Introductory text

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^f1, 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 or chilled fish^f2, as last amended by Council Regulation (EEC) No 3396/85^f3, 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 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 arrangements 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,

HAS ADOPTED THIS REGULATION: