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( 1 ) SEE PAGE 1 OF THIS OFFICIAL JOURNAL .

( 2 ) OJ NO C 128 , 9 . 6 . 1975 , P . 39 .

( 3 ) OJ NO L 234 , 25 . 10 . 1970 , P . 1 .

( 4 ) OJ NO L 271 , 5 . 10 . 1974 , P . 1 .

REGULATION ( EEC ) NO 2760/75 OF THE COUNCIL OF 29 OCTOBER 1975 DETERMINING THE COMMUNITY SCALE FOR GRADING PIG CARCASES

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 43 THEREOF ;

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 2759/75 ( 1 ) OF 29 OCTOBER 1975 ON THE COMMON ORGANIZATION OF THE MARKET IN PIGMEAT , AND IN PARTICULAR ARTICLES 2 AND 4 ( 5 ) THEREOF ;

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ) ;

WHEREAS , BEFORE 1 AUGUST OF EACH YEAR , A BASIC PRICE MUST BE FIXED FOR PIG CARCASES OF A STANDARD QUALITY DEFINED BY REFERENCE TO A COMMUNITY SCALE FOR GRADING PIG CARCASES ;

WHEREAS IT IS , THEREFORE , NECESSARY TO ESTABLISH RULES ENSURING UNIFORM GRADING OF PIG CARCASES ;

WHEREAS THIS GRADING MUST BE MADE ON THE BASIS OF THE WEIGHT OF THE CARCASE , THE THICKNESS OF THE BACK FAT AND THE SUBJECTIVE ASSESSMENT OF MUSCULAR DEVELOPMENT IN THE PRINCIPAL PARTS OF THE CARCASE ( HAM , LOIN , SHOULDER , BELLY ) OR ON THE BASIS OF AN OBJECTIVE METHOD FOR FIXING THE LEAN MEAT CONTENT ;

WHEREAS USE OF THE ABOVEMENTIONED METHODS ENABLES THE FOLLOWING FIVE COMMERCIAL GRADES TO BE DETERMINED : E ( EXTRA ) , I ( VERY GOOD PROPORTION OF MEAT ) , II ( GOOD PROPORTION OF MEAT ) , III ( AVERAGE PROPORTION OF MEAT ) , IV ( HEAVY OR FATTY PIG CARCASES ) ;

WHEREAS BECAUSE THE WEIGHT DISTRIBUTION OF PIG CARCASES DIFFERS BETWEEN MEMBER STATES , MEMBER STATES SHOULD BE GIVEN THE POSSIBILITY OF NOT TAKING ACCOUNT OF WEIGHT GRADES LOWER THAN 60 KG AND OF LIMITING IN GRADES E , I , II AND III THE NUMBER OF WEIGHT GRADES BY PUTTING INTO A SINGLE GRADE PIG CARCASES OF 80 KG OR MORE OF GRADE E AND PIG CARCASES OF 90 KG OR MORE OF GRADES I , II AND III ;

WHEREAS TO MAKE POSSIBLE QUOTATIONS FOR PIG CARCASES ON A COMMON BASIS AND TO MAKE THESE QUOTATIONS COMPARABLE TO THE BASIC PRICES FOR THE STANDARD QUALITY , THE COMMUNITY SCALE SHOULD BE USED FOR DETERMINING QUOTATIONS FOR PIG CARCASES AND IN PARTICULAR FOR DETERMINING THE AVERAGE PRICE FOR PIG CARCASES REFERRED TO IN ARTICLE 4 OF REGULATION ( EEC ) NO 2759/75 .

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . THE COMMUNITY SCALE FOR GRADING PIG CARCASES SHALL BE AS SHOWN IN ANNEX I AND THE BASES FOR THE GRADING OF THESE CARCASES AS IN ANNEX II .

2 . NOTWITHSTANDING PARAGRAPH 1 , MEMBER STATES WHICH SO REQUEST MAY , IN VIEW OF THE CHARACTERISTICS OF THEIR PIGMEAT PRODUCTION , BE AUTHORIZED IN ACCORDANCE WITH THE PROCEDURE PROVIDED FOR IN ARTICLE 24 OF REGULATION ( EEC ) NO 2759/75 :

( A ) TO DISREGARD WEIGHT CATEGORIES OF UP TO 60 KG ;

( B ) TO REPLACE :

- THE WEIGHT CATEGORIES FOR PIG CARCASES OF 90 KG AND MORE IN COMMERCIAL GRADES I , II AND III BY A SINGLE WEIGHT CATEGORY TO INCLUDE PIG CARCASES OF WHICH THE THICKNESS OF THE BACK FAT DOES NOT EXCEED :

IN GRADE I : 35 MM ,

IN GRADE II : 40 MM ,

IN GRADE III : 45 MM ,

- THE WEIGHT CATEGORIES FOR PIG CARCASES OF 80 KG AND MORE IN COMMERCIAL GRADE E ( EXTRA ) BY A SINGLE WEIGHT CATEGORY TO INCLUDE PIG CARCASES OF WHICH THE THICKNESS OF THE BACK FAT DOES NOT EXCEED 25 MM .

3 . MEMBER STATES SHALL APPLY ONE OF THE TWO METHODS OF GRADING PIG CARCASES DESCRIBED IN ANNEX II ( B ) .

ARTICLE 2

SUBJECT TO ANY EXCEPTION WHICH MAY BE DECIDED UPON BY THE COUNCIL , ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION , AND MADE NECESSARY BY THE TEMPORARY LACK OF REPRESENTATIVE QUOTATIONS FOR PIG CARCASES IN A MEMBER STATE , THE LATEST DATE FOR DETERMINING QUOTATIONS FOR PIG CARCASES ACCORDING TO THE COMMUNITY SCALE SHALL BE 1 NOVEMBER 1971 .

ARTICLE 3

DETAILED RULES FOR THE APPLICATION OF THIS REGULATION , AND IN PARTICULAR MEASURES ENSURING ITS UNIFORM APPLICATION , SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 24 OF REGULATION ( EEC ) NO 2759/75 .

ARTICLE 4

1 . COUNCIL REGULATION ( EEC ) NO 2108/70 ( 3 ) OF 20 OCTOBER 1970 DETERMINING THE COMMUNITY SCALE FOR GRADING PIG CARCASES , AS LAST AMENDED BY REGULATION ( EEC ) NO 2507/74 ( 4 ) , IS HEREBY REPEALED .

2 . REFERENCES TO THE REGULATION REPEALED BY PARAGRAPH 1 SHALL BE CONSTRUED AS REFERENCES TO THIS REGULATION .

ARTICLE 5

THIS REGULATION SHALL ENTER INTO FORCE ON 1 NOVEMBER 1975 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT LUXEMBOURG , 29 OCTOBER 1975 .

FOR THE COUNCIL

THE PRESIDENT

G . MARCORA

ANNEX I : SEE O.J . NO L 282 OF 1 . 11 . 75

ANNEX II

BASES FOR GRADING PIG CARCASES

A . DEFINITIONS

1 . " CARCASES "

CARCASES , BLED AND DRAWN , WHOLE OR DIVIDED DOWN THE MIDDLE , WITHOUT TONGUE , BRISTLES , HOOVES AND GENITAL ORGANS .

2 . " SOW CARCASES "

CARCASES OF ALL WEIGHTS OF FEMALE DOMESTIC SWINE HAVING FARROWED AT LEAST ONCE .

3 . " BOAR CARCASES "

CARCASES OF ALL WEIGHTS OF MALE DOMESTIC SWINE HAVING BEEN USED FOR BREEDING .

4 . " WEIGHT "

WEIGHT OF CARCASE COLD .

5 . " LEAN MEAT CONTENT "

THE RELATIONSHIP BETWEEN THE WEIGHT OF MUSCLES OBTAINED BY TOTAL DISSECTION OF THE CARCASE AND THE WEIGHT OF THIS CARCASE .

B . PIG CARCASES ARE GRADED :

1 . EITHER BY COMBINING :

- ASSESSMENT OF FATNESS ARRIVED AT BY MEASURING THE THICKNESS OF BACK FAT IN ACCORDANCE WITH C 1 OF THIS ANNEX IN RELATION TO THE WEIGHT OF THE CARCASE , AND

- SUBJECTIVE ASSESSMENT OF THE MUSCULAR DEVELOPMENT IN THE PRINCIPAL PARTS OF THE CARCASE , I.E . HAM , LOIN , SHOULDER AND BELLY ;

2 . OR BY ESTIMATING THE LEAN MEAT CONTENT BY MEASURING THE THICKNESS OF THE BACK FAT OFF THE MIDLINE IN ACCORDANCE WITH C 2 OF THIS ANNEX AND/OR BY MEANS OF OTHER OBJECTIVE MEASUREMENTS .

C . THICKNESS OF BACK FAT IS MEASURED :

1 . EITHER ON A SPLIT CARCASE , SKIN INCLUDED , IN THE CENTRE OF THE MUSCULAR MASS AT THE LEVEL OF THE SACRUM AND AT THE LEVEL OF THE LAST RIB , THE GREATER THICKNESS RESULTING FROM THESE TWO MEASUREMENTS BEING ADOPTED ;

2 . OR OFF THE MID-LINE AT THE LEVEL OF THE LAST RIB BY A METHOD WHICH ALLOWS THE BACK FAT THICKNESS TO BE DETERMINED IN CLOSE CORRELATION WITH THAT ESTABLISHED BY THE METHOD IN 1 .