 2 ). The reporting obligation in Council Regulation (EC) No 2406/96 ( 3 ) was introduced in relation to prevent ing the marketing of fish below a given degree of freshness for human consumption and standardise freshness and size grades used at first sale to establish price levels for market interventions prior to Regulation (EU) No 1379/2013 . Those intervention measures were abolished in 2013 but the marketing standards remained in force. As food safety is now guaranteed through general food law ( 4 ) , the related reporting obligation has become much less relevant. – The reporting requirements that are proposed to be removed in Regulation (EU) No 167/2013 ( 5 ) ha ve not proven to provide any longer an added value to the Union and do not contribute to its objectives . Regulation (EU) No 167/2013 sets out the rules on the approval and market surveillance of agricultural and forestry vehicles . Article 74 and 75 of that Regulation require Member States to inform the Commission of the application of the type-approval procedures and individual vehicles approvals respectively , and the Commission to submit reports to the European Parliament and the Council . Since the Commission carried out a study ( 6 ) on the questions subject to these information and reporting obligations in 2022 , and the study determined that the type-approval and individual vehicles approvals procedures are satisfactory, this should no longer apply . – The reporting requirements that are proposed to be removed in Regulation (EU) No 168/2013 ( 7 ) ha ve not proven to provide any longer an added value to the Union and do not contribute to its objectives . Regulation (EU) No 168/2013 sets out the rules on the approval and market surveillance of two- or three-wheel vehicles and quadricycles . Article 78 and 80 of that Regulation require Member States to inform the Commission of the application of the type-approval procedures and individual vehicles approvals respectively , and the Commission to submit reports to the European Parliament and the Council . Since the Commission carried out a study ( 8 ) on the questions subject to these information and reporting obligations in 2022 , and the study determined that the type-approval and individual vehicles approvals procedures are satisfactory, this should no longer apply .
Revised version (Article 47 Rules establishing common marketing standards):
1. Without prejudice to paragraph 2, rules establishing common marketing standards, in particular those laid down in Council Regulation (EEC) No 2136/89 ( 15 ), Council Regulation (EEC) No 1536/92 ( 16 ) and Council Regulation (EC) No 2406/96 ( 17 ), with the exception of Article 13 thereof, shall continue to apply. Rules adopted for the application of common marketing standards, such as those laid down in Commission Regulation (EEC) No 3703/85 ( 18 ), shall continue to apply. 2. Where minimum conservation reference sizes are established, they shall constitute minimum marketing sizes.
Article 48 Review
The Commission shall report to the European Parliament and the Council on the results of the application of this Regulation by 31 December 2022.
Article 49 Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union . It shall apply from 1 January 2014, with the exception of Chapter IV and Article 45 which shall apply from 13 December 2014.