1991R0344 — EN — 01.09.1993 — 002.001 — 1
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►B COMMISSION REGULATION (EEC) No 344/91
of 13 February 1991
layingdowndetailedrulesforapplyingCouncilRegulation(EEC)No1186/90toextendthescope
of the Community scale for the classification of carcases of adult bovine animals
(OJ L 41, 14.2.1991, p. 15)
Amended by:
Official Journal
No page date
►M1 Commission Regulation (EEC) No 3087/91 of 22 October 1991 L 291 15 23.10.1991
►M2 Commission Regulation (EEC) No 2191/93 of 27 July 1993 L 196 17 5.8.1993
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▼B
COMMISSION REGULATION (EEC) No 344/91
of 13 February 1991
laying down detailed rules for applying Council Regulation (EEC)
No 1186/90 to extend the scope of the Community scale for the
classification of carcases of adult bovine animals
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 1186/90 of 7 May 1990
extending the scope of the Community scale for the classification ofcarcases of adultbovine animals (
1), and in particular Article 2 thereof,
Whereas Regulation (EEC) No 1186/90, and in particular Article 1
thereof, provided for the scope of the Community scale for the classi-fication of carcases of adult bovine animals introduced by CouncilRegulation (EEC) No 1208/81 at 28 April 1981 determining theCommunity scale for the classification of carcases of adult bovineanimals (
2) to be extended to cover all carcases and halfcarcases placed
on the market;
Whereas the conditions for identifying classified carcases need to be
specified; whereas the system of marking provided for products deliv-ered into intervention is the most suitable for this purpose and whereasprovisions should therefore be made for marking similar to that laiddown in Commission Regulation (EEC) No 859/89 of 29 March 1989laying down detailed rules for the application of intervention measuresin the beef and veal sector (
3), as lastamended by Regulat ion (EEC) No
2271/90 (4), and in particular Article 4 (3) thereof, while authorizing the
Member States to grant exceptions as to the positioning of the markingslaid down therein;
Whereas according to the practices in certain Member States, on certain
conditions, labelling provides the same guarantees as marking asregards the reliability of identification and in addition allows moredetailed information; whereas it is therefore appropriate to allow theMember States to use labelling instead of marking;
Whereas provision should be made for indication of the category in
accordance with Regulation (EEC) No 1208/81, and in particular Article3 (1) thereof;
Whereas, in view of the limited capacity of certain smallscale slaughter-
houses, recourse should be had to Article 2 (b) of Regulation (EEC) No1186/90 and provision should be made for the possibility of waiving, atthe request of a Member State, obligatory classification, where a smallaverage number of adult bovine animals is slaughtered; whereas theCommission must, when making its decision, take account of certaincircumstances, in particular the objective of gradual harmonization inthis area; whereas, however, in order to simplify application of theabovementioned provision to smaller-scale establishments, it is advis-able to authorize the Member States themselves to grant this waiver inthe case of establishments which slaughter no more than 75 adultbovine animals per week as an annual average and in the case ofcarcases of animals purchased on the hoof by traders practising exclu-sively retail trade and slaughtered for them under contract;
Whereas in cases where an approved establishment itself bones all the
obtained and classified carcases, compulsory identification no longerserves any purpose;
(1) OJ No L 119, 11. 5. 1990, p. 32.
(2) OJ No L 123, 7. 5. 1981, p. 3.
(3) OJ No L 91, 4. 4. 1989, p. 5.
(4) OJ No L 204, 2. 8. 1990, p. 45.
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▼B
Whereas classification should be carried out by staff having the neces-
sary qualifications certified by licence or approval;
Whereas the reliability of classifications must be verified by effective
checks carried out by public or private bodies having no connectionwith the slaughterhouses they inspect; whereas it must be possible topenalize incorrect classification, in particular by revoking the licence ofthe person responsible;
Whereas the Member States should be obliged to inform the Commis-
sion of the steps taken to ensure compliance with Regulation (EEC) No1186/90 and to penalize infringements of this Regulation in particular;
Whereas the Management Committee for beef and veal has not deliv-
ered and opinion within the time limit set by its chairman;
HAS ADOPTED THIS REGULATION:
Article 1
1. The identification referred to in Article 1 (1) of Regulation (EEC)
No 1186/90 of carcases or half-carcases classified according to theCommunity scale for the classification of the carcases of adult bovineanimals established by Regulation (EEC) No 1208/81 in approvedestablishments shall be carried out by means of a mark indicating thecategory and the class of conformation and fatness.
►
M2This marking shall be carried out by stamping on the outside
surface of the carcase using an indelible and non-toxic ink following amethod approved by the competent national authorities; the letters andfigures must be not less than two centimetres in height. ◄The marks
shall be applied on the hindquarters on the striploin at the level of thefourth lumbar vertebra and on the forequarters, on the brisket between10 an 30 centimetres form the cut edge of the sternum. ►
M2However,
Member States may determine other positions on each quarter providedsuch positions are on the outside surface of the carcase and providedthey inform the Commission beforehand. ◄
▼
M2
2. Without prejudice to Article 4 (3) (c) and (d) of Regulation (EEC)No 859/89 and Article 2 (2) of Commission Regulation (EEC) No3445/90 (
1), Member States may authorize remplacement of the marking
by the use of labels under the following conditions:
▼B — the labels may be kept and attached only in the approved establish-
ments which slaughter the animals; they must be of a size not lessth a n5×1 0c m ;
— in addition to the requirements mentioned in paragraph 1, they must
indicate the approval number of the slaughterhouse, the identifica-tion or slaughter number of the animal, the date of slaughter and theweightof t he carcase;
— the indications referred to in the second indent must be perfectly
legible and no alterations shall be permitted;
▼
M2
— the labels msut be tamper-proof, tear-resistant and firmly attached to
each quarter in the places defined in paragraph 1.
2a. Classification and identification must take place not later than
one hour after the commencement of slaughter operations.
▼B
3. The marks and labels must not be removed before the quarters areboned.
(1) OJ No L 333, 30. 11. 1990, p. 30.
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▼M2
In particular, Member States shall take appropriate steps to ensure thatthis provision is compiled with in intra-Community trade.
▼
B
4. The category shall be indicated in accordance with Article 3 (1) ofRegulation (EEC) No 1208/81.
▼
M2
The indication of sub-classes or, where necessary, the break-down ofcategories by age shall be by means of symbols other than those usedfor classification.
5. For the purpose of communicating the classification results
referred to in Article 1 (2) of Regulation (EEC) No 1186/90, the classesof conformation and fat cover as well as the category shall be indicatedon the invoice, or on a document attached thereto, addressed to thesupplier of the animal or, falling that, to the physical or legal personresponsible for the slaughter operations, by means of symbols expresslyprovided for that purpose in Community legislation.
▼
B
Article 2
1. At the request of a Member State, the Commission waive to the
obligations concerning the classification of carcases of adult bovineanimals set out in Article 1 of Regulation (EEC) No 1186/90 forapproved establishments which slaughter only a small number of adultbovine animals per week as an annual average; when making itsdecision, the Commission shall take account of the evolution of thecapacity of the slaughterhouses, the organization of classification opera-tions and the objective of gradual harmonization in this area.
The waiver must have a limited period of validity.2. Without prejudice to the first paragraph, Member States may
decide that the requirements on classification of carcases of adultbovine animals laid down in Article 1 of Regulation (EEC) No 1186/90shall notbe compulsory:
— for approved establishments which slaughter not more than 75 adult
bovine animals per week as an annual average,
— for retailers who purchase live animals and have them slaughtered
under contract on their account.
3. The obligations relating to the identification of the carcases of
adultbovine animals setoutin Art icle 1 shall notapply t o approvedslaughterhouses which themselves bone all of the carcases obtained.
Article 3
1. Member States shall ensure that classification is carried out by
qualified technicians who have obtained a licence for this purpose. Thelicence may be replaced by an approval granted by the Member Statewhere such approval corresponds to recognition of a qualification.
►
M22. Classification and identification in the establishments
covered by Article 1 of Regulation (EEC) No 1186/90 shall be checkedon t he spotwit houtprior warning by a body independentof t he slaugh-terhouse. ◄Checks mustbe carried outatleastt wice every t hree
months in all approved establishments which operate classification andmustrelat e t o atleast30 carcases select ed atrandom. However, in t hecase of the approved establishments referred to in the first indent ofArticle 2 (2), frequency of the checks may be reduced to once everythree months only.
▼
M1
►M2Where the body responsible for checks is the same as that
responsible for classification and identification or where it does not fallunder the authority of a public body, the checks provided for in thepreceding subparagraph mustbe carried outunder t he physical supervi-sion of a public body under the same conditions and at least once a
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▼M1
year.◄The public body shall be informed regularly of the findings of
the body responsible for checks.
▼B
In cases where a significantnumber of incorrectclassificat ions oridentifications failing to comply with the rules is ascertained duringthese inspections, the number of carcases inspected and the frequency ofsport checks shall be increased and the licence provided for in thepreceding paragraph may be revoked.
3. Member States shall inform the Commission of the measures
taken for the application of Article 3 of Regulation (EEC) No 1186/90and of penalties for infringements such as, in particular, the falsificationand fraudulent use of stamps and labels, or classification carried out byunlicensed personnel.
Article 4
This Regulation shall enter into force on 1 June 1991.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.