COMMISSION REGULATION (EEC) No 171/78  of 30 January 1978  on special conditions for granting export refunds on certain pigmeat products
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2759/75 of 29 October 1975 on the common organization of the market in pigmeat (1), as amended by Regulation (EEC) No 367/76 (2), and in particular Articles 15 (6) and 22 thereof,
Having regard to Council Regulation (EEC) No 2768/75 of 29 October 1975 laying down general rules for granting export refunds on pigmeat and criteria for fixing the amount of such refunds (3), and in particular Article 7 (3) thereof,
Whereas Article 8 (2) of Commission Regulation (EEC) No 192/75 of 17 January 1975 laying down detailed rules for the application of export refunds in respect of agricultural products (4), as last amended by Regulation (EEC) No 2838/77 (5), provides that no refund is to be granted where the products or goods in the form in which they are exported are not of sound and fair marketable quality;
Whereas it has been shown, however, that these requirements are not sufficient for certain products listed in Article 1 (1) of Regulation (EEC) No 2759/75, to ensure the application of uniform conditions for the payment of refunds;
Whereas additional conditions relating to products of average quality and enabling the payment of refunds on products of inferior quality to be refused should consequently be laid down on a Community basis;
Whereas it is essential to provide controls to ensure compliance with this Regulation ; whereas controls carried out by sampling and consisting of an organoleptic examination and physical and chemical analyses seem adequate seeing that it is provided that the application for a refund is to be accompanied by a written declaration stating that the products in question comply with the requirements laid down in this Regulation;
Whereas in order to ensure standardization of the physical and chemical controls it is necessary to apply certain clearly defined analyses;
Whereas, pursuant to Commission Regulation (EEC) No 2333/77 of 25 October 1977 amending Regulation No 204/67/EEC fixing coefficients for calculating levies on pigmeat products other than pig carcases and Regulation (EEC) No 950/68 on the Common Customs Tariff (6), the wording of tariff heading No 16.02 has been changed with effect from I November 1977 ; whereas for the sake of clarity, this new wording should apply from the same date for the special conditions for granting refunds;
Whereas the description of other products which are the subject of refunds and the references to the basic regulations concerned have also been changed ; whereas, therefore, for the sake of administrative simplicity, Commission Regulation (EEC) No 2403/69 of 1 December 1969 on special conditions for granting export refunds on certain pigmeat products (7), as last amended by Regulation (EEC) No 2854/71 (8), should be repealed;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Pigmeat,
1. Without prejudice to other Community provisions, and in particular those of Regulation (EEC) No 192/75, export refunds shall be granted on products listed in Annex I only where:    (a) they comply with the conditions laid down in that Annex I ; and
(b) the exporter, at the time of the conclusion of customs export formalities within the meaning of Article 2 (2) of Regulation (EEC) No 192/75, declares in writing that the products in question fulfil the conditions referred to under (a) above.  (1)OJ No L 282, 1.11.1975, p. 1. (2)OJ No L 45, 21.2.1976, p. 1. (3)OJ No L 282, 1.11.1975, p. 39. (4)OJ No L 25, 31.1.1975, p. 1. (5)OJ No L 327, 20.12.1977, p. 23. (6)OJ No L 273, 26.10.1977, p. 9. (7)OJ No L 303, 3.12.1969, p. 6. (8)OJ No L 286, 30.12.1971, p. 46.
2. For the purposes of this Regulation, products manufactured for human consumption and suitable therefor by reason of the raw materials used, their preparation under satisfactory hygienic conditions and their packaging shall be considered to be of sound and fair marketable quality within the meaning of Article 8 (2) of Regulation (EEC) No 192/75.
1. Control by sampling for compliance with the conditions laid down in Article 1 shall consist of:    (a) an organoleptic examination ; and
(b) physical and chemical analyses carried out by applying the methods laid down in Annex II.
2. Member States shall communicate to the Commission the measures taken in implementation of this Regulation.
Regulation (EEC) No 2403/69 is hereby repealed.
This Regulation shall enter into force on 1 February 1978.
It shall apply with effect from 1 November 1977.
This Regulation shall be binding in its entirety and directly applicable in all Member States.