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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

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Change 1

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As published

Article 8

1. 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. 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 Regulation (EEC) No 103/76. 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 6, 7 and 8 of Regulation (EEC) No 103/76 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 11 of Regulation (EEC) No 103/76. 3. If a visual inspection of the fish indicates that they have not been preserved on board the vessels as laid down in Article 6 (6) of Regulation (EEC) No 103/76 the method of assessment laid down in paragraph 2 (a) of this Article shall apply.

Your change, as a redline

Article 8

1. 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. 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 Regulation (EEC) No 103/76. 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 6, 7 and 8 of Regulation (EEC) No 103/76 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 11 of Regulation (EEC) No 103/76. 3. If a visual inspection of the fish indicates that they have not been preserved on board the vessels as laid down in Article 6 (6) of Regulation (EEC) No 103/76 the method of assessment laid down in paragraph 2 (a) of this Article shall apply.

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