COMMISSION REGULATION (EEC) N° 3945/87

of 21 December 1987

amending Regulations (EEC) N° 171/78, (EEC) N° 232/83 and (EEC) N° 1700/84 on export refunds for pigmeat

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) N° 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular the second subparagraph of Article 15 (1) thereof,

Having regard to Council Regulation (EEC) N° 2759/75 of 29 October 1975 on the common organization of the market in pigmeat (2) as last amended by Regulation (EEC) N° 3906/87 (3), and in particular Article 15 (6) thereof,

Whereas, with effect from 1 January 1988, Regulation (EEC) N° 2658/87 establishes, on the basis of the harmonized system, a combined goods nomenclature which will meet the requirements both of the Common Customs Tariff and of the external trade statistics of the Community;

Whereas Commission Regulation (EEC) N° 3846/87 (4) establishes the nomenclature applicable to export refunds;

Whereas Commission Regulations (EEC) N° 171/78 of 30 January 1978 on special conditions for granting export refunds on certain pigmeat products (5), as last amended by Regulation (EEC) N° 206/83 (6), (EEC) N° 232/83 of 28 January 1983 establishing the list of pigmeat products eligible for the advance fixing of export refunds and repealing Regulation (EEC) N° 857/78 (7), as amended by Regulation (EEC) N° 922/85 (8), (EEC) N° 1700/84 of 18 June 1984 laying down special detailed rules for the application of the system of certificates of advance fixing of refunds in the pigmeat sector (9), as amended by Regulation (EEC) N° 922/85, must also be adapted to take account of the use of the new combined nomenclature based on the harmonized

system; whereas on this occasion the references to certain specified methods of analysis for checking the quality of products eligible for the granting of export refunds should be brought up to date;

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

Regulation (EEC) N° 171/78 is hereby amended as follows:

1. Annex I is replaced by Annex I to this Regulation.

2. Annex II is replaced by Annex II to this Regulation.

Article 2

The Annex to Regulation (EEC) N° 232/83 is hereby replaced by Annex III to this Regulation.

Article 3

Regulation (EEC) N° 1700/84 is hereby amended as follows:

1. The first indent of Article 2 is replaced by the following:

'- 6 ECU per 100 kilograms, net weight, for products falling within subheadings 0103 91 10, 0103 92 19, 0203 11 10, 0203 12 11, 0203 12 19, 0203 19 11, 0203 19 13, 0203 19 15, 0203 19 55, 0203 21 10, 0203 22 11, 0203 22 19, 0203 29 11, 0203 29 13, 0203 29 15 and 0203 29 55 of the combined nomenclature,'.

2. Article 3 (2) is replaced by the following:

'2. Furthermore, when advance fixing of the refund for certain or all destinations is possible only in respect of products covered by part of a subheading of the combined nomenclature, section 12 of the application

for a certificate and of the certificate itself shall contain the description of part of the subheading of the combined nomenclature, and the relevant code entered in section 8 shall be preceded by the expression ''ex''.

The certificate shall apply only to the product thus described.'

3. The Annex is replaced by Annex IV to this Regulation.

Article 4

This Regulation shall enter into force on 1 January 1988.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 21 December 1987.

For the Commission

Frans ANDRIESSEN

Vice-President

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(1) OJ N° L 256, 7. 9. 1987, p. 1.

(2) OJ N° L 282, 1. 11. 1975, p. 1.

(3) OJ N° L 370, 30. 12. 1987, p. 11.

(4) OJ N° L 366, 24. 12. 1987, p. 1.

(5) OJ N° L 25, 31. 1. 1978, p. 21.

(6) OJ N° L 26, 28. 1. 1983, p. 19.

(7) OJ N° L 27, 29. 1. 1978, p. 29.

(8) OJ N° L 100, 10. 4. 1985, p. 5.

(9) OJ N° L 161, 19. 6. 1984, p. 7.

ANNEX I

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ANNEX II

'ANNEX II

Methods of analysis (¹)

1. Determination of Boemer value:

The Boemer value must be determined according to ISO method 3577-1976.

2. Determination of peroxide value:

The peroxide value must be determined according to ISO method 3960-1977.

3. Determination of free fatty acids content:

The free fatty acids content must be determined by neutralization of the free fatty acids according to ISO method 660-1983.

4. Determination of water and dirt content in products falling within subheading 1501 00 39 of the combined nomenclature:

The water content must be determined according to ISO method 662-1980 and the dirt content according to ISO method 663-1981.

5. Determination of protein content:

The protein content shall be taken to mean the nitrogen content multiplied by the factor 6,25. The nitrogen content must be determined according to ISO method 937-1978.

6. Determination of water content in products falling within heading Nos 1601 and 1602 of the combined nomenclature:

The water content must be determined according to ISO method 1442-1973.

7. Calculation of extraneous water content:

The extraneous water content is given by the formula: a 4b, in which:

a = water content,

b = protein content.

8. Determination of collagen content:

The collagen content shall be taken to mean the hydroxyproline content multiplied by the factor 8. The hydroxyproline content must be determined according to ISO method 3496-1978.

(;) The methods of analysis indicated in this Annex are those operative on the date of entry into force of this Regulation without prejudice to any amendment which might be made to these methods at a later stage. They are published by the Secretariat of ISO, 1 rue de Varembé, Geneva, Switzerland.'

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ANNEX III

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ANNEX IV

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