L 325/12 Official Journal of the European Communities 17.12.1999 COMMISSION REGULATION (EC) No 2655/1999 of 16 December 1999 amending Regulation (EC) No 2221/95 laying down detailed rules for the application of Council Regulation (EEC) No 386/90 as regards physical checks carried out at the time of export of agricultural products qualifying for refunds and amending Regulation (EC) No 3122/94 laying down criteria for risk analysis as regards agricultural products receiving refunds THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, 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) Commission Regulation (EC) No 2221/95 (}), as last amended by Regulation (EC) No 1167/97 (*) lays down rules for the application of Regulation (EEC) No 386/90; whereas in the light of experience and the recommenda- tions of the Court of Auditors on the matter amend- ments to these rules are necessary to improve the effec- tiveness of the controls; With regard to the total amount of refunds, the share allocated to products not covered by Annex I of the Treaty is of little importance. On the other hand, the proportion of physical checks carried out on non-Annex I products is large. In order to make better use of the means of control this imbalance should be improved upon. This can be attained partially by reducing the control rate for non-Annex I products to 0,5 %. In addi- tion, Member States should also have the possibility, when calculating the minimum rate of checks to be carried out in accordance with Article 3 of Regulation (EEC) No 386/90, to disregard export declarations relating to small quantities or a small amount of refund; Article 21(1) of Commission Regulation (EC) No 800/ 1999 () stipulates that no refund shall be granted on products which are not of sound and fair marketable quality on the date on which the export declaration is accepted. Although it is not possible to examine all the products presented for export, because the capacity for laboratory analysis is limited, where the sound and fair marketable quality of a product is the object of definite suspicions further verifications should be carried out; if necessary by means of laboratory testing; An examination of laboratory testing indicated that the requirement for obligatory laboratory testing should be lightened where positive assurance is available on the 42, 16.2.1990, p. 6. 24, 29.1.1994, p. 2. 169, 27.6.1997, p. 12. 102, 17.4.1999, p. 11. () O] L () O] L () O] L 224, 21.9.1995, p. 13. () O] L () O] L basis of repeated satisfactory results on the same product from the same exporter; (5  There is a distinction between the treatment which export consignments receive at large ports, where there is a wide variety of products and a wide range of expor- ters, and the treatment export consignments receive at customs offices where only a limited range of products from a few exporters are handled. In the latter case export consignments receive a much more intensive level of control. For such customs offices, the selection of consignments for physical check on the basis of a smaller representative sample shall be taken into account; (6)  The provisions dealing with substitution controls should also be made more flexible, in order that the controls can be carried out in accordance with risk analysis; (7)  The evaluation of the application of Regulation (EEC) No 386/90 requires that Member States should be obliged to submit annual evaluations of the execution and effec- tiveness of the checks carried out under this Regulation; (8)  In order to assist the practical application of the new provisions and with regard for clarity, Article 4 of Commission Regulation (EC) No 3122/94 (%) shall be replaced by Article 5a(l); (9  The measures provided for in this Regulation are in accordance with the opinion of the relevant Manage- ment Committee, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EC) No 2221/95 is hereby amended as follows: 1. Article 2(3) is replaced by the following sentences: ‘When calculating the minimum rate of checks to be carried out in accordance with Article 3(2) of Regulation (EEC) No 386/90, Member States may opt to disregard export declarations involving quantities not exceeding: — 5000 kg in the case of cereals and rice, — 1000 kg for fruits and vegetables fruits as well as for goods falling outside Annex I to the Treaty, — 500 kg in the case of other products. (9 OJ L 330, 21.12.1994, p. 31.