June 2015
Royal Decree 418/2015, of May 29, which regulates the first sale of fishing products
Last Tuesday, June 23, Royal Decree 418/2015, of May 29, was published in the Official State Gazette (B.O.E.), which regulates the first sale of fishery products (hereinafter, “Royal Decree 418/2015“).
Royal Decree 418/2015 introduces in our country, and for the first time, a comprehensive regulation of the first marketing of all fishery products, whether of marine or inland water origin, and coming from professional activity. Likewise, this standard lays the foundations for the fisheries traceability system.
Of the regulation contained in Royal Decree 418/2015, the following points should be highlighted, in general terms:
- -The fish markets or other establishments authorized by the autonomous communities are theonly entities empoweredto register the first sale of all fishery products, as well as the completion of the documents referred to in articles 7 to 10 of Royal Decree 418/2015 (namely, sales note, traceability document, collection declaration, transport document).
- -Producers may market their products by any method permitted by law.without the auction being mandatory. In the event that the first sale is not carried out by auction, the agreements, contracts or any type of transaction must be previously registered in the auction or authorized establishment and be brought to the attention of the competent bodies of the autonomous communities.
- -The concessionaires of the auctions or authorized establishmentsmay make sales to final consumers,as long as they are part of the fishing-tourism or aquaculture tourism activity. The autonomous communities that authorize this activity must regulate the quantities and maximum amounts of the products acquired in this modality.
- -Likewise, article 5.3 of Royal Decree 418/2015 establishes, more broadly, that in specific cases, the autonomous communitiesmay regulate the acquisition of small quantities of fishery products by final consumers, in application of articles 58.8, 59.3 and 65.2 of Regulation No. 1224/2009, of November 20, 2009 (hereinafter “Regulation No. 1224/2009“). The aforementioned provisions of Regulation No. 1224/2009 provide for the possibility of: (i) small quantities of fishery products being sold directly to the consumer on the fishing vessel, provided that their value does not exceed 50 euros per day; and (ii) fishing products are purchased that do not exceed a maximum weight of 30 kg and provided that they are not subsequently marketed but used only for private consumption.
- -The auctions and authorized establishments and their concessionaires, in order to sell fishery products that are required to make a sales note, regardless of their turnover, must meet, at least, thefollowing requirements:
a) Have sufficient and appropriate computer equipment to obtain and electronically transmit, both to the competent Administration and to the operators, the information established in Royal Decree 418/2015.
b) Have weighing systems verified and approved by the competent Administration.
c) Comply with regulations regarding the control of the minimum conservation reference size of the species offered for sale. Likewise, in the case of products subject to common marketing standards, they may only be put on sale if they comply with these standards.
d) Communicate the registration and cancellation of registered buyers to the autonomous communities.
e) Registered buyers, when they do not pay in cash, to access the purchase of fishing products, must provide a guarantee or surety insurance at the fish market. This requirement will not apply to establishments authorized by the autonomous communities.
f) The concessionaire of the auction or authorized establishment must pay, where applicable, the fees that apply to the shipowner of the vessel or the owner of the fishery that makes the first sale. Likewise, the concessionaire may receive a fee for the preparation of the documents established in Royal Decree 418/2015, as established in each case by regional legislation.
- -In the case of products that must complete a traceability document, the autonomous communities will regulate the requirements that establishments authorized by them must meet, taking into account what is established for products that must complete a sales note.
- -Fishing products for which the completion of a sales note is mandatory and which are transported to a fish market or authorized establishment other than the port or place of landing to carry out the first sale, will goaccompanied by a transport document. During the transport of fishing products, whether or not the first sale has occurred, they must be accompanied by the documentation specified in article 11 of Royal Decree 418/2015.
- -The markets and establishments authorized to carry out the first sale of fishing products will havetwelve months to adapt to the provisions of theRoyal Decree 418/2015from the moment of its entry into force.
The content of this Alert is for informational purposes only. Any decision or action based on its content must be subject to appropriate professional advice.
