No L 5/18 Official Journal of the European Communities 7.1. 89 COUNCIL REGULATION (EEC) No 33/89 of 5 January 1989 amending Regulation (EEC) No 103/76 laying down common marketing standards for certain fresh or chilled fish THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 3796/81 of 29 December 1981 on the common organization of the market in fishery products(’), as last amended by Regulation (EEC) No 3468/88 (%), and in particular Article 2 (3) thereof, ’ Having regard to the proposal from the Commission, Whereas Regulation (EEC) No 103/76 (%), as last amended by Regulation (EEC) No 3940/87 (*), laid down common marketing standards for certain fresh or chilled fish ; Whereas Article 14b of Regulation (EEC) No 3796/81 provides for a flat-rate aid scheme for the species listed in Annex VI to that Regulation and common standards must be laid down for the species concerned to enable it to be applied ; whereas those species must therefore be covered by the provisions of Regulation (EEC) No 103/76; Whereas experience has shown the need to simplify the - common marketing standards to ensure that they are applied more uniformly throughout the Community; whereas the arithmetic rating method should therefore be discontinued and minimum requirements introduced that will help raise the quality of the fish in each freshness category ; Whereas, in the assessment of fish quality, freshness is decisive ; whereas rules for assessing freshness should therefore be specified ; Whereas the presencé of parasites may affect the commercial value of products put up for sale ; whereas it is necessary to specify that any adverse effect such parasites may have on the quality of the product must be taken into account during the classification ; Whereas provision should be made for the application of sampling arrangements to pelagic species other than mackerel and herring ; whereas the Commission should consequently be authorized to adopt rules of application in regard to the species to be covered by those arrangements ;. Whereas it is necessary to prevent the market in fishery products from being disturbed by the marketing of () OJ No L 379, 31. 12. 1981, p. 1. () OJ No L 305, 10. 11. 1988, p. 1. () OJ No L 20, 28. 1. 1976, p. 29. () OJ No L 373, 31. 12. 1987, p. 6. species of an unsatisfactory quality liable to deter consumers from purchasing -these products; whereas certain minimum freshness criteria for marketing for human consumption should be laid down for all but anadromous species ; Whereas Regulation (EEC) No 103/76 should therefore be amended, HAS ADOPTED THIS REGULATION : Article 1 Regulation (EEC) No 103/76 is hereby amended as follows : ~ 1. Article 3 is replaced by the following: Article 3 Marketing standards are hereby laid down for the following species of sea fish, falling within CN code 0302, with the exception of fish meat: — Plaice (Pleuronectes platessa) — Albacore (Thunnus alalunga) — Bluefin tuna (Thunnus thynnus) — Bigeye tuna (Thunnus or Parathunnus obesus) — Herring of the species Clupea harengus '— Cod of the species Gadus morhua — Sardines of the species Sardina pilchardus — Haddock (Melanogrammus aeglefinus) — Coalfish (Pollachius virens) — Pollack (Pollachius pollachius) — Mackerel of the species Scomber scombrus — Mackerel of the species Scomber japonsicus — Horse mackerel (Trachurus spp.) — Piked dogfish (Squalus acanthias) — Spotted dogfish (Scyliorhinus spp.) — Redfish (Sebastes spp.) ] — Whiting (Merlangus merlangus) — Blue Whiting (Micromesistius poutassou or Gadus Dpoutassou) — Ling (Molva spp.) — Anchovies (Engraulis spp.) — Hake of the species Merluccius merluccius — Megrim (Lepidorbombus spp.) — Ray’s bream (Brama spp.) — Monkfish (Lophius spp.) — Dab (Limanda limanda)