Amended proposal for a European Parliament and Council Regulation (EC) establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products
Date: 1997-03-07
Institutions: European Commission
Subjects: beef, cattle, consumer protection, labelling, veterinary inspection

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  07.03.1997 
COM(97)  103 final 

96/0228 (COD) 
96/0229 (COD) 

Amended proposal  for a 

fqjROPEAN  PARLIAMENT AND COUNCIL REGULATION (EC) 

e s t a b l i s h i ng  a  system  for  the 

i d e n t i f i c a t i on  an 

r e g i s t r a t i on  of  bovine  animals 
and 
regarding the labelling of beef and beef products 

(presented  by  the  Commission  pursuant to  Article  189 a  (2) 
of  the  EC-Treaty) 

EXPLANATORY MEMORANDUM 

On  2 October  1996,  the  Commission  sent  two  proposals  to  the 
Council  (COM(96) 460 final),  one  on  the  identification  and 
registration of bovine animals and the other on the labelling of 
beef and beef products 

Parliament  issued  its opinions on the two proposals during  the 
week commencing 17 February 1997. It asked in particular that the 
proposals  be  based  on  Article 100a  of  the  EC  Treaty.  The 
Commission  accepted  that  request  and  must  therefore  send  an 
amended proposal to the Council, in accordance with Article  189a 
of the Treaty. 

Given the complexity of the two proposals, it would be useful to 
amalgamate the two texts so that a single amended proposal, based 
throughout  on  Article  100a  of  the  Treaty,  can  be  sent  to  the 
Council. 

Amended proposal  for a 

EUROPEAN  PARLIAMENT  AND COUNCIL  REGULATION (EC) 

e s t a b l i s h i ng  a  system  f or  the 

i d e n t i f i c a t i on  an 

r e g i s t r a t i on  of  b o v i ne  animals 
and 
regarding  the  labelling  of beef  and beef  products 

THE  EUROPEAN  PARLIAMENT  AND  THE  COUNCIL  OF  THE  EUROPEAN 
UNION, 

Having  regard  to  the  Treaty  establishing  the  European 
Community,  and  in particular Article  100A thereof, 

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

Having  regard  to  the  opinion  of Economic  and  Social  Committee 
(2), 

Acting  in  accordance  with  the  procedure  referred  to  in 
Article  189b  of  the  Treaty, 

Whereas  recent  events  in  the  beef  sector  have  heightened 
public  concerns  about  health  issues  in  this  sector; 
whereas  these  concerns  might  lead  to  unilateral  actions 
giving  rise  to  problems  related  to  the  functioning  of  the 
single  market;  whereas  in order  to  avoid  such  problems  and 
to  restore  consumer  confidence  in beef  and  beef  products  it 
is  essential,  on  the  one  hand,  to  establish  a  more 
efficient  system  on  the  identification  and  registration  of 
bovine  animals  and  to  set  up,  on  the  other  hand,  a  specific 
Community  labelling  system  in  the  beef  sector  based  on 
objective  criteria; 

(1) OJ No  C 
(2) OJ No  C 

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  (3),  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 within the territory of each Member State; 

countries 

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 
89/662/EEC, 
amending 
third 
90/425/EEC,  90/675/EEC  (4),  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; 

Directives 

and 

field 

Whereas  the  management  of  certain  Community  aid  schemes  in 
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; 

agriculture 

requires 

the 

of 

3)  OJ  No  L  224,  18.  8.  1990,  p.  29.  Directive  as  last 
92/118/EEC. (  OJ  No  L  62,  15. 

amended by Directive 
3. 1992, p. 49). 

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

Whereas  it  is  necessary  to  ensure  the  rapid  and  efficient 
exchange  of  information  between  member  States  for  the 
whereas  Community 
correct  application  of  this  Directive; 
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  (5)  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 (6); 

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  (7);  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  acceptability  of  an  improved  identification 
system  to  be  introduced  it  is  essential  not  to  impose 
excessive  demands  on  the  producer  in  terms  of  bureaucracy  ; 
whereas,  similarly,  care  must  be  taken  that  the  cost  per 
animals  remains  small. 

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; 

(5)  OJ L No  144, 2. 6.  1981, p. 1. 

Amended by Regulation  ( EEC) No  945/87  ( OJ No L 90, 

2.  4. 1987, p. 3. ). 

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

Whereas  steps  must  be  taken  to  ensure  that  the  technical 
conditions  exist  to  guarantee  perfect  communication  by  the 
producer  with  the  data base  and  a comprehensive  use  of data 
bases  ;  whereas there must also be guarantees that when data 
are notified  to  the data base  the probability  of  error  does 
not  exceed  a  certain  level  ;  whereas  the  introduction  of 
date bases is meaningful under these conditions ; -

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; 

Whereas  the  improved  system must  not  affect  specific 
requirements  contained  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  (8), or  any  relevant  application  rules 
established  in accordance  with  Directive  91/496/EEC  ; 

Whereas  it  is  necessary  to  amend  Regulation  (ESC)  no 
3508/92  establishing  an  integrated  administration  and 
control  system  for certain  Community  aid  schemes  (9) ; 

Whereas  in  the  context  of  the  labelling  system  set  up  by 
this  Regulation  beef  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  organisation 
of  the market  in beef  and veal  (10) ; 

Whereas  such  a  labelling  system  transitionally  should  be 
facultative  to  operators  and  organisations  marketing  beef  in 
the  sense  that  operators  and  organisations  wishing  to  label 
their  beef  shall  do  so  in  accordance  with  this  regulation ; 
at  a  later  stage,  the  system  should  become  compulsory  , 
whereas  in  the  meantime  Member  States  should  have  the 
opportunity  to  have  the  option  to  make  the  system  obligatory 
under certain circumstances ; 

Whereas  the  provisions  of  this  regulation  should  not 
undermine  existing  Community  legislation  in  the  fields  of 
labelling 
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 ; 

foodstuffs, 

protection 

control 

and 

of 

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

(8)  OJ No L  59,  2.3.1989,  p. 33. 
(9)  OJ No L 355,  5.12.1992, p. 1. 
(10) OJ No L 148, 28.6.1968, p. 24. 

Whereas  in order  to properly  identify  the person  responsible 
for  the  information  indicated  on  the  label,  operators  and 
organisations  shall  only  be  entitled  to  label  beef  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 organisations importing beef from third 
countries  into  the  Community  may  also  wish  to  label  their 
products  according  to  this  regulation ;  whereas  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  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  interests(11);  whereas  the 
competent  authorities  of  the  Member  States  shall  be 
authorized to withdraw their approval of any specification in 
the event of irregularities ; 

.11) OJ NO L 312,  23.12.1995, p. 1. 

HAVE  ADOPTED  THIS  REGULATION 

T I T LE 

I: 

I D E N T I F I C A T I ON  AND  REGISTRATION  OF  BOVINE  ANIMALS 

Article  1 

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  swine1^,  in  accordance  with  the  provisions 
of this Title. 

2.  The  provisions  of  this  Title  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,  insofar  as  they  relate  specifically  to  bovine 
animals. 

For the purpose of this Title: 

Article 2 

-  holding  shall mean  any establishment,  construction  or any 
place  in  which  animals  covered  by  this  Title  are  held, 
kept  or  handled,  situated  within  the  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 
implementing  this  Title  or  for  implementing  Regulation 
(EEC) No 3508/92; 

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 
provided  under  this  Title.  They  shall  take  the  measures 
necessary  to  ensure  appropriate  accessibility  to  this  data 
for  all  parties  concerned,  in  particular  to  consumer 
organizations  having  a  particular  interest  recognized  by 
the  Member  State,  as  well  as  the  protection  of  its 
confidentiality. 

12. 

OJ No 121, 29.7.1964, p. 1977. 

Article 4 

1.  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. 

2.  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. 

3.  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  5  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. 

10 

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 
31.12.1999 at the latest. 

8.  Not  later  than  31 December  2000,  the  Commission  shall 
decide,  in  accordance  with  the  procedure  referred  to 
in  Article  9,  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 
database, which shall record at least: 

For each animal: 

1. 

the identification code, 

2.  the date of birth, 

3.  the sex, 

4.  the breed, 

5.  the identification code of its mother, 

6.  the holding number of birth, 

7.  identification  numbers  of  all  holdings  where  the 

animal has been kept, 

8.  dates of movements, 

9.  date of death or slaughter. 

11 

II.  For each holding: 

1. 

the identification number consisting of a code not 
exceeding 12 characters, 

2. 

the name and address of the keeper. 

III. The  database  shall  have  the  following  information 

available, at any time: 

1. 

2. 

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  database  until 
three consecutive  years have elapsed  after  the death  of 
the animal. 

The database  shall be  fully operational  and  contain  all 
relevant data on 31.12.1999 at the latest. 

Article 6 

1.  The competent  authority  shall issue a passport  for each 
animal  to  which  an  eartag  has  been  allocated  within 
seven days  following  the notification of its birth, or, 
in  the  case  of  animals  imported  from  third  countries, 
of the notification  of  its 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  three  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. 

12 

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, 

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 
three working days of the event, occurring; 

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

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 three years. 

13 

Article 8 

Member  States  shall  designate  the  competent  authority 
responsible  for  ensuring  compliance  with  this  Title.  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  Title  in  accordance  with  the  procedure 
laid  down  in  Article  13  of  Regulation  (EEC)  No  729/70. 
These detailed rules shall cover in particular: 

I.  requirements for eartags, 

II.  requirements  for the passport, 

III. requirements  for the register, 

IV.  minimum level of controls to be carried out, 

V. 

application of penalties, 

VI.  transitional provisions  for the start-up period  of the 

system. 

Article 10 

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

"and Regulation  (EC) No  ..." 

14 

Title II : Labelling of beef and beef products 

Article 11 

1.  A  compulsory  beef  labelling  system  is put  into place  in 

the European Community. 

2.  Any  label  put  on  beef  shall  contain  the  information 

provided for in each of the following indents : 

- region, third country or holding of birth; 

-  region,  third  country or holding  where part  or  all  of 
the  fattening  took place; the partial  fattening  having 
to be specified; 

- region, third country or slaughterhouse where slaughter 

took place; 

- identification number and the sex of the animal; 

- method of fattening or other information in relation to 

feeding; 

information  on  the  slaughtering,  like  the  age  at 
slaughter  and  the  date  of  slaughter  or  the  period 
during which the beef was matured. 

In  any  event,  the  identification  of  the  slaughterhouse 
and the date of slaughter must be indicated. In addition, 
every label must  contain a reference number ensuring  the 
link provided  for in Article  15(2), second sentence. This 
number  may  be  the  identification  number  of  the  animal 
concerned. 

3.  The compulsory  beef  labelling  system  shall be  obligatory 
in all Member States after 31 December 1999 onwards. 

Member  States  shall  transmit  to the Commission, by  1 May 
1999,  reports  on  the  implementation  of  the  labelling 
system  for  beef.  The  Commission  shall  transmit  to  the 
European  Parliament  and  the  Council  a  report  on  the 
situation of the implementation of beef labelling systems 
in the different Member States. 

15 

5.  Before  31  December  1999,  the  Commission  shall  adopt 
detailed  rules  for  the  application  of  a  compulsory  beef 
labelling system for the whole of the Community  from this 
date,  in  accordance  with  the  procedure  referred  to  in 
Article  27  of  Regulation  (CE)  No  805/68.  These  rules 
shall  in particular  cover  the list of products  concerned 
by  the  obligatory  labelling  as  well  as  the  conditions 
under which operators or organisations may  decide  to put 
other information on labels. 

6.  In  accordance  with  the  procedure  of  paragraph  5,  the 
Commission shall adopt, before 31 December  1999, detailed 
rules for the application of obligatory labelling of beef 
imported  from  third  countries,  in  accordance  with  the 
international obligations of the Community. 

Article 12 

Until  31  December  1999,  Member  States,  where  a 
sufficiently  developed  identification  and  registration 
system exists for bovine animals, may impose a compulsory 
labelling system for beef  from animals born, fattened and 
slaughtered  on  their  territory.  This  obligation  must  at 
least  relate  to  the  information  provided  for  in  each  of 
the  first  three  indents  of Article  11(2),  as well  as in 
the second subparagraph. 

2.  A  compulsory  system,  as provided  in paragraph  1, may not 
lead  to  any  disruption  of  trade  between  the  Member 
States. 

3.  The  implementation  arrangements  applicable  in  the Member 
States, intending to apply the provisions of paragraph 1, 
shall require prior approval from the Commission. 

16 

Article 13 

1.  Articles 13-18 are applicable until 31 December 1999. 

If  an  operator  or  an  organisation,  as  defined  in 
Article 14, wishes  to  label  beef  in  such  a  way  as  to 
provide  information  concerning  the  origin,  certain 
characteristics  or production  conditions  of  the  labelled 
meat or of the animal from which it derives, at the point 
of sale, it shall do so in accordance with this Title. 

However, the present Title shall not concern : 

compulsory  indications  as  referred  to  in  Article  3 
paragraph  1 of Council Directive 79/112/EEC with exception 
of point 7; 

the  indications  that  are  protected  in  accordance  with 
Regulations  (EEC) No. 2081/92 or No. 2082/92; 

the  indications  as  referred  to  in  Regulations  (EEC) No. 
1208/81 and No. 1186/90; 

indications  related  to  the  health  mark  as  foreseen  in 
Directive  64/433/EEC  and  other  similar  indications 
provided for in the relevant veterinary legislation; 

labels  containing  only  information  which  can  be  easily 
checked at the point of sale, such as, in particular, the 
indications of product weight or the name of the cut. 

3. Notwithstanding  paragraph  1, the  following  shall  continue 

to apply : 

17 

Council  Regulation No. 26 of  4 April  1962  applying  certain 
rules  of  competition  to  production  of  and  trade  in 
agricultural products  (1) 

Council  Directive  64/433/EEC  of  26  June  1964  on  health 
condition  for  the  production  and  marketing  of  fresh  meat 
(2) 

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  consumer  (3) 

Council  Directive  93/99/EEC  of  29  October  1992  on 
additional  measures  concerning  the  official  control  of 
foodstuffs  (4) 

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  (5) 

Council 
classification of 28 April  1981  (6) 

(EEC)  No. 

Regulation 

1208/81 

on 

carcase 

(1) OJ No. 30, 20.4.1962, p.  993 

(2) OJ No 121, 29.7.1964, p. 2012 

(3) OJ No L 33, 8.2.1979,  p. 1 

(4) OJ No L 290, 24.1.1993, p. 14 

(5) OJ No L 368, 31.12.1994, p.  10 

(6) OJ No L 123, 7.5.1981, p. 3 

18 

Council 
classification of 7 May  1990  (7) 

Regulation 

(EEC)  No. 

1186/90 

on 

carcase 

Council  Regulation  (EEC)  No.  2081/92  of  14  July  1992  on 
protection  of  geographicial  indications  and  designations 
of origin  (8) 

Council  Regulation  (EEC)  No.  2082/92  of  14  July  1992  on 
certificates  of  specific  character  for  agricultural 
products  and  foodstuffs  (9) 

Council  Regulation  (EEC)  No.  2067/92  of  30  June  1992  on 
the  measures  to  promote  and  market  quality  beef  and  veal 
(10) 

Article  14 

For the purposes of this Title 

"beef"  means  the products  of  the  codes  0201, 0202,  0206  10 

95 and 0206 29 91 

(7) OJ No L 119, 11.5.1990, p. 32 

(8) 0J No L 208, 24.7.1992, p. 1 

(5J  OJ No L 208, 24.7.1992? p. 9 

(10)OJ No L 215, 30.7.1992, p. 57 

19 

"labelling" 

means  the  attachment  of  a  label  to  an 
individual piece or pieces of meat or to their packaging 
material,  including  the  supply  of  information  to  the 
consumer at the point of sale 

"organisation" 
different parts of the beef trade. 

means a group of operators from the same or 

Article 15 

l.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  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 

- the control system which will be applied at all stages of 
production  and  sale,  including  controls  to  be  carried 
out by  an  independent  body  recognized  by  the  competent 
authority,  and  to  be  nominated  by  the  operator  or  the 
organisation.  These  bodies  shall  comply  with  the 
criteria  set out  in European norm No. EN/4501 lnot later 
than 1.7.1998. 

- in the case of  an organisation, the measures which would 
be  taken  in  relation  to  any  member  which  failed  to 
comply with the specification. 

20 

Member  States  may  decide  that  the  controls  of  the 
independent  body  can  be  replaced  by  controls  of  a 
competent authority. 

The  competent  authority  shall  have  at  its  disposal  the 
qualified  staff  and  resources  necessary  to  carry  out  the 
necessary controls, and shall submit to the Commission its 
working plan as well as an activity report. 

The costs of controls provided  for under  this Title shall 
be  borne  by  the  operator  or  organisation  using  the 
labelling system. 

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.  A  competent  authority 
shall  refuse  any  specification  which  does  not  ensure  a 
link between,  on  the  one hand,  the  identification  of  the 
carcase,  quarter, pieces  of meat  and,  on  the  other hand, 
the  individual  animal,  or  where  this  is  sufficient  to 
enable the accuracy of the information on the label to be 
checked, the animals concerned. 

Specifications  which  provide  for  labels  containing 
misleading  or  insufficiently  clear  information  shall  also 
be refused. 

Where the production and/or  sale of beef  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. 

21 

If,  within  a  period  to  be  fixed  in  conformity  with 
Article  19  counting  from  the  date  following, the  date  of 
submission  of  the  application,  an  approval  has  not  been 
refused  or  given,  or  supplementary  information  has  not 
been  asked  for,  the  specification  shall  be  considered  to 
be approved by the competent authority. 

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,  provided  that  the  label  contains  its name or 
logo. 

5. By  way  of  derogation  to  the  preceding  paragraphs,  the 
Commission,  following  the  procedure  referred  to  in 
Article 19, may  provide  for  an  accelerated  or  simplified 
procedure  for  approval  in  specific  cases,  in  particular 
for beef  in small  retail packages or primary beef  cuts in 
individual packages,  labelled  in a Member  State, according 
to  an  approved  specification  and  introduced  into  the 
territory of another Member  State, where no information is 
added to the initial label. 

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

Article 16 

1.Where,  in  full  or  in  part,  the  production  of  beef  takes 
place  in  a  third  country,  operators  and  organisations 
shall  only  be  entitled  to  label  beef  according  to  this 
Title,  if,  in  addition  to  the  observance  of  the 
requirements  set  out  in  Article 15,  they  have  obtained 
approval  of  their  specifications  by  the  competent 
authority  designated  to  this  end  by  each  third  countries 

*v concerned. 

22 

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. 

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  are  not 
equivalent  to  the  standards  set  out  in  this  Title,  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 17 

l.A  label  shall  not  contain  any  information  relating  to  the 
animal from which the beef originate other than that which 
appears in the following list 

23 

- region, third country or holding of birth, 

- region,  third  country  or  holding  where  part  or  all  of 
the  fattening  took  place;  the  partial  fattening  having 
to be specified; 

- region, third  country  or  slaughterhouse  where  slaughter 

took place; 

- identification number and the sex of the animal; 

- method of fattening or other  information  in relation to 

feeding; 

- information  on  the  slaughtering,  like  the  age  at 
slaughter and the date of slaughter or the period during 
which the beef was matured; 

- any  other  information  the  operator  or  the  organisation 
wished to indicate and agreed by the competent authority 
concerned. 

2.Where beef from different animals is mixed, the label shall 
contain only information which is common to all such beef. 

3.Every  label  must  contain  a  reference  number  ensuring  the 
link provided  for in Article  15(2),  second  sentence. This 
number  may  be  the  identification  number  of  the  animal 
concerned. 

Article 18 

Without  prejudice  to  any  action  taken  by  the  organisation 
itself or the control body provided  for in Article  15, where 
it  is  shown  that  an  operator  or  organisation  has  failed  to 
comply  with  the  specification  referred  to  in Article  15(1), 
the Member  State may  impose  penalties  in  proportion  to  the 
gravity  of  the  breach,  or  withdraw  its  approval  under 
Article  15(2)  or  impose  supplementary  conditions  to  be 
respected in the case of maintenance of its approval. 

24 

Article 19 

The Commission shall adopt detailed rules for the application 
of this Title  and, where necessary,  transitional measures  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  17. 
They  may  also  extend  the  list  of 
indications  or  labels  referred  to  in  Article  13(1), 
2nd subparagraph. 

Title III  : Common provisions 

Article 20 

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 may carry out by analogy 
with Article 9 of Regulation  (EC, Euratom) No 2988/95. 

Any  penalties  imposed  by  the  Member  State  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. 

25 

Article 21 

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  the  first  day  of  the  fourth 
month following the date of entry into force. 

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

Done at Brussels, 

For the European Parliament 

the President 

For  the  Council 
The President 

26 

ISSN 0254-1475 

COM(97) 103 final 

DOCUMENTS 

EN 

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ISBN  92-78-16737-1 

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