L1176 Official Journal of the European Communities 4.5.2002 COMMISSION REGULATION (EC) No 765/2002 of 3 May 2002 on the collection of samples and the adoption of certain detailed rules in connection with physical checks on 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 (EC) No 12541999 of 17 May 1999 on the common organisation of the market in beef and veal (1), as last amended by Commission Regulation (EC) No 2345/2001 (3, and in particular Article 33(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: (1)  In accordance with Article 33 of Regulation (EC) No 1254/1999, 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. For agricultural products, the arrangements governing the system are set out in 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 agricul- tural products (°), as last amended by Regulation (EC) No 2299/2001 (°). (2)  Sector 5 of Annex I to Commission Regulation (EEC) No 3846/87 of 17 December 1987 establishing an agricul- tural product nomenclature for export refunds (), as last amended by Regulation (EC) No 488/2002 (%), provides, inter alia, that refunds are to be granted on certain boneless cuts on condition they have a minimum lean bovine meat content and, in the case of cuts of adult male bovine animals, are individually wrapped. (3)  Commission Regulation (EC) No 2221/95 (%), as last amended by Regulation (EC) No 2655/1999 (%), lays down detailed rules as regards physical checks carried out at the time of export of agricultural products quali- 160, 26.6.1999, p. 1. 315, 1.12.2001, p. 29. 42, 16.2.1990, p. 6. 24, 29.1.1994, p. 2. 102, 17.4.1999, p. 11. 308, 27.11.2001, p. 19. 366, 24.12.1987, p. 1. 76, 19.3.2002, p. 11. 224, 21.9.1995, p. 13. J L 325, 17.12.1999, p. 12. BN =373 S [snllenlienll el il ol i 0 ) 3 o0LLLLL0L000 23T EE = fying for refunds. Special conditions regarding beef are laid down in 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 (). (4)  Provision should be made for checks on the provenance/ origin of boneless cuts of adult male bovine animals and the methodology to be applied for those checks, with a view to standardisation, and to setting appropriate penalties in the event of failure to comply with the condition regarding provenance/origin. Regulation (EC) No 245797 should, in addition, be updated in order to take account of changes to the nomenclature applicable to export refunds on agricultural products provided for in Regulation (EEC) No 3846/87, as amended by Regula- tion (EC) No 2556/2001 (*?). (5)  In the interests of clarity, Regulation (EC) No 245797 should therefore be repealed and replaced. (6)  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 physical checks on the nature and characteristics of products within the meaning of Article 2(a) of Regulation (EEC) No 386/90 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; (b) the origin of boneless cuts of adult male bovine animals covered by the following product codes: — 0201 30 00 9100, — 0201 30 00 9120; () O] L 340, 11.12.1997, p. 29. (%) O] L 348, 31.12.2001, p. 1.