
REGULATION (EU) No 1379/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 42 and 43(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee,
Having regard to the opinion of the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure,
Whereas:

(1) The scope of the Common Fisheries Policy (CFP) extends to measures related to the markets for fishery and aquaculture products in the Union. The common organisation of the markets in fishery and aquaculture products (CMO) is an integral part of the CFP and should contribute to achieving its objectives. Since the CFP is being revised, the CMO should be adapted accordingly.

(2) Council Regulation (EC) No 104/2000 needs to be revised in order to take account of shortcomings detected in the implementation of the provisions currently in force, recent developments in Union and world markets, and the evolution of fishing and aquaculture activities.

(3) Fishing plays a particularly important role in the economies of the Union's coastal regions, including the outermost regions. Given that it provides fishermen in those regions with their livelihood, steps should be taken to foster market stability and a closer correlation between supply and demand.

(4) The provisions of the CMO should be implemented in compliance with the international commitments of the Union, in particular with regard to those under the provisions of the World Trade Organisation. When trading in fishery and aquaculture products with third countries, the conditions for fair competition should be ensured, in particular through respect for sustainability and the application of social standards equivalent to those which apply to Union products.

(5) It is important that the management of the CMO be guided by the principles of good governance of the CFP.

(6) In order for the CMO to be a success, it is essential that consumers are informed, through marketing and educational campaigns, of the value of eating fish and the wide variety of species available, as well as of the importance of understanding the information contained on labels.

(7) Fishery producer organisations and aquaculture producer organisations (‘producer organisations’) are the key to achieving the objectives of the CFP and of the CMO. It is therefore necessary to enhance their responsibilities and to provide the necessary financial support to allow them to play a more meaningful role in the day-to-day management of fisheries, whilst respecting the framework defined by objectives of the CFP. It is also necessary to ensure that their members carry out fishing and aquaculture activities in a sustainable manner, improve the placing on the market of products, collect information on aquaculture and improve their incomes. When achieving those objectives, producer organisations should take into account the different conditions of the fishery and aquaculture sectors that prevail in the Union, including in the outermost regions, and in particular the special characteristics of small-scale fisheries and extensive aquaculture. It should be possible for competent national authorities to take responsibility for the implementation of those objectives, working closely with producer organisations on management issues, including, where appropriate, the allocation of quotas and the management of fishing effort, depending on the needs of each particular fishery.

(8) Measures should be taken to encourage the appropriate and representative participation of small-scale producers.

(9) In order to strengthen the competitiveness and viability of producer organisations, appropriate criteria for their establishment should be clearly defined.

(10) Inter-branch organisations consisting of different categories of operators in the fishery and aquaculture sector have the potential to help improve the coordination of marketing activities along the supply chain and to develop measures of interest for the whole sector.

(11) It is appropriate to lay down common conditions for the recognition of producer organisations and inter-branch organisations by Member States, for the extension of the rules adopted by producer organisations and inter-branch organisations, and for the costs resulting from such extension to be shared. The extension of the rules should be subject to authorisation by the Commission.

(12) As fish stocks are shared resources, their sustainable and efficient exploitation can, in certain instances, be better achieved by organisations composed of members from different Member States and different regions. Therefore, it is also necessary to encourage the possibility of setting up producer organisations and associations of producer organisations at national or transnational level based, where appropriate, on biogeographical regions. Such organisations should be partnerships that seek to lay down common and binding rules and to provide a level-playing field for all stakeholders that are engaged in the fishery. In setting up such organisations, it is necessary to ensure that they remain subject to the competition rules provided for in this Regulation and that the need to maintain the link between individual coastal communities and the fisheries and waters that they have historically exploited is respected.

(13) The Commission should encourage supportive measures to foster the participation of women in aquaculture producer organisations.

(14) In order to be able to steer their members towards sustainable fishery and aquaculture activities, producer organisations should prepare and submit to the competent authorities of their Member States a production and marketing plan containing the measures necessary for them to fulfil their objectives.

(15) In order to achieve the objectives of the CFP as regards discards, widespread use needs to be made of selective fishing gear that will prevent under-sized fish from being caught.

(16) The unpredictability of fishing activities makes it appropriate to set up a mechanism for storing fishery products for human consumption with a view to fostering greater market stability and increasing the return on products, in particular by creating added value. That mechanism should contribute to the stabilisation and convergence of local markets in the Union with a view to achieving the objectives of the internal market.

(17) In order to take account of the diversity of prices throughout the Union, each fishery producer organisation should be entitled to make a proposal for a price to trigger the storage mechanism. That trigger price should be set in such a way that fair competition between operators is maintained.

(18) The establishment and application of common marketing standards should enable the market to be supplied with sustainable products and the full potential of the internal market in fishery and aquaculture products to be realised, and should facilitate marketing activities based on fair competition, thereby helping to improve the profitability of production. To that end, the existing marketing standards should continue to apply.

(19) It is necessary to ensure that imported products entering the Union market comply with the same requirements and marketing standards that Union producers have to comply with.

(20) In order to guarantee a high level of protection of human health, fishery and aquaculture products placed on the Union market, regardless of their origin, should comply with applicable rules on food safety and hygiene.

(21) In order to enable consumers to make informed choices, it is necessary for them to be provided with clear and comprehensive information on, inter alia, the origin and the method of production of the products.

(22) The use of an eco-label for fishery and aquaculture products, whether or not they originate from inside or outside the Union, offers the possibility of providing clear information on the ecological sustainability of such products. It is therefore necessary for the Commission to examine the possibility of developing and establishing minimum criteria for the development of a Union-wide eco-label for fishery and aquaculture products.

(23) For the purpose of consumer protection, competent national authorities responsible for monitoring and enforcing the fulfilment of the obligations laid down in this Regulation should make full use of available technology, including DNA-testing, in order to deter operators from falsely labelling catches.

(24) The rules on competition relating to agreements, decisions and practices referred to in Article 101 of the Treaty on the Functioning of the European Union (TFEU) should apply to the production or marketing of fishery and aquaculture products, in so far as their application does not impede the functioning of the CMO or jeopardise the achievement of the objectives laid down in Article 39 TFEU.

(25) It is appropriate to lay down competition rules applicable to the production and marketing of fishery and aquaculture products, taking into account the specific characteristics of the fishery and aquaculture sector, including fragmentation of the sector, the fact that fish are a shared resource and the large extent of imports, which should be subject to the same rules as Union fishery and aquaculture products. In the interests of simplification, the relevant provisions of Council Regulation (EC) No 1184/2006 should be incorporated into this Regulation. Regulation (EC) No 1184/2006 should, therefore, no longer be applicable to fishery and aquaculture products.

(26) It is necessary to improve the gathering, processing and disseminating of economic information on the markets in fishery and aquaculture products in the Union.

(27) In order to ensure uniform conditions for the implementation of the provisions of this Regulation in respect of: the time–limits, procedures and form of applications for the recognition of producer and inter-branch organisations and for the withdrawal of such recognition; the formats, time–limits and procedures of the Member States for communicating decisions to grant or withdraw recognition; the format and the procedure of the notification by the Member States of rules binding on all producers or operators; the format and structure of the production and marketing plans, as well as the procedure and the time–limits for submission and approval of them; the format of publication by the Member States of the trigger prices, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.

(28) Regulation (EC) No 104/2000 should be repealed. However, in order to ensure continuity in the provision of consumer information, Article 4 thereof should continue to apply until 12 December 2014.

(29) Since the objective of this Regulation, namely the establishment of the common organisation of the markets in fishery and aquaculture products, cannot be sufficiently achieved by the Member States due to the common nature of the market in fishery and aquaculture products and can therefore, by reason of its scale and effects and the need for common action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve this objective.

(30) Regulations (EC) No 1184/2006 and (EC) No 1224/2009 should therefore be amended accordingly,
HAVE ADOPTED THIS REGULATION:

CHAPTER I
GENERAL PROVISIONS
Subject matter
Article 1 

1. A common organisation of the markets in fishery and aquaculture products (CMO) is hereby established.
2. The CMO shall be comprised of the following elements:
(a) professional organisations;
(b) marketing standards;
(c) consumer information;
(d) competition rules;
(e) market intelligence.
3. The CMO shall be supplemented, as regards external aspects, by ... Regulation (EU) No 1026/2012 of the European Parliament and of the Council.
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Scope
Article 2 
The CMO shall apply to the fishery and aquaculture products listed in Annex I to this Regulation, which are marketed in the United Kingdom.
Objectives
Article 3 
The objectives of the CMO are those laid down in Article 35 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council.
Principles
Article 4 
The CMO shall be guided by the principles of good governance laid down in Article 3 of Regulation (EU) No 1380/2013.
Definitions
Article 5 
For the purposes of this Regulation, the definitions referred to in Article 4 of Regulation (EU) No 1380/2013, as well as those referred to in Article 4 of Council Regulation (EC) No 1224/2009, in Article 2 of Regulation (EU) No 1169/2011 of the European Parliament and of the Council, in Articles 2 and 3 of Regulation (EC) No 178/2002 of the European Parliament and of the Council, and in Article 3 of Regulation (EC) No 1333/2008 of the European Parliament and of the Council, shall apply. The following definitions shall also apply:
((a)) 'fishery products' mean aquatic organisms resulting from any fishing activity or products derived therefrom, as listed in Annex I;
((b)) 'aquaculture products' mean aquatic organisms at any stage of their life cycle resulting from any aquaculture activity or products derived therefrom, as listed in Annex I;
((c)) 'producer' means any natural or legal person using means of production to obtain fishery or aquaculture products with a view to placing them on the market;
((d)) 'fishery and aquaculture sector' means the sector of the economy which comprises all activities of production, processing and marketing of fishery or aquaculture products;
((e)) 'making available on the market' means any supply of a fishery or aquaculture product for distribution, consumption or use on the United Kingdom market in the course of a commercial activity, whether in return for payment or free of charge;
((f)) 'placing on the market' means the first making available of a fishery or aquaculture product on the United Kingdom market;
((g)) 'retail' means the handling and/or processing of food and its storage at the point of sale or delivery to the final consumer, including distribution terminals, catering operations, factory canteens, institutional catering, restaurants and other similar food service operations, shops, supermarket distribution centres and wholesale outlets;
((h)) 'prepacked fishery and aquaculture products' mean fishery and aquaculture products which are 'prepacked food' as referred to in point (e) of Article 2(2) of Regulation (EC) No 1169/2011.
CHAPTER II
PROFESSIONAL ORGANISATIONS
SECTION I
Establishment, objectives and measures
Establishment of fishery producer organisations and aquaculture producer organisations
Article 6 

1. Fishery producer organisations and aquaculture producer organisations (‘producer organisations’) may be established on the initiative of producers of fishery or aquaculture products in the United Kingdom and recognised in accordance with Section II.
2. Where relevant, the specific situation of small-scale producers shall be taken into account when establishing producer organisations.
3. A producer organisation that is representative of both fishery and aquaculture activities may be established as a joint fishery and aquaculture producer organisation.
Objectives of producer organisations
Article 7 

1. Fishery producer organisations shall pursue the following objectives:
(a) promoting the viable and sustainable fishing activities of their members in full compliance with the conservation policy, as laid down, in particular, in Regulation (EU) No 1380/2013 and in environmental law, while respecting social policy and, where a fisheries administration so provides, participating in the management of marine biological resources;
(b) avoiding and reducing as far as possible unwanted catches of commercial stocks and, where necessary, making the best use of such catches, without creating a market for those that are below the minimum conservation reference size, in accordance with Article 15 of Regulation (EU) No 1380/2013;
(c) contributing to the traceability of fishery products and access to clear and comprehensive information for consumers;
(d) contributing to the elimination of illegal, unreported and unregulated fishing.
2. Aquaculture producer organisations shall pursue the following objectives:
(a) promoting the sustainable aquaculture activities of their members through providing opportunities for their development in full compliance with, in particular, Regulation (EU) No 1380/2013 and with environmental law, while respecting social policy;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) endeavouring to ensure that aquaculture feed products of fishery origin come from fisheries that are sustainably managed.
3. Producer organisations shall, in addition to the objectives laid down in paragraphs 1 and 2, pursue two or more of the following objectives:
(a) improving the conditions for the placing on the market of their members' fishery and aquaculture products;
(b) improving economic returns;
(c) stabilising the markets;
(d) contributing to food supply and promoting high food quality and safety standards, whilst contributing to employment in coastal and rural areas;
(e) reducing the environmental impact of fishing, including through measures to improve the selectivity of fishing gears.
4. Producer organisations may pursue other complementary objectives.
Measures deployable by producer organisations
Article 8 

1. In order to achieve the objectives set out in Article 7, producer organisations may, inter alia, make use of the following measures:
(a) adjusting production to market requirements;
(b) channelling the supply and marketing of their members' products;
(c) promoting the United Kingdom fishery and aquaculture products of their members in a non-discriminatory manner by using, for example, certification, and in particular designations of origin, quality seals, geographical designations, traditional specialities guaranteed, and sustainability merits;
(d) controlling and taking measures to ensure that their members' activities comply with the rules established by the producer organisation concerned;
(e) promoting vocational training and cooperation programmes to encourage young people to enter the sector;
(f) reducing the environmental impact of fishing, including through measures to improve the selectivity of fishing gears;
(g) promoting the use of information and communication technology to improve marketing and prices;
(h) facilitating consumer access to information on fishery and aquaculture products.
2. Fishery producer organisations may also make use of the following measures:
(a) collectively planning and managing the fishing activities of their members, subject to the organisation, by a fisheries administration, of the management of marine biological resources, including developing and implementing measures to improve the selectivity of fishing activities and advising competent authorities;
(b) avoiding and minimising unwanted catches through involvement in the development and application of technical measures, and making the best use of unwanted catches of commercial stocks without creating a market for those catches that are below the minimum conservation reference size, in accordance with Article 15(11) of Regulation (EU) No 1380/2013 and Article 34(2) of this Regulation, as appropriate;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. Aquaculture producer organisations may also make use of the following measures:
(a) promoting sustainable aquaculture activities, notably in terms of environmental protection, animal health and animal welfare;
(b) collecting information on the marketed products, including economic information on first sales, and on production forecasts;
(c) collecting environmental information;
(d) planning the management of the aquaculture activities of their members;
(e) supporting programmes for professionals to promote sustainable aquaculture products;
(f) managing temporary storage for aquaculture products in accordance with Articles 30 and 31 of this Regulation.
Establishment of associations of producer organisations
Article 9 

1. An association of producer organisations may be established at the initiative of producer organisations recognised in the United Kingdom.
2. The provisions of this Regulation applicable to producer organisations shall also apply to associations of producer organisations unless stated otherwise.
Objectives of associations of producer organisations
Article 10 

1. Associations of producer organisations shall pursue the following objectives:
(a) performing in a more efficient and sustainable manner any of the objectives of the member producer organisations laid down in Article 7;
(b) coordinating and developing activities of common interest for the member producer organisations.
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Establishment of inter-branch organisations
Article 11 
Inter-branch organisations may be established at the initiative of operators of fishery and aquaculture products in the United Kingdom and recognised in accordance with Section II.
Objectives of inter-branch organisations
Article 12 
Inter-branch organisations shall improve the coordination of, and the conditions for, making fishery and aquaculture products available on the ... market.
Measures deployable by inter-branch organisations
Article 13 
In order to achieve the objectives referred to in Article 12, inter-branch organisations may make use of the following measures:

((a)) drawing up standard contracts which are compatible with applicable legislation;
((b)) promoting United Kingdom fishery and aquaculture products in a non-discriminatory manner by using, for example, certification, and in particular designations of origin, quality seals, geographical designations, traditional specialities guaranteed, and sustainability merits;
((c)) laying down rules on the production and marketing of fishery and aquaculture products which are stricter than those laid down in ... legislation;
((d)) improving quality, knowledge of, and the transparency of, production and the market, as well as carrying out professional and vocational training activities, for example, on quality and traceability matters, on food safety and in order to encourage research initiatives;
((e)) performing research and market studies, and developing techniques to optimise the operation of the market, including through the use of information and communication technology, as well as collecting socio-economic data;
((f)) providing the information and carrying out the research needed to deliver sustainable supplies at the quantity, quality and price corresponding to market requirements and consumer expectations;
((g)) promoting, among consumers, species obtained from fish stocks that are in a sustainable state, that have appreciable nutritional value and that are not widely consumed;
((h)) controlling and taking measures for compliance of their members' activities with the rules established by the inter-branch organisation concerned.
SECTION II
Recognition
Recognition of producer organisations
Article 14 

1. A fisheries administration may recognise as producer organisations all groups set up on the initiative of fishery or aquaculture producers which apply for such recognition, provided that they:
(a) comply with the principles set out in Article 17 and with the rules adopted for their application;
(b) are sufficiently economically active in the United Kingdom or a part thereof, in particular as regards the number of members or the volume of marketable production;
(c) have legal personality, are established in the United Kingdom and have their official headquarters there;
(d) are capable of pursuing the objectives laid down in Article 7;
(e) comply with the competition rules referred to in Chapter V;
(f) do not abuse a dominant position on a given market; and
(g) provide relevant details of their membership, governance and sources of funding.
2. Producer organisations recognised before 29 December 2013 shall be considered to be producer organisations for the purposes of this Regulation, and to be bound by its provisions.
Financial support to producer organisations or associations of producer organisations
Article 15 
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Recognition of inter-branch organisations
Article 16 

1. A fisheries administration  may recognise as inter-branch organisations the groups of operators established in the United Kingdom which apply for such recognition, provided that they:
(a) comply with the principles set out in Article 17 and with the rules adopted for their application;
(b) represent a significant share of production activity and of either processing or marketing activities or of both, concerning fishery and aquaculture products or products processed from fishery and aquaculture products;
(c) are not themselves engaged in the production, processing or marketing of fishery and aquaculture products or products processed from fishery and aquaculture products;
(d) have legal personality, are established in the United Kingdom and have their official headquarters there;
(e) are capable of pursuing the objectives laid down in Article 12;
(f) take into account the interest of consumers;
(g) do not hinder the sound operation of the CMO; and
(h) comply with the competition rules referred to in Chapter V.
2. Organisations established before 29 December 2013 may be recognised as inter-branch organisations for the purposes of this Regulation provided that a fisheries administration is satisfied that they comply with the provisions of this Regulation regarding inter-branch organisations.
3. Inter-branch organisations recognised before 29  December  2013 shall be considered to be inter-branch organisations for the purposes of this Regulation and to be bound by its provisions.
Internal functioning of producer organisations and inter-branch organisations
Article 17 
The internal functioning of producer organisations and inter-branch organisations referred to in Articles 14 and 16 shall be based on the following principles:

((a)) compliance by its members with the rules adopted by the organisation in terms of fisheries exploitation, production and marketing;
((b)) non-discrimination among members, particularly on grounds of nationality or place of establishment;
((c)) the levying of a financial contribution from its members in order to finance the organisation;
((d)) a democratic functioning that enables the members to scrutinise their organisation and its decisions;
((e)) the imposition of effective, dissuasive and proportionate penalties for infringement of obligations laid down in the internal rules of the organisation concerned, particularly in the case of –non payment of financial contributions;
((f)) the definition of rules on the admission of new members and the withdrawal of membership;
((g)) the definition of the accounting and budgetary rules necessary for the management of the organisation.
Checks and withdrawal of recognition ...
Article 18 

1. A fisheries administration must carry out checks at regular intervals to verify that producer organisations and inter-branch organisations comply with the conditions for recognition laid down in Articles 14 and 16 respectively. A finding of non-compliance may result in the withdrawal of recognition.
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Allocation of fishing opportunities
Article 19 
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Checks by the Commission
Article 20 
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Regulations on recognition of producer organisations and inter-branch organisations
Article 21 

1. A fisheries administration may make regulations in relation to the time limits and procedures and the form of applications for the recognition of producer organisations and inter-branch organisations pursuant to Articles 14 and 16 respectively, or for the withdrawal of such recognition pursuant to Article 18.
2. When making regulations under paragraph 1, a fisheries administration must consider, where appropriate, adapting the regulations to the special characteristics of small-scale fisheries and aquaculture.
SECTION III
Extension of rules
Extension of rules of producer organisations
Article 22 

1. A fisheries administration may make the rules agreed within a producer organisation binding on producers who are not members of the organisation and who market any of the products within the area in which the producer organisation is representative, provided that:
(a) the producer organisation has been established for a period of at least one year and is considered to be representative of production and marketing, including, where relevant, the small–scale and artisanal sector, in the United Kingdom and makes an application to a fisheries administration;
(b) the rules to be extended concern any of the measures for producer organisations laid down in points (a), (b) and (c) of Article 8(1), points (a) and (b) of Article 8(2) and points (a) to (e) of Article 8(3);
(c) the competition rules referred to in Chapter V are complied with.
2. For the purposes of point (a) of paragraph 1, a fishery producer organisation is considered to be representative where it accounts for at least 55 % of the quantities marketed of the relevant product during the previous year in the area in which it is proposed to extend the rules.
3. For the purposes of point (a) of paragraph 1, an aquaculture producer organisation is considered to be representative where it accounts for at least 40 % of the quantities marketed of the relevant product during the previous year in the area in which it is proposed to extend the rules.
4. The rules to be extended to non-members shall apply for a period of between 60 days and 12 months.
Extension of the rules of inter-branch organisations
Article 23 

1. A fisheries administration may make some of the agreements, decisions or concerted practices agreed on within an inter-branch organisation binding in the specific area or areas on other operators who do not belong to that organisation, provided that:
(a) the inter-branch organisation covers at least 65 % of each of at least two of the following activities: production, processing or marketing of the relevant product during the previous year in the area or areas concerned of the United Kingdom, and makes an application to a fisheries administration; and
(b) the rules to be extended to other operators concern any of the measures for inter-branch organisations laid down in points (a) to (g) of Article 13 and do not cause any damage to other operators in the United Kingdom.
2. The extension of rules may be made binding for no more than three years ....
Liability
Article 24 
When rules are extended to non-members in accordance with Articles 22 and 23, a fisheries administration may decide that non-members are liable to the producer organisation or the inter-branch organisation for the equivalent of all or part of the costs paid by members as a result of the application of the rules that have been extended to non-members.
Authorisation by the Commission
Article 25 
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Withdrawal of authorisation
Article 26 
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Implementing acts
Article 27 
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SECTION IV
Production and marketing planning
Production and marketing plan
Article 28 

1. Each producer organisation shall submit a production and marketing plan for, at least, its main marketed species to a fisheries administration for approval. Such production and marketing plans shall have the aim of achieving the objectives laid down in Articles 3 and 7.
2. The production and marketing plan shall comprise:
(a) a production programme for caught or farmed species;
(b) a marketing strategy to match the quantity, quality and presentation of supply to market requirements;
(c) measures to be taken by the producer organisation in order to contribute to the objectives laid down in Article 7;
(d) special anticipatory measures to adjust the supply of species which habitually present marketing difficulties during the year;
(e) penalties applicable to members who infringe decisions adopted to implement the plan concerned.
3. A fisheries administration must approve the production and marketing plan. Once the plan is approved, the producer organisation shall immediately implement it.
4. Producer organisations may revise the production and marketing plan and shall, in such case, submit it for approval to a fisheries administration.
5. The producer organisation shall prepare an annual report of its activities under the production and marketing plan and shall submit it to a fisheries administration for approval.
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7. A fisheries administration must carry out checks to ensure that each producer organisation fulfils the obligations provided for in this Article. A finding of non-compliance may result in the withdrawal of recognition.
8. In line with the objective set out in point (b) of Article 7(1), producer organisations shall ensure, in the production and marketing plans which they submit pursuant to paragraph 1 of this Article, that the landing of marine organisms below the minimum conservation reference size does not lead to the development of activities aimed specifically at the catching of those marine organisms.When carrying out the checks required by paragraph 7 of this Article, a fisheries administration must ensure that producer organisations fulfil the obligation set out in the first subparagraph of this paragraph.
Regulations on production and marketing plans
Article 29 
A fisheries administration may make regulations in relation to the format and structure of the production and marketing plan referred to in Article 28 and the procedure and time limits for the submission by producer organisations and the approval of such plans.
SECTION V
Stabilisation of the markets
Storage mechanism
                  
Article 30 
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Prices triggering the storage mechanism
Article 31 
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Implementing acts
Article 32 
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CHAPTER III
COMMON MARKETING STANDARDS
Establishment of common marketing standards
Article 33 

1. Without prejudice to Article 47, common marketing standards may be laid down for the fishery products that are listed in Annex I, regardless of their origin ..., that are intended for human consumption.
2. The standards referred to in paragraph 1 may relate to the quality, size, weight, packing, presentation or labelling of the products, and in particular to:
(a) the minimum marketing sizes, taking into account the best available scientific advice; such minimum marketing sizes corresponding, where relevant, to minimum conservation reference sizes, in accordance with Article 15(10) of Regulation (EU) No 1380/2013;
(b) specifications of preserved products in accordance with conservation requirements and international obligations.
3. Paragraphs 1 and 2 shall apply without prejudice to:
(a) Regulation (EC) No 178/2002;
(b) Regulation (EC) No 852/2004 of the European Parliament and of the Council;
(c) Regulation (EC) No 853/2004 of the European Parliament and of the Council;
(d) Regulation (EC) No 854/2004 of the European Parliament and of the Council;
(e) Regulation (EC) No 882/2004 of the European Parliament and of the Council;
(f) Council Regulation (EC) No 1005/2008; and
(g) Regulation (EC) No 1224/2009.
Compliance with common marketing standards
Article 34 

1. The products intended for human consumption for which common marketing standards are laid down may be made available on the ... market only in accordance with those standards.
2. All fishery products landed, including those that do not comply with common marketing standards, may be used for purposes other than direct human consumption, including fish meal, fish oil, pet food, food additives, pharmaceuticals or cosmetics.
CHAPTER IV
CONSUMER INFORMATION
Mandatory information
Article 35 

1. Without prejudice to Regulation (EU) No 1169/2011, fishery and aquaculture products referred to in points (a), (b), (c) and (e) of Annex I to this Regulation which are marketed in the United Kingdom, irrespective of their origin or of their marketing method, may be offered for sale to the final consumer or to a mass caterer only if appropriate marking or labelling indicates:
(a) the commercial designation of the species and its scientific name;
(b) the production method, in particular by the following words ‘… caught …’ or ‘… caught in freshwater …’ or ‘… farmed …’;
(c) the area where the product was caught or farmed, and the category of fishing gear used in capture of fisheries, as laid down in the first column of Annex III to this Regulation;
(d) whether the product has been defrosted;
(e) the date of minimum durability, where appropriate.The requirement in point (d) shall not apply to:
(a) ingredients present in the final product;
(b) foods for which freezing is a technologically necessary step in the production process;
(c) fishery and aquaculture products previously frozen for health safety purposes, in accordance with Annex III, Section VIII, of Regulation (EC) No 853/2004;
(d) fishery and aquaculture products which have been defrosted before the process of smoking, salting, cooking, pickling, drying or a combination of any of those processes.
2. For non-prepacked fishery and aquaculture products, the mandatory information listed in paragraph 1 may be provided for retail sale by means of commercial information such as billboards or posters.
3. Where a mixed product is offered for sale to the final consumer or to a mass caterer that consists of the same species but which has been derived from different production methods, the method for each batch shall be stated. Where a mixed product is offered for sale to the final consumer or to a mass caterer that consists of the same species but which has been derived from a variety of catch areas or fish–farming countries, at least the area of the batch which is most representative in terms of quantity shall be stated, together with an indication that the products also come from different catch or fish-farming areas.
4. A fisheries administration may exempt from the requirements referred to in paragraph 1 small quantities of products sold directly from fishing vessels to consumers, provided that those do not exceed the value referred to in Article 58(8) of Regulation (EC) No 1224/2009.
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Eco-labelling reporting
Article 36 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Commercial designation
Article 37 

1. For the purposes of Article 35(1), the Secretary of State must draw up and publish a list of the commercial designations accepted in the United Kingdom, together with their scientific names. The list shall indicate:
(a) the scientific name for each species, in accordance with the FishBase Information System or the ASFIS database of the Food and Agriculture Organization (FAO), where relevant;
(b) the commercial designation:
((i)) the name of the species ...;
((ii)) where applicable, any other name or names that are accepted or permitted locally or regionally.
2. All species of fish which constitute an ingredient of another food may be designated as ‘fish’, provided that the name and presentation of such food does not refer to a specific species.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Indication of the catch or production area
Article 38 

1. The indication of the catch or production area in accordance with point (c) of Article 35(1) shall consist of the following:
(a) in the case of fishery products caught at sea, the name in writing of the sub-area or division listed in the FAO fishing areas, as well as the name of such zone expressed in terms understandable to the consumer, or a map or pictogram showing that zone, or, by way of derogation from this requirement, for fishery products caught in waters other than the Northeast Atlantic (FAO Fishing Area 27) and the Mediterranean and Black Sea (FAO Fishing Area 37), the indication of the name of the FAO fishing area;
(b) in the case of fishery products caught in freshwater, a reference to the body of water of origin in the United Kingdom or third country of provenance of the product;
(c) In the case of aquaculture products, a reference to the country in which the product reached more than half of its final weight or stayed for more than half of the rearing period or, in the case of shellfish, underwent a final rearing or cultivation stage of at least six months.
2. In addition to the information referred to in paragraph 1, operators may indicate a more precise catch or production area.
Additional voluntary information
Article 39 

1. In addition to the mandatory information required pursuant to Article 35, the following information may be provided on a voluntary basis, provided that it is clear and unambiguous:
(a) the date of catch of fishery products or the date of harvest of aquaculture products;
(b) the date of landing of fishery products or information on the port at which the products were landed;
(c) more detailed information on the type of fishing gear, as listed in the second column of Annex III;
(d) in the case of fishery products caught at sea, details of the flag State of the vessel that caught those products;
(e) environmental information;
(f) information of an ethical or social nature;
(g) information on production techniques and practices;
(h) information on the nutritional content of the product.
2. A Quick Response (QR) code may be used outlining part or all of the information listed in Article 35(1).
3. Voluntary information shall not be displayed to the detriment of the space available for mandatory information on the marking or labelling.
4. No voluntary information shall be included that cannot be verified.
CHAPTER V
COMPETITION RULES
Application of competition rules
Article 40 
Part 1 of the Competition Act 1998 applies to agreements, decisions and practices ... which relate to production or marketing of fishery and aquaculture products.
Exclusions from the application of competition rules
Article 41 

1. Notwithstanding Article 40 of this Regulation, the prohibition in Chapter 1 of the Competition Act 1988 does not apply to agreements, decisions and practices of producer organisations which concern the production or sale of fishery and aquaculture products, or the use of joint facilities for the storage, treatment or processing of fishery and aquaculture products, and which:
(a) are necessary to attain the objectives set out in Article 39 TFEU (as it had effect immediately before IP completion day);
(b) do not imply any obligation to charge identical prices;
(c) do not lead to the partitioning of markets in any form ...;
(d) do not exclude competition; and
(e) do not eliminate competition in respect of a substantial proportion of the products in question.
2. Notwithstanding Article 40 of this Regulation, the prohibition in Chapter 1 of the Competition Act 1998 does not apply to agreements, decisions and practices of inter-branch organisations which:
(a) are necessary to attain the objectives set out in Article 39 TFEU (as it had effect immediately before IP completion day);
(b) do not entail any obligation to apply a fixed price;
(c) do not lead to the partitioning of markets in any form ...;
(d) do not apply dissimilar conditions to equivalent transactions with other trading partners, thereby placing them at a competitive disadvantage;
(e) do not eliminate competition in respect of a substantial proportion of the products in question; and
(f) do not restrict competition in ways which are not essential for the achievement of the  fisheries objectives.
(3. The Competition and Markets Authority  may at any time give a direction to the effect that the exclusions in paragraphs (1) and (2) of this Article no longer apply to a particular agreement.
(4. Subparagraphs (4) to (8) of paragraph 9 of Schedule 3 to the Competition Act 1998  apply to a direction under paragraph (3) of this Article as they apply to a direction under paragraph 9 of Schedule 3 to the Competition Act 1998.
CHAPTER VI
MARKET INTELLIGENCE
Market Intelligence
Article 42 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER VII
PROCEDURAL PROVISIONS
Regulations
Article 43 

1. Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.
2. For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010.
3. Any power of the Department of Agriculture, Environment and Rural Affairs to make regulations under this Regulation is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
4. A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.
5. A statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
6. Regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).
7. Regulations made by the Department of Agriculture, Environment and Rural Affairs under this Regulation are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.
8. Such regulations may—
(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018));
(b) make different provision for different purposes.
CHAPTER VIII
FINAL PROVISIONS
Amendment to Regulation (EC) No 1184/2006
Article 44 
Article 1 of Regulation (EC) No 1184/2006 is replaced by the following:
'
Article 1 
This Regulation lays down rules concerning the applicability of Articles 101 to 106 and of Article 108(1) and (3) of the Treaty on the functioning of the European Union (TFEU) in relation to production of, or trade in, the products listed in Annex I to the TFEU with the exception of the products covered by Council Regulation (EC) No 1234/2007 and Regulation (EU) No 1379/2013 of the European Parliament and of the Council.'.
Amendments to Regulation (EC) No 1224/2009
Article 45 
Regulation (EC) No 1224/2009 is hereby amended as follows:

((1)) in Article 57(1), the following sentences are added:
‘Member States shall undertake checks to ensure compliance. The checks may take place at all marketing stages and during transport.)’
((2)) Article 58(5) is amended as follows:

((a)) point (g) is replaced by the following:
'
((g)) the information to consumers provided for in Article 35 of Regulation (EU) No 1379/2013 of the European Parliament and of the Council;'
((b)) point (h) is deleted.
Repeal
Article 46 
Regulation (EC) No 104/2000 is hereby repealed. However, Article 4 shall apply until 12 December 2014.
References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in Annex IV.
Rules establishing common marketing standards
               
Article 47 

1. Without prejudice to paragraph 2, rules establishing common marketing standards, in particular those laid down in Council Regulation (EEC) No 2136/89, Council Regulation (EEC) No 1536/92 and Council Regulation (EC) No 2406/96, as well as other rules adopted for the application of common marketing standards, such as those laid down in Commission Regulation (EEC) No 3703/85, shall continue to apply.
2. Where minimum conservation reference sizes are established, they shall constitute minimum marketing sizes.
Review
Article 48 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Entry into force
Article 49 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...
ANNEX I

FISHERY AND AQUACULTURE PRODUCTS COVERED BY THE CMOCN code Description of the goods
(a) 0301 Live fish
0302 Fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304
0303 Fish, frozen, excluding fish fillets and other fish meat of heading 0304
0304 Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen
(b) 0305 Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals and pellets of fish, fit for human consumption
(c) 0306 Crustaceans, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; crustaceans, in shell, cooked by steaming or by boiling in water, whether or not chilled, frozen, dried, salted or in brine; flours, meals and pellets of crustaceans, fit for human consumption
0307 Molluscs, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; aquatic invertebrates other than crustaceans and molluscs, live, fresh, chilled, frozen, dried, salted or in brine; flours, meals and pellets of aquatic invertebrates other than crustaceans, fit for human consumption
(d)  Animal products not elsewhere specified or included; dead animals of Chapter 1 or 3, unfit for human consumption
– Other:
– – Products of fish or crustaceans, molluscs or other aquatic invertebrates; dead animals of Chapter 3:
0511 91 10 – – – Fish waste
0511 91 90 – – Other
(e) 1212 20 00 – Seaweeds and other algae
(f)  Fats and oils and their fractions, of fish, whether or not refined, but not chemically modified:
1504 10 – Fish-liver oils and their fractions
1504 20 – Fats and oils and their fractions, of fish, other than liver oils
(g) 1603 00 Extracts and juices of meat, fish or crustaceans, molluscs or other aquatic invertebrates
(h) 1604 Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs
(i) 1605 Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved
(j)  Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared
1902 20 – Stuffed pasta, whether or not cooked or otherwise prepared:
1902 20 10 – – Containing more than 20 % by weight of fish, crustaceans, molluscs or other aquatic invertebrates
(k)  Flours, meals and pellets, of meat or meat offal, of fish or of crustaceans, molluscs or other aquatic invertebrates, unfit for human consumption; greaves:
2301 20 00 – Flours, meals and pellets, of fish or of crustaceans, molluscs or other aquatic invertebrates
(l)  Preparations of a kind used in animal feeding
2309 90 – Other:
ex 2309 90 10 – – Fish solubles
ANNEX II

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

ANNEX III

INFORMATION ON FISHING GEARMandatory information on the category of fishing gear More detailed information on corresponding gears and codes, in accordance with Commission Regulation (EC) No 26/2004 and Commission Implementing Regulation (EU) No 404/2011
Seines Beach seines SB
Danish seines SDN
Scottish seines SSC
Pair seines SPR
Trawls Beam trawls TBB
Bottom otter trawls OTB
Bottom pair trawls PTB
Midwater otter trawls OTM
Pelagic pair trawls PTM
Otter twin trawls OTT
Gillnets and similar nets Set (anchored) gillnets GNS
Driftnets GND
Encircling gillnets GNC
Trammel nets GTR
Combined trammel and gillnets GTN
Surrounding nets and lift nets Purse seines PS
Lampara nets LA
Boat operated lift nets LNB
Shore-operated stationary lift nets LNS
Hooks and lines Hand lines and pole lines (hand operated) LHP
Hand lines and pole lines (mechanised) LHM
Set longlines LLS
Longlines (drifting) LLD
Troll lines LTL
Dredges Boat dredges DRB
Hand dredges used on board a vessel DRH
Mechanised dredges including suction dredges HMD
Pots and traps Pots (traps) FPO


ANNEX IV

CORRELATION TABLERegulation (EC) No 104/2000 This Regulation
Article 1 Articles 1 to 5
Articles 2 and 3 Articles 33 and 34
Article 4 Articles 35 to 39
Article 5(1) Articles 6, 7, 8,
Article 5(2), 5(3), 5(4) and Article 6 Articles 14, 18 to 21
Article 7 Articles 22 and 24 to 27
Article 8 —
Articles 9 to 12 Articles 28, 29
Article 13 Articles 11, 12, 13, 16, 18, 20 and 21
Article 14 Article 41(2)
Article 15 Article 23
Article 16 Articles 24 to 27
Articles 17 to 27 Articles 30, 31 and 32
Article 33 —
Article 34 Articles 20(2), 21 and 32
Article 35 —
Article 36 —
Article 37 Article 43
Articles 38 and 39 Article 43
Article 40 —
Article 41 Article 48
Article 42 Articles 44, 45 and 46
Article 43 Article 49
— Article 40
— Article 41(1)
— Article 42