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Commission Regulation (EU) No 1282/2009 of 22 December 2009 amending Regulation (EU) No 409/2009 on the establishment of Community conversion factors and presentation codes used to convert fish processed weight into fish live weight

Commission Regulation (EU) No 1282/2009 of 22 December 2009 amending Regulation (EU) No 409/2009 on the establishment of Community conversion factors and presentation codes used to convert fish processed weight into fish live weight

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the functioning of the European Union,

Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993, establishing a control system applicable to the Common Fishery Policy(1), and in particular Article 5 thereof,

Whereas:

  1. Commission Regulation (EC) No 409/2009(2), establishes Community conversion factors and presentation codes for the states of processing ‘fresh’ and ‘fresh salted’.

  2. Species subject to fishing quotas are landed mainly in the states of processing ‘fresh’, ‘fresh salted’ and ‘frozen’. Consequently there is a need to complement Regulation (EC) No 409/2009 with Community conversion factors for frozen fish, so that Community conversion factors are available for all relevant processing states.

  3. Commission Regulation (EC) No 1077/2008(3) lays detailed rules for the implementation of the electronic record and transmission of logbook, landing declaration and transhipment data.

  4. Regulation (EC) No 409/2009 should therefore be amended accordingly.

  5. The measures provided for in this Regulation are in accordance with the opinion of the Fisheries and Aquaculture Committee.

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 409/2009 is amended as follows:

  1. In Article 3, point (g) is replaced by the following:

    1. “state of processing” means the way the fish is preserved (fresh, fresh salted and frozen).’

  2. In Article 4, paragraph 1 is replaced by the following:

    ‘1.

    The Community conversion factors set out in Annexes II, III and IV shall apply to convert fish processed weight into fish live weight.’

  3. In Article 6, paragraph 1 is replaced by the following:

    ‘1.

    The masters of Community fishing vessels shall use the conversion factors referred to in Article 4 in the logbook, as referred to in Article 6 of Regulation (EEC) No 2847/93 and Article 4 of Commission Regulation (EC) No 1077/2008(*), to:

    1. estimate the live weight of the quantities onboard the fishing vessel and;

    2. to calculate the live weight of the quantities upon landing.

  4. Annex I is replaced by the text in Annex I to this Regulation

  5. The text in Annex II to this Regulation is added as Annex IV

Article 2 Entry into force and application

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

It shall apply from 1 January 2010.

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

Done at Brussels, 22 December 2009.

For the Commission

The President

José Manuel Barroso

ANNEX I

‘ANNEX I

PRESENTATION 3-ALPHA CODES

3-Alpha presentation code

Presentation

Description

FIL

Fillets

Removal of head, guts, bones and fins. Each fish originates two fillets not joined by any par

FIS

Skinned fillets

Removal of head, guts, bones, fins and skin. Each fish originates two fillets not joined by any par

FSB

Filleted with skin and bones

Filleted with skin and bones on

FSP

Filleted skinned with pinbone on

Filleted with skin removed and pinbone on

GHT

Gutted headed and tailed

Guts, head and tail removed

GUG

Gutted and gilled

Guts and gills removed

GUH

Gutted and headed

Guts and head removed

GUL

Gutted liver in

Guts removed with the exception of liver

GUS

Gutted headed and skinned

Guts head and skin removed

GUT

Gutted

All guts removed

HEA

Headed

Head removed

JAT

Tailed Japanese cut

Japanese cut with tail removed

LVR

Liver

Liver only, In case of collective presentation* use code LVR-C

OTH

Other

Any other presentation

ROE

Roe (s)

Roe(s) only In case of collective presentation* use code ROE-C

CBF

Cod butterfly

Headed with skin on, spine on, tail on

SUR

Surimi

Surimi

SGT

Gutted and salted

Guts removed and fish salted

TAL

Tail

Tails only

TNG

Tongue

Tongue only. In case of collective presentation* use code TNG-C

WHL

Whole

No processing

WNG

Wings

Wings only’

‘ANNEX I

ANNEX II

‘ANNEX IV