Council Regulation (EC) No 2406/96 of 26 November 1996 laying down common marketing standards for certain fishery products

A.

General provisions

Article 1

For the purpose of this Regulation:

(a) ‘marketing’shall mean the first offer for sale and/or the first sale, on Community territory, for human consumption;

(b) ‘lot’shall mean a quantity of fishery products of a given species which has been subjected to the same treatment and may have come from the same fishing grounds and the same vessel;

(c) ‘fishing grounds’shall be interpreted as the customary name given by the fishing industry to the place in which catches have been taken;

(d) ‘presentation’ shall mean the form in which the fish is marketed, such as whole, gutted, headless, etc.;

(e) ‘ visible parasite’shall mean a parasite or a group of parasites which has dimension, colour or texture which is clearly distinguishable from fish tissues and can be seen without optical means of magnifying and under good light conditions for human vision.

(a) The provisions of this Regulation relating to the freshness categories for fishery products shall apply without prejudice to the requirements of Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products (⁴).

(b) Pending the adoption of a Commission Decision under Directive 91/493, the criteria for fish which is unfit for human consumption are set out in the ‘not admitted’ category in Annex I to this Regulation:

Article 2

Article 3

Common marketing standards are hereby laid down for the following products:

(a) Saltwater fish falling under CN code 0302 : — plaice (Pleuronectes platessa), — albacore or longfinned tuna (Thunnus alalunga), — bluefin tuna (Thunnus thynnus), — bigeye tuna (Thunnus or Parathunnus obesus), — herring of the species Clupea harengus, — cod of the species Gadus morhua, — sardine of the species Sardina pilchardus, — haddock (Melanogrammus aeglefinus), — saithe (Pollachius virens), — pollack (Pollachius pollachius), — mackerel of the species Scomber scombrus, — mackerel of the species Scomber japonicus, — horse mackerel (Trachurus spp.), — dogfish (Squalus acanthias and Scyliorhinus spp.), — redfish (Sebastes spp.), — whiting (Merlangius merlangus), — blue whiting (Micromestistius poutassou or Gadus poutassou), — ling (Molva spp.), — anchovy (Engraulis spp.), — hake of the species Merluccius merluccius, — megrim (Lepidorhombus spp.), — Ray's bream (Brama spp.), — anglerfish (Lophius spp.), — dab (Limanda limanda), — lemon sole (Microstomus kitt), — pouting (Trisopterus luscus), and poor cod/Mediterranean cod (Trisopterus minutus), — bogue (Boops boops) — picarel (Maena smaris), — conger (Conger conger), — gurnard (Trigla spp.), — mullet (Mugil spp.), — skate (Raja spp.), — Common flounder (Platichthys flesus), — sole (Solea spp.), — scabbardfish (Lepidopus caudatus and Aphanopus carbo), — Striped or red mullet (Mullus barbatus, Mullus surmuletus), — Black sea bream (Spondyliosoma cantharus), — Sprat (Sprattus sprattus);

(b) Crustaceans falling under CN code 0306 whether presented live, fresh or chilled, or cooked by steaming or by boiling in water: — shrimps (Crangon crangon) and pandalid shrimps (Pandalus borealis), — edible crabs (Cancer pagurus), — norway lobsters (Nephrops norvegicus);

(c) — Cephalopods falling under CN code 0307 : — cuttlefish (Sepia officinalis and Rossia macrosoma);

(d) Common scallop and other aquatic invertebrates falling within code NC 0307 : — Common scallop (Pecten maximus), — Common whelk (Buccinum undatum).

The marketing standards referred to in paragraph 1 shall comprise:

(a) freshness categories; and

(b) size categories.

B.

Freshness categories

Article 4

Freshness shall be defined by reference to the special ratings for different types of products set out in Annex I.

On the basis of the ratings referred to in paragraph 1, products as specified in Article 3 shall be classified by lot in one of the following freshness categories:

(a) Extra, A or B in the case of fish, selachii, cephalopods and Norway lobsters;

(b) Extra or A in the case of shrimps.

However, live Norway lobsters shall be classified in category E.

However, only whole crabs, excluding berried females or soft-shelled crabs, may be marketed.

Article 5

Article 6

C.

Size categories

Article 7

The minimum sizes established by this Regulation, in accordance with the scale set out in Annex II, shall apply without prejudice to the minimum lengths required under:

— Council Regulation (EEC) No 1866/86 of 12 June 1986 laying down certain technical measures for the conservation of fishery resources in the waters of the Baltic Sea, the Belts and the Sound (⁵),

— Council Regulation (EEC) No 3094/86 of 7 October 1986 laying down certain technical measures for the conservation of fishery resources (⁶),

— Council Regulation (EEC) No 1626/94 of 27 June 1994 laying down certain technical measures for the conservation of fishery resources in the Mediterranean (⁷).

For the purposes of control by the competent authorities, the species covered by marketing standards shall respect the minimum biological sizes as laid down and which are set out in Annex II.

Article 8

The net weight in kilograms shall be clearly and legibly marked on each lot. Where lots are put up for sale in standard boxes, the net weight need not be shown if the contents of the box are shown, when weighed before being put up for sale, to correspond to the presumed contents expressed in kilograms.

Article 9

Pelagic species may be graded in the different categories of freshness and size on the basis of a system of sampling. This system must ensure that the freshness and size of the products contained in the lot are as uniform as possible.

Detailed rules for the application of this Article, in particular for determining the number of samples to be taken, the weight or volume of fish in each sample, and the methods for assessing the grading and verifying the weight of lots offered for sale shall be adopted in accordance with the procedure laid down in Article 32 of the basic Regulation.

Article 10

In order to ensure local or regional supplies of shrimps and crabs for certain coastal zones of the Community, exemptions from the minimum sizes specified for these products in Annex II may be adopted.

The zones in question shall be determined and the corresponding marketing sizes adopted in accordance with procedure laid down in Article 32 of the basic Regulation.

D.

D. Products from third countries

Article 11

Without prejudice to Article 2 (1), products as specified in Article 3 imported from third countries may be marketed only if they are presented in packages on which the following information is clearly and legibly marked:

— country of origin, printed in Roman letters at least 20 mm high,

— scientific name of product and its trade name,

— presentation,

— freshness and size categories,

— net weight in kilograms of products in the package,

— date of grading and date of dispatch,

— name and address of consignor.

E.

Final provisions

Article 12

Article 13

Each Member State shall provide the other Member States and the Commission, not later than one month before this Regulation enters into force, with a list of the names and addresses of the experts and trade organizations referred to in Article 12. The other Member States and the Commission shall be informed of any amendments to the list.

Article 14

Before 31 December 2001, the Commission shall submit to the Council a report on the results of the application of Article 6 (1) of this Regulation, accompanied, if need be, by appropriate proposals.

Article 15

Regulations (EEC) No 103/76 and (EEC) No 104/76 are hereby repealed. References to those Regulations shall be understood to apply to this Regulation.

Article 16

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I

The ratings established in this Annex apply to the following products or groups of products, by reference to appraisal criteria specific to each of them.

A. Whitefish

Haddock, cod, saithe, pollack, redfish, whiting, ling, hake, Ray's bream, anglerfish, pouting and poor cod, bogue, picarel, conger, gurnard, mullet, plaice, megrim, sole, dab, lemon sole, flounder, scabbard fish.

B. Bluefish

Albacore or longfinned tuna, bluefin tuna, bigeye tuna, blue whiting, herring, sardines, mackerel, horse mackerel, anchovy , sprat.

C. Selachii

Dogfish, skate.

D. Cephalopods

Cuttlefish.

E. Crustaceans

A. WHITEFISH

	Criteria
Freshness category	Not admitted (1)
Extra	A	B
Skin	Bright, iridescent pigment (save for redfish) or opalescent; no discolouration	Pigmentation bright but not lustrous	Pigmentation in the process of becoming discoloured and dull	Dull pigmentation (2)
Skin mucus	Aqueous, transparent	Slightly cloudy	Milky	Yellowish grey, opaque mucus
Eye	Convex (bulging); black, bright pupil; transparent cornea	Convex and slightly sunken; black dull pupil; slightly opalescent cornea	Flat; opalescent cornea; opaque pupil	Concave in the centre; grey pupil; milky cornea (2)
Gills	Bright colour; no mucus	Less coloured; transparent mucus	Brown/grey becoming discoloured; thick, opaque mucus	Yellowish; milky mucus (2)
Peritoneum (in gutted fish)	Smooth; bright; difficult to detach from flesh	Slightly dull; can be detached from flesh	Speckled; comes away easily from flesh	Does not stick (2)
Smell of gills and abdominal cavity				(2)
— whitefish other than plaice	Seaweedy	No smell of seaweed; neutral smell	Fermented; slightly sour	Sour
— plaice	Fresh oily; peppery; earthy smell	Oily; seaweedy or slightly sweetish	Oily; fermented; stale, slightly rancid	Sour
Flesh	Firm and elastic; smooth surface (3)	Less elastic	Slightly soft (flaccid), less elastic; waxy (velvety) and dull surface	Soft (flaccid) (2); scales easily detached from skin, surface rather wrinkled
Extra criteria for headed anglerfish
Blood vessles (vental muscles)	Sharp outline and bright red	Sharp outline; darkening of the blood	Diffuse and brown	Totally (2) diffuse, brown and yellowing of the flesh
(1) This column will apply only until a Commission Decision is taken establishing criteria for fish which is unfit for human consumption, pursuant to Council Directive 91/493/EEC. (2) Or in a more advanced state of decay. (3) Fresh fish prior to the onset of rigor mortis will not be firm and elastic but will still be graded in category Extra.

B. BLUEFISH

	Criteria
Freshness category	Not admitted (1)
Extra	A	B
Skin (2)	Bright pigmentation, bright, shining iridescent colours; clear distinction between dorsal and central surfaces	Loss of lustre and shine; duller colours; less difference between dorsal and ventral surfaces	Dull, lustreless, insipid colours; skin creased when fish curved	Very dull pigmentation; skin coming away from flesh (3)
Skin mucus	Aqueous, transparent	Slightly cloudy	Milky	Yellowish grey, opaque mucus (3)
Consistency of flesh (2)	Very firm, rigid	Fairly rigid, firm	Slightly soft	Soft (flaccid) (3)
Gill covers	Silvery	Silvery, slightly red or brown	Brownish and extensive seepage of blood from vessels	Yellowish (3)
Eye	Convex, bulging; blue-black bright pupil, transparent ‘eyelid’	Convex and slightly sunken; dark pupil; slightly opalescent cornea	Flat; blurred pupil; blood seepage around the eye	Concave in the centre; grey pupil; milky cornea (3)
Gills (2)	Uniformly dark red to purple. No mucus	Less bright colour, paler at edges. Transparent mucus	Becoming thick discoloured opaque mucus	Yellowish; milky mucus (3)
Smell of gills	Fresh seaweed; pungent; iodine	No smell or seaweed. Neutral smell	Slightly sulphureous (4) fatty smell, rancid bacon cuttings or rotten fruit	Rotten sour (3)
(1) This column will apply only until a Commission Decision is taken establishing criteria for fish which is unfit for human consumption, pursuant to Council Directive 91/493/EEC. (2) For herring and mackerel preserved in cool seawater (either chilled by ice (CSW) or refrigerated by mechanical means (RSW)) complying with the requirements laid down in Directive 92/48/EEC (OJ No L 187, 7. 7. 1992, p. 41) Annex II, point 8, the following freshness categories apply: — criterion A applies for Extra and A categories. (3) Or in a more advanced state of decay. (4) Iced fish goes rancid before stale, CSW/RSW fish goes stale before rancid.

C. SELACHII

	Criteria
Freshness category	Not admitted (16)
Extra	A	B
Eye	Convex, very bright and iridescent; small pupils	Convex and slightly sunken; loss of brightness and iridescence, oval pupils	Flat, dull	Concave yellowish (17)
Appearance	In rigor mortis or partially in rigor; small quantity of clear mucus present on skin	Beyond rigor stage; no mucus on skin and especially in mouth and gill openings	Some mucus in mouth and on gill openings; slightly flattened jaw	Large quantities of mucus in mouth and on gill openings (17)
Smell	Seaweed smell	No smell or very slight stale but not an ammonia smell	Slight ammonia; sour	Pungent ammonia smell ()
	Extra	A	B	Not admitted
---	---	---	---	---
Skin	Bright, iridescent and shiny pigmentation, aqueous mucus	Bright pigmentation, aqueuous mucus	Pigmentation in the process of becoming discoloured and dull, opaque mucus	Discolouration, skin creased, thick mucus
Texture of the flesh	Firm and elastic	Firm	Soft	Flaccid
Aspect	Edge ot the fins translucent and curved	Stiff fins	Soft	Drooping
Belly	White and shiny with a mauvish edge around the fins	White and shiny with red patches limited to around the fins	White and dull, with numerous red or yellow patches	Yellow to greenish bellies red patches in the flesh itself

D. CEPHALOPODS

	Criteria
Freshness category
Extra	A	B
Skin	Bright pigmentation, skin sticks to flesh	Dull pigmentation; skin sticks to flesh	Discoloured; easily detached from flesh
Flesh	Very firm; pearly white	Firm; chalky white	Slightly soft; pinky white or slightly yellowing
Tentacles	Resistant to removal	Resistant to removal	More easily removed
Smell	Fresh; seaweed	Slightly or no smell	Ink smell

E. CRUSTACEANS