Commission Regulation (EEC) No 3703/85Show full title

Article 1 U.K.

This Regulation lays down detailed rules for the control of the conformity with the common marketing standards laid down by [F1 Council Regulation (EC) No 2406/96] for the grading and the weighing of certain species.

Textual Amendments

F1 Words in Art. 1 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 21(2); 2020 c. 1, Sch. 5 para. 1(1)

Article 2 U.K.

A lot is to be considered as uniform within the meaning of Articles [F2 5(1) and 8(2) of Council Regulation (EC) No 2406/96] 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.

Textual Amendments

F2 Words in Art. 2 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 21(3); 2020 c. 1, Sch. 5 para. 1(1)

Article 3 U.K.

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 [F3 5(1) and 8(2) of Council Regulation (EC) No 2406/96] 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 [F4 a fisheries administration] are authorized to fix a quantity less than 100 kg where specific production and marketing conditions require it.

Textual Amendments

F3 Words in Art. 3 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 21(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 3 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 21(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 4 U.K.

[F5 A fisheries administration must] take all necessary steps to ensure that the grading of the product in accordance with the provisions of [F6 Council Regulation (EC) No 2406/96] cannot be altered when the product is first offered for sale except under the supervision of the competent authorities.

Textual Amendments

F5 Words in Art. 4 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 21(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 4 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 21(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 5 U.K.

To ensure that the contents of standardized boxes are the same as their presumed contents, as provided for in [F7 8(3) of Council Regulation (EC) No 2406/96], at least one box in every hundred boxes must be weighed, without prejudice to more restrictive [F8 requirements in any other enactment]. The net weight may vary F9 ... by 5 % above or below the weight stated or presumed, subject to more restrictive [F10 requirements in any other enactment].

Textual Amendments

F7 Words in Art. 5 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 21(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 5 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 21(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 5 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 21(6)(c); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 5 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 21(6)(d); 2020 c. 1, Sch. 5 para. 1(1)

[F11 Article 6 U.K.

Grading and the indication of the size category and degree of freshness, as referred to in Articles [F12 5 and 8 of Council Regulation (EC) No 2406/96], shall take place allowing a reasonable period before the product is first offered for sale, so as to facilitate [F13 inspection].

Textual Amendments

F11 Substituted by Commission Regulation (EEC) No 3506/89 of 23 November 1989 amending Regulation (EEC) No 3703/85 laying down detailed rules for applying the common marketing standards for certain fresh or chilled fish.

F12 Words in Art. 6 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 21(7)(a); 2020 c. 1, Sch. 5 para. 1(1)

F13 Word in Art. 6 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 21(7)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 7 U.K.

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 [F14 Council Regulation (EC) No 2406/96], 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 F15 .... 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 (tonnes)	Minimum weight to be sampled (kg)
Less than 5	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.

Textual Amendments

F11 Substituted by Commission Regulation (EEC) No 3506/89 of 23 November 1989 amending Regulation (EEC) No 3703/85 laying down detailed rules for applying the common marketing standards for certain fresh or chilled fish.

F14 Words in Art. 7(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 21(8)(a); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Art. 7(2) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 21(8)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 8 U.K.

1. All fish in each sample shall be graded in accordance with [F16 Council Regulation (EC) No 2406/96]. The freshness shall be determined in accordance with the criteria set out in point I of Annex A to that Regulation.

The quantities intended for sale shall then be graded in the same categories as those resulting from the grading of the sample fish provided that visual inspection of the quantities in question raises no doubts as to whether the sample is representative.

Variations in size and freshness as provided for in Article 2 shall be allowed.

2. If a sample indicates that:

(a) a proportion of the fish examined, representing more than 10 % of the quantity in the sample, falls within category B, the minimum weight to be sampled must be at least double that specified in Article 7 (3). A suitable number of fish shall also be examined in accordance with the freshness criteria specified in point II of Annex A to [F17 Council Regulation (EC) No 2406/96]. The quantities concerned may be graded in a higher category than B if the quality of all the fish of the second sample is higher than B;

(b) a proportion of the fish examined does not meet the requirements laid down for marketing for human consumption, the quantities concerned may not be used for that purpose, unless grading in accordance with Articles [F18 4, 5 and 8 of Council Regulation (EC) No 2406/96] shows that a proportion thereof may be marketed for human consumption;

(c) some quantities may not be homogeneous in terms of freshness and size, the weight of the additional samples to be taken shall be decided by the experts referred to in Article [F19 12 of Council Regulation (EC) No 2406/96].

3. If a visual inspection of the fish indicates that they have not been preserved on board the vessels F20 ... the method of assessment laid down in paragraph 2 (a) of this Article shall apply.

Textual Amendments

F11 Substituted by Commission Regulation (EEC) No 3506/89 of 23 November 1989 amending Regulation (EEC) No 3703/85 laying down detailed rules for applying the common marketing standards for certain fresh or chilled fish.

F16 Words in Art. 8(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 21(9)(a); 2020 c. 1, Sch. 5 para. 1(1)

F17 Words in Art. 8(2)(a) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 21(9)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F18 Words in Art. 8(2)(b) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 21(9)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F19 Words in Art. 8(2)(c) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 21(9)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in Art. 8(3) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 21(9)(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 9 U.K.

[F21 A fisheries administration must] ensure by means of regular checks that [F22 Council Regulation (EC) No 2406/96] is complied with as regards products graded in accordance with the sampling procedure.]

Textual Amendments

F11 Substituted by Commission Regulation (EEC) No 3506/89 of 23 November 1989 amending Regulation (EEC) No 3703/85 laying down detailed rules for applying the common marketing standards for certain fresh or chilled fish.

F21 Words in Art. 9 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 21(10)(a); 2020 c. 1, Sch. 5 para. 1(1)

F22 Words in Art. 9 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 21(10)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 10 U.K.

1. In order to ascertain the weight of the quantities put up for sale and landed the recipient units, or the transport vehicle into which these quantities are loaded, shall be weighed.

If such weighing cannot be carried out, the weight of the landed quantities shall be calculated by addition of the contents of the standardized boxes in which the quantities must be landed. However, a supplementary weighing by sample shall be carried out for the standardized boxes.

2. If the quantities are presented for public auction in standardized boxes to be marketed for a particular sale, weighing shall be carried out according to the provisions of Article 5.

3. The weight of quantities transshipped on board a vessel shall be calculated by applying the coefficients shown in Annex I:

• on the one hand, to the volume of the catches taken by each vessel or to the contents of each tank as measured by the appropriate technical means,

• on the other hand, to the volume of the quantities transshipped to the processing vessel as measured by means of the recipient approved by [F23 a local weights and measures authority].

Textual Amendments

F23 Words in Art. 10(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 21(11); 2020 c. 1, Sch. 5 para. 1(1)

Article 11 U.K.

Within the framework of the sampling system [F24 a fisheries administration must] take all necessary measures to ensure in particular:

• that all [F25 United Kingdom fishing] vessels possess appropriate facilities, and use these facilities for maintaining the quality of the products concerned in accordance with the criteria laid down in [F26 Council Regulation (EC) No 2406/96],

• that, [F27 in relation to United Kingdom fishing vessels] equipped with fish tanks, the tanks are properly cleaned, that the temperature in the tanks is suitable for the keeping of fish and that this temperature can be noted,

• that all quantities marketed are recorded, with a breakdown by freshness and size cateogry. Recording shall be based, in the case referred to in Article [F11 10, paragraph 1, on the substantiating documents signed by the skipper of the vessel concerned and by the purchaser and, in the case referred to in Article 10], paragraph 3, on those signed by the skippers of the vessels concerned.

Textual Amendments

F11 Substituted by Commission Regulation (EEC) No 3506/89 of 23 November 1989 amending Regulation (EEC) No 3703/85 laying down detailed rules for applying the common marketing standards for certain fresh or chilled fish.

F24 Words in Art. 11 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 21(12)(a); 2020 c. 1, Sch. 5 para. 1(1)

F25 Words in Art. 11 inserted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 21(12)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F26 Words in Art. 11 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 21(12)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F27 Words in Art. 11 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 21(12)(c); 2020 c. 1, Sch. 5 para. 1(1)

F28 Article 12 U.K.

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Textual Amendments

F28 Art. 12 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 21(13); 2020 c. 1, Sch. 5 para. 1(1)

F29 ...

Textual Amendments

F29 Art. 12 (including binding words) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 21(13); 2020 c. 1, Sch. 5 para. 1(1)