28. 12. 85§ Official Journal of the European Communities No L 351/63 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 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 1981 on the common organization of the market in fishery products ('), 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 stan- dards for certain fresh or chilled fish (3), as last amended by Council Regulation (EEC) No 3396/85 (%), and in parti- cular Articles 6, 8 and 8a thereof, Whereas experience has shown the need to clarify certain provisions concerning the application of the common marketing standards laid down by Regulation (EEC) No 103/76 to ensure that these standards are more uniformly applied in the Member States ; Whereas the grading of herring and mackerel by sample assessment, as provided for in Article 8a of Regulation (EEC) No 103/76, should be carried out so as to ensure compliance with the Community standards for these species ; whereas, to ensure that extrapolation of the results of the grading by sample assessment to all the lots concerned is justified, the number of samples to be taken, the weight or volume of each sample and the methods of grading and checking the weight of the lots marketed should be specified, account being taken of the various ways in 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 not sufficiently fresh, the Member States concerned must introduce control arrange- ments including inspections of the preserving facilities on the vessels landing the fish concerned ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee Fishery Products, () O () O WRY J No L 379, 31. 12. 1981, p. 1. J No L 20, 28. 1. 1976, p. 29. J No L 322, 3. 12. 1985, p. 1. HAS ADOPTED THIS REGULATION : Article 1 This Regulation lays down detailed rules for the control of the conformity with the common marketing standards laid down by Regulation (EEC) No 103/76 for the grading and the weighing of certain species. Article 2 A lot is to be considered as uniform within the meaning of Articles 7 (1) and 8 (3) of Regulation (EEC) No 103/76 if not more than 10 % of the total quantity in the lot falls within the freshness or size category immediately below and/or above that stated for the box or lot in question. Article 3 When the quantities of a given product landed from a vessel are being graded, the total quantities of the lots considered to be small lots within the meaning of Articles 7 (1) and 8 (3) of Regulation (EEC) No 103/76 should not exceed 100 kg of the product in question which are landed from the vessel and are intended to be marketed for a particular sale. However, the competent authorities of the Member States are authorized to fix a quantity less than 100 kg where specific production and marketing conditions require it. Article 4 Member States shall take all necessary steps to ensure that the grading of the product in accordance with the provi- sions of Regulation (EEC) No 103/76 cannot be altered when the product is first offered for sale except under the supervision of the competent authorities. Article 5 To ensure that the contents of standardized boxes are the same as their presumed contents, as provided for in 8 (4) of Regulation (EEC) No 103/76, at least one box in every hundred boxes must be weighed, without prejudice to more restrictive national provisions or commercial rules applied in Member States. The net weight may vary, as provided for in Article 8 (5) of Regulation (EEC) No 103/76, by § % above or below the weight stated or presumed, subject to more restrictive national provisions on matters of commercial law.