Proposal for a COUNCIL REGULATION (EC) establishing a system for the identification and registration of bovine animals
Date: 1996-10-02
Institutions: European Commission
Subjects: beef, consumer information, consumer protection, labelling, retail outlet, veterinary inspection

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

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Brussels,  02.10.1996 
COM(96)  460  final 

96/0228  (CNS) 
96/0229  (CNS) 

Proposal  for  a 

COUNCIL  REGULATION  (EC) 

establishing a system for the identification 
and registration of bovine animals 

Proposal  for  a 

COUNCIL  REGULATION  (EC) 

regarding  the labelling  of  beef and  beef  products 

(presented  by the  Commission) 

EXPLANATORY  MEMORANDUM 

Introduction 

The  decline  in  consumer  confidence  in  the  beef  market  resulting  from  the  BSE  crisis  has 
highlighted deficiencies  in the provisions relating to the presentation for sale of beef and beef 
products  as  well  as  for  the  traceability  of  animals.  It  is  clear  that  the  labelling  of  beef  and 
beef  products  needs  to  be  developed  in order  to  reassure  consumers  of their  quality. 

In  order  that  consumers  can  have  confidence  in  the  information  contained  on  labels  it  is 
necessary  to  establish  a  reliable  system  for  the  identification  and  registration  of  bovine 
animals. 

A regulation  is proposed  concerning the identification  and registration of bovine animals and 
another  concerning  the  labelling  of  beef  and  beef  products. 

There  are  no  financial  implications  for  the Community  budget  of  either  Regulation. 

1.Identification  and  Registration  of  Bovine  animals 

Council  Directive  92/102/EEC,  on  the  identification  and  registration  of  animals  (1), 
introduced  arrangements  to  identify  and  register  bovine,  ovine  caprine,  and  porcine 
animals.  Experience  has  shown  that  the  implementation  of  this  Directive  has  not  been 
satisfactory.  The  BSE  crisis  in  particular  has  demonstrated  that  the  identification  and 
registration systems of bovine animals are in need of improvement. The main  weaknesses 
which have been identified  concern the lack of traceability of animals due the absence of 
movement records in a centralized data base and deficiencies  in accompanying documents. 

(1)  OJ No  L  355, 5.  12.  1992, p. 32. 

L 

Directive  92/102/EEC  has two  basic  objectives: 

-  the  tracing  of  animals  for  veterinary  purposes,  which  is of  crucial  importance  for  the 
control  of contagious diseases.  It must be possible to determine rapidly  and  conveniently 
the place of origin of an animal or carcase and its movements throughout the  Community. 
The  purpose  of  this  being  to  prevent  the  further  spread  of diseases; 

-  the  management  and  supervision  of  livestock  premiums  as  part  of  the  reform  of 
agricultural  policy. 

In  the  interest  of  a  well-managed  system  of  livestock  premiums,  monitoring  of  the 
payment  of  such  premiums,  control  of contagious  diseases, the  rapid  tracing  of  animals 
in  the  event  of  an  outbreak  of  a  contagious  disease  and  fraud  prevention,  productive 
livestock must be adequately  identified  and registered according to the same  requirements 
in all  Member  States. 

It  is proposed  to  introduce  a  Regulation  for  the  identification  and  registration  of  bovine 
animals  which  will  reinforce  the  provisions  of  the  current  Directive,  in  particular  with 
regard  to  the  introduction  in  each  Member  State  of  a  computerized  data  base  and  a 
passport  for  each  animal,  for  the  purpose  of  tracing  animals  for  health  reasons  and  the 
control  of  Community  aid  schemes. 

The  proposed  Regulation  provides  for  minimum  requirements,  which  means  that  the 
Member  States  may  extend  the rules. 

The proposed identification  and registration system provides for eartags to identify  bovine 
animals individually, a central computerized  data base, a passport for each bovine animal, 
and  registers  of  animals  on  each  holding. 

Bovine  animals  must  be identified  by an eartag  to be applied  in each  ear,  at  least  one of 
the eartag shall be of a plastic material. In the case of animals which  has become  illegibly 
or has been lost, a new mark  must be applied,  however the replacement  tag shall  bear the 
same code  as the  original  eartag. 

In the  light of problems encountered  with regard to  identification,  the Commission,  with 
the  technical  support  of  the  JRC,  is  launching  a  large  scale  field  trial,  called  the  IDEA 
project, to examine the feasibility  of using electronic identification  systems as a means of 
increasing  the  reliability  of  animal  identification.  The  trial,  which  will  last  three  years, 
will involve the use of electronic transponders which may be either inserted  in the animal 
or  contained  in  an  eartag.  It  is  intended  that  this  project  shall  start  at  the  beginning  of 
1997 and cover a million  animals across the Community. On the basis of the  conclusions 
of  this trial  the  Commission  may  submit  proposals  to  amend  the  provisions  concerning 
eartags. 

For  the  purpose  of  efficient  and  rapid  tracing  of  animals  and  for  the  control  of 
Community  aid  schemes,  it  is  proposed  that  the  computerized  data  base  shall  record 
details  of  all  holdings  on  the  territory  of  the  Member  State,  the  identity  of  the  bovine 
animals  and  their  movements.  In  order  to  do  this  bovine  animals  must,  throughout  any 
movement,  be  identified  by  an  eartag  and  accompanied  by  a  passport. 

à 

The proposed  Regulation  on the establishment of an identification  and registration  system 
for  bovine animals provides  for  the Commission  in management  committee procedure  to 
adopt  detailed  rules  concerning  the  requirements  for  the  eartags,  the  passport  and  the 
register  on  the  holding. 

2.  Labelling  of  beef  and  beef  products 

The  provisions  concerning  the  labelling  of  meat  also  need  to  be  reinforced  to  improve 
their  effectiveness.  The  proposed  Regulation  regarding  the  labelling  of  beef  and  beef 
products  states  that  each  operator  or  organization  in  the  beef  trade  should  submit  a 
specification  indicating  the  information  to  be  included  on  the  label  and  measures  to  be 
taken  to  ensure  its  accuracy.  The  specification  must  also  describe  the  control  system  to 
be  applied  as well  as  measures  to  be  taken  in  relation  to operators  who  do  not  comply 
with  its provisions. 

The specification  must establish the link between the identification  of the carcase and cuts 
of  meat  or  meat  products  with  the  identification  of the  individual  animal  from  which  it 
came. 

The  proposed  Regulation  also  mentions  the  information  which  may  be  included  on  the 
label. This includes information  concerning the animal, including the method of  fattening 
and  other  information  in relation to  feeding. 

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PROPOSAL 

FOR A COUNCIL REGULATION  (EC) 

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establishing a system for the identification 
and registration of bovine animals  '• 

THE COUNCIL OF THE EUROPEAN UNION; 

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Having  regard to  the Treaty establishing  the European  Community,  and in particular 
Article 43 thereof, 

Having regard to the proposal from the Commission (1), 

Having regard to the opinion of the European Parliament (2), 

Having regard to the opinion of the Economic and Social Committee (3), 

Whereas  Article  3  (1)  (c)  of  Council  Directive  90/425/EEC  of  26  June  1990 
concerning veterinary and zootechnical  checks applicable in intra-Community trade in 
certain live animals and products with a view to the completion of the internal market 
(4),  states  that  animals  for  intra-Community  trade  must  be  identified  in  accordance 
with the requirements  of  Community  rules and be registered  in such a way  that  the 
original  or  transit  holding,  centre  or  organisation  can  be  traced,  and  that  before  1 
January  1993  these  identification  and  registration  systems  are to  be extended  to  the 
movements of animals with the territory of each Member State; 

Whereas Article  14 of Council Directive 91/496/EEC of  15 July 1991 laying down the 
principles  governing  the  organisation  of  veterinary  checks  on  animals  entering  the 
Community from third countries and amending Directives  89/662/EEC,  90/425/EEC, 
90/675/EEC  (5),  states  that  the  identification  and  registration  as  provided  for  in 
Article 3 (1) (c) of Directive 90/425/EEC of such animals must, except in the case  of 
animals for slaughter and registered equidae, be carried out after the said checks have 
been made; 

Whereas the management of certain Community aid schemes in the field of agriculture 
requires  the  individual  identification  of  certain  types  of  livestock;  whereas  the 
identification  and registration  systems  must, therefore,  be suitable for the  application 
and control of such measures; 

(1)  OJNoC 
(2)  OJNoC 
(3)  OJNoC 
(4)  OJ No L 224,  18. 8.  1990, p. 29.  Directive as last amended by Directive 

92/118/EEC.( OJ No L 62,  15. 3.  1992, p. 49). 

(5)  OJ  L  No  268,  24.  9.  1991,  p.  56.  Directive  as  last  amended  by  the  Act  of 
Accession of Austria, Finland and Sweden. 

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Whereas  it  is  necessary  to  ensure  the  rapid  and  efficient  exchange  of  information 
between  Member  States  for  the  correct  application  of  this  Directive;  whereas 
Community  provisions  have  been  established  by  Council  Regulation  (EEC)  No 
1468/81  of  19  May  1981  on  mutual  assistance  between  the  administrative  authorities 
of  the  Member  States  an  d  the  co-operation  between  the  latter  and  the  Commission 
to  ensure  the  correct  application  of  the  law  on  customs  or  agriculture  matters  (6)  and 
by  Council  Directive  89/608/EEC of 21 November  1989 on mutual  assistance  between 
the administrative  authorities of the Member  States and  co-operation  between  the  latter 
and  the  Commission  to ensure  the correct  application  of  legislation  on  veterinary  and 
zootechnical  matters  (7); 

Whereas  the  current  rules  concerning  the  identification  and  the  registration  of  bovine 
animals  have  been  laid  down  in  Council  Directive  92/102/EEC  on  the  identification 
and registration  of animals (8); whereas experience  has shown that the  implementation 
of this  Directive  for  bovine  animals has not been satisfactory  and  needs  improvement; 
whereas  it  is therefore  necessary  to  adopt  a  Regulation  for  bovine  animals  in  order  to 
reinforce  the  provisions  of  the  Directive; 

Whereas  for  the  purpose  of  rapid  and  accurate  tracing  of  animals  for  health  reasons 
and  the  control  of  Community  aid  schemes  each  Member  State  should  create  a 
computerised  data  base  which  shall  record  the  identity  of  the  animal,  all  holdings  on 
their  territory  and  the  movements  of  the  animals; 

Whereas  in  order  to  permit  movements  of  bovine  animals  to  be  traced  animals  must 
be  identified  by  an  eartag  applied  in  each  ear  and  accompanied  by  a  passport 
throughout  any  movement  ;  whereas  the  form  and  content  of  the  mark  and  the 
requirements  of  the  passport  must  be  determined  on  a  Community  basis;  whereas  a 
passport  must  be 

issued  for  each  animal  to  which  a  eartag  has  been  allocated; 

Whereas  in  the  case  of  animals  in  which  the  eartag  has  become  illegible  or  been  lost 
a  new  mark  must  be  applied;  whereas  a  replacement  tag  shall  bear  the  same  code  as 
the  original  eartag; 

Whereas  the  Commission  is  examining  on  the  basis  of  work  performed  by  the  JRC 
the  feasibility  of  using  electronic  means  for  the  identification  of  animals. 

Whereas  the  keeper  of animals  must  maintain  an  up-to-date  register  of the  animals  on 
their  holdings;  whereas  the  requirements  of  the  register  must  be  determined  on 
Community  basis;  whereas  persons  involved  in  the  commerce  of  animals  must  keep 
records  of  their  dealings;  whereas  the  competent  authority  must  have  access  to  these 
records  on  request; 

(6)  O J L No  144,2.  6.  1981, p.  1. 

Amended  by  Regulation  (  EEC)  No  945/87  (  OJ  No  L  90,  2.  4.  1987,  p.  3.  ). 

(7)  OJ  No  L  351, 2.  12.  1989,  p.  34. 
(8)  OJ  No  L  355,  5.  12.  1992,  p.  32. 

this  Regulation  must  not  affect  specific  requirements  contained 

Whereas 
in 
Commission  Decision  89/153/ EEC of  13 February  1989,  concerning the correlation  of 
samples  taken  for  residue  examination  with  animals  and  their  farms  of  origin  (9),  or 
any relevant application rules established in accordance with Directive 91/496/EEC; 

Whereas  it  is  necessary  to  amend  Regulation  (EEC)  No  3508/92  establishing  an 
integrated administration and control  system for certain Community aid schemes(lO); 

HAS  ADOPTED THIS  REGULATION: 

Article  I 

1.  Each  Member  State  shall  establish  a  system  for  the  identification  and  registration 
of  bovine  animals  (hereinafter  referred  to  as "animals"),  as  defined  in  Article  2  of 
Directive  64/432/EEC  on animal  health  problems  affecting  intra-Community  trade 
in  bovine  animals  and  swine(ll),  in  accordance  with  the  provisions  of  this 
Regulation. 

2.  The provisions  of this Regulation  shall  apply without  prejudice  to  any  Community 
rules  which  may  be  established  for  disease  eradication  or  control  purposes  and 
without  prejudice  to  Directive  91/496/EEC  and  Regulation  (EEC)  No  3508/92. 
However,  the  provisions  of Directive  92/102/EEC  shall  no  longer  apply,  in so  far 
as they relate specifically to bovine animals. 

Article  2 

For the purpose of this Regulation: 

-  holding  shall  mean  any establishment,  construction  or any place  in which  animals 
by  this  Regulation  are  held,  kept  or  handled,  situated  within  the 

covered 
territory of the same  Member State; 

- 

- 

keeper  shall mean any natural or legal person responsible for animals, whether on a 
permanent or on a temporary basis, including during transportation or at a market; 

competent  authority  shall  mean  the  authority  in  a  Member  State  responsible  for 
carrying  out  veterinary  checks;for 
for 
implementing Regulation (EEC) No  3508/92; 

this  Regulation;  or 

implementing 

(9)  OJNoL59,2.  3.  1989, p. 33. 
(10) OJNoL 355, 5.12.92 p. 1 
(ll)OJNo  121,29.7.1964, p.1977 

R 

Article 3 

The system for the identification and registration of  bovine animals shall comprise the 
following elements: 

(a) 

eartags to identify animals individually; 

(b) 

computerized data bases; 

(c) 

animal passports; 

'  , 

(d) 

individual registers kept on each holding. 

The  Commission and the competent authority of the  Member State concerned  shall 
have  access  to  all  information  under this  Regulation.  They  shall  take  the measures 
necessary to ensure appropriate accessibility  to  this  data  for  all parties concerned 
particular  to  consumer  organizations  having  a  particular  interest  < 
recognized  by  the  Member  State,  as  well  as  the  protection  of 
confidentiality. 

i ts 

i n 

Article 4 

All  animals  on  a  holding  shall  be  identified  by  an  eartag  applied  in  each  ear 
approved  by  the  competent  authority.  The  eartags  shall  bear  the  same  unique 
identification code. The first two positions shall identify  the Member State of the 
holding where the animal is first identified  in accordance with the alpha-2 country 
code  set down in Decision 93/317/EEC,  followed  by a numeric code which shall 
not  exceed  12  characters,  and which  makes  it  possible  to  identify  each animal 
individually together with the holding on which it was born. 

The eartag shall be applied within 14 days following  the birth of the animal and in 
any case before the animal leaves the holding on which it was born. 

No animal may be moved from a holding unless it is identified  in accordance with 
this Article. 

Any animal imported from a third country which has passed the checks laid down 
by Directive 91/496/EEC and which remains within Community territory shall be 
identified on the holding of destination by an eartag complying with the provisions 
of  this  Article,  within  14 days of  undergoing  the  aforesaid  checks,  and,  in any 
event,  before  leaving  the holding.  However,  it  is  not  necessary  to  identify  the 
animal  if the holding of destination  is  a  slaughterhouse  situated  in the Member 
State  where such checks are carried out  and the  animal  is  actually  slaughtered 
within that 14 day period. 

The original identification established by the third country shall be recorded in the 
computerized  data base provided for in Article 6  together with the  identification 
code allocated to it by the Member State of destination. 

4.  Any  animal  from  another  Member  State  shall  retain  its original  eartag. 

5.  No  eartag  may  be removed  or  replaced  without  the  permission  of  the  competent 
authority.  Where  an  eartag  has  become  illegible  or  has  been  lost,  a  replacement 
tag  bearing  the  same code  shall  be applied  in accordance  with  this  Article. 

6.  The eartags are allocated  to the holding, distributed  and applied  to the animals  in 

a  manner  determined  by the competent  authority. 

7.  Eartags which do not comply  with  the requirements  as laid down  in this  Article, 

shall  be replaced  on  31.12.1997 at the  latest. 

8.  Not  later  than  31  December  2000,  acting  on  the  basis  of  a  report  from  the 
Commission,  accompanied  by  any  proposals,  the  Council  shall  decide  on  the 
possibility  of  introducing  electronic  identification  arrangements  in  the  light  of 
progress achieved  in this  field. 

Article 5 

The competent  authority shall create a computerized  data base, which shall record at 
least: 

1. 

For each animal: 

- the identification code; 

- the date of birth 

- the sex; 

- the breed; 

- the identification code of its mother; 

- the holding number of birth; 

- identification numbers of all holdings where the animal has been kept; 

- dates of movements; 

- date of death or slaughter. 

2. 

. For each holding: 

- the identification number consisting of a code not  exceeding 12 

characters; 

- the name and address of the keeper. 

3. 

The data base shall have the following  information  available,at  any time: 

-  a list of all animals present on a holding at  any time, 

- a list of all the movements of each animal commencing from the 

holding of birth. 

The  information  shall be  kept  in the  data base  until  3  consecutive  years  have  elapsed 
after the death of the animal. 

The  data base shall be fully operational  and contain  all  relevant  data  on  31.12.1997  at 
the latest. 

Article  6 

1.  The competent  authority shall issue  a passport  for  each animal  to  which  an eartag 
has  been  allocated  within  7  days  following  the  notification  of  its  birth,  or,  in  the 
case  of  animals  imported  from  third  countries,  of  the  notification  of  its  re-
identification  by  the  Member  State  concerned  ,as  provided  for  under  Article  4 
paragraph  3.  The  competent  authority  may  issue  a  passport  to  animals  from 
another  Member  State  under  the  same  conditions.  In  such  cases,  the  passport 
accompanying  the  animal  on  its  arrival  shall  be  surrendered  to  the  competent 
authority which shall return it to the issuing Member State. 

2.  Whenever an  animal is moved it shall be accompanied by its passport. 

3.  In the case of the death of  an animal,  the  passport  shall  be  returned  by the  keeper 
to  the  competent  authority within  3  working  days  after  the death  of the  animal.  If 
the  animal  is sent to  a slaughterhouse,  the operator  of the  slaughterhouse  shall  be 
responsible for returning the passport to the competent  authority. 

4.  In the case of animals exported to third countries the passport  shall be  surrendered 
by  the  last  keeper  to  the  competent  authority  at  the  place  where  the  animal  is 
exported. 

Article  7 

1. 

Each keeper of animals shall : 

keep an up-to-date register, 

/)  O 

report to the competent authority all movements to and from the 
holding and all births and deaths of animals on the holding, along with 
the dates of these events within 3 working days of the event occuring; 

- 

complete the passport immediately on arrival and prior to departure of 
each animal from the holding and ensure that the passport accompanies 
the animal. 

2. 

3. 

Each keeper shall supply the competent authority, upon request, with all 
information concerning the origin, identification and where appropriate, the 
destination of animals which he has owned, kept, transported, marketed or 
slaughtered. 

The register shall be in a format approved by the competent authority and be 
available on the holding and to the competent authority, upon request, for a 
minimum period to be determined by the competent authority but which may 
not be less than 3 years. 

Article 8 

Member  States  shall  designate  the  competent  authority  responsible  for  ensuring 
compliance with this Regulation. They shall inform each other and the Commission of 
the identity of this authority. 

Article 9 

The  Commission  shall  adopt  detailed  rules  for  the application  of  this Regulation  in 
accordance  with  the  procedure  laid  down  in  Article  13  of  Regulation  (EEC)  No 
729/70. These detailed rules shall cover in particular: 

(a) requirements for eartags; 

(b) requirements for the passport; 

(c) requirements for the register; 

(d) minimum level of controls to be carried out; 

(e) application of penalties; 

(f) transitional provisions for the start-up period of the system. 

1-T 

Article JO 

Member  States  shall  take  all  the  necessary  measures  to  ensure  compliance  with  the 
provisions of this Regulation. These controls shall be without  prejudice to any controls 
which  the  Commission  may  carry  out  by  analogy  with  Article  9  of  Regulation  (EC, 
Euratom) No  2988/95. 

Any  penalties  imposed  by the Member  State  on  keepers  shall  be  proportionate  to  the 
gravity  of  the  breach.  The  penalties  may  involve,  where  justified,  a  restriction  on 
movement  of the animals to or from the keeper concerned. 

Article  J J 

Article 5 of Regulation(EEC) No  3508/92  is completed by the following  text: 

"....and Regulation(EC)  No 

" 

Article  12 

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

It shall be applicable as from  1  January  1997. 

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

Done at Brussels, 

For the Council 

The President 

ic 

Proposai  for  a 

COUNCIL  REGULATION  (EC> No  /96 
of 
regarding  the  labelling  of  beef and beef  products 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article  43 thereof, 

Having  regard to the  proposal  from  the Commission1, 

Having  regard  to the  opinion  of the  European  Parliament2, 

Having  regard  to the  opinion  of the  Economic  and  Social  Committee3, 

Whereas in  order to  improve the information  to consumers about consumer  relevant  aspects 
of  beef  and  beef  products,  a  specific  labelling  system  should  be  set  up  in  the  beef  sector; 
whereas beef and beef products shall be taken to mean certain products referred  to  in Article 
1 (1) of  Council  Regulation  (EEC) No  805/68 of 27 June  1968 on the common  organization 
of  the  market  in beef  and  veal4; whereas  Member  States  may  decide  to  extend  the  labelling 
system  to  other  processed  goods  containing  beef; 

Whereas  such  a  labelling  system  should  be  facultative  to  operators  and  organizations 
marketing  beef  and  beef  products  in  the  sense  that  operators  and  organizations  wishing  to 
label  their  beef  and  beef  products  shall  do  so  in  accordance  with  this  regulation; 

Whereas  the  provisions  of  this  regulation  should  not  undermine  existing  Community 
legislation  in  the  fields  of  labelling  and  control  of  foodstuffs,  protection  of  geographical 
indications and designations of origin, measures to promote and market quality beef and veal 
and  rules  governing  health  problems  affecting  intra-Community  trade  in  meat  and  meat 
products; 

Whereas  an  efficient  labelling  system  depends  on  the  possibility  to  trace  back  any  labelled 
beef or beef products to the animal  or animals of origin; whereas the labelling  arrangements 
of an operator or organization  shall only be accepted once a specification  has been  submitted 
to  and  approved  by the competent  authority; 

OJ  No L  148, 28.6  1968, p. 24.  Regulation  as last amended  by  Regulation  (EC) No  1357/96, OJ No  L  175,  13.7  1996, p  9 

u 

Whereas  in  order  to properly  identify  the  person  responsible  for  the  information  indicated  on 
the  Libel,  operators  and  organizations  shall  only  be  entitled  to  label  beef  and  beef  products 
provided  that  the  label  contains  its  name  and  logo;  whereas  it  shall  be  specified  what  kind  of 
information  the  label  may  contain; 

Whereas  operators  and  organizations  importing  beef  and  beef  products  from  third  countries 
into  he  Community  may  also  wish  to  label  their  products  according  to  this  regulation; 
-vhereas  provisions  should  thus  be  made  for  imported  beef  to  be  included  in  the  labelling 
system; whereas these  provisions  must  ensure  that  labelling  arrangements  relating  to  imported 
beef  and  beef  products  be  of  equivalent  reliability  as  those  set  up  for  Community  beef; 

Whereas  with  a  view  to  guarantee  the  reliability  of  the  labelling  arrangements  in  place,  it  is 
necessary  to  oblige  the  Member  States  to  carry  out  adequate  and  efficient  control  measures; 
whereas  these  controls  shall  be without  prejudice  to  any  controls  which  the  Commission  may 
carry  out  by  analogy  with  Article  9  of  Council  Regulation  (EC,  Euratom)  No  2988/95  of  18 
December  1995  on  the  protection  of  the  European  Communities  financial  interests5;  whereas 
the competent  authorities of the Member  States shall  be authorized  to withdraw  their appro val 
of  any  specification  in  the  event  of  irregularities; 

HAS  ADOPTED  THIS  REGULATION  : 

Article  1 

1. 

2. 

If  an  operator  or  an  organisation,  as  defined  in  Article  2,  wishes  to  label  beef 
or  beef  products  in  a  detailed  manner  at  the  point  of  sale,  it  shall  do  so  in 
accordance  with  this  Regulation. 

Notwithstanding  paragraph  1,  the  following  shall  continue  to  apply  : 

-  Council  Regulation  No  26  of  4  April  1962  applying  certain  rules  of  competition  to 

production  of  and  trade  in  agricultural  products6 

-  Council  Directive  64/433/EEC  of  26  June  1964  on  health  condition  for  the  production 

and  marketing  of  fresh  meat7 

-  Council  Directive  77/99/EEC  of  21  December  1976  on  health  problems  affecting  intra-

Community  trade  in  meat  products8 

-  Council  Directive  79/112/EEC  of  18  December  1978  on  the  approximation  of  the  laws 
of  the  Member  States  relating  to the  labelling,  presentation  and  advertising  of  foodstuffs 
for  sale  to  the  ultimate  consumer9 

5  OJNo  L 312,23.12.  1995, p. I 

60J  No  30, 20.4.  1962, p. 993.  Regulation  as  last amended  by  Regulation  No 49, OJ  No  53.  1.7.  1962,  p.  1571 

17  OJ  No  121,  29.7.  1964,  p. 2012 

8  OJ  No  L26,  31.1.  1977,  p.  85 

3  OJ  No  L 33, 8.2.  1979,  p. 1 

-4M 

-  Council  Directive 93/99/EEC of 29 October  1992 on additional  measures concerning the 

official  control  of  foodstuffs10 

-  Council  Directive  94/65/EEC  of  14  December  1994  laying  down  the  requirements  for 

the  production  and  placing  on  the  market  of  minced  meat  and  meat  preparations" 
-  Council  Regulation  (EEC) No.  1208/81  on carcase  classification  of  28  April  198112 
-  Council  Regulation  (EEC)  No.  1186/90 on carcase  classification  of  7 May  1990'3 
-  Council  Regulation  (EEC)  No. 2081/92  of  14 July  1992 on  protection  of  geographical 

indications  and  designations  of origin14 

-  Council  Regulation  (EEC)  No. 2082/92  of  14  July  1992  on  certificates  of  specific 

character  for  agricultural  products  and  foodstuffs15 

-  Council Regulation (EEC) No. 2067/92 of 30 June  1992 on the measures to promote and 

market  quality  beef  and  veal.16 

Article  2 

For the purposes  of  this  Regulation  the  following  definitions  shall  apply  : 

-  "beef  and  beef  products"  means  the  products  referred  to  in  Article  1(1)  of  Regulation 

(EEC) No.  805/68  other  than  CN codes  0102  90 05  to 0102  90  79 and  0102  10 

-  "label" means a label attached to an individual piece or pieces of meat or to their packaging 

material,  or  information  provided to  the consumer  at the  point  of  sale 

-  "organisation" means a group of operators from the same or different  parts of the beef trade. 

Member  States  may  decide  to  extend  this  system  to  processed  goods  containing  products 
referred  to  in the  first  indent,  including  cosmetic  and  pharmaceutical  products. 

Article 3 

1.  Each operator or organisation  shall submit a specification  for approval to the competent 
authority of each Member State in which production or sale of the beef or beef  products 
in question  takes place.  Such  specification  shall  indicate  : 

-  the  information  to be  included  on the  label 
-  the  measures to be taken  to ensure  the accuracy  of this  information 

10 OJ No L 290,24.1. <993, p. 14 

11 OJ No L 368, 31.12. 1994, p. 10 

12 OJ Mo L 123, 7.5. J981, p. 3 

13 OJ No L IW. 41.5. J99Q, p. 32 

14 OJ No L 208, 24.7. 1992, p. 1 

15 OJ No L 208, 24.7. 1992, p. 9 

OJ No L 215, 30.7. 1992, p. 57 

AS-

-  the  control  system  which  will  be  applied  at  all  stages  of  production  and  sale,  including 
controls  to be carried  out  by  an  independent  body  to be nominated  by  the  operator  or  the 
organisation 

-  in  the  case  of  an  organisation,  the  measures  which  would  be  taken  in  relation  to  any 

member  which  failed  to  comply  with  the  specification. 

2.  The  approval  of  any  specification  shall  be  subject  to  the  assurance  of  the  competent 
authority,  obtained  on  the  basis of  a thorough  examination  of  its components  as  referred 
to  in  paragraph  1,  of  the  proper  and  reliable  functioning  of  the  labelling  system 
envisaged  and,  in  particular,  of  its  control  system.  Any  specification  which  does  not 
ensure  a  link  being  made  between  identification  of  the  carcase,  quarter,  pieces  of  meat 
and  meat  products  and  the  individual  animal,  or  in  the  case  of  pieces  of  meat  and  meat 
products  the  animals  concerned,  shall  be  refused. 

3.  Where  the  production  and/or  sale  of  beef  or  beef  products  takes  place  in  two  or  more 
Member  States, the competent  authorities of the Member  States concerned  shall  examine 
and  approve  the  specifications  submitted  insofar  as the elements  contained  therein  relate 
to  operations  taking  place  within  their  respective  territory.  In  this  event,  every  Member 
State  concerned  shall  recognize  the  approvals  granted  by  any  other  Member  State 
concerned. 

4.  Where  the  competent  authorities  of  all  the  Member  States  concerned  approve  the 
specification  submitted,  the  operator  or  organisation  concerned  shall  be  entitled  to  label 
beef  and  beef  products,  provided  that  the  label  contains  its  name  or  logo. 

Any  entitlement  shall  apply  without  prejudice  to  the  respect  of  Article  13  of  Regulation 
(EEC)  No.  2081/92  and  of  Article  13  of  Regulation  (EEC)  No.  2082/92. 

Article  4 

1.  Where,  in  full  or  in  part,  the  production  of  beef  or  beef  products  takes  place  in  a  third 
country, operators and organisations  shall only be entitled to label beef and  beef  products 
according  to this Regulation,  if,  in addition  to the observance  of the requirements  set  out 
in  Article  3,  they  have  obtained  approval  of  their  specifications  by  the  competent 
authority  designated  to  this  end  by  each  third  countries  concerned. 

2.  The  validity  within  the  Community  of  any  approval  granted  by  a  third  country  shall  be 

subject  to  prior  notification  by  the  third  country  to  the  Commission  : 

-  of  the  competent  authority  which  is  designated 
-  of the procedures  and criteria to be followed  by the competent  authority  when  examining 

the  specification 

-  of  each operator  and  organisation  to which the competent  authority  has  granted  approval 

of  their  specification. 

The  Commission  shall  transmit  these  notifications  to  the  Member  States. 

AG 

Where, on the basis of the above notifications,  the Commission  arrives at the conclusion  that 
the procedures and/or criteria applied in a third country arc not equivalent to the standards set 
out  in  this  Regulation,  the  Commission  shall,  after  consultation  with  the  third  country 
concerned,  decide  that  approvals  granted  by  the  third  country  concerned  shall  not  be  valid 
within  the  Community. 

Article 5 

1.  A label  shall not contain any information  relating  to the animal  from  which  the beef or 

beef  products  originate  other  than  that  which  appears  in the  following  list  : 

-  Member  State, region of a Member  State or third country of birth, the sex of the animal 
-  method  of  fattening 
-  other  information  in relation  to  feeding 
-  Member  states, regions of Member  States or third countries  where all, or at least  80 %, 

of the  fattening  took  place 

-  information  on the slaughtering,  like the Member  State or region  of  a Member  State or 
third  country  where  slaughter took  place, the age  at slaughter  and  the date  of  slaughter 
or the  period  during  which the  beef  was hung 

-  information  on methods of boning and  cutting  like mechanical  recovery,  types  of  meat 

and  the  content 

-  any other information  the operator  or the organisation  wishes to  indicate and  agreed by 

the competent  authority  concerned. 

2.  Where  beef  and  beef  products  contain  meat  from  different  animals  is mixed,  the  label 
shall  only contain  information  in accordance  with paragraph  1 which  is common  to all 
such  meat. 

Article 6 

Member  States  shall  take  all  the  necessary  administrative  and  control  measures  to  ensure 
compliance with the provisions of this Regulation. These measures shall be without  prejudice 
to any controls which the Commission shall be authorized to carry out by analogy with Article 
9  of  Regulation  (EC, Euratom) No. 2988/95. 

Article  7 

Where it is shown that an operator or organisation has failed  to comply with the  specification 
referred  to  in Article  3(1), the  Member  State  may  withdraw  its approval  under  Article  3(3) 
or impose supplementary conditions to be respected in the case of maintenance of its approval. 

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Article 8 

The Commission shall adopt detailed rules for the application of this Regulation in accordance 
with  the  procedure  laid  down  in  Article  27 of  Regulation  (EEC)  No.  805/68.  The  detailed 
rules  may  cover,  in  particular,  the  information  which  may  be  contained  on  labels  under 
Article  5. 

Article 9 

The  Regulation  shall  enter  into » force  on  the  day  following  that  of  its  publication  in  the 
Official  Journal  of  the  European  Communities. 

It shall  be  applicable  as from  1 January  1997. 

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

Done at  Brussels, 

For the  Council 

The  President 

4% 

ISSN 0254-1475 

COM(96) 460  final 

DOCUMENTS 

EN 

03  10 

Catalogue number  : CB-CO-96-471-EN-C 

ISBN 92-78-09058-1 

Office for Official Publications of the European Communities 

L-2985 Luxembourg 

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