EN Official Journal of the European Union L 194/33

COMMISSION IMPLEMENTING DECISION

of 19 July 2012

authorising methods for grading pig carcasses in Belgium

(notified under document C(2012) 4933)

(Only the Dutch and French texts are authentic)

(2012/416/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 43(m), in conjunction with Article 4 thereof,

Whereas:

(1) Point 1 of Section B.IV of Annex V to Regulation (EC) No 1234/2007 provides that, for the classification of pig carcasses, the lean-meat content has to be assessed by means of grading methods authorised by the Commission, which methods may only be statistically proven assessment methods based on the physical measurement of one or more anatomical parts of the pig carcass. The authorisation of grading methods is subject to compliance with a maximum tolerance for statistical error in assessment. That tolerance is defined in Article 23(3) of Commission Regulation (EC) No 1249/2008 of 10 December 2008 laying down detailed rules on the implementation of the Community scales for the classification of beef, pig and sheep carcasses and the reporting of prices thereof (2).

(2) By Decision 97/107/EC (3), the Commission authorised the use of five methods for grading pig carcasses in Belgium.

(3) Due to changes in the pig population, the formulae used with these methods are currently underestimating the lean meat content. It is therefore necessary to update the formula of the authorised methods and to obtain and use three new grading methods.

(4) Belgium has requested the Commission to authorise eight methods for grading pig carcasses on its territory and has presented a detailed description of the dissection trial, indicating the principles on which those methods are based, the results of its dissection trial and the equations used for assessing the percentage of lean meat in the protocol provided for in Article 23(4) of Regulation (EC) No 1249/2008.

(5) Examination of that request has revealed that the conditions for authorising those grading methods are fulfilled. Those grading methods should therefore be authorised in Belgium.

(6) Modifications of the apparatus or grading methods should not be allowed, unless they are explicitly authorised by Commission Implementing Decision.

(7) For reasons of clarity and legal certainty, Decision 97/107/EC should be repealed.

(8) In view of the technical circumstances while introducing new devices and new equations, the methods for grading pig carcasses authorised under Decision 97/107/EC should continue to apply up to 30 September 2012.

(9) The measures provided for in this Decision are in accordance with the opinion of the Management Committee for the Common Organisation of the Agricultural Markets,

HAS ADOPTED THIS DECISION:

Article 1

The use of the following methods is authorised for grading pig carcasses pursuant to point 1 of Section B.IV of Annex V to Regulation (EC) No 1234/2007 in Belgium:

(a) the ‘Capteur Gras/Maigre — Sydel (CGM)’ apparatus and the assessment methods related thereto, details of which are given in Part 1 of the Annex;

(b) the ‘Giralda Choirometer Pork Grader (PG 200)’ apparatus and the assessment methods related thereto, details of which are given in Part 2 of the Annex;

(c) the ‘Hennessy Grading Probe (HGP 4)’ apparatus and the assessment methods related thereto, details of which are given in Part 3 of the Annex;

(d) the ‘Fat-O-Meat’er (FOM II)’ apparatus and the assessment methods related thereto, details of which are given in Part 4 of the Annex;

(e) the ‘OptiScan TP’ apparatus and the assessment methods related thereto, details of which are given in Part 5 of the Annex;

(f) the ‘CSB Image-Meater’ apparatus and the assessment methods related thereto, details of which are given in Part 6 of the Annex;

(g) the ‘VCS 2000’ apparatus and the assessment methods related thereto, details of which are given in Part 7 of the Annex;

(h) the ‘AutoFOM III’ apparatus and the assessment methods related thereto, details of which are given in Part 8 of the Annex.

Article 2

Modifications of the authorised apparatus or assessment methods shall not be allowed, unless those modifications are explicitly authorised by Commission Implementing Decision.

Article 3

Decision 97/107/EC is repealed.

However, up to 30 September 2012, Belgium may continue to apply the methods for grading pig carcasses authorised under Decision 97/107/EC.

Article 4

This Decision is addressed to the Kingdom of Belgium.

Done at Brussels, 19 July 2012. For the Commission Dacian CIOLOȘ Member of the Commission

(1) OJ L 299, 16.11.2007, p. 1.

(2) OJ L 337, 16.12.2008, p. 3.

(3) OJ L 39, 8.2.1997, p. 17.