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Council Regulation(EC) No 2406/96Show full title

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

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Changes over time for: Council Regulation(EC) No 2406/96 (without Annexes)

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A.U.K.General provisions

Article 1U.K.

1.This Regulation lays down, for certain fishery products, common marketing standards as provided for in [F1Article 33 of Regulation (EU) No 1379/2013], hereinafter called the ‘basic Regulation’.

2.For the purpose of this Regulation:

(a) ‘marketing’

shall mean the first offer for sale and/or the first sale, [F2 in the United Kingdom], 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.

F33.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 2U.K.

1.Fishery products, as specified in Article 3, of [F4United Kingdom] origin or from third countries, may be marketed only if they meet the requirements of this Regulation.

2.This Regulation shall not, however, apply to small quantities of products disposed of directly to retailers or consumers by inshore fishermen.

[F53.A fisheries administration may make regulations specifying detailed rules for the application of this Article.

4.Subject to paragraph 5, the Secretary of State may make regulations specifying detailed rules for the application of this Article.

5.Where the exercise of the power to make regulations under paragraph 3 would be outside the jurisdiction of the Secretary of State under Article 1(7) of Regulation (EU) No 1380/2013, before making such regulations under the power in paragraph 4 the Secretary of State must obtain the consent of—

(a)the Scottish Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(3) of that Regulation;

(b)the Welsh Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(4) of that Regulation;

(c)the Department of Agriculture, Environment and Rural Affairs, in Northern Ireland, to the extent that the exercise of the power would be within its jurisdiction under Article 1(5) of that Regulation.

6.Article 43 of Regulation (EU) No 1379/2013 applies in relation to regulations made under this Article in the same way that it applies to regulations made under that Regulation.]

Article 3U.K.

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

(a)Saltwater fish falling under CN code 0302:

  • (a)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)[F6,]

  • [F7Striped or red mullet ( Mullus barbatus , Mullus surmuletus ),

  • Black sea bream ( Spondyliosoma cantharus ) [F8,] ]

  • [F9Sprat ( Sprattus sprattus );]

(b)Crustaceans falling under CN code 0306 whether presented live, fresh or chilled, or cooked by steaming or by boiling in water:

  • (b)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) [F6;]

[F7(d) Common scallop and other aquatic invertebrates falling within code NC 0307 :

  • [F7(d) Common scallop ( Pecten maximus ),

  • Common whelk ( Buccinum undatum ).]

2.The marketing standards referred to in paragraph 1 shall comprise:

(a)freshness categories; and

(b)size categories.

B.U.K.Freshness categories

Article 4U.K.

1.The freshness category of each lot shall be determined on the basis of the freshness of the product and a number of additional requirements.

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

2.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.

[F63. The crab, common scallop and common whelk referred to in Article 3 shall not be classified according to specific standards of freshness.]

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

Article 5U.K.

1.Each lot must contain products of the same degree of freshness. A small lot need not, however, be of uniform freshness; if it is not, the lot shall be placed in the lowest freshness category represented therein.

2.The freshness category must be clearly and indelibly marked, in characters which are at least 5 cm high, on labels affixed to the lot.

Article 6U.K.

F101.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.Fish, selachii, cephalopods and Norway lobster in freshness category Extra must be free of pressure marks, injuries, blemishes and bad discolouration.

3.Fish, selachii, cephalopods and Norway lobster in freshness category A must be free or blemishes and bad discolouration. A very small proportion with slight pressure marks and superficial injuries shall be tolerated.

4.For fish, selachii, cephalopods and Norway lobster in freshness category B, a small proportion with more serious pressure marks and superficial injuries shall be tolerated. Fish must be free of blemishes and bad discolouration.

5.When products are being classified by freshness category, without prejudice to the health rules applicable, the presence of visible parasites and their possible effect on the quality of the product shall also be taken into consideration, allowance being made for the type of product and its presentation.

F116.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C.U.K.Size categories

Article 7U.K.

[F61.The products referred to in Article 3 shall be sized by weight or by number per kilogram. Shrimps and crabs, however, shall be graded in size categories by width of shell; common scallops and common whelks shall be graded in size categories by width of shell.]

2.The minimum sizes established by this Regulation, in accordance with the scale set out in Annex II, shall apply without prejudice to [F12minimum conservation reference sizes set out in other relevant retained direct EU legislation]

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 8U.K.

1.Lots shall be placed in size categories in accordance with the scale set out in Annex II.

2.Each lot must contain products of the same size. A small lot need not, however, be of uniform size; if it is not of uniform size, the lot shall be placed in the lowest size category represented therein.

3.The size category and presentation must be clearly and indelibly marked, in characters which are at least 5 cm high, on labels affixed to the lot.

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.

[F144.A fisheries administration may make regulations specifying detailed rules for the application of this Article, in particular as regards the method of weighing and the determination of a variation in the net weight, above or below that marked or presumed, permitted for each lot.

5.Subject to paragraph 6, the Secretary of State may make regulations specifying detailed rules for the application of this Article, in particular as regards the method of weighing and the determination of a variation in the net weight, above or below that marked or presumed, permitted for each lot.

6.Where the exercise of the power to make regulations under paragraph 4 would be outside the jurisdiction of the Secretary of State under Article 1(7) of Regulation (EU) No 1380/2013, before making such regulations under the power in paragraph 5 the Secretary of State must obtain the consent of—

(a)the Scottish Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(3) of that Regulation;

(b)the Welsh Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(4) of that Regulation;

(c)the Department of Agriculture, Environment and Rural Affairs, in Northern Ireland, to the extent that the exercise of the power would be within its jurisdiction under Article 1(5) of that Regulation.

7.Article 43 of Regulation (EU) No 1379/2013 applies in relation to regulations made under this Article in the same way that it applies to regulations made under that Regulation.]

[F15Article 9U.K.

1.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.

2.A fisheries administration may make regulations specifying 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.

3.Subject to paragraph 4, the Secretary of State may make regulations specifying detailed rules for the application of this Article, 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.

4.Where the exercise of the power to make regulations under paragraph 2 would be outside the jurisdiction of the Secretary of State under Article 1(7) of Regulation (EU) No 1380/2013, before making such regulations under the power in paragraph 3 the Secretary of State must obtain the consent of—

(a)the Scottish Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(3) of that Regulation;

(b)the Welsh Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(4) of that Regulation;

(c)the Department of Agriculture, Environment and Rural Affairs, in Northern Ireland, to the extent that the exercise of the power would be within its jurisdiction under Article 1(5) of that Regulation.

5.Article 43 of Regulation (EU) No 1379/2013 applies in relation to regulations made under this Article in the same way that it applies to regulations made under that Regulation.]

Article 10U.K.

In order to ensure local or regional supplies of shrimps and crabs for certain coastal zones of the [F16United Kingdom], exemptions from the minimum sizes specified for these products in Annex II may be adopted.

[F17A fisheries administration may, by regulations, determine the zones in question and the corresponding marketing sizes. Article 43 of Regulation (EU) No 1379/2013 applies in relation to regulations made under this Article in the same way that it applies to regulations made under that Regulation.]

D.U.K.D. Products from third countries

Article 11U.K.

1.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.

2.However, products as specified in Article 3 landed in a [F18United Kingdom] port direct from the fishing grounds from vessels flying the flag of a third country, and intended for marketing, shall be subject to the same provisions as those applicable to [F18United Kingdom] catches, without prejudice to [F19Council Regulation (EC) No 1005/2008].

E.U.K.Final provisions

Article 12U.K.

1.The fishing industry shall grade fishery products for freshness categories Extra, A and B and size in collaboration with experts designated for that purpose by the trade organizations concerned. [F20A fisheries administration must] carry out controls to ensure compliance with the provisions of this Article.

2.Should the grading not be carried out according to the procedure provided for in paragraph 1, [F21a fisheries administration] may undertake this grading themselves.

F22Article 13U.K.

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F23Article 14U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 15U.K.

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.

F24Article 16U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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