. \ 24. 11. 89 Official Journal of the European Communities - No L 342/1 COMMISSION REGULATION (EEC) No 3506/89 of 23 November 1989 i i i i les for applying ding Regulation (EEC) No 3703/85 laying down detailed rule ; e t;:::gconfmon mirketing standards for certain fresh or chilled fish THE COMMISSION 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 on the common organization of the market in fishery products (), as last amended by Regulation (EEC) No 1495/89 (3, 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 or chilled fish(}), as last amended by Regulation (EEC) No 33/89 (%), and in particular Articles 6 (7), 8 (5), and 9 thereof, Whereas it is available to facilitate the implementation of the control arrangements ; whereas sufficient time should be allowed for grading and labelling of certain fresh or chilled fish ; Whereas experience has shown that the sampling system 4 should be extended to include pelagic fish species other than - herring and mackerel; whereas detailed implementing rules should therefore be laid down for the - species to be. covered by that system ; Whereas Commission Regulation (EEC) No 3703/85 ® should therefore be amended ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fishery Products, HAS- ADOPTED THIS REGULATION : Article 1 Regulation .(EEC) No 3703/85 is hereby amended as follows : - 1. Articles 7, 8 and 9 become Articles 10, 11 and 12. In the third indent of Article 11, ‘Article 7’ is replaced by ‘Article 10’ () OJ No L 379, 31. 12. 1981, p. 1. () OJ No L 148, 1. 6. 1989, p. 1. () OJ No L 20, 28. 1. 1976, p. 29. () O] No L S, 7. 1. 1989, p. 18. () OJ No L 351, 28. 12. 1985, p. 63. 2. Article 6 is replaced by the following Atticles 6 to 5 : ‘Article 6 Grading and the indication of the size category and degree of freshness, as referred to in Articles 7 and 8 of - Regulation (EEC) No 103/76, shall take ‘plgce allowing a reasonable period before the product is ffrst offered for sale, so as to facilitate the inspection provided for in Article 4 of Regulation (EEC) No 3796/81. Article 7 1. Grading of the species listed in Annex II into the various freshness and size categories on the basis of a sampling system, as provided for in Article 9 of Regulation (EEC) No 103/76, shall be carried out in accordance with the procedure laid down in the following paragraphs and in Article 8. 2. Samples shall be taken in such a way as to be representative of the given lot, account being taken of commercial practices applied in this matter in the Member States. Samples shall be taken in a regular manner depending on the weight of the samples to be taken and the total 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 any quantity over 100 tonnes.:. Quantity offered for sale Mtl: 11';:usr:m‘:>el|e8<iht (tonnes) (kg) Less than § ; 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 4.. In cases where landings are made by a vessel equipped with fish tanks, samples shall be taken from the contents of each tank, account being taken of the above provisions. Article 8 L. All fish in each sample shall be graded in accordance with Regulation (EEC) No 103/76. The freshness shall be determined in accordance with the criteria set out in point I of Annex A to that Regulation.