1997R2331 — EN — 02.04.1998 — 001.001 — 1
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►B COMMISSION REGULATION (EC) No 2331/97
of 25 November 1997
on special conditions for granting export refunds on certain pigmeat products
(OJ L 323, 26.11.1997, p. 19)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 739/98 of 1 April 1998 L 102 22 2.4.1998
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COMMISSION REGULATION (EC) No 2331/97
of 25 November 1997
on special conditions for granting export refunds on certain
pigmeat products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Havingreg ard to the Treaty establishingthe European Community,
Having regard to Council Regulation (EEC) No 2759/75 of 29 October
1975 on the common organization of the market in pigmeat(1), as last
amended by Regulation (EC) No 3290/94 (2), and in particular Articles
13 (12) and 22 thereof,
Having regard to Council Regulation (EEC) No 386/90 of 12 February
1990 on the monitoringcarried out at the time of export of ag riculturalproducts receivingrefunds or other amounts(
3), as amended by Regula-
tion (EC) No 163/94 (4), and in particular Article 6 thereof,
Whereas Article 13 of Commission Regulation (EEC) No 3665/87 of 27
November 1987 layingdown common detailed rules for the applicationof the system of export refunds on agricultural products(
5), as last
amended by Regulation (EC) No 2114/97 (6), provides that no refund is
to be granted where the products or goods are not of sound and fairmarketable quality in the form in which they are exported;
Whereas such requirements have nevertheless proved insufficient to
ensure that uniform conditions apply when refunds are paid on some ofthe products listed in Article 1 (1) of Regulation (EEC) No 2759/75;
Whereas additional conditions relatingto products of averag e quality
and enablingthe payment of refunds on products of inferior quality tobe refused should consequently be laid down at Community level;
Whereas provision should be made for an additional quality in the case
of products fallingwithin CN codes 1601 00 99 and 1602 49 19, notcontainingpoultrymeat and for which the quality criteria should be sethigh in order to limit any refunds granted to such products where thequantities covered by export licence applications exceed or are likely toexceed traditional quantities;
Whereas it is essential to make provision for checks to ensure compli-
ance with this Regulation; whereas such checks are to be conductedpursuant to Commission Regulation (EC) No 2221/95 of 20 September1995 layingdown detailed rules for the application of Council Reg ula-tion (EEC) No 386/90 as regards physical checks carried out at the timeof export of agricultural products qualifying for refunds(
7), as amended
by Regulation (EC) No 1167/97 (8), and must in particular include an
organoleptic examination and physical and chemcial analyses; whereasapplications for refunds must accordingly be accompanied by a writtendeclaration to the effect that the products in question meet the require-ments laid down herein;
Whereas provision must be made for certain clearly defined analyses
with a view to ensuringstandardization of the physical and chemicalchecks;
Whereas, furthermore, there have been changes in the number of prod-
ucts on which refunds are granted and in the references to the variousRegulations concerned; whereas, for the sake of simpler administration,Commission Regulation (EEC) No 171/78 of 30 January 1978 on
(1) OJ L 282, 1. 11. 1975, p. 1.
(2) OJ L 349, 31. 12. 1994, p. 105.
(3) OJ L 42, 16. 2. 1990, p. 6.
(4) OJ L 24, 29. 1. 1994, p. 2.
(5) OJ L 351, 14. 12. 1987, p. 25.
(6) OJ L 295, 29. 10. 1997, p. 3.
(7) OJ L 224, 21. 9. 1995, p. 13.
(8) OJ L 169, 27. 6. 1997, p. 12.
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special conditions for granting export refunds on certain pigmeat prod-
ucts(1), as last amended by Regulation (EEC) No 1526/92 (2), should
accordingly be repealed;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Pigmeat,
HAS ADOPTED THIS REGULATION:
Article 1
1. Without prejudice to other Community provisions and in particular
Regulation (EEC) No 3665/87, export refunds shall only be granted onthe products listed in Annex I hereto where:
(a) they meet the conditions laid down therein;
and
(b) box 44 of the export declaration bears the words ‘goods complying
with Regulation (EC) No 2331/97'.
2. For the purposes of this Regulation, products manufactured for
human consumption and suitable therefor by reason of the raw materialsused, their preparation under satisfactory hygienic conditions and theirpackaging shall be deemed to be of sound and fair marketable qualitywithin the meaningof Article 13 of Reg ulation (EEC) No 3665/87.
Article 2
When the checks referred to in Article 5 of Regulation (EC) No 2221/
95 are conducted, the checks on the products covered by this Regulationshall entail:
(a) an organoleptic examination;
and
(b) physical and chemical analyses usingthe methods laid down in
Annex II hereto.
Article 3
Regulation (EEC) No 171/78 is hereby repealed.
Article 4
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Communities .
It shall apply from 1 December 1997.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
(1) OJ L 25, 31. 1. 1978, p. 21.
(2) OJ L 160, 13. 6. 1992, p. 12.
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CN code Description Product code ConditionsANNEX I
Special conditions for granting export refunds on certain pigmeat products
1601 00 Sausages and similar prod-
ucts, of meat, meat offal orblood; food preparationsbased on these products:
−Other:
1601 00 91 −−Sausages, dry or forspreading, uncooked ►M1
1601 00 91 9000
◄(a) protein content by
weight: minimum 12 % ofthe net weight
(b) no addition of extra-neous water
(c) proteins other thananimal proteins are prohib-ited
1601 00 99 −−Other:
−−−In containers which
also contain preservingliquid, not containingpoultry meat or offal1601 00 99 9110 (a) animal protein content
by weight: minimum 10 %of net weight
(b) collagen/protein ratio:maximum 0,30
(c) extraneous watercontent by weight:maximum 25 % of netweight
−−−In containers which
also contain preservingliquid►M1
1601 00 99 9190
◄(a) animal protein content
by weight: minimum 8 %of net weight
(b) collagen/protein ratio:maximum 0,45
(c) extraneous watercontent by weight:maximum 33 % of netweight
−−−Other, not containingpoultry meat or offal 1601 00 99 9110 (a) animal protein content
by weight: minimum 10 %of net weight
(b) collagen/protein ratio:maximum 0,30
(c) extraneous watercontent by weight:maximum 10 % of netweight
−−−Other: ►M1
1601 00 99 9190
◄(a) animal protein content
by weight: minimum 8 %of net weight
(b) collagen/protein ratio:maximum 0,45
(c) extraneous watercontent by weight:maximum 23 % of netweight
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CN code Description Product code Conditions
1602 Other prepared or
preserved meat, meat offalor blood:
−Of swine:
ex 1602 41 −−Hams and cuts thereof:
ex 1602 41 10 −−−Of domestic swine:
−−−−Containingby
weight 80 % or more ofmeat or fat1602 41 10 9210 Water/protein ratio in
meat: maximum 4,3
ex 1602 42 −−Shoulders and cutsthereof:
1602 42 10 −−−Of domestic swine:
−−−−Containingby
weight 80 % or more ofmeat or fat1602 42 10 9210 Water/protein in meat:
maximum 4,5
ex 1602 49 19 −−−−− Other:
−−−−−−Not containing
poultry meat or offal1602 49 19 9120 (a) animal protein content
by weight: minimum 12 %of net weight
(b) collagen/protein ratio:maximum 0,30
−−−−−− Other 1602 49 19 9190 (a) animal protein content
by weight: minimum 8 %of net weight
(b) collagen/protein ratio:maximum 0,45
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ANNEX II
Methods of analysis(1)
1.Determination of protein content
The protein content is taken to mean the nitrogen content multiplied by the
factor 6,25. The nitrogen content must be determined according to ISOmethod 937-1978.
2.Determination of water content in products falling within headings 1601 and
1602 of the combined nomenclature
The water content must be determined accordingto ISO method 1442-1973.
3.Calculation of extraneous water content
The extraneous water content is given by the formula: a−4b, in which:
a = water content,b = protein content.
4.Determination of collagen content
The collagen content is taken to mean the hydroxyproline content multiplied
by the factor 8. The hydroxyproline content must be determined accordingtoISO method 3496-1978.
(1) The methods of analysis referred to in this Annex are those applyingon the date of
entry into force of this Regulation, without prejudice to any subsequent amendmentto such methods. They are published by the ISO Secretariat, 1 Rue de Varembé,Geneva, Switzerland.