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

C. U.K. Size categories

Article 7 U.K.

[F1 1. 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 [F2 minimum conservation reference sizes set out in other relevant retained direct EU legislation]

• F3 ...

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.

Textual Amendments

F1 Substituted by Council Regulation (EC) No 2578/2000 of 17 November 2000 amending Regulation (EC) No 2406/96 laying down common marketing standards for certain fishery products.

F2 Words in Art. 7(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 20(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 7(2) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 20(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F1 Substituted by Council Regulation (EC) No 2578/2000 of 17 November 2000 amending Regulation (EC) No 2406/96 laying down common marketing standards for certain fishery products.

F2 Words in Art. 7(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 20(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 7(2) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 20(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 8 U.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.

[F4 4. 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.]

Textual Amendments

F4 Art. 8(4)-(7) substituted for Art. 8(4) (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 34(3); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F4 Art. 8(4)-(7) substituted for Art. 8(4) (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 34(3); 2020 c. 1, Sch. 5 para. 1(1)

[F5 Article 9 U.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.]

Textual Amendments

F5 Art. 9 substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 34(4); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F5 Art. 9 substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 34(4); 2020 c. 1, Sch. 5 para. 1(1)

Article 10 U.K.

In order to ensure local or regional supplies of shrimps and crabs for certain coastal zones of the [F6 United Kingdom], exemptions from the minimum sizes specified for these products in Annex II may be adopted.

[F7 A 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.]

Textual Amendments

F6 Words in Art. 10 substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 34(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 10 substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 34(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F6 Words in Art. 10 substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 34(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 10 substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 34(5)(b); 2020 c. 1, Sch. 5 para. 1(1)