31971R1082

290 Official Journal of the European Communities

No L 116/ 10 Official Journal of the European Communities 28.5.71

REGULATION (EEC) No 1082/71 OF THE COUNCIL of 25 May 1971

amending Regulations (EEC) No 2455/70 and (EEC) No 166/71 laying down common marketing standards for fishery products

THE COUNCIL OF THE EUROPEAN COMMUNITIES, Whereas Regulation (EEC) No 166/71 lays down special provisions in respect of Size Category 2 Having regard to the Treaty establishing the shrimps on the basis of which they may be allowed European Economic Community ; to be used for human consumption depending on the supply situation in Community areas ; whereas the obligation to grade them should, in these conditions, Having regard to Council Regulation (EEC) No continue in force only if such provisions have been 2142/701 of 20 October 1970 on the common applied; organisation of the market in fishery products, and in particular Article 2 (3 ) thereof;

HAS ADOPTED THIS REGULATION : Having regard to the proposal from the Commission ; Article 1 Whereas the Council has laid down in Regulations (EEC) No 2455/702 and (EEC) No 166/713 common The following text shall be substituted for the text of marketing standards, respectively, for certain fresh or Article 2 of Regulation (EEC) No 2455 /70 : chilled fish and for shrimps of the genus Crangon sp . p ; whereas the system introduced by these 'Article 2 Regulations makes it compulsory to grade not only products which, in pursuance of national health 1 . The fish referred to in Article 3 which form regulations, are judged fit for human consumption, part of Community catches may be marketed for but - also those which are judged unfit for such human consumption within the Community only consumption and products which cannot be if they comply with the provisions of this marketed for human consumption, in pursuance of Regulation. the above-mentioned Regulations ;

2. The provisions of this Regulation shall not, Whereas it is uncertain with regard to the last two however, apply to . small quantities of fish groups of products whether the obligation incumbent disposed of by inshore fishermen direct to on members of the trade corresponds to the purposes retailers or to consumers . of the Regulations in question ; whereas, consequently, it should be terminated ; 3 . Detailed rules for the application of paragraph 2 shall be adopted in accordance with Whereas this would have the added advantage that a the procedure laid down in Article 29 of clearer and more rapid distinction could be made Regulation (EEC) No 2142/70.' between products which are judged fit for human consumption, and are therefore subject to grading, and other products ; whereas this will facilitate Article 2 marketing at the stage where standards are applied and checking to see that these standards are 1 . The following text shall be substituted for the observed; text of the first subparagraph of Article 6 ( 1 ) of Regulation (EEC) No 2455/70 ; 1 OJ No L 236, 27.10.1970, p . 5 . ' 1 . On the basis of the provisions of Article 5, 2 OJ No L 264, 5.12.1970, p . 1 . fish shall be graded by lot in Freshness Category 3 OJ No L 23 , 29.1.1971, p . 3 . Extra, A or B. '

Official Journal of the European Communities 291

2. The last subparagraph and the title of Article Article 5 6 ( 1 ) of Regulation (EEC) No 2455/70 shall be deleted. 1 . The following text shall be substituted for the text of the first subparagraph of Article 5 ( 1 ) of Article 3 Regulation (EEC) No 166/71 ; ' 1 . The shrimps referred to in Article 1 shall be 1 . The following text shall be substituted for the graded by lot in Freshness Category A or B. ' first subparagraph of Article 11 ( 1 ) of Regulation (EEC) No 2455 /70 : 2. The last subparagraph and the title of Article ' 1 . The fish xeferred to in Article 3 imported 5 ( 1 ) of Regulation (EEC) No 166/71 shall be from third countries may be put on the market deleted. for human consumption within the Community only if:' Article 6

2. The following text shall be substituted for the The following subparagraph shall be added to Article text of Article 11 (2) of Regulation (EEC) No 7 ( 1 ) of Regulation (EEC) No 166/71 : 2455 /70 : 'Grading in Size Category 2 is obligatory only in '2. However, fish landed in a Community port respect of products for which an exception is direct from fishing grounds from vessels flying the made in accordance with Article 3 (4).' flag of a third country and intended for marketing for human consumption shall be subject, when put on the market, to the same Article 7 provisions as those applicable to Community catches.' 1 . The following text shall be substituted for the Article 4 first subparagraph of Article 10 (1 ) of Regulation (EEC) No 166/71 : 1 . The following text shall be substituted for the ' 1 . The shrimps referred to in Article 1 text of Article 3 ( 1 ), (2) and (3 ) of Regulation (EEC) imported from third countries may be put on the No 166/71 : market for human consumption in the Community only if:' ' 1 . Shrimps referred to in Article 1 which form part of Community production may be marketed 2. The following text shall be substituted for the for human consumption within the Community text of Article 10 (2) of Regulation (EEC) No only if they comply with the provisions of this 166/71 : Regulation. '2. However, shrimps landed in a Community 2. The shrimps referred to in Article 1 which vf port direct from fishing grounds from vessels are graded in Size Category 2 referred to in flying the flag of a third country and intended for Article 7 ( 1 ) may not be marketed for human marketing for human consumption shall be . consumption . subject, when put on the market, to the same provisions as those applicable to Community 3 . The provisions of this Regulation shall not, catches .' however, apply to small quantities of shrimps disposed of by inshore fishermen direct to retailers or to consumers .' Article 8

2. In Article 3 (4) of Regulation (EEC) No 166/71 This Regulation shall enter into force on the third the words 'in respect of shrimps graded in Size day following its publication in the Official Journal Category 2, referred to in Article 7 (1 )' shall be deleted. of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States . Done at Brussels, 25 May 1971 . For the Council The President M. COINTAT