31970R2455

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 represent about 60% of Community production of Having regard to the proposal from the Commission ; 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 ;

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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 Coalfish (Pollachius virens ) information is not necessary in the case of fish landed in the Community from vessels under the same Haddock (Melanogrammus aeglefinus) conditions as Community catches ; Whiting (Merlangius merlangus)

Plaice ( Pleuronectes platessa) HAS ADOPTED THIS REGULATION : 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 .

Article2¶

Article 5 1 . The fish referred to in Article 3 which form part 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 the scale. The arithmetic mean of the marks awarded 4. Detailed rules for the application of paragraphs 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.

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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 category represented therein. The freshness rating of fish in this category shall be 2 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. Not later than one month before this Regulation be­ 2. When the products are being classified by fresh­ ness category the presence of parasites shall also be gins to apply, each Member State shall supply the other Member States and the Commission with a list taken into consideration, allowance being made for of the names and addresses of the experts and trade the type of product, the fishing ground in which it was caught and its presentation. organisations referred to in Article 9. The other Member States and the Commission shall be in­ formed of any amendments to this list. Detailed rules for the application of this paragraph 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 third countries may be put on the market in the Article 7 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;

Article8¶

— 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 ;

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

824 Official Journal of the European Communities

ANNEX A FRESHNESS RATINGS

CRITERIA PARTS OF Marks THE FISH 3 0 2 j 1 INSPECTED 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 smooth , shining ; slightly changed abdomen ) 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 .

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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