|
4.
|
Products covered (HS or
CCCN where applicable, otherwise national tariff heading. ICS numbers may be
provided in addition, where applicable): Live
fish (HS code(s): 03.01); Edible fish, fresh or chilled (excl. fish fillets
and other fish meat of heading 03.04) (HS Code(s): 03.02); Edible fish,
frozen (excl. fish fillets and other fish meat of heading 03.04) (HS Code(s):
03.03); Fish fillets and other fish meat (whether or not minced), fresh,
chilled or frozen (HS Code(s): 03.04); 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 (HS Code(s): 03.05); Crustaceans,
whether in shell or not, live, fresh, chilled, frozen, dried, salted or in
brine; smoked crustaceans; crustaceans, in shell, cooked by steaming or by
boiling in water (HS Code(s): 03.06); Molluscs fit for human consumption,
including smoked molluscs, whether in shell or not, live, fresh, chilled,
frozen, dried, salted or in brine (HS Code(s): 03.07); - Seaweeds and other
algae (HS Code(s): 1212.2); Prepared or preserved fish; caviar and caviar
substitutes prepared from fish eggs (HS Code(s): 16.04); Crustaceans,
molluscs and other aquatic invertebrates, prepared or preserved (but not smoked)
(HS Code(s): 16.05)
|
|
6.
|
Description of content:
·_
The notified draft decree
contains the following: Preamble
·_
Objectives (Article 1).
·_
Definitions (Article 2).
·_
Prerequisites for the sale of
fishery and aquaculture products to the final consumer or to mass caterers
(Article 3).
·_
Annual review of the list of
national trade names and designations of preserved or prepared foods
applicable to fishery and aquaculture products accepted in Spain (Article 4).
·_
Procedure for reviewing and
updating the list of national trade names and designations of preserved and
prepared foods accepted in Spain applicable to fishery and aquaculture
products at the request of operators (Article 5).
·_
Administrative cooperation
(Article 6).
·_
Sanctions (Article 7).
·_
First additional provision,
establishing the single market clause.
·_
Second additional provision,
regulating the use of alternative food denominations for preserved products
made with Sardina pilchardus, Trachurus spp, Auxis rochei, Auxis thazard,
Merluccius spp and Macruronus spp.
·_
Sole transitional provision,
relating to the transitional arrangements for the marketing of stocks of
preserved and prepared and labelled packaging.
·_
Sole repealing provision,
repealing certain regulations.
·_
First final provision,
establishing an amendment to Articles 3 and 4 of Royal Decree No. 1521/1984,
of 1 August, approving the Technical and Sanitary Regulations for Fishery and
Aquaculture Establishments and Products for Human Consumption.
·_
Second final provision,
establishing jurisdictional capacity.
·_
Third final provision,
establishing implementation authority.
·_
Fourth final provision,
providing for the entry into force of the draft Royal Decree.
·_
Annex, containing the trade
names and designations of preserved or prepared foods applicable in Spain to
fishery and aquaculture products.
|
|
7.
|
Objective and rationale,
including the nature of urgent problems where applicable: The objective of the draft Royal Decree is:
·_
First, to establish the
national trade names accepted in Spain for fishery and aquaculture products referred
to in points (a), (b), (c) and (e) of Annex I to 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, for
the purpose of providing the mandatory information set out in Article 35 of
that Regulation.
·_
In addition, it establishes
the designations of preserved or prepared foods accepted in Spain for fishery
and aquaculture products referred to in points (h) and (i) of Annex I to
Regulation (EU) No 1379/2013, of the European Parliament and of the Council,
of 11 December 2013, for the purpose of providing the mandatory information
on food designation pursuant to Article 17 of Regulation (EU) No 1169/2011,
of the European Parliament and of the Council of 25 October 2011, on the
provision of food information to consumers, taking into account the
provisions of Council Regulation (EEC) No. 1536/1992, of 9 June 1992, laying
down common marketing standards for preserved tuna and bonito, and of Council
Regulation (EEC) No 2136/1989, of 21 June 1989, laying down common marketing
standards for preserved sardines and trade descriptions for preserved
sardines and sardine-type products.
It should be noted that the national trade names and the
designations of preserved or prepared foods contained in the list shall be
considered to be an official designation throughout the national territory. However,
the trade names recognized in the schedules published by the various
Autonomous Communities shall be complementary to the trade names in their
respective territories, and cannot replace the national names.
Its rationale is based on the following concerns and ideas:
·_
Article 169 of the Treaty on
the Functioning of the European Union (TFEU) provides that the Union shall
contribute to ensuring a high level of consumer protection.
·_
In order to achieve a high
level of health protection for consumers and to guarantee their right to
information, it should be ensured that consumers are appropriately informed
as regards the food they consume. Consumers' choices can be influenced by, inter
alia, health, economic, environmental, social and ethical considerations.
·_
Article 37 of Regulation (EU)
No 1379/2013 of the European Parliament and of the Council, of 11 December 2013,
provides that, for the purposes of mandatory consumer information, each
member State shall publish a list of commercial designations accepted in
their territory, together with their scientific names, for the products
referred to in points (a), (b), (c) and (e) of Annex I on the common
organisation of the markets (CMO). Such products do not, however include
those referred to in points (h) and (i) of the aforementioned Annex, i.e.
prepared or preserved fish, crustaceans, molluscs and other aquatic
invertebrates belonging to headings 1604 and 1605.
·_
The standardized designations
for preserved fish products that have been applied in our country are those
set out in Annex IV to Royal Decree No. 1521/1984, of 1 August, approving the
technical and sanitary regulations for fishery and aquaculture establishments
and products for human consumption, which is partially repealed, with the
exception of Annex IV, Annex VII, and Articles 3 and 4. In this regard, given
the time that has elapsed, and in line with changes in European and national
fisheries regulations, food and food security information, it is considered
necessary to adapt the definitions given in these regulations in relation to
the presentation, conservation and marketing of fishery and aquaculture products,
and to the parts of fisheries products, respectively. At the same time, Annex
IV to Royal Decree No. 1521/1984, of 1 August, is replaced by the provisions
set out in the new Annex to this Royal Decree.
·_
It should also be mentioned
that the Order of 15 October 1985, approving the Quality Standard for
preserved mussels, clams and cockles, and the Quality Standard for cooked and
frozen mussels, which regulate aspects relating to the designation of those
products, are currently in force in Spain. In both cases, these are long-standing
rules. The changes that have occurred in the market, in consumption patterns
and in the characteristics of operators and products, make it advisable to
review the regulations in order to bring them into line with the current commercial
reality.
·_
On the other hand, it is
appropriate to add that common marketing standards have been established at
the European level for certain products. This is the case of Council
Regulation (EEC) No 1536/92, of 9 June, laying down common marketing
standards for preserved tuna and bonito, and Council Regulation (EEC) No
2136/89, of 21 June 1989, laying down common marketing standards for
preserved sardines and trade descriptions for preserved sardines and sardine-type
products.
·_
The co-existence of a number
of different schedules (that produced pursuant to Article 37 of Regulation
(EU) No 1379/2013, and that based on Annex IV to Royal Decree 1521/1984 of 1
August), together with the common marketing rules applicable to certain
products, makes it desirable to review them together, so that there is a
single list that can be updated by the General Secretariat of Fisheries
expeditiously, taking into account scientific and taxonomic developments, as
well as the commercial and technological momentum that the Spanish processing
industry has experienced in recent decades, with the emergence of new
products and processing techniques, which will also enhance the legal
certainty of operators and consumers.
·_
Furthermore, in the case of
products falling under headings 1604 and 1605 of the Combined Nomenclature
(CN), certain aspects set out in Regulation (EU) No 1169/2011 of the European
Parliament and of the Council, of 25 October 2011, on the provision of food
information to consumers, have to be taken into account, specifically with
regard to mandatory information to be provided to consumers.
Consumer information, labelling; Prevention of deceptive practices
and consumer protection
|