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 pigmeat1, as last amended by Regulation (EEC) No 1249/892, and in particular Article 4 (6) thereof,

Having regard to Council Regulation (EEC) No 3220/84 of 13 November 1984 determining the Community scale for grading pig carcases3, as amended by Regulation (EEC) No 3530/864, and in particular Article 5 (2) thereof,

Whereas Article 2 (3) of Regulation (EEC) No 3220/84 provides that the grading of pig carcases must be determined by estimating the content of lean meat in accordance with statistically proven assessment methods based on the physical measurement of one or more anatomical parts of the pig carcase; whereas the authorization of grading methods is subject to compliance with a maximum tolerance for statistical error in assessment; whereas this tolerance has been defined in Article 3 of Commission Regulation (EEC) No 2967/85 of 24 October 1985 laying down detailed rules for the application of the Community scale for grading pig carcases5;

Whereas the Commission, by its Decision 87/43/EEC6, has authorized methods for grading pig carcases in Germany;

Whereas their application has shown that the results of the three authorized methods are difficult to compare;

Whereas with a view to improving the transparency of the market, the Government of the Federal Republic of Germany has requested the Commission to authorize the use of one main method on its territory consisting in the fixing of measuring points and of a single estimation formula for the lean meat content and has submitted for this purpose the information required in Article 3 of Regulation (EEC) No 2967/85; whereas an examination of this request has revealed that the conditions for authorizing the said grading methods are fulfilled;

Whereas, however, the method to be thus authorized concerning the taking of measurements is based on the use of the apparatus ‘Ultrasound-Scanner’ (‘SSD 256’) the use of which in the abattoirs in general does not seem to be possible in practice; whereas as a consequence it is appropriate, subject to supervision by the Commission, to authorize the use of other apparatus for the grading of pig carcases after they have passed a calibration test by giving equivalent results concerning the values of assessment measurements of the percentage of lean meat to those obtained by the use of the ‘Ultrasound-Scanner’ (‘SSD 256’);

Whereas it is necessary, in addition, to maintain a simple method for small abattoirs which are not in a position to bear investment costs engendered by the method mentioned above; whereas for this reason it is appropriate for the moment to continue the use of the method known as ‘Zwei-Punkt-Messverfahren’ but to limit its use to abattoirs which do not exceed a fixed amount of slaughterings;

Whereas a new decision should be adopted for the sake of clarity to include the two methods mentioned above; whereas, as a consequence, Decision 87/43/EEC should be repealed;

Whereas no modification of apparatus or grading method may be authorized except by means of a new Commission decision adopted in the light of experience gained; whereas, for this reason, the present authorization may be revoked;

Whereas the measures provided for in this Decision are in accordance with the opinion of the Management Committee for Pigmeat,

HAS ADOPTED THIS DECISION: