EN Official Journal of the European Union L 136/95

COMMISSION IMPLEMENTING DECISION

of 20 May 2011

authorising methods for grading pig carcasses in the Netherlands

(notified under document C(2011) 3427)

(Only the Dutch text is authentic)

(2011/303/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 2005/627/EC (3), the Commission authorised the use of two methods for grading pig carcasses in the Netherlands.

(3) Due to technical adaptations and the fact that a change in the Dutch pig population is foreseen as castrated males are expected to be absent in the near future, the Netherlands has requested the Commission to authorise three 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.

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

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

(6) For reasons of clarity and legal certainty, Decision 2005/627/EC should be repealed.

(7) In view of the technical circumstances while introducing new devices and new equations, the methods for grading pig carcasses authorised under this Decision should apply from 3 October 2011.

(8) 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 hereby authorised for grading pig carcasses pursuant to point 1 of Section B.IV of Annex V to Regulation (EC) No 1234/2007 in the Netherlands:

— the Hennessy Grading Probe (HGP 7) apparatus and the assessment methods related thereto, details of which are given in Part 1 of the Annex,

— the Capteur Gras/Maigre — Sydel (CGM) apparatus and the assessment methods related thereto, details of which are given in Part 2 of the Annex,

— the CSB Image-Meater (CSB) apparatus and the assessment methods related thereto, details of which are given in Part 3 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 Decision.

Article 3

Decision 2005/627/EC is repealed.

Article 4

This Decision shall apply from 3 October 2011.

Article 5

This Decision is addressed to the Kingdom of the Netherlands.

Done at Brussels, 20 May 2011. For the Commission Dacian CIOLOŞ 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 224, 30.8.2005, p. 17.