Commission Regulation (EC) No 2457/97 of 10 December 1997 on the collection of samples in connection with physical checks of boneless beef cuts qualifying for export refunds

COMMISSION REGULATION (EC) No 2457/97 of 10 December 1997 on the collection of samples in connection with physical checks of boneless beef cuts qualifying for export refunds
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organization of the market in beef and veal (1), as last amended by Regulation (EC) No 2321/97 (2), and in particular Article 13 (12) 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 (3), as amended by Regulation (EC) No 163/94 (4), and in particular Article 6 thereof,
Whereas, in accordance with Article 13 of Regulation (EEC) No 805/68, the difference between the prices for the products listed in Article 1 of that Regulation on the world market and within the Community can be covered by an export refund;
Whereas Commission Regulation (EEC) No 3665/87 (5), as last amended by Regulation (EC) No 2114/97 (6), lays down common detailed rules for the application of the system of export refunds on agricultural products;
Whereas Commission Regulation (EEC) No 3846/87 (7), as last amended by Regulation (EC) No 2333/97 (8), establishes an agricultural product nomenclature for export refunds;
Whereas Sector 5 of the Annex to Regulation (EEC) No 3846/87 on the nomenclature applicable to beef and veal provides, inter alia, that refunds are to be granted on certain boneless cuts on condition they are individually wrapped and have a minimum lean meat content;
Whereas practice in collecting samples has proved to vary from one Member State to another; whereas, where obligations are not met, the consequences of such failures should be brought more closely into line with their seriousness;
Whereas, for the purposes of checks, samples are collected in principle at the time the export declaration is verified or the products are placed under the customs warehousing procedure;
Whereas Commission Regulation (EC) No 2221/95 (9), as amended by Regulation (EC) No 1167/97 (10), lays down detailed rules for the application of Regulation (EEC) No 386/90; whereas this Regulation lays down further detailed rules; whereas the physical checks of the products concerned described herein should count as physical checks within the meaning of Article 3 of Regulation (EEC) No 386/90 regarding the nature and characteristics of the products;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,