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 establishing the European Community,
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 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 amounts2, and in particular Article 6 thereof,
Whereas:
Commission Regulation (EC) No 2331/97 of 25 November 1997 on special conditions for granting export refunds on certain pigmeat products3 has been substantially amended several times4. In the interests of clarity and rationality the said Regulation should be codified.
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 agricultural products5 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 consequently 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 the quality criteria should be set high in order to limit any refunds granted to such products where the quantities 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 exported6, and must in particular include an organoleptic examination and physical and chemical analyses. Applications for refunds must accordingly be accompanied by a written declaration to the effect that the products in question meet the requirements laid down herein.
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,
HAS ADOPTED THIS REGULATION: