11. 12. 97 Official Journal of the European Communities L 340/29 COMMISSION REGULATION (EC) No 2457/97 of 10 December 1997 on the collection of samples in connection with physical checks of boneless beef cuts qualifying for export refunds THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organization of the market in beef and veal ('), as last amended by Regulation (EC) No 2321/97 (%), and in particular Article 13 (12) 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 amounts (*), as amended by Regulation (EC) No 163/94 (%), and in particular Article 6 thereof, Whereas, in accordance with Article 13 of Regulation (EEC) No 805/68, the difference between the prices for the products listed in Article 1 of that Regulation on the world market and within the Community can be covered by an export refund; Whereas Commission Regulation (EEC) No 3665/87 (%), as last amended by Regulation (EC) No 2114/97 (%), lays down common detailed rules for the application of the system of export refunds on agricultural products; Whereas Commission Regulation (EEC) No 3846/87 (), as last amended by Regulation (EC) No 2333/97 (*), es- tablishes an agricultural product nomenclature for export refunds; Whereas Sector § of the Annex to Regulation (EEC) No 3846/87 on the nomenclature applicable to beef and veal provides, inter alia, that refunds are to be granted on certain boneless cuts on condition they are individuaily wrapped and have a minimum lean meat content; Whereas practice in collecting samples has proved to vary from one Member State to another; whereas, where ob- ligations are not met, the consequences of such failures should be brought more closely into line with their ser- iousness; Whereas, for the purposes of checks, samples are collected in principle at the time the export declaration is L 148, 28. 6. 1968, p. 24. L 322, 25. 11. 1997, p. 25. L 42, 16. 2. 1990, p. 6 L 24, 29. 1. 1994, p. 2. L 351, 14. 12. 1987, p. L 295, 29. 10. 1997, p. L 366, 24. 12. 1987, p L 323, 26. 11. 1997, p L28LLeLLeel verified or the products are placed under the customs warchousing procedure; Whereas Commission Regulation (EC) No 2221/95 (), as amended by Regulation (EC} No 1167/97 ("), lays down detailed rules for the application of Regulation (EEC) No 386/90; whereas this Regulation lays down further detailed rules; whereas the physical checks of the products concerned described herein should count as physical checks within the meaning of Article 3 of Regulation (EEC) No 386/90 regarding the nature and characteristics of the products; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal, HAS ADOPTED THIS REGULATION: Article 1 1. This Regulation shall apply in the event of checks regarding: (a) compliance with the obligation on the individual wrapping of boneless cuts covered by the following product codes: — 0201 30 00 9100, — 0201 30 00 9120, — 0201 30 00 9150, — 0202 30 50 9400; (b) the minimum average lean meat content of boneless cuts covered by the following product codes: — 0201 30 00 9100, — 0201 30 00 9120, — 0201 30 00 9150, — 0201 30 00 9190, — 0202 30 90 9400, — 0202 30 90 9500. 2. The description of the products referred to in para- graph 1 shall be as set out in Sector 5 of the Annex to Regulation (EEC) No 3846/87. () OJ L 224, 21. 9. 1995, p. 13. (% OJ L 169, 27. 6. 1997, p. 12.