Commission Regulation (EC) No 903/2008 of 17 September 2008 on special conditions for granting export refunds on certain pigmeat products (Codified version)
Date: 2008-09-17
Institutions: European Commission
Subjects: codification of EU law, export refund, food inspection, meat product, pigmeat

18.9.2008

EN

Official Journal of the European Union

L 249/3

COMMISSION REGULATION (EC) No 903/2008

of 17 September 2008

on special conditions for granting export refunds on certain pigmeat products

(Codified version)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri­
cultural markets and on specific provisions for certain agri­
cultural products (Single CMO Regulation) (1), and in particular
Articles 170 and 192 in connection with Article 4 thereof,

Having regard to Council Regulation (EEC) No 386/90 of
12 February 1990 on the monitoring carried out at the time
of export of agricultural products receiving refunds or other
amounts (2), and in particular Article 6 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(EC) No

Regulation

Commission
of
25 November 1997 on special conditions for granting
export refunds on certain pigmeat products (3) has been
substantially amended several times (4). In the interests of
clarity and rationality the said Regulation should be
codified.

2331/97

Article 21 of Commission Regulation (EC) No 800/1999
of 15 April 1999 laying down common detailed rules for
the application of the system of export refunds on agri­
cultural products (5) provides that no refund is to be
granted where the products are not of sound and fair
marketable quality on the date on which the export
declaration is accepted.

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)(q)
of Regulation (EC) No 1234/2007.

Additional conditions relating to products of average
quality and enabling the payment of
refunds on
products of inferior quality to be refused should conse­
quently be laid down at Community level.

Provision should be made for an additional quality in the
case of products falling within CN codes 1601 00 99 and
1602 49 19, not containing poultrymeat and for which

(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 42, 16.2.1990, p. 6.
(3) OJ L 323, 26.11.1997, p. 19.
(4) See Annex III.
(5) OJ L 102, 17.4.1999, p. 11.

the quality criteria should be set high in order to limit
any refunds granted to such products where the quan­
tities covered by export licence applications exceed or are
likely to exceed traditional quantities.

It is essential to make provision for checks to ensure
compliance with this Regulation. Such checks are to be
conducted pursuant to Commission Regulation (EC) No
2090/2002 of 26 November 2002 laying down detailed
rules for applying Council Regulation (EEC) No 386/90
as regards physical checks carried out when agricultural
products qualifying for refunds are exported (6), and must
in particular include an organoleptic examination and
physical and chemical analyses. Applications for refunds
a written
must
declaration to the effect that the products in question
meet the requirements laid down herein.

accompanied

accordingly

by

be

Provision must be made for certain clearly defined
analyses with a view to ensuring standardisation of the
physical and chemical checks.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for the Common Organisation of Agricultural
Markets,

(6)

(7)

(8)

HAS ADOPTED THIS REGULATION:

Article 1

1. Without prejudice to other Community provisions and in
particular Regulation (EC) No 800/1999, export refunds shall
only be granted on the products listed in Annex I hereto where:

(a)

they meet the conditions laid down in Annex I hereto; and

(b) box 44 of the export declaration bears the words ‘goods

complying with Regulation (EC) No 903/2008’.

For

the purposes of

2.
this Regulation, products manu­
factured for human consumption and suitable therefor by
reason of the raw materials used, their preparation under satis­
factory hygienic conditions and their packaging shall be deemed
to be of sound and fair marketable quality within the meaning
of Article 21 of Regulation (EC) No 800/1999.

(6) OJ L 322, 27.11.2002, p. 4.

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Official Journal of the European Union

18.9.2008

Article 2

Article 3

When the checks referred to in Article 5 of Regulation (EC) No
2090/2002 are conducted, the checks on the products covered
by this Regulation shall entail:

(a) an organoleptic examination; and

Regulation (EC) No 2331/97 is repealed.

References to the repealed Regulation shall be construed as
references to this Regulation and shall be read in accordance
with the correlation table in Annex IV.

Article 4

(b) physical and chemical analyses using the methods laid down

in Annex II hereto.

This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

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

Done at Brussels, 17 September 2008.

For the Commission
The President

José Manuel BARROSO

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Official Journal of the European Union

L 249/5

ANNEX I

Special conditions for granting export refunds on certain pigmeat products

CN code

Description

Product code

Conditions

1601 00

1601 00 91

Sausages and similar products, of meat,
meat offal or blood;
food preparations
based on these products:

– Other:

– – Sausages,
uncooked

dry

or

for

spreading,

– – – Not containing poultrymeat or offal

1601 00 91 9120

(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

1601 00 91 9190

(a) protein content by weight: minimum

1601 00 99

– – Other:

– – – In containers which also contain
containing
liquid,

not

preserving
poultrymeat or offal

12 % of net weight

(b) no addition of extraneous water

(c) proteins other than animal proteins are

prohibited

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 25 % of net weight

– – – In containers which also contain

1601 00 99 9190

(a) animal protein content by weight:

preserving liquid

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 poultrymeat or

1601 00 99 9110

(a) animal protein content by weight:

offal

minimum 10 % of net weight

(b) collagen/protein ratio: maximum 0,30

(c) extraneous water content by weight:

maximum 10 % of net weight

– – – Other:

1601 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 23 % of net weight

ex 1602

Other prepared or preserved meat, meat
offal or blood:

– Of swine:

ex 1602 41

– – Hams and cuts thereof:

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Official Journal of the European Union

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CN code

Description

Product code

Conditions

ex 1602 41 10

– – – Of domestic swine:

– – – – Cooked, containing by weight 80 %

or more of meat and fat:

– – – – – In immediate packings with a net

1602 41 10 9110

Water/protein ratio in meat maximum 4,3

weight of 1 kg or more

– – – – – In immediate packings with a net
weight of less than 1 kg

ex 1602 42

– – Shoulders and cuts thereof:

ex 1602 42 10

– – – Of domestic swine:

– – – – Cooked, containing by weight 80 %

or more of meat and fat:

1602 41 10 9130

Water/protein ratio in meat maximum 4,3

– – – – – In immediate packings with a net

1602 42 10 9110

Water/protein ratio in meat maximum 4,5

weight of 1 kg or more

– – – – – In immediate packings with a net
weight of less than 1 kg

ex 1602 49

– – Other, including mixtures:

– – – Of domestic swine:

– – – – Containing by weight 80 % or more
of meat or meat offal, of any kind,
including fats of any kind or origin:

ex 1602 49 19

– – – – – Other:

– – – – – – Cooked,

containing by weight

80 % or more of meat and fat:

– – – – – – – Not containing the meat or offal

of poultry:

– – – – – – – – Containing

a
product
clearly recog­
composed of
nisable pieces of muscular
meat which, due to their size
are not identifiable as having
been obtained from hams,
collars,
shoulders,
together with small particles
of visible fat and small quan­
tities of jelly deposits

loins or

1602 42 10 9130

Water/protein ratio in meat maximum 4,5

1602 49 19 9130

Water/protein ratio in meat maximum 4,5

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Official Journal of the European Union

L 249/7

ANNEX II

Methods of analysis (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 determined according to ISO method 937-1978.

2. Determination of water content in products falling within CN codes 1601 and 1602

The water content must be determined according to 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 according to ISO method 3496-1978.

(1) The methods of analysis referred to in this Annex are those applying on the date of entry into force of this Regulation, without
prejudice to any subsequent amendment to such methods. They are published by the ISO Secretariat, 1 Rue de Varembé, Geneva,
Switzerland.

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ANNEX III

Repealed Regulation with list of its successive amendments

Commission Regulation (EC) No 2331/97

(OJ L 323, 26.11.1997, p. 19).

Commission Regulation (EC) No 739/98

(OJ L 102, 2.4.1998, p. 22).

Commission Regulation (EC) No 2882/2000

(OJ L 333, 29.12.2000, p. 72).

Commission Regulation (EC) No 507/2002

(OJ L 79, 22.3.2002, p. 12).

ANNEX IV

Correlation table

Regulation (EC) No 2331/97

This Regulation

Articles 1 and 2

Articles 1 and 2

Article 3

—

Article 4

Annexes I and II

—

—

—

Article 3

Article 4

Annexes I and II

Annex III

Annex IV