28.1.76 Official Journal of the European Communities No L 20/29 COUNCIL REGULATION (EEC) No 103/76 of 19 January 1976 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 100/76 of 19 January 1976 on the common organization of the market in fishery products (*), and in particular Article 2 (3) thereof, Having regard to the proposal from the Commission, Whereas Regulation (EEC) No 100/76 provides that common marketing standards may be laid down; whereas the application of such standards should help to improve the quality of fish marketed and thus facilitate their sale; Whereas one way of improving quality is to prohibit the marketing for human consumption of fish which is not of a given degree of freshness; Whereas, in almost all Member States engaged in sea fishing, fish which have been adjudged fit for human consumption under national regulations are offered for sale after grading for size, weight, presentation and other criteria; whereas fish are also graded according to degree of freshness; Whereas the adoption of standards for certain products has assumed particular importance in view of the measures on the determination and formation of prices provided for in Regulation (EEC) No 100/76; whereas the grading hitherto carried out at national level should therefore be standardized; Whereas fish have hitherto been graded only before being sold for the first time, since a large proportion of such fish is immediately filleted or otherwise processed; whereas application of common standards should therefore be limited to the first marketing stage in the Community; Whereas the standards must apply to all fish intended for human consumption, including (*) See page 1 of this Official Journal. imported fish, marketed on the territory of the Member States of the Community; whereas the limitation of the obligation incumbent on the industry to fish intended for human consumption enables a clearer and more rapid distinction to be made between products which are permitted for human consumption and which, being used for that purpose, are therefore subject to grading, and other products; whereas this will facilitate both marketing at the stage where standards are applied and the checking of compliance with these standards; whereas it seems. necessary, however, to exclude from the field of application of the standards certain direct sales of small quantities to retailers or consumers; Whereas the 11 species covered by this Regulation represent about 60 % of Community production of fresh fish and 80 ®o of imports from third countries; whereas priority should therefore be given to the adoption of standards for these species; Whereas freshness is a decisive factor in assessing the quality of fish; whereas grading by size is also essential because of the diversity of consumers’ buying habits and the processing methods normally used in the Community; Whereas the varying degrees of freshness and differences in size must be made adequately clear; whereas it is advisable therefore to provide for a limited, yet sufficient, number of freshness and size categories; Whereas there is at present no objective method of assessing the freshness of fish both rapidly and cheaply; whereas only organoleptic examination, which is, moreover, in use in the Member States, meets this requirement and constitutes an acceptable method; Whereas, in view of normal practice in most Member States, it is advisable that the industry should grade fish for freshness and size; whereas, with a view in particular to assessing freshness by organoleptic criteria, provision should be made for the collaboration of experts appointed for this purpose by the trade organizations concerned;