THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
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 Article 43(m), in conjunction with Article 4 thereof,
Whereas:
(1) Point 1 of Section B.IV of Annex V to Regulation (EC) No 1234/2007 provides that, for the classification of pig carcases, the lean-meat content has to be assessed by means of grading methods authorised by the Commission, which methods may only be 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. That tolerance is defined in Article 23(3) of Commission Regulation (EC) No 1249/2008(2).
(2) By Commission Decision 2001/468/EC(3), the use of two methods for grading pig carcases in Italy was authorised.
(3) As the authorised grading methods needed technical adaptation Italy has requested the Commission to authorise the replacement of the formula used in the ‘Fat-O-Meater’ and ‘Hennessy Grading Probe 7’ methods, as well as to authorise the four new methods ‘AutoFom III’, ‘Fat-O-Meat’er II’, ‘CSB-Image-Meater’ and ‘Manual method ZP’ for grading pig carcases on its territory. Italy has presented a detailed description of the dissection trial, indicating the principles on which the new formula are based, the result of its dissection trial and the equations used for assessing the percentage of lean meat in the protocol provided for in Article 23(4) of Regulation (EC) No 1249/2008.
(4) Examination of that request has revealed that the conditions for authorising those new formulae are fulfilled. Those formulae should therefore be authorised in Italy.
(5) Italy has requested the Commission to be authorised to provide for a presentation of pig carcases different from the standard presentation laid down in the first paragraph of Section B.III of Annex V to Regulation (EC) No 1234/2007.
(6) In accordance with the second paragraph of Section B.III of Annex V to Regulation (EC) No 1234/2007, Member States may be authorised to provide for a presentation of pig carcases different from the standard presentation defined in the first paragraph of that point, where normal commercial practice in their territory differs from that standard presentation. In its request, Italy specified that in its territory it is commercial practice that carcases can be presented without the diaphragm and flare fat having been removed before being weighed and graded. This presentation that differs from the standard presentation should therefore be authorised in Italy.
(7) In order to establish quotations for pig carcases on a comparable basis, this different presentation should be taken into account by adjusting the weight recorded in such cases in relation to the weight for standard presentation.
(8) For reasons of clarity and legal certainty, a new decision should be adopted. Decision 2001/468/EC should therefore be repealed.
(9) Modifications of the apparatuses or grading methods should not be allowed, unless they are explicitly authorised by Commission Implementing Decision.
(10) The measures provided for in this Decision are in accordance with the opinion of the Management Committee for the Common Organisation of the Agricultural Markets,
HAS ADOPTED THIS DECISION:
Commission Regulation (EC) No 1249/2008 of 10 December 2008 laying down detailed rules on the implementation of the Community scales for the classification of beef, pig and sheep carcases and the reporting of prices thereof (OJ L 337, 16.12.2008, p. 3).
Commission Decision 2001/468/EC of 8 June 2001 authorising methods for grading pig carcases in Italy (OJ L 163, 20.6.2001, p. 31).