1985R3703 — EN — 27.11.1989 — 001.001 — 1
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►B COMMISSION REGULATION (EEC) No 3703/85
of 23 December 1985
laying down detailed rules for applying the common marketing standards for certain fresh or
chilled fish
(OJ L 351, 28.12.1985, p. 63)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EEC) No 3506/89 of 23 November 1989 L342 11 24.11.1989
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▼B
COMMISSION REGULATION (EEC) No 3703/85
of 23 December 1985
laying down detailed rules for applying the common marketing
standards for certain fresh or chilled fish
THE COMMISSIONOF THE EUROPEANCOMMUN ITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 3796/81 of 29
December 1981 on the common organization of the market in fisheryproducts(
1), as last amended by the Act of Accession of Spain and
Portugal, and in particular Article 4 (4) thereof,
Having regard to Council Regulation (EEC) No 103/76 of 19 January
1976 laying down common marketing standards for certain fresh orchilledfish(
2),aslastamendedbyCouncilRegulation(EEC)No3396/
85(3), and in particular Articles 6, 8 and 8a thereof,
Whereas experience has shown the need to clarify certain provisions
concerning the application of the common marketing standards laiddownbyRegulation(EEC)No103/76toensurethatthesestandardsaremore uniformly applied in the Member States;
Whereasthegradingofherringandmackerelbysampleassessment,as
provided for in Article 8a of Regulation (EEC) No 103/76, should becarried out so as to ensure compliance with the Community standardsforthesespecies;whereas,toensurethatextrapolationoftheresultsofthe grading by sample assessment to all the lots concerned is justified,the number of samples to be taken, the weight or volume of eachsampleandthemethodsofgradingandcheckingtheweightofthelotsmarketedshouldbespecified,accountbeingtakenofthevariouswaysin which products are offered for sale;
Whereas, to help improve the quality of fish graded on the basis of a
sampling system and to prevent the marketing of fish which is notsufficientlyfresh,theMemberStatesconcernedmustintroducecontrolarrangements including inspections of the preserving facilities on thevessels landing the fish concerned;
WhereasthemeasuresprovidedforinthisRegulationareinaccordance
with the opinion of the Management Committee Fishery Products,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation lays down detailed rules for the control of the
conformitywiththecommonmarketingstandardslaiddownbyRegula-tion (EEC) No 103/76 for the grading and the weighing of certainspecies.
Article 2
A lot is to be considered as uniform within the meaning of Articles 7
(1)and8(3)ofRegulation(EEC)No103/76ifnotmorethan10 %ofthe total quantity in the lot falls within the freshness or size categoryimmediately below and/or above that stated for the box or lot inquestion.
(1) OJ No L 379, 31. 12. 1981, p. 1.
(2) OJ No L 20, 28. 1. 1976, p. 29.
(3) OJ No L 322, 3. 12. 1985, p. 1.
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Quantityofferedforsale(tonnes)Minimumweighttobe
sampled(kg)Article 3
When the quantities of a given product landed from a vessel are being
graded,thetotalquantitiesofthelotsconsideredtobesmalllotswithinthemeaningofArticles7(1)and8(3)ofRegulation(EEC)No103/76should not exceed 100 kg of the product in question which are landedfrom the vessel and are intended to be marketed for a particular sale.However,thecompetentauthoritiesoftheMemberStatesareauthorizedto fix a quantity less than 100 kg where specific production andmarketing conditions require it.
Article 4
MemberStatesshalltakeallnecessarystepstoensurethatthegrading
of the product in accordance with the provisions of Regulation (EEC)No 103/76 cannot be altered when the product is first offered for saleexcept under the supervision of the competent authorities.
Article 5
Toensurethatthecontentsofstandardizedboxesarethesameastheir
presumed contents, as provided for in 8 (4) of Regulation (EEC) No103/76, at least one box in every hundred boxes must be weighed,withoutprejudicetomorerestrictivenationalprovisionsorcommercialrules applied in Member States. The net weight may vary, as providedfor in Article 8 (5) of Regulation (EEC) No 103/76, by 5 % above orbelow the weight stated or presumed, subject to more restrictivenational provisions on matters of commercial law.
▼
M1
Article 6
Gradingandtheindicationofthesizecategoryanddegreeoffreshness,
asreferredtoinArticles7and8ofRegulation(EEC)No103/76,shalltake place allowing a reasonable period before the product is firstofferedforsale,soastofacilitatetheinspectionprovidedforinArticle4 of Regulation (EEC) No 3796/81.
Article 7
1. GradingofthespecieslistedinAnnexIIintothevariousfreshness
andsizecategoriesonthebasisofasamplingsystem,asprovidedforinArticle 9 of Regulation (EEC) No 103/76, shall be carried out inaccordance with the procedure laid down in the following paragraphsand in Article 8.
2. amplesshallbetakeninsuchawayastoberepresentativeofthe
given lot, account being taken of commercial practices applied in thismatter in the Member States. Samples shall be taken in a regularmanner depending on the weight of the samples to be taken and thetotal quantity to be offered for sale.
3. The samples shall be taken from the quantity to be offered for
sale, as follows, provided they weigh not less than 0,08 % of anyquantity over 100 tonnes:
Less than 5 8
5 or more but less than 15 20
15 or more but less than 40 40
40 or more but less than 60 60
60 or more but less than 80 80
80 or more but less than 100 100
100 or more 120
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4. In cases where landings are made by a vessel equipped with fish
tanks, samples shall be taken from the contents of each tank, accountbeing taken of the above provisions.
Article 8
1. AllfishineachsampleshallbegradedinaccordancewithRegula-
tion(EEC)No103/76.Thefreshnessshallbedeterminedinaccordancewith the criteria set out in point I of Annex A to that Regulation.
The quantities intended for sale shall then be graded in the same
categories as those resulting from the grading of the sample fishprovided that visual inspection of the quantities in question raises nodoubts as to whether the sample is representative.
Variations in size and freshness as provided for in Article 2 shall be
allowed.
2. If a sample indicates that:
(a) aproportionofthefishexamined,representingmorethan10 %of
the quantity in the sample, falls within category B, the minimumweight to be sampled must be at least double that specified inArticle 7 (3). A suitable number of fish shall also be examined inaccordancewiththefreshnesscriteriaspecifiedinpointIIofAnnexA to Regulation (EEC) No 103/76. The quantities concerned maybegradedinahighercategorythanBifthequalityofallthefishofthe second sample is higher than B;
(b) a proportion of the fish examined does not meet the requirements
laid down for marketing for human consumption, the quantitiesconcerned may not be used for that purpose, unless grading inaccordancewithArticles6,7and8ofRegulation(EEC)No103/76shows that a proportion thereof may be marketed for humanconsumption;
(c) somequantitiesmaynotbehomogeneousintermsoffreshnessand
size, the weight of the additional samples to be taken shall bedecidedbytheexpertsreferredtoinArticle11ofRegulation(EEC)No 103/76.
3. Ifavisualinspectionofthefishindicatesthattheyhavenotbeen
preservedonboardthevesselsaslaiddowninArticle6(6)ofRegula-tion(EEC)No103/76themethodofassessmentlaiddowninparagraph2 (a) of this Article shall apply.
Article 9
MemberStatesshallensurebymeansofregularchecksthatRegulation
(EEC) No 103/76 is complied with as regards products graded inaccordance with the sampling procedure.
▼
B
Article►M110◄
1. In order to ascertain the weight of the quantities put up for sale
andlandedtherecipientunits,orthetransportvehicleintowhichthesequantities are loaded, shall be weighed.
If such weighing cannot be carried out, the weight of the landed
quantitiesshallbecalculatedbyadditionofthecontentsofthestandar-dizedboxesinwhichthequantitiesmustbelanded.However,asupple-mentary weighing by sample shall be carried out for the standardizedboxes.
2. If the quantities are presented for public auction in standardized
boxestobemarketedforaparticularsale,weighingshallbecarriedoutaccording to the provisions of Article 5.
3. The weight of quantities transshipped on board a vessel shall be
calculated by applying the coefficients shown in Annex I:
— ontheonehand,tothevolumeofthecatchestakenbyeachvessel
or to the contents of each tank as measured by the appropriatetechnical means,
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— ontheotherhand,tothevolumeofthequantitiestransshippedtothe
processing vessel as measured by means of the recipient approvedby the office responsible for weights and measures in the MemberState concerned.
Article►
M111◄
WithintheframeworkofthesamplingsystemMemberStatesshalltake
all necessary measures to ensure in particular:
— thatallvesselspossessappropriatefacilities,andusethesefacilities
formaintainingthequalityoftheproductsconcernedinaccordancewith the criteria laid down in Regulation No 103/76,
— that, the vessels equipped with fish tanks, the tanks are properly
cleaned,thatthetemperatureinthetanksissuitableforthekeepingof fish and that this temperature can be noted,
— that all quantities marketed are recorded, with a breakdown by
freshness and size cateogry. Recording shall be based, in the casereferred to in Article ►
M110◄, paragraph 1, on the substan-
tiatingdocumentssignedbytheskipperofthevesselconcernedandbythepurchaserand,inthecasereferredtoinArticle ►
M110◄,
paragraph 3, on those signed by the skippers of the vesselsconcerned.
Article►
M112◄
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
ThisRegulationshallbebindinginitsentiretyanddirectlyapplicablein
all Member States.
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Species Size(1)Volumem3CoefficientsANNEX►M1I◄
Herring 1
2 1 0,86
3
Mackerel 1
2
310,8
(1) The size categories are those defined pursuant to Article 2 of Regulation (EEC) No
3796/81.
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ANNEXII
1. Herring of the species Clupea harengus .
2. Sardines of the species Sardina pilchardus .
3. Mackerel of the species Scomber scombrus .
4. Mackerel of the species Scomber japonicus .
5. Horse mackerel ( Trachurusspp.).
6. Anchovies ( Engraulisspp.).
7. Picarels of the species Maena smaris .