# EUR-Lex - 52012PC0162 - EN

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# 52012PC0162

**Amended proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EC) No 1760/2000 as regards electronic identification of bovine animals and deleting the provisions on voluntary beef labelling /* COM/2012/0162 final - 2011/0229 (COD) */**

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EXPLANATORY MEMORANDUM

Regulation (EC) No 1760/2000 of
17 July 2000 establishing a system for the identification and registration
of bovine animals and regarding the labelling of beef and beef products[1] provides that each Member State
is to establish a system for the identification and registration of bovine
animals in accordance with the provisions of that Regulation. Before this and
in the light of the Bovine Spongiform Encephalopathy (BSE) crisis Union rules
on the identification and traceability of bovine animals were already
introduced in 1997. Council Regulation (EC) No 820/97 established a regime of
individual traceability of cattle by means of individual identification of
animals with two ear tags, a holding register on each holding (e.g. farm, market,
slaughterhouse), individual passport for each animal containing data on all
movements and reporting all movements to a computerised database that is able
to quickly trace animals and identify cohorts in the case of disease. These
principles were upheld later in Regulation (EC) No 1760/2000 of the European
Parliament and the Council. The ultimate goal was to re-establish consumer
confidence in beef and beef products through transparency and full traceability
of bovine animals and beef products and also to localise and trace animals for
veterinary purposes, which is of crucial importance for the control of
infectious diseases. With a view to achieving these objectives, the regime can
be considered nowadays to be a success (BSE
has been put under control in the EU and consumer confidence has been re-gained[2]), demonstrating its effectiveness and efficiency
in providing important information to ensure the control of infectious diseases
(e.g. Foot and Mouth Disease, Bluetongue) and to ensure traceability of beef.

Regulation (EC) No 1760/2000 (which establishes a system for the identification and
registration of bovine animals and labelling of beef and beef products
-including voluntary labelling- and includes the elements “double ear tag”,
“holding register”, “cattle passport” and “computerised database”) was listed as "information obligations with special
importance in terms of the burdens they impose on businesses" under
the Communication from the Commission to the Council and the European
Parliament (COM (2009)544) on an "Action Programme for Reducing
Administrative Burdens in the EU"[3].

The Action Plan of the
new EU Animal Health Strategy[4]
foresees the Commission to simplify information obligations (e.g. holding
registers, passports) in the course of introduction of bovine electronic identification (EID). A
Regulatory proposal for ordinary legislative procedure is planned in the
Commission's Agenda Planning for first semester of 2011.

However, when the current rules for bovine
identification were adopted in 1997, EID was not sufficiently developed from
the technical point of view as to be applied at that moment for cattle. EID
based on radio frequency identification (RFID) has considerably developed
during the last 10 years and provides for a faster and more accurate reading of
individual animal codes directly into data processing systems, saving labour
costs for manual reading but at the same time, increasing equipment costs.
Thus, the existing legislation on bovine identification does not reflect these
latest technological developments. The use of electronic identifiers could help
to reduce the administrative burden and paper-work, for instances when the
holding register is kept on a computerised form (which is the case for a
growing percentage of farms), by using automatic reading and by using automatic
entry into the register. In addition, a faster and more reliable system will
allow, among others, a faster and higher reading accuracy than classical
ear-tags, easing the procedure to report animal movements to the central data
base and therefore provides for better and faster traceability of infected
animals and/or infected food.

Based on the EID current technological
advances, several EU Member States have decided on a voluntary basis, to start
implementing bovine EID. Experience outside the EU shows also an increasing use
of bovine EID. In addition, EID has been already introduced in the EU for
several animal species (most of them as mandatory).

The current legal framework does not
prohibit Member States from using electronic identifiers on a voluntary basis,
but this must be done in addition to the official conventional visible ear tags.
As no harmonised technical EU standards have been established, different types
of electronic identifiers and readers with different RFID frequencies could be
used in different places. Therefore each Member State
might select the standards it wants and this approach is likely to lead to a
lack of harmonisation jeopardising electronic exchange of data and then
the benefits of having EID systems would be lost.

In relation to voluntary beef labelling, there is a need to reduce the excessive administrative burden in the
voluntary system which is currently in place. Regulation
(EC) No 820/97 established a system for the identification and registration of
bovine animals and labelling of beef and beef products, which was further
strengthened by Regulation (EC) No 1760/2000. It concerns the compulsory
indication of the origin of the cattle (born/fattened/slaughtered) from which
the beef originated (this proposal does not include any
new provisions in relation to mandatory requirements for beef labelling), compulsory references to the identification code number of the
slaughtered animal, and the establishments where the meat has been processed
(slaughterhouse and meat cutting plant) and also a formal Commission
approval procedure including a notification requirement for any additional
labelling information other than compulsory ones. Already in 2004 the
Commission submitted a report to the Council and the European Parliament on the
beef labelling part of Regulation (EC) No 1760/2000[5]
that pointed out deficiencies of the voluntary beef labelling scheme. Those
were that the system is not applied in a uniform way in all Member States (e.g.
the administrative practice differs considerably between the Member States)
and that all indications included in the label (including those that are
not related to origin, traceability or quality characteristics of the meat)
would be subject to a formal approval procedure by the competent authority. The
Commission Staff Working Document on Simplification of the CAP[6]
points out the suggestion put forward by the “High Level Group of Independent
Stakeholders on Administrative Burdens” (Stoiber Group). The Stoiber Group
suggested repealing the notification requirement with regard to the use of
additional voluntary labelling indications other than those which are
compulsory for beef.[7]

This proposal takes into account the
results of the consultations which took place with interested parties and the
result of an impact assessment. The impact assessment concluded that
introducing bovine EID on a voluntary basis as a tool for official
identification would allow actors to have time to
familiarise themselves with the EID system and to identify the added value it
would bring in particular circumstances. This option is preferable as it leaves
open to EU Member States and all the private actors involved to organise
themselves, so they can evaluate the benefits considering regional differences,
different types of production and it is flexible enough to receive support from
authorities and stakeholders that will benefit the enforcement of the rules.
The voluntary introduction of EID implies that EID would be chosen by the
keepers that are likely to have immediate benefits for farm management. This is an
individual decision taken for economic reasons (market driven) by each
operator.
Under the voluntary regime, bovine animals could be
identified by two conventional ear tags (current system), or by one
conventional visible ear tag and one electronic identifier (i.e. an electronic
ear tag or a bolus) conforming to EU-harmonised standards that have been
officially approved. The proposed introduction of electronic
identification on a voluntary basis provides also the option for EU Member
States to opt for a mandatory regime in their national territory. In
case the Member State opts for the mandatory regime, each bovine animal is to
be identified by one conventional visible ear tag and one electronic
identifier. An EU mandatory regime may not be the best approach at the
moment as some stakeholders (e.g. small farmers) would be disadvantaged
economically. However besides cost considerations, it would be ideally the most
efficient option in terms of consumer protection (traceability), reduction of
administrative burden, and to avoid risks related to the co-existence of two
systems of identification.
This option would be also partially justifiable in
terms of better coherence with EU policies on EID in other animal species (e.g.
sheep).

Therefore, as a
mandatory implementation of EID might economically affect some operators in a
non-advantageous way, the preferred option for introduction of EID is a
voluntary regime where EID is considered an acceptable and suitable legal means
of identification of bovine animals, with the possibility for Member States to
introduce a mandatory regime at national level.

In addition, there is a need to align
Regulation (EC) No 1760/2000 in accordance with the Treaty on the Functioning
of the European Union.

The entry into force of the Treaty on the
Functioning of the European Union ('TFEU') has led to significant changes in
the framework for the adoption of delegated and implementing acts. As regards
the adoption of delegated and implementing acts, TFEU clearly distinguishes
between the two.

–
Article 290 TFEU on delegated acts provides for
the legislator(s) to control the exercise of the Commission's powers by means
of a right of revocation and/or a right of objection.

–
Article 291 TFEU on implementing acts provides
for the control by Member States of the Commission's implementing powers. A
legal framework establishing the mechanisms of such control is set out in
Regulation (EU) No 182/2011 of the European Parliament and the Council laying down the rules and general principles concerning mechanisms
for control by Member States of the Commission’s exercise of implementing
powers.[8]

In relation
to the adoption of Regulation (EU) No 182/2011, the Commission made the following
statement:

"The
Commission will proceed to an examination of all legislative acts in force
which were not adapted to the regulatory procedure with scrutiny before the
entry into force of the Lisbon Treaty, in order to assess if those instruments
need to be adapted to the regime of delegated acts introduced by Article 290 of
the Treaty on the Functioning of the European Union. The Commission will make
the appropriate proposals as soon as possible and no later than at the dates
mentioned in the indicative calendar annexed to this declaration."[9]

Regulation (EC) No 1760/2000 is one of the
legislative acts that had not been adapted in the past to the regulatory
procedure with scrutiny and must therefore be aligned to the new legal
framework of delegated and implementing acts.

Regulation (EC) No 1760/2000 should
therefore be reviewed and amended accordingly as regards simplification and
reducing of administrative burden and introducing new provisions related to
bovine identification and voluntary beef labelling.

This proposal replaces
the proposal adopted by the Commission on 30 August 2011 (COM 2011(525) final).
The only changes introduced in this new proposal concern the provisions of
Article 22 aimed at ensuring uniform conditions for the imposition of sanctions
in case of non-compliance with the relevant rules on identification of animals
and labelling of beef and beef products.

This draft proposal for a Regulation of the
Parliament and the Council has no financial implications for the budget of the
European Union.

2011/0229 (COD)

Amended proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

amending Regulation (EC) No 1760/2000 as
regards electronic identification of bovine animals and deleting the provisions
on voluntary beef labelling

THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Articles 43(2) and 168(4)(b)
thereof,

Having regard to the proposal from the
European Commission[10],

After
transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the
European Economic and Social Committee[11],

Having regard to the opinion of the
Committee of Regions[12],

Acting in
accordance with the ordinary legislative procedure,

Whereas:

(1)       In 1997, Union rules on
the identification and traceability of bovine animals were re-enforced in the
light of the bovine spongiform encephalopathy (BSE) epidemic and the resulting
increased need to trace the animal's movement and origin using
"conventional ear tags".

(2)       Regulation (EC) No 1760/2000
of the European Parliament and of the Council of 17 July 2000 establishing
a system for the identification and registration of bovine animals and
regarding the labelling of beef and beef products[13] provides that each Member
State is to establish a system for the identification and registration of
bovine animals in accordance with the provisions of that Regulation.

(3)       Regulation (EC) No
1760/2000 establishes a system for the identification
and registration of bovine animals comprising ear tags applied on both ears of each animal, computerised databases, animal passports
and individual registers kept on each holding.

(4)       Tracing
of beef to source via identification and registration is
a prerequisite for origin labelling throughout the food chain ensuring consumer protection and public health.

(5)       Regulation
(EC) No 1760/2000 and more in particular bovine identification and voluntary
beef labelling were listed as "information obligations with special
importance in terms of the burdens they impose on businesses" in the
Communication from the Commission to the Council and the European Parliament on
an "Action Programme for Reducing Administrative Burdens in the EU"[14] .

(6)       The
use of electronic identification systems would potentially streamline
traceability processes through automated and more accurate reading and
recording into the holding register. It would enable also automated reporting of
animal movements into the computerised data base and thus improve speed,
reliability and accuracy of the system.

(7)       Electronic
identification systems based on radio frequency identification have
considerably improved in the last ten years. That technology allows a faster
and more accurate reading of individual animal identity codes directly into
data processing systems resulting on a reduction of time needed to trace
potential infected animals or infected food, saving labour costs but at the
same time increasing equipment costs.

(8)       This
Regulation is coherent with the fact that electronic identification (EID) has already
been introduced in the Union for other animal species than bovine, such as the
mandatory system used in small ruminants.

(9)       Given
the technological advances in EID, several Member States have decided to start
to implement bovine EID on a voluntary basis. Those initiatives are likely to
lead to different systems to be developed in individual Member States or by
stakeholders. Such a development would impede later harmonisation of technical
standards within the Union.

(10)     A
Report from the Commission to the Council and the European Parliament on the
possibility of introduction of electronic identification for bovine animals[15] concludes that it has been
demonstrated that radio frequency identification has been developed to the
extent that it can be applied in practice. The report also concludes that it is
highly desirable to switch to electronic identification of bovine animals
within the Union since among other benefits, it will contribute to reduce the
administrative burden.

(11)     According
to the Communication from the Commission to the Council, the European
Parliament, the European Economic and Social Committee and the Committee of the
Regions "Action Plan for the implementation of the EU Animal Health
Strategy" [16]
the Commission is to simplify information obligations, such as holding
registers and passports in the course of the introduction of EID.

(12)     The
Communication from the Commission to the Council, the
European Parliament, the European Economic and Social Committee and the
Committee of the Regions on a new Animal Health Strategy for the European Union
(2007-2013) where “Prevention is better than cure”[17], proposes considering EID for
bovine animals as a possible improvement to the existing EU system of
identification and registration in order to simplify
information obligations (e.g. holding registers, passports) and includes the initiative to implement an
electronic bovine passport exchange. That exchange would entail the introduction
of electronic identification with real time introduction of data. Such exchange
would lead to considerable savings of cost and efforts for the competent
authorities of the Member States and other stakeholders and reduce the workload
when transferring animal passports data into computerised databases. This
Regulation is coherent with that initiative.

(13)     This
Regulation is thus expected to contribute to some key objectives of major EU
strategies including EU 2020 by improving economic
growth, cohesion and competitiveness.

(14)     Certain
third countries have already established rules allowing advanced EID
technologies. The Union should establish similar rules to facilitate trade and
increase the sector's competitiveness.

(15)     Different
types of electronic identifiers, such as ruminal boluses, electronic ear tags,
and injectable transponders may be used to individually identify animals in
addition to the conventional ear tags provided for in Regulation (EC) No
1760/2000. It is therefore appropriate to broaden the scope of the means of
identification provided for in that Regulation in order to enable the use of
electronic identification.

(16)     Making
EID mandatory throughout the Union may have economically adverse effects on
certain operators. It is therefore appropriate that a voluntary regime for the
introduction of EID is established. Under such a
regime, EID would be chosen by keepers that are likely
to have immediate economic
benefits.

(17)     Member
States have very different husbandry systems, farming practices and sector
organisations. Member States should therefore be allowed to make EID compulsory
on their territory only when they deem it appropriate, after considering all
those factors.

(18)     Animals
entering the Union from third countries should be subject to the same
identification requirements that apply to animals born in the Union.

(19)     Regulation
(EC) No 1760/2000 provides that the competent authority is to issue a passport
for each animal which has to be identified in accordance with that Regulation.
This causes a considerable administrative burden for the Member States. The computerised databases established by Member States sufficiently
ensure traceability of domestic movements of bovine animals. Passports should
therefore be issued only for animals intended for intra-Union trade. Once the
data exchange between national computerised databases is operational, the
requirement of issuing such passports should no longer apply for animals
intended for intra-Union trade.

(20)     Section
II of Title II of Regulation (EC) No 1760/2000 lays down rules for a voluntary
beef labelling system which provide for the approval of certain labelling
specifications by the competent authority of the Member State. The
administrative burden and the costs incurred by Member States and economic
operators in applying this system are not proportionate to the benefits of the
system. That Section should therefore be deleted.

(21)     As a consequence of the
entry into force of the Lisbon Treaty, the powers conferred under Regulation
(EC) No 1760/2000 upon the Commission need to be aligned with Articles 290 and
291 of the Treaty on the Functioning of the European Union (the Treaty).

(22)     In order to ensure that the
necessary rules for the proper functioning of the identification, registration
and traceability of bovine animals and beef are applied, the power to adopt
acts in accordance with Article 290 of the Treaty should be delegated to the
Commission in respect of requirements for alternative means of identification
of bovine animals, special circumstances in which Member States may extend the
maximum periods for the application of the means of identification, data to be
exchanged between the computerised databases of the Member States, the maximum
period for certain reporting obligations, the requirements for means of
identification, the information to be included in the passports and in the
individual registers to be kept on each holding, the minimum level of official
controls, the identification and registration of movements of bovine animals
when put out to summer grazing in different mountain areas, rules for labelling
certain products which should be equivalent to the rules laid down in
Regulation (EC) No 1760/2000, the definitions of minced beef, beef trimmings or
cut beef, the specific indications that may be put on labels, the labelling
provisions related to the simplification of the indication of origin, the
maximum size and composition of certain groups of animals, the approval
procedures related to labelling conditions on packaging of cut meat and, the
administrative sanctions to be applied by the Member States in cases of irregularitiesnon-compliance with
Regulation (EC) No 1760/2000. It is of particular importance that the
Commission carry out appropriate consultations during its preparatory work,
including at expert level. 
The Commission, when preparing and drawing-up such delegated acts, should
ensure a simultaneous, timely and appropriate transmission of relevant
documents to the European Parliament and to the Council.

(23)     In order to ensure uniform
conditions for the implementation of thisRegulation (EC) No 1760/2000 with respect to the registration of
holdings making use of alternative means of identification, technical
characteristics and modalities for the exchange of data between the
computerised databases of Member States, the format and design of the means of
identification, technical procedures and standards for the implementation of
EID, the format of the passports and of the register to be kept on each
holding, rules concerning the procedures for the application of the sanctions
imposed by the Member States on holders pursuant to Regulation (EC) No
1760/2000, correctingve modalities actions
to be taken by the Member States to ensure proper compliance with Regulation
(EC) No 1760/2000, in cases irregularities are
detected by the Commission services duringwhere
on–the-spot checks so justifycontrols to Member
States, implementing powers should be conferred on the Commission. Those
powers should be exercised in accordance with Regulation (EU) No 182/2011 of
the European Parliament and of the Council of 16 February 2011 laying down the
rules and general principles concerning mechanisms for control by Member States
of the Commission's exercise of implementing powers.[18]

(24)     Regulation (EC) No
1760/2000 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1760/2000 is hereby
amended as follows:

(1)          in Article 1, the second sentence
of paragraph 2 is deleted.

(2)          in Article 3, in the first
paragraph, point (a) is replaced by the following:

"(a)    means of identification to
identify animals individually;"

(3)          Article 4 is replaced by the
following:

"Article
4

Obligation
to identify animals

1.      All animals on a holding shall be
identified by at least two individual means of identification authorised in
accordance with Articles 10 and 10a and approved by the competent authority.

The means of identification shall be
allocated to the holding, distributed and applied to the animals in a manner
determined by the competent authority.

All means of identification applied
to one animal shall bear the same unique identification code, which makes it
possible to identify the animal individually together with the holding on which
it was born.

2.      Member States may introduce national
provisions to make compulsory the use of an electronic identifier as one of the
two means of identification provided for in paragraph 1.

The Member States that make use of
this option shall provide the Commission with the text of such national
provisions.

3.      By way of derogation from paragraph 1,
bovine animals intended for cultural and sporting events other than fairs and
exhibitions may be identified by alternative means of identification offering
equivalent identification standards to those provided for in that paragraph.

4.      Holdings making use of alternative
means of identification shall be registered in the computerised database.

The Commission shall, by means of
implementing acts, lay down the necessary rules concerning such registration.
Those implementing acts shall be adopted in accordance with the examination
procedure referred to in Article 23(2).

5.      The Commission shall be empowered to
adopt delegated acts in accordance with Article 22b concerning the requirements
for the alternative means of identification referred to in paragraph 3,
including provisions on their removal and replacement."

(4)          The following Articles 4a to 4d are
inserted:

"Article
4a

Time
period for the application of the means of identification

1.      The means of identification provided
for in Article 4(1) shall be applied within a maximum period from the birth of
the animal to be determined by the Member State in which the animal was born.
That period shall not be longer than:

(a)     20 days for the first means of
identification;

(b)     60 days for the second means of
identification.

No animal may leave the holding where
it was born before the two means of identification have been applied.

2.      Under special circumstances Member
States may extend the maximum periods for the application of the means of
identification for a longer period than provided for in paragraph 1(a) and (b).
The Member States that make use of this option shall inform the Commission
thereof.

The Commission shall be empowered to
adopt delegated acts in accordance with Article 22b to determine those special
circumstances.

Article
4b

Identification
of animals from third countries

1.      Any animal subject to veterinary checks on animals entering the Union from a third country pursuant to Directive 91/496/EEC and intended for a holding of
destination within the territory of the Union shall be identified at the
holding of destination with the means of identification provided for in Article
4(1).

The original identification applied
to the animal in the third country of origin shall be recorded in the
computerised database provided for in Article 5 together with the unique identification
code of the individual means of identification allocated to the animal by the
Member State of destination.

However, the first subparagraph shall
not apply to animals destined directly for a slaughterhouse situated in a
Member State, provided that the animals are slaughtered within 20 days
following those veterinary checks.

2.      The means of identification of animals
referred to in the first subparagraph of paragraph 1 shall be applied within a
maximum period to be determined by the Member State in which the holding of
destination is located.

That period shall not exceed 20 days
following the veterinary checks referred in paragraph 1. In any event, the
means of identification shall be applied to the animals before they leave the
holding of destination.

3.      Where the holding of destination is
situated in a Member State that has introduced national provisions to make
compulsory the use of an electronic identifier as referred to in Article 4(2),
the animals shall be identified with that electronic identifier in the holding
of destination in the Union, within a period to be determined by the Member
State of destination.

That period shall not exceed 20 days
following the veterinary checks referred in paragraph 1. In any event, the
electronic identifier shall be applied to the animals before they leave the
holding of destination.

Article
4c

Identification
of animals moved from one Member State to another

1.      Animals moved from one Member State to
another shall retain the means of identification applied to them pursuant to
Article 4.

2.      Where the holding of destination is
situated in a Member State that has introduced national provisions to make
compulsory the use of an electronic identifier, the animals shall be identified
with that electronic identifier:

(a)     before being moved to the holding of
destination in that Member State; or

(b)     in the holding of destination within a
maximum period to be determined by the Member State where that holding is
located.

The maximum period referred to in
point (b) shall not exceed 20 days from the date of arrival of the animals on
the holding of destination. In any event, the means of identification shall be
applied to the animals before they leave the holding of destination.

However, the first subparagraph shall
not apply to animals destined directly for a slaughterhouse situated in the
territory of the Member State that has introduced national provisions to make
compulsory the use of an electronic identifier, provided that the animals are
slaughtered within 20 days following those veterinary checks.

Article 4d

Removal or replacement of means
of identification

No means of identification may be removed or replaced without the
permission and without the control of the competent authority. Such permission
may only be granted where the removal or replacement do not compromise the
traceability of the animal."

(5)          Article 5 is amended as follows:

–
the second paragraph is deleted and replaced by
the following:

"Member
States may exchange electronic
data between their computerised databases from the date when the Commission
recognises the full operability of the data exchange system.

The
Commission shall adopt delegated acts in accordance with Article 22b to lay
down the rules concerning the data to be exchanged between computerised
databases of Member States.

The
Commission shall by means of implementing acts:

(a)     lay down the technical conditions and
modalities for such exchange;

(b)     recognise the full operability of the
data exchange system.

Those
implementing acts shall be adopted in accordance with the examination procedure
referred to in Article 23(2)."

(6)          Article 6 is replaced by the
following:

"Article
6

Where a Member State does not exchange
electronic data with other Member States in the framework of the electronic
exchange system referred to in Article 5:

(a)     the competent authority shall, for
each animal that is intended for intra-Union trade, issue a passport based on
the information contained in the computerised database set up in that Member
State;

(b)     each animal for which a passport is
issued, shall be accompanied by it whenever the animal is moved from one Member
State to another;

(c)     upon arrival of the animal at the
holding of destination, the passport accompanying the animal shall be
surrendered to the competent authority of the Member State where the holding of
destination is located."

(7)          Article
7 is amended as follows:

(a)     paragraph
1 is amended as follows:

(i)      the second
indent is replaced by the following:

"–      report
to the competent authority all movements to and from the holding and all births
and deaths of animals of the holding, together with the dates of those events,
within a maximum period fixed by the Member State; the maximum period shall be
at least three days and no longer than seven days following the occurrence of
the event; Member States may request the Commission to extend the maximum
period of seven days."

(ii)     the following second subparagraph is added:

"The Commission shall be empowered to adopt delegated
acts in accordance with Article 22b to determine the circumstances in which
Member States may extend the maximum period of seven days provided for in the
second indent of the first subparagraph, together with the maximum length of
that extension."

(b)     the
following paragraph 5 is added:

"5.     By
way of derogation from paragraph 4, keeping an up-to-date register shall be
optional for any keeper who:

(a)     has
direct access to the computerised database which already contains the
information to be included in the register; and

(b)     enters up-to-date information directly
into the computerised database within twenty-four hours of the occurrence of
the event."

(8)          The following Article 9a is
inserted:

"Article
9a

Training

Member States shall ensure that any person
responsible for the identification and registration of animals receives
instructions and guidance on the relevant provisions of this Regulation and of
any delegated and implementing acts adopted by the Commission on the basis of
Articles 10 and 10a, and that appropriate training courses are available."

(9)          Article 10 is replaced by the following:

"Article 10

Conferral of powers on the
Commission to adopt certain delegated acts

The Commission shall be empowered to adopt delegated acts in
accordance with Article 22b to lay down the necessary rules, including
transitional measures required for their introduction, concerning:

(a)     the requirements for the means of
identification provided for in Article 4;

(b)     the information to be included in the
passport provided for in Article 6;

(c)     the information to be included in the
register provided for in Article 7;

(d)     the minimum level of official controls
to be carried out in accordance to Article 22;

(e)     the identification and registration of
movements of bovine animals when put out to summer grazing in different
mountain areas."

(10)        The following Article 10a is inserted:

"Article 10a

Conferral of certain implementing
powers on the Commission

The Commission may lay down, by means of
implementing acts, the necessary rules, including transitional measures
required for their introduction, concerning:

(a)     the format and design of the means of
identification provided for in Article 4;

(b)     the technical procedures and standards
for the implementation of the electronic identification of bovine animals;

(c)     the format of the passport provided
for in Article 6;

(d)     the format of the register provided
for in Article 7;

Those implementing acts shall be adopted in
accordance with the examination procedure referred to in Article 23(2)".

(11)        Article 13 is amended as follows:

(a)     paragraphs 3 and 4 are deleted;

(b)     in paragraph 5, the introductory
phrase of point (a) is replaced by the following:

"(a)    Operators and organisations shall
also indicate on the labels:"

(12)        In Article 14, the fourth paragraph is replaced by the
following:

"The Commission shall be empowered to adopt delegated acts in
accordance with Article 22b to lay down rules equivalent to those in the first
three paragraphs of this Article for beef trimmings or cut beef."

(13)        Article 15 is replaced by the
following:

"Article
15

Compulsory
labelling of beef from third countries

By way of derogation from Article 13, beef
imported into the territory of the Union for which not all the information
provided for in Article 13 is available, shall be labelled with the indication:

'origin: non-EU' and 'Slaughtered in (name of
third country)'."

(14)        Articles 16, 17 and 18 are deleted.

(15)        Article 19 is replaced by the following:

"Article 19

Conferral of powers on the
Commission to adopt certain delegated acts

The Commission shall be empowered to adopt
delegated acts in accordance with Article 22b concerning:

(a)     the definitions of minced beef, beef
trimmings or cut beef referred to in Article 14;

(b)     the specific indications that may be
put on labels;

(c)     the labelling provisions related to
the simplification of the indication of origin;

(d)     the maximum size and composition of
the group of animals referred to Article 13(2)(a);

(e)     the approval procedures related to
labelling conditions on packaging of cut meats; "

(16)        Articles 20 and 21 are deleted.

(17)        Article 22 is amended as follows:

(a)     in paragraph 1, the following third
subparagraph is added:

"The Commission
shall, by means of implementing acts, lay down the necessary rules, including
transitional measures required for their introduction, concerning the
procedures for the application of the sanctions referred to in the second
subparagraph. Those implementing acts shall be adopted in accordance with the
examination procedure referred to in Article 23(2)."

"The
Commission shall, by means of implementing acts, lay down the necessary rules,
including transitional measures required for their introduction, concerning the
procedures and conditions for the application of the sanctions referred to in
the second subparagraph".

(b)     paragraph 4 is replaced by the
following:

"4.     Where the
Commission deems that the outcome of an on-the-spot check referred to in point
(b) of paragraph 2 so justifies, it shall, by means of an implementing act,
adopt a decision addressed to the Member State concerned, laying down the
necessary corrective action to be taken by that Member State as regards the
irregularities spotted, including the level of controls to be carried out by
the competent authority in order to ensure proper compliance with this
Regulation.

Where the
Commission deems that the outcome of checks so justifies, it shall, by means of
an implementing act, draw up the necessary measures to ensure proper compliance
in particular as regards level of controls, the administrative sanctions, and
provision related to the maximum periods referred to in Article 4, 4a, 4b and
4c. That implementing act shall be adopted in accordance with the
examination procedure referred to in Article 23(2)."

(c)     the following new
paragraph 4a is inserted:

"4a.  The Commission
shall be empowered to adopt delegated acts in accordance with Article 22b
to lay down the administrative sanctions which Member States shall apply where
keepers, operators and organisations marketing beef do not comply with their
obligations under this Regulation."

(dc)   paragraphs 5 and 6 are deleted.

(18)        The
following Articles 22a and 22b are inserted:

"Article 22a

Competent authorities

Member States shall
designate the competent authority or authorities responsible for ensuring
compliance with this Regulation and any acts adopted by the Commission on its
basis.

They shall inform
the Commission and the other Member States of the identity of those
authorities.

Article 22b

Exercise of the delegated powers

1.      The
power to adopt delegated acts is conferred on the Commission subject to the
conditions laid down in this Article.

2.      The delegation of power referred to in
Articles 4(5) and 4a(2), and in Articles
5, 7, 10, 14 and 19 and in Article 22(4a) shall be conferred on the Commission for an indeterminate period of
time from*

[*date of entry into force of this
Regulation or from any other date set by the legislator].

3.      The delegation of power referred to in
Articles 4(5) and 4a(2), and in Articles
5, 7, 10, 14 and 19 and in Article 22(4a) may be revoked at any time by the European Parliament or by the
Council. A decision of revocation shall put an end to the delegation of the
power specified in that decision. It shall take effect the day following the
publication of the decision in the official Journal of the European Union or at
a later date specified therein. It shall not affect the validity of any
delegated acts already in force.

4.      As soon as it adopts a delegated act,
the Commission shall notify it simultaneously to the European Parliament and to
the Council.

5.      A delegated act adopted pursuant to
Articles 4(5) and 4a(2), and Articles
5, 7, 10, 14, and 19 and in Article 22(4a) shall enter into force only if no objection has been expressed
either by the European Parliament or the Council within a period of two months
of notification of that act to the European Parliament and the Council or if,
before the expiry of that period, the European Parliament and the Council have
both informed the Commission that they will not object. That period shall be
extended by two months at the initiative of the European Parliament or the
Council."

(19)        Article
23 is replaced by the following:

"Article 23

Committee procedure

1.      The
Commission shall be assisted:

(a)     for the implementing acts adopted
pursuant to Article 22(1), by the Committee on the Agricultural Funds
established by article 41 of Council Regulation (EC) No 1290/2005[19];

(b)     for the implementing acts adopted
pursuant to Article 4(4) and Articles 5, 10a and 22(4), by the Standing
Committee on the Food Chain and Animal Health established by Article 58 of
Regulation (EC) No 178/2002 of the European Parliament and of the Council.[20]

Those committees shall be committees
within the meaning of Regulation (EU) No 182/2011.

2.      Where reference is made to this
paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Where the opinion of the Committee is
to be obtained by written procedure, that procedure shall be terminated without
result when, within the time limit for delivery of the opinion, the chair of
the Committee so decides or a simple majority of committee members so requests."

Article 2

This Regulation shall enter into force on
the twentieth day following that of its publication in the Official Journal
of the European Union.

This Regulation shall be binding
in its entirety and directly applicable in all Member States.

Done at Brussels, 4.4.2012

For the European Parliament                       For
the Council

The President                                                 The
President

[1]               OJ L 204, 11.8.2000, p. 1.

[2]               COM (2005) 322 Final-TSE Road Map:            
http://ec.europa.eu/food/food/biosafety/tse_bse/docs/roadmap_en.pdf

[3]               http://www.cc.cec/sg_vista/cgi-bin/repository/getdoc/COMM_PDF_COM_2009_0544_F_EN_ANNEXE.pdf

[4]               Reference COM (2007) 539 final.

[5]               COM(2004) 316 final.

[6]               SEC(2009)1601 of 16/11/2009
http://ec.europa.eu/agriculture/simplification/sec2009_1601_en.pdf

[7]               http://ec.europa.eu/enterprise/policies/better-regulation/files/hlg_opinion_agriculture_050309_en.pdf,
page 7.

[8]               OJ
L 55, 28.2.2011 p. 13.

[9]               OJ
L 55, 28.2.2011 p. 19.

[10]             OJ
L xx, xx.xx. xxxx, p. xx.

[11]             OJ
L xx, xx.xx. xxxx, p. xx.

[12]             OJ
L xx, xx.xx. xxxx, p. xx.

[13]             OJ L 204, 11.8.2000, p. 1.

[14]             COM (2009) 544 final.

[15]             COM (2005) 9 final.

[16]             COM (2008) 545 final.

[17]             COM (2007) 539 final.

[18]             OJ L 55, 28.2.2011, p. 13.

[19]             OJ L 209, 11.8.2005, p. 1.

[20]             OJ L 31, 1.2.2002, p. 1.