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►B COMMISSIONREGULATION(EC)No2331/97
of25November1997
onspecialconditionsforgrantingexportrefundsoncertain pigmeatproducts
(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
►M2Commission Regulation (EC) No 2882/2000 of 27 December 2000 L 333 72 29.12.20001997R2331 — EN — 01.01.2001 — 002.001 — 1
▼B
COMMISSIONREGULATION(EC)No2331/97
of25November1997
onspecialconditionsforgrantingexportrefundsoncertainpigmeat
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
Regulation (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 application
of 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 of
the 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 to berefused 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 4919, notcontainingpoultrymeat and for which the quality criteria should be set
high in order to limit any refunds granted to such products where the
quantities covered by export licence applications exceed or are likely toexceed traditional quantities;
Whereas it is essential to make provision for checks to ensure
compliance with this Regulation; whereas such checks are to beconducted pursuant to Commission Regulation (EC) No 2221/95 of 20
September 1995 layingdown detailed rules for the application of
Council Regulation (EEC) No 386/90 as regards physical checks carriedout at the time of export of agricultural products qualifying forrefunds(
7), as amended by Regulation (EC) No 1167/97(8), and must in
particular include an organoleptic examination and physical andchemcial analyses; whereas applications for refunds must accordingly
be accompanied by a written declaration to the effect that the products in
question meet the requirements 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
products on which refunds are granted and in the references to the
various Regulations concerned; whereas, for the sake of simpler
administration, Commission Regulation (EEC) No 171/78 of 30 January1978 on special conditions for granting export refunds on certain1997R2331 — EN — 01.01.2001 — 002.001 — 2
(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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pigmeat products(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 on
the 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 Regulation
shall 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.1997R2331 — EN — 01.01.2001 — 002.001 — 3
(1) OJ L 25, 31. 1. 1978, p. 21.
(2) OJ L 160, 13. 6. 1992, p. 12.
ANNEX I
Specialconditionsforgrantingexportrefundsoncertain pigmeatproducts
CN code Description Product code Conditions
1601 00 Sausages and similar products, of meat, meat offal or blood;
food preparations based on these products:
– Other:
1601 0091 – – Sausages, dry or for spreading, uncooked
– – Not containing poultry meat or offal 160100919120 (a) protein content by weight: minimum 16 % of net weight
(b) no addition of extraneous water
(c) proteins other than animal proteins are prohibited
– – Other 160100919190 (a) protein content by weight: minimum 12 % of net weight
(b) no addition of extraneous water
(c) proteins other than animal proteins are prohibited
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 water content by weight: maximum 25 % of net
weight
---I ncontainers which also contain preservingliquid ►M11601 00 99 9190 ◄(a) animal protein content by weight: minimum 8 % of net weight
(b) collagen/protein ratio: maximum 0,45(c) extraneous water content by weight: maximum 33 % of net
weight
- - - Other, not containing poultry 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 water content by weight: maximum 10 % of net
weight
- - - Other: ►
M11601 00 99 9190 ◄(a) animal protein content by weight: minimum 8 % of net weight
(b) collagen/protein ratio: maximum 0,45▼B1997R2331 — EN — 01.01.2001 — 002.001 — 4▼M2
▼B
CN code Description Product code Conditions
(c) extraneous water content by weight: maximum 23 % of net
weight
1602 Other prepared or preserved meat, meat offal or blood:
- Of swine:
ex 1602 41 - - Hams and cuts thereof:
ex 1602 41 10 ---O fdomestic swine:
----Containingby weig ht 80 % or more of meat or fat 1602 41 10 9210 Water/protein ratio in meat: maximum 4,3
ex 1602 42 - - Shoulders and cuts thereof:
1602 42 10 ---O fdomestic swine:
----Containingby weig ht 80 % or more of meat or fat 1602 42 10 9210 Water/protein in meat: maximum 4,5
ex 1602 49 19 -----Other:
------N o t containing poultry meat or offal 1602 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▼B1997R2331 — EN — 01.01.2001 — 002.001 — 5
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ANNEX II
Methodsofanalysis (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 determinedaccordingto ISO method 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 accordingto ISO method 3496-1978.1997R2331 — EN — 01.01.2001 — 002.001 — 6
(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 amendment to suchmethods. They are published by the ISO Secretariat, 1 Rue de Varembé, Geneva,
Switzerland.