Commission Decision
of 15 April 2004
authorising methods for grading pig carcases in the United Kingdom
(notified under document number C(2004) 1340)
(Only the English text is authentic)
(2004/370/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3220/84 of 13 November 1984 determining the Community scale for grading pig carcases , and in particular Article 5(2) thereof,
Whereas:
(1)
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; the authorisation of grading methods is subject to compliance with a maximum tolerance for statistical error in assessment; this tolerance was 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 carcases .
(2)
By Decision 88/234/EEC , the Commission authorised the use of five methods for grading pig carcases in Great Britain and three methods in Northern Ireland.
(3)
The United Kingdom has requested the Commission to authorise the use of new formulae for the apparata used for grading pig carcases in Great Britain and has submitted the details required in Article 3 of Regulation (EEC) No 2967/85. An examination of this request has revealed that the conditions for using the new formulae are fulfilled.
(4)
Article 2 of Regulation (EEC) No 3220/84 lays down that Member States may be authorised to provide for a presentation of pig carcases different from the standard presentation defined in the same Article where commercial practice or technical requirements warrant such a derogation.
(5)
In the United Kingdom commercial practice does not require that the tongue is removed from the pig carcase; this should be taken into account in adjusting the weight for standard presentation.
(6)
In accordance with Article 2(3) of Regulation (EEC) No 2967/85 and by way of derogation from Article 2(1) and (2) thereof, the weight of the cold carcase may be calculated by reference to pre-determined scales of absolute weight reductions if the reductions for individual weight classes correspond, as far as possible, to the reductions calculated in percentage terms; the United Kingdom has notified the determination of such a scale to the Commission.
(7)
No modification of the apparata or grading methods may be authorised except by means of a new Commission Decision adopted in the light of experience gained; for this reason, the present authorisation may be revoked.
(8)
For the sake of clarity, a new Decision should be adopted and Decision 88/234/EEC should therefore be repealed.
(9)
The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Pigmeat,
HAS ADOPTED THIS DECISION:
OJ L 301, 20.11.1984, p. 1. Regulation last amended by Regulation (EC) No 3513/93 (OJ L 320, 22.12.1993, p. 5).
OJ L 285, 25.10.1985, p. 39. Regulation amended by Regulation (EC) No 3127/94 (OJ L 330, 21.12.1994, p. 43).
OJ L 105, 26.4.1988, p. 15. Decision last amended by Decision 2003/750/EC (OJ L 271, 22.10.2003, p. 24).