Amended proposal for a Regulation of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97
Date: 2000-05-17
Institutions: European Commission
Subjects: beef, cattle, health control, labelling, meat product

31.10.2000

EN

Official Journal of the European Communities

C 311 E/217

Amended proposal for a regulation of the European Parliament and of the Council establishing a
system for the identification and registration of bovine animals and regarding the labelling of beef
and beef products and repealing Council Regulation (EC) No 820/97 (1)

(2000/C 311 E/15)

(Text with EEA relevance)

COM(2000) 301 final (cid:151) 1999/0204(COD)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 18 May 2000)

(1) OJ C 376 E, 28.12.1999, p. 42.

INITIAL PROPOSAL

AMENDED PROPOSAL

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF
THE EUROPEAN UNION,

Unchanged

Having regard to the Treaty establishing the European
Community, and in particular Article 152 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty,

Whereas:

(1) Article 19 of Council Regulation (EC) No 820/97 estab-
lishing a system for the identification and registration of
bovine animals and regarding the labelling of beef and
beef products (1),
lays down that a compulsory beef
labelling system shall be introduced, which shall be obli-
from 1 January 2001
gatory in all Member States,
onwards. On the basis of a Commission proposal, the
same Article also states that the general rules for that
compulsory system shall be decided before that date.

(1) Article 19 of Council Regulation (EC) No 820/97 of 21
April 1997 establishing a system for the identification and
registration of bovine animals and regarding the labelling
of beef and beef products (1), lays down that a compulsory
beef labelling system shall be introduced, which shall be
obligatory in all Member States, from 1 January 2000
onwards. On the basis of a Commission proposal, the
same Article also states that the general rules for that
compulsory system shall be decided before that date.

(2) Council Regulation (EC) No 2772/1999 of 21 December
1999 providing for the general rules for a compulsory
beef labelling system (2) specifies that such general rules
are to be applicable only on a provisional basis, for a
i.e. from 1 January
maximum period of eight months,
to 31 August 2000.

___________
(1) OJ L 117, 7.5.1997, p. 1. Regulation as amended by Regulation (EC)

No [. . .].

___________
(1) OJ L 117, 7.5.1997, p. 1.
(2) OJ L 334, 28.12.1999, p. 1.

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INITIAL PROPOSAL

AMENDED PROPOSAL

(2) It is appropriate to include those general rules into Regu-
lation (EC) No 820/97. For reasons of clarity that Regu-
lation should be repealed and replaced by a new Regu-
lation.

(3) For reasons of clarity Regulation (EC) No 820/97 should

be repealed and replaced by a new Regulation.

the

conditions

the improvement
for

(3) As a consequence of the instability in the market in beef
and beef products caused by the bovine spongiform
in the trans-
encephalopathy crisis,
the production and
parency of
marketing of
the products concerned, particularly as
regards traceability, has exerted a positive influence on
consumption of beef. To maintain and strengthen this
consumer confidence in beef, it is necessary to develop
the framework in which the information is made available
to consumers on the label.

the

conditions

the improvement
for

(4) As a consequence of the instability in the market in beef
and beef products caused by the bovine spongiform
encephalopathy crisis,
in the trans-
the production and
parency of
marketing of
the products concerned, particularly as
regards traceability, has exerted a positive influence on
consumption of beef. To maintain and strengthen this
consumer confidence in beef and to prevent consumers
is necessary to develop the
from being misled,
framework in which the information is made available
to consumers on the label.

it

(4) To this end it is essential to establish, on the one hand, an
efficient system for the identification and registration of
bovine animals at the production stage and, on the other
hand, a specific Community labelling system in the beef
sector based on objective criteria at the marketing stage.

(5) To this end it is essential to establish, on the one hand, an
efficient system for the identification and registration of
bovine animals at the production stage and, on the other
hand, a specific Community labelling system in the beef
sector based on objective criteria at the marketing stage.

(5) By means of

the guarantees provided for

such an
improvement, certain public interest requirements will
also be attained,
in particular the protection of human
and animal health. Therefore, the appropriate legal basis
for this Regulation is Article 152 of the Treaty.

(6) By means of

the guarantees provided for

such an
improvement, certain public interest requirements will
also be attained,
in particular the protection of human
and animal health. Therefore, the appropriate legal basis
for this Regulation is Article 152 of the Treaty.

(6) As a result, consumer confidence in the quality of beef

(7) As a result, consumer confidence in the quality of beef

and beef products will be encouraged.

and beef products will be encouraged.

(7) Article 3(1)(c) of Council Directive 90/425/EEC of 26 June
1990 concerning veterinary and zootechnical checks
in intra-Community trade in certain live
applicable
animals and products with a view to the completion of
the internal market (1)
intra-
states
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.

that animals

for

(8) 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 (1)
intra-
states
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.

that animals

for

___________
(1) OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive

___________
(1) OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive

92/118/EEC (OJ L 62, 15.3.1993, p. 49.)

92/118/EEC (OJ L 62, 15.3.1993, p. 49.)

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INITIAL PROPOSAL

AMENDED PROPOSAL

(8) Article 14 of Council Directive 91/496/EEC of 15 July
1991 laying down the principles governing the organi-
sation of veterinary checks on animals entering the
Community from third countries and amending Directives
89/662/EEC, 90/425/EEC and 90/675/EEC (1) 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.

(9) Article 14 of Council Directive 91/496/EEC of 15 July
1991 laying down the principles governing the organi-
sation of veterinary checks on animals entering the
Community from third countries and amending Directives
89/662/EEC, 90/425/EEC and 90/675/EEC (1) 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.

(9) The management of certain Community aid schemes in
identifi-
the field of agriculture requires the individual
cation of certain types of
livestock. The identification
and registration systems must, therefore, be suitable for
the application and control of such measures.

(10) The management of certain Community aid schemes in
identifi-
the field of agriculture requires the individual
cation of certain types of
livestock. The identification
and registration systems must, therefore, be suitable for
the application and control of such measures.

(10) It is necessary to ensure the rapid and efficient exchange
information between Member States for the correct
of
application of
this Regulation. 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 and
the cooperation between the latter and the Commission to
ensure the correct application of the law on customs or
agriculture matters (2)
Council Directive
and
89/608/EEC of 21 November 1989 on mutual assistance
the Member
between the administrative authorities of
States and cooperation between the latter and the
Commission to ensure the correct application of legis-
lation on veterinary and zootechnical matters (3).

by

(11) It is necessary to ensure the rapid and efficient exchange
information between Member States for the correct
of
application of
this Regulation. 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 and
the cooperation between the latter and the Commission to
ensure the correct application of the law on customs or
agriculture matters (2)
Council Directive
and
89/608/EEC of 21 November 1989 on mutual assistance
the Member
between the administrative authorities of
States and cooperation between the latter and the
Commission to ensure the correct application of legis-
lation on veterinary and zootechnical matters (3).

by

(11) The current rules concerning the identification and the
registration of bovine animals have been laid down in
Council Directive 92/102/EEC of 27 November 1992 on
(4) and
the identification and registration of animals
Council Regulation (EC) No 820/97. Experience has
shown that
that Directive for
bovine animals has not been entirely satisfactory and
needs further improvement. It is therefore necessary to
adopt a specific regulation for bovine animals in order
to reinforce the provisions of the Directive.

the implementation of

(12) The current rules concerning the identification and the
registration of bovine animals have been laid down in
Council Directive 92/102/EEC of 27 November 1992 on
the identification and registration of animals (4) and
Council Regulation (EC) No 820/97. Experience has
shown that
that Directive for
bovine animals has not been entirely satisfactory and
needs further improvement. It is therefore necessary to
adopt a specific regulation for bovine animals in order
to reinforce the provisions of the Directive.

the implementation of

(12) For the introduction of an improved identification system
it is essential not to impose excessive
to be accepted,
demands on the producer
in terms of administrative
formalities. Feasible time limits for its implementation
must be laid down.

(13) For the introduction of an improved identification system
it is essential not to impose excessive
to be accepted,
demands on the producer
in terms of administrative
formalities. Feasible time limits for its implementation
must be laid down.

___________
(1) OJ L 268, 24.9.1991, p. 56; Directive as last amended by Directive

___________
(1) OJ L 268, 24.9.1991, p. 56; Directive as last amended by Directive

96/43/EC (OJ L 162, 1.7.1996, p. 1).

96/43/EC (OJ 162, 1.7.1996, p. 1).

(2) OJ L 144, 2.6.1981, p. 1. Regulation as last amended by Regulation

(2) OJ L 144, 2.6.1981, p. 1. Regulation as last amended by Regulation

(EC) No 515/97 (OJ L 82, 22.3.1997, p. 1).

(EC) No 515/97 (OJ L 82, 22.3.1997, p. 1).

(3) OJ L 351, 2.12.1989, p. 34.
(4) OJ L 355, 5.12.1992, p. 32. Directive as last amended by the Act of

(3) OJ L 351, 2.12.1989, p. 34.
(4) OJ L 355, 5.12.1992, p. 32. Directive as last amended by the Act of

Accession of Austria, Finland and Sweden.

Accession of Austria, Finland and Sweden.

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INITIAL PROPOSAL

AMENDED PROPOSAL

(13) For the purpose of rapid and accurate tracing of animals
for reasons relating to the control of Community aid
schemes, each Member State must create a computerised
data base which will record the identity of the animal, all
holdings on its territory and the movements of
the
animals,
in accordance with the provisions of Council
Directive 97/12/EC of 17 March 1997 amending and
updating Directive 64/432/EEC on health problems
affecting intra-Community trade in bovine animals and
swine (1), which
requirements
concerning this data base.

clarifies

health

the

(14) For the purpose of rapid and accurate tracing of animals
for reasons relating to the control of Community aid
schemes, each Member State must create a computerised
data base which will record the identity of the animal, all
holdings on its territory and the movements of
the
animals,
in accordance with the provisions of Council
Directive 97/12/EC of 17 March 1997 amending and
updating Directive 64/432/EEC on health problems
affecting intra-Community trade in bovine animals and
swine (1), which
requirements
concerning this data base.

clarifies

health

the

(15) It

is important

the
necessary steps in order for the national computerised
database to be fully operational as quickly as possible.

that each Member State takes all

taken to ensure
technical
(14) Steps must be
conditions exist
to guarantee the best communication
possible by the producer with the data base and a
comprehensive use of data bases.

that

the

taken to ensure
technical
(16) Steps must be
conditions exist
to guarantee the best communication
possible by the producer with the data base and a
comprehensive use of data bases.

that

the

(15) In order to permit movements of bovine animals to be
traced, animals must be identified by an eartag applied in
each ear and in principle accompanied by a passport
throughout any movement. The characteristics of
the
the passport must be determined on a
eartag and of
Community basis. In principle a passport must be issued
for each animal to which an eartag has been allocated.

(17) In order to permit movements of bovine animals to be
traced, animals must be identified by an eartag applied in
each ear and in principle accompanied by a passport
throughout any movement. The characteristics of
the
the passport must be determined on a
eartag and of
Community basis. In principle a passport must be issued
for each animal to which an eartag has been allocated.

(16) Animals

imported from third countries pursuant

to
Directive 91/496/EEC must be subject to the same identi-
fication requirements.

(18) Animals

imported from third countries pursuant

to
Directive 91/496/EEC must be subject to the same identi-
fication requirements.

(17) Every animal must keep its eartag throughout its life.

(19) Every animal must keep its eartag throughout its life.

(18) The Commission is examining on the basis of work
performed by the Joint Research Centre the feasibility of
using electronic means for the identification of animals.

(20) The Commission is examining on the basis of work
performed by the Joint Research Centre the feasibility of
using electronic means for the identification of animals.

(19) Keepers of animals, with the exception of transporters,
must maintain an up-to-date register of the animals on
their holdings. The characteristics of the register must be
determined on a Community basis. The competent
authority must have access to these registers on request.

(21) Keepers of animals, with the exception of transporters,
must maintain an up-to-date register of the animals on
their holdings. The characteristics of the register must be
competent
determined on a Community basis. The
authority must have access to these registers on request.

(20) Member States may spread the costs arising from the
application of these measures over the entire beef sector.

(22) Member States may spread the costs arising from the
application of these measures over the entire beef sector.

___________
(1) OJ L 109, 25.4.1997, p. 1.

___________
(1) OJ L 109, 25.4.1997, p. 1.

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INITIAL PROPOSAL

AMENDED PROPOSAL

(21) The

authority

the
authorities
application of each Title in this Regulation should be
designated.

responsible

for

or

(23) The

authority

the
authorities
application of each Title in this Regulation should be
designated.

responsible

for

or

(22) 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 (EC) No
1254/1999 of 17 May 1999 on the common organisation
of the market in beef and veal (1).

(24) 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 (EC) No
1254/1999 of 17 May 1999 on the common organisation
of the market in beef and veal (1).

(23) A compulsory beef labelling system shall be introduced
which is obligatory in all Member States. Under this
compulsory
organisations
operators
system,
information
marketing beef shall
about certain characteristics of the beef and the point of
slaughter of the animal or animals from which that beef
was derived.

indicate on the label

and

(25) A compulsory beef labelling system shall be introduced
which is obligatory in all Member States. Under this
compulsory
organisations
operators
system,
information
marketing beef shall
about certain characteristics of the beef and the point of
slaughter of the animal or animals from which that beef
was derived.

indicate on the label

and

(24) The compulsory beef labelling system shall be reinforced
from 1 January 2003. Under this compulsory system,
in
operators and organisations marketing beef
addition,
information concerning
in particular where the animal or animals from
origin,
which the beef was derived were born,
reared and
slaughtered.

indicate on the label

shall,

(26) The compulsory beef labelling system shall be reinforced
from 1 January 2003. Under this compulsory system,
in
operators and organisations marketing beef
addition,
information concerning
in particular where the animal or animals from
origin,
which the beef was derived were born,
reared and
slaughtered.

indicate on the label

shall,

(25) The date of 1 January 2003 is the earliest date by which it
is feasible to introduce the compulsory labelling of origin.
introducing compulsory
The principal reason for not
labelling of origin before 1 January 2003 is that
full
information on movements made by bovine animals in
the Community is only required for animals born after
1 January 1998.

(27) The date of 1 January 2003 is the earliest date by which it
is feasible to introduce the compulsory labelling of origin.
introducing compulsory
The principal reason for not
labelling of origin before 1 January 2003 is that
full
information on movements made by bovine animals in
the Community is only required for animals born after
1 January 1998.

(26) In terms of

interest

the public

requirement,

the
compulsory beef
labelling system shall also apply to
beef imported into the Community. However, provision
must be made for the fact that not all the information
required for the indication of origin on the label may be
available to a third country operator or organisation. It is
therefore necessary to state the minimum information that
shall be indicated on the label by third countries.

(28) In terms of

interest

the public

requirement,

the
compulsory beef
labelling system shall also apply to
beef imported into the Community. However, provision
must be made for the fact that not all the information
required for the indication of origin on the label may be
available to a third country operator or organisation. It is
therefore necessary to state the minimum information that
shall be indicated on the label by third countries.

(27) For operators or organisations producing and marketing
minced beef, beef trimmings or cut beef and operators or
organisations exporting beef from third countries to the
Community, who may not be in a position to provide all
the information required under
the compulsory beef
labelling system, exceptions ensuring a certain minimum
number of indications must be provided.

(29) For operators or organisations producing and marketing
minced beef, beef trimmings or cut beef and operators or
organisations exporting beef from third countries to the
Community, who may not be in a position to provide all
the information required under
the compulsory beef
labelling system, exceptions ensuring a certain minimum
number of indications must be provided.

___________
(1) OJ L 160, 26.6.1999, p. 21.

___________
(1) OJ L 160, 26.6.1999, p. 21.

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INITIAL PROPOSAL

AMENDED PROPOSAL

(28) The objective of labelling is to give the maximum trans-
parency in the marketing of beef. It is therefore appro-
priate that those operators and organisations that choose
to market their beef under a label which ensures tracea-
bility to the individual animal, should be permitted to
label beef with a specific logo.

(30) The objective of labelling is to give the maximum trans-
parency in the marketing of beef. It is therefore appro-
priate that those operators and organisations that choose
to market their beef under a label which ensures tracea-
bility to the individual animal, should be permitted to
label beef with a specific logo.

(31) The provisions of this Regulation should not undermine
the provisions of Council Regulation (EC) No 2081/92 (1)
on the protection of geographical indications and desig-
nations of origin.

(29) For all

beef

system,

labelling

indications other than those falling under the
a Community
compulsory
labelling is also required. The
framework for such beef
in the
diversity of descriptions of marketed beef
Community means that the establishment of a voluntary
labelling system is most appropriate. An efficient
beef
labelling system depends on the possibility of
tracing
back any labelled beef
to the animal or animals of
origin. The labelling arrangements of an operator or
organisation shall be valid only once a specification has
been submitted to the competent authority within a
certain delay.
In order to identify correctly the person
responsible for the information on the label, operators
and organisations shall be entitled to label beef only if
the label contains their name or their identifying logo.
In order to ensure that labelling specifications may be
recognised across
is necessary to
the Community,
provide for the mutual exchange of information between
Member States.

it

(32) For all

beef

system,

labelling

indications other than those falling under the
a Community
compulsory
labelling is also required. The
framework for such beef
in the
diversity of descriptions of marketed beef
Community means that the establishment of a voluntary
labelling system is most appropriate. An efficient
beef
labelling system depends on the possibility of
tracing
back any labelled beef
to the animal or animals of
origin. The labelling arrangements of an operator or
organisation shall be valid only once a specification has
been submitted to the competent authority within a
certain delay.
In order to identify correctly the person
responsible for the information on the label, operators
and organisations shall be entitled to label beef only if
the label contains their name or their identifying logo.
In order to ensure that labelling specifications may be
recognised across
is necessary to
the Community,
provide for the mutual exchange of information between
Member States.

it

(30) Operators and organisations importing beef from third
countries into the Community may also wish to label
their products according to the voluntary beef labelling
system. Provisions should thus be made for imported beef
to be included in that system. These provisions must
ensure that labelling arrangements relating to imported
beef are of equivalent reliability to those set up for
Community beef.

(33) Operators and organisations importing beef from third
countries into the Community may also wish to label
their products according to the voluntary beef labelling
system. Provisions should thus be made for imported beef
to be included in that system. These provisions must
ensure that labelling arrangements relating to imported
beef are of equivalent reliability to those set up for
Community beef.

(31) The change from the arrangements in Title II of Regu-
lation (EC) No 820/97 to those in this Regulation could
give rise to difficulties that are not dealt with in this
Regulation.
eventuality,
provision should be made for the Commission to adopt
the necessary transitional measures. The Commission
should also be authorised to solve specific practical
problems.

to deal with that

In order

(34) The change from the arrangements in Title II of Regu-
lation (EC) No 820/97 to those in this Regulation could
give rise to difficulties that are not dealt with in this
Regulation.
eventuality,
provision should be made for the Commission to adopt
the necessary transitional measures. The Commission
should also be authorised to solve specific practical
problems.

to deal with that

In order

___________
(1) OJ L 208, 24.7.1992, p.1.

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INITIAL PROPOSAL

AMENDED PROPOSAL

(32) With a view to guaranteeing the reliability of

it

the
arrangements provided for by this Regulation,
is
necessary to oblige the Member States to carry out
adequate and efficient control measures. These controls
shall be without prejudice to any controls
the
Commission may carry out by analogy with Article 9 of
Council Regulation (EC, Euratom) No 2988/95 of 18
the European
December 1995 on the protection of
Communities’ financial interests (1). The competent auth-
orities of
shall be authorised to
withdraw their approval of any specification in the
event of irregularities.

the Member States

that

(35) With a view to guaranteeing the reliability of

it

the
arrangements provided for by this Regulation,
is
necessary to oblige the Member States to carry out
adequate and efficient control measures. These controls
shall be without prejudice to any controls
the
Commission may carry out by analogy with Article 9 of
Council Regulation (EC, Euratom) No 2988/95 of 18
the European
December 1995 on the protection of
Communities’ financial interests (1). The competent auth-
orities of
shall be authorised to
withdraw their approval of any specification in the
event of irregularities.

the Member States

that

(33) Appropriate penalties should be laid down in the event of

(36) Appropriate penalties should be laid down in the event of

a breach of the provisions of this Regulation.

a breach of the provisions of this Regulation.

HAVE ADOPTED THIS REGULATION:

Unchanged

TITLE I

IDENTIFICATION AND REGISTRATION OF BOVINE ANIMALS

Article 1

1.
Each Member State shall establish a system for the identi-
fication and registration of bovine animals (hereinafter referred
to as (cid:145)animals(cid:146)), in accordance with this Title.

2.
This Title shall apply without prejudice to Community
rules for disease eradication or control purposes and without
prejudice to Directive 91/496/EEC and Regulation (EEC) No
3508/92. However, those provisions of Directive 92/102/EEC,
which relate specifically to bovine animals shall no longer
apply from the date on which those animals must be identified
in accordance with this Title.

Article 2

For the purposes of this Title:

(cid:151) (cid:145)animal(cid:146): shall mean a bovine animal within the meaning of

Article 2 of Directive 97/12/EC,

(cid:151) (cid:145)holding(cid:146): shall mean any establishment, construction or, in
the case of an open-air farm, any place situated within the
territory of
in which animals
the same Member State,
covered by this Regulation are held, kept or handled,

___________
(1) OJ L 312, 23.12.1995, p. 1. Regulation as last amended by Regu-

___________
(1) OJ L 312, 23.12.1995, p. 1. Regulation as last amended by Regu-

lation (EC) No 1036/1999 (OJ L 127, 21.5.1999, p. 4).

lation (EC) No 1036/1999 (OJ L 127, 21.5.1999, p. 4).

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INITIAL PROPOSAL

AMENDED PROPOSAL

(cid:151) (cid:145)keeper(cid:146): 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,

(cid:151) (cid:145)competent authority(cid:146): shall mean the central authority or
authorities in a Member State responsible for, or entrusted
with, carrying out veterinary checks and implementing this
Title or, in the case of the monitoring of premiums, the
authorities entrusted with implementing Regulation (EC) 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) computerised databases;

(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
Title. The Member States and the Commission shall take the
measures necessary to ensure access to this data for all parties
a
concerned,
particular interest which are recognised by the Member State,
provided that the data confidentiality and protection prescribed
by national law are ensured.

organisations

consumer

including

having

Article 4

All animals on a holding born after 1 January 1998 or
1.
intended for intra-Community trade after 1 January 1998 shall
be identified by an eartag approved by the competent
authority, applied to each ear. Both eartags shall bear the
same unique identification code, which makes it possible to
individually together with the holding
identify each animal
on which it was born. By way of derogation from the above
requirement, animals born before 1 January 1998 which are
intended for intra-Community trade after that date may be
identified in accordance with Directive 92/102/EEC until 1
further derogation from the
September 1998. By way of
above requirement, animals born before 1 January 1998
which are intended for intra-Community trade after that date
with a view to immediate slaughter may be identified in
accordance with Directive 92/102/EEC until 1 September
intended for cultural and sporting
1999. Bovine animals
events (with the exception of
fairs and exhibitions) may,
instead of by an eartag, be identified by an identification
system offering equivalent guarantees that has been recognised
by the Commission.

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2.
The eartag shall be applied within a period to be
determined by the Member State as from the birth of the
animal and in any case before the animal leaves the holding
on which it was born. That period may not be longer than 30
days up to and including 31 December 1999, and not longer
than 20 days thereafter.

However, at the request of a Member State and in accordance
with the procedure referred to in Article 10, the Commission
may determine the circumstances in which Member States may
extend the maximum period.

No animal born after 1 January 1998 may be moved from a
holding unless it is identified in accordance with this Article.

Any animal

3.
imported from a third country which has
passed the checks laid down in Directive 91/496/EEC and
which remains within Community territory shall be identified
on the holding of destination by an eartag complying with the
requirements of this Article, within a period to be determined
by the Member State of at most 20 days of undergoing the
aforesaid checks, and in any event before leaving the holding.

it

is not necessary to identify the animal

However,
the
holding of destination is a slaughterhouse situated in the
Member State where such checks are carried out and the
animal is slaughtered within 20 days of undergoing the checks.

if

The original identification established by the third country shall
be recorded in the computerised database provided for in
Article 5 or,
in the
registers provided for in Article 3, together with the identifi-
cation code allocated to it by the Member State of destination.

fully operational,

this is not yet

if

Any animal from another Member State shall retain its

4.
original eartag.

No eartag may be removed or replaced without

5.
permission of the competent authority.

the

6.
The eartags shall be allocated to the holding, distributed
and applied to the animals in a manner determined by the
competent authority.

Not later than 31 December 2001 the Parliament and
7.
Council, acting on the basis of a report from the Commission
accompanied by any proposals and in accordance with the
procedure provided for in Article 95 of
the Treaty, shall
decide on the possibility of introducing electronic identification
arrangements in the light of progress achieved in this field.

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INITIAL PROPOSAL

Article 5

The competent authority of the Member States shall set up a
computerised database in accordance with Articles 14 and 18
of Directive 97/12/EC.

The computerised databases shall become fully operational no
later than 31 December 1999, after which they shall store all
data required pursuant to the aforementioned Directive.

Article 6

1.
As from 1 January 1998, the competent authority shall,
for each animal which has to be identified in accordance with
Article 4, issue a passport within 14 days of the notification of
its birth, or,
in the case of animals imported from third
countries, within 14 days of the notification of its re-identifi-
cation by the Member State concerned in accordance with
Article 4(3). The competent authority may issue a passport
for animals from another Member State under
the same
conditions.
the passport accompanying the
animal on its arrival shall be surrendered to the competent
authority, which shall return it to the issuing Member State.

In such cases,

However, at the request of a Member State and in accordance
with the procedure referred to in Article 10, the Commission
may determine the circumstances under which the maximum
period may be extended.

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

By way of derogation from the

3.
paragraph 1 and from paragraph 2, Member States:

first

sentence of

(cid:151) which

a

computerised

database which

the
have
Commission deems
to be fully operational before 1
January 2000 in accordance with Article 5 may
determine that a passport is to be issued only for animals
intended for intra-Community trade and that those animals
shall be accompanied by their passports only when they are
moved from the territory of the Member State concerned to
the territory of another Member State, in which case the
the
passport
computerised database.

information

contain

based

shall

on

(cid:151) which

a

have

computerised

database which

the
Commission deems to be fully operational in accordance
with Article 5 may determine that a passport is to be issued
only for animals intended for intra-Community trade and
that those animals shall be accompanied by their passports
only when they are moved from the territory of
the
Member State concerned to the territory of another
Member State,
in which case the passport shall contain
information based on the computerised database.

In these Member States,
animal
surrendered to the competent authority on its arrival,

the passport accompanying an
imported from another Member State shall be

Unchanged

(cid:151) may until 1 January 2000 authorise the issue of collective
animal passports for herds moved within the Member State
concerned provided that such herds have the same origin
and destination and are accompanied by a veterinary
certificate.

In the case of the death of an animal, the passport shall
4.
be returned by the keeper to the competent authority within
seven days after the death of the animal. If the animal is sent to
the slaughterhouse, the operator of the slaughterhouse shall be
responsible for
to the competent
authority.

returning the passport

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AMENDED PROPOSAL

In the case of animals exported to third countries, the
5.
passport
to the
shall be surrendered by the last keeper
competent authority at the place where the animal is exported.

Article 7

1. With the exception of
animals shall:

transporters, each keeper of

(cid:151) keep an up-to-date register,

(cid:151) once the computerised database is fully operational, 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 15 days and, as
from 1 January 2000, within seven days of
the event
occurring. However, at the request of a Member State and
in accordance with the procedure referred to in Article 10,
the Commission may determine the circumstances in which
Member States may extend the maximum period.

(cid:151) once the computerised database is fully operational, 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 seven days of
the event occurring. However, at the request of a Member
State and in accordance with the procedure referred to in
Article 10, the Commission may determine the circum-
stances
the
maximum period and lay down specific rules applicable
to the movements of bovines to pasture land, during the
summer, in different locations in mountain areas.

in which Member

States may

extend

2. Where applicable and having regard to Article 6, each
immediately on
animal keeper shall complete the passport
arrival and prior
from the
holding and ensure that the passport accompanies the animal.

to departure of each animal

Unchanged

Each keeper shall supply the competent authority, upon
3.
request, with all
identifi-
cation and, where appropriate, destination of animals, which
he has owned, kept, transported, marketed or slaughtered.

information concerning the origin,

4.
The register shall be in a format approved by the
competent authority, kept in manual or computerised form,
and be available at all
times to the competent authority,
for a minimum period to be determined by
upon request,
the competent authority but which may not be less than
three years.

Article 8

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

Article 9

Member States may charge to keepers as referred to in Article
2 the costs of the systems referred to in Article 3 and of the
controls referred to in this Title.

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AMENDED PROPOSAL

INITIAL PROPOSAL

Article 10

Without prejudice
to Article 8 of Council Decision
1999/468/EC (1),
the Commission shall adopt detailed rules
for the implementation of this Title in accordance with the
procedure laid down in Article 13 of Council Regulation (EC)
1258/1999 (2). These detailed rules shall cover in particular:

(a) provisions concerning eartags;

(b) provisions concerning the passport;

(c) provisions concerning the register;

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

(e) application of administrative sanctions;

(f)

transitional measures required to facilitate the application of
the present Title.

TITLE II

LABELLING OF BEEF AND BEEF PRODUCTS

Article 11

An operator or an organisation, as defined in Article 12,
which:

(cid:151) is required, by virtue section I of this Title, to label beef at

(cid:151) is required, by virtue section I of this Title, to label beef at

the point of sale and/or,

all stages of marketing and/or,

(cid:151) wishes, by virtue of section II of this Title, to label beef at
the point of sale in such a way as to provide information,
other than that laid down by Article 13, concerning certain
the labelled
characteristics or production conditions of
meat or of the animal from which it derives,

Unchanged

shall do so in accordance with this Title.

However,
provisions laid down in Council Directive 79/112/EEC.

itle shall apply without prejudice to the

this

title shall apply without prejudice to the relevant

This
Community legislation, in particular that concerning beef.

___________
(1) OJ L 184, 17.7.1999, p. 23.
(2) OJ L 160, 26.6.1999, p. 103.

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Article 12

AMENDED PROPOSAL

Unchanged

For the purposes of this Title, the following definitions shall
apply:

(cid:151) (cid:145)beef(cid:146) shall mean all products falling within CN codes 0201,

0202, 0206 10 95 and 0206 29 91,

(cid:151) (cid:145)labelling(cid:146) shall mean the attachment of a label to an indi-
to their packaging
information to the

vidual piece or pieces of meat or
including the supply of
material,
consumer at the point of sale,

(cid:151) (cid:145)labelling(cid:146) shall mean the attachment of a label to an indi-
to their packaging
vidual piece or pieces of meat or
are not
in the
material or,
pre-packaged, the appropriate information in written and
visible form provided for the consumer at the point of sale,

case of products

that

(cid:151) (cid:145)organisation(cid:146) shall mean a group of operators from the

Unchanged

same or different parts of the beef trade.

S e c t i o n I

Compulsory EC beef labelling system

Article 13

General rules

Operators and organisations marketing beef

in the
it in accordance with the provisions

label

1.
Community shall
of this Article.

The compulsory labelling system shall ensure a link between,
on the one hand, the identification of the carcass, quarter or
pieces of meat and, on the other hand, the individual animal
or, where this is sufficient
the
information on the label to be checked, the group of animals
concerned.

to enable the accuracy of

2.

The label shall contain the following indications:

(cid:151) a reference number or reference code ensuring the link
between the meat and the animal or animals. This
number may be the identification number of the individual
animal from which the beef was derived or the identifi-
cation number relating to a group of animals,

(cid:151) the approval number of the slaughterhouse at which the
animal or group of animals was slaughtered and the region
or Member State or third country in which the slaught-
read:
The
erhouse
(cid:145)Slaughtered in [name of the region or Member State or
third country] [approval number](cid:146),

established.

indication

shall

is

(cid:151) the approval number of the slaughterhouse at which the
animal or group of animals was slaughtered and the
Member State or third country in which the slaughterhouse
(cid:145)Slaughtered in
is established. The indication shall read:
name of the Member State or third country and approval
number(cid:146),

(cid:151) the approval number of the de-boning hall at which the
carcass or group of carcasses were de-boned and the region
or Member State or third country in which the de-boning
hall is established. The indication shall read: (cid:145)De-boned in:
[name of the region or Member State or third country]
[approval number](cid:146),

(cid:151) the approval number of the de-boning hall at which the
carcass or group of carcasses were de-boned and the
Member State or third country in which the de-boning
hall is established. The indication shall read: (cid:145)De-boned in:
[name of the Member State or third country] [approval
number](cid:146),

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AMENDED PROPOSAL

(cid:151) the category of animal or animals from which the beef was

Unchanged

derived,

(cid:151) date of slaughter of the animal or group of animals from

which the beef was derived,

(cid:151) ideal minimum maturation period of the beef.

Deleted

3.
However, Member States where sufficient details are
available in the identification and registration system for
bovine animals, provided for in Title I, may decide that, for
beef from animals born, raised and slaughtered in the same
Member State, supplementary items of information must also
be indicated on labels.

Unchanged

A compulsory system as provided for in paragraph 3
trade between the

lead to any disruption of

4.
must not
Member States.

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

As from 1 January 2003, operators and organisations

5.
shall indicate also on the labels:

(cid:151) Member State, region or holding, or third country, of birth,

(cid:151) Member State or third country, of birth,

(cid:151) all Member States, regions or holdings, or third countries,

(cid:151) all Member States or third countries, where fattening took

where fattening took place,

place,

(cid:151) Member State, region or slaughterhouse, or third country,

(cid:151) Member State or third country, where slaughter took place.

where slaughter took place.

(cid:151) Member State, region or de-boning hall, or third country,

Deleted

where de-boning took place.

However, where the beef is derived from animals born, raised,
slaughtered and de-boned:

However, where the beef is derived from animals born, raised
and slaughtered:

(cid:151) in the same Member State, the indication may be given as

(cid:151) in the same Member State, the indication may be given as

(cid:145)Origin: [name of Member State](cid:146), or (cid:145)Origin: EC(cid:146),

either (cid:145)Origin: [name of Member State](cid:146),

(cid:151) in more than one Member State, the indication may be
given as either (cid:145)Origin: EC(cid:146), or (cid:145)Origin: more than one
Member State of the EC(cid:146),

Unchanged

(cid:151) in one or more Member State and one or more third
country, the indication may be given as (cid:145)Origin: EC and
Non-EC(cid:146),

(cid:151) in one or more third country, the indication may be given
as either (cid:145)Origin: [name of third country or countries](cid:146), or
(cid:145)Origin: Non-EC(cid:146).

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Article 14

AMENDED PROPOSAL

Article 14

Derogations from the Compulsory labelling system

Derogations from the Compulsory labelling system

1.
By way of derogation from Article 13(2), the first three
indents of Article 13(5) and Article 13(6), an operator or
organisation producing minced beef, beef trimmings or cut
beef shall at least indicate on the label the Member States,
regions or de-boning halls, or
third countries, where
production of the beef took place.

By way of derogation from Article 13(2), the first three indents
of Article 13(5) and Article 13(6), an operator or organisation
producing minced beef, beef trimmings or cut beef shall at
the Member States, regions or
least
de-boning halls, or third countries, where production of the
beef took place.

indicate on the label

Where this beef is produced:

Unchanged

(cid:151) in the same region or Member State, the indication may be
given as either (cid:145)Produced in: [name of region or Member
State](cid:146), or (cid:145)Produced in the EC(cid:146),

(cid:151) in more than one Member State, the indication may be
given as either (cid:145)Produced in: [names of Member States](cid:146)
or (cid:145)Produced in the EC(cid:146),

(cid:151) in one or more Member State and one or more third
country, the indication may be given as either (cid:145)Produced
in:
[names of Member States and third countries](cid:146) or
(cid:145)Produced in EC and Non-EC countries(cid:146),

(cid:151) in one or more third country, the indication may be given
third country or

as
countries](cid:146), or (cid:145)Produced in Non-EC countries(cid:146).

(cid:145)Produced in:

[name of

either

2.
By way of derogation from the sixth indent of Article
13(2), an operator or organisation may label veal without indi-
cating the minimum maturation of the meat.

Deleted

Article 15

Unchanged

Compulsory labelling for beef from third countries

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

for which all

(cid:145)Origin: Non-EC(cid:146), or (cid:145)Slaughtered in: [name of third country](cid:146).

Article 16

Beef traceable to the individual animal

An operator or organisation that ensures a link between the
identification of the beef and the individual animal from which
the beef was derived, shall be entitled to label beef with a
specific logo.

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AMENDED PROPOSAL

INITIAL PROPOSAL

S e c t i o n I I

Voluntary labelling system

Article 17

General rules

For

labels

containing indications other

1.
than those
provided for in Section I of this Title, each operator or organi-
information to the
sation shall submit a specification for
competent
in which
authority of
production or sale of the beef in question takes place. Such
prior notification shall be made at least one month before
labelling of beef takes place. The competent authority may
also establish specifications to be used in the Member State
concerned, provided that use thereof is not compulsory.

each Member

State

Voluntary labelling specifications shall indicate:

(cid:151) the information to be included on the label,

(cid:151) the measures to be taken to ensure the accuracy of the

information,

(cid:151) the control system which will be applied at all stages of
production and sale, including the controls to be carried
out by an independent body recognised by the competent
authority and designated by the operator or the organi-
sation. These bodies shall comply with the criteria set out
in European Standard EN/45011,

(cid:151) in the case of an organisation, the measures to be taken in
relation to any member which failed to comply with the
specifications.

Member States may decide that controls by an independent
body can be replaced by controls by a competent authority.
The competent authority shall in that case have at its disposal
the qualified staff and resources necessary to carry out the
requisite controls.

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

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

2.
A specification shall also ensure a link between, on the
one hand, the identification of the carcass, quarter or 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.

Unchanged

3.

A label shall provide information that:

(cid:151) has been the subject of prior notification to the competent

authority,

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INITIAL PROPOSAL

AMENDED PROPOSAL

(cid:151) is correct and verifiable in accordance with the specification

as transmitted to the competent authority,

(cid:151) is clear, not misleading and is common to any beef which is

mixed from different animals.

raised

If, within one month from the day following the date of
4.
submission of the specification, the competent authority has
not
supplementary
nor
information on the specification, the operator or organisation
concerned shall be entitled to label beef, in accordance with the
specification, provided that the label contains its name or logo.

requested

objection

to

5. Where the production and/or sale of beef takes place in
two or more Member States, the competent authorities of the
Member States shall:

(cid:151) assist one another mutually to ensure effective interchange
of information on the labelling specifications operating in
any other Member State,

(cid:151) recognise the specifications operating in any other Member

State.

Article 18

Voluntary labelling system for beef from third countries

1. Where the production of beef takes place, in full or in
part, in a third country, operators and organisations shall be
entitled to label beef according to this Section on condition
that they have previously submitted their specifications to the
competent authority, designated for that purpose by each third
country concerned, and that the competent authority has not
raised objection nor requested further information on the spec-
ification within one month of having received the specification.

2.
The validity within the Community of any specification
operating in a third country shall be subject to prior notifi-
cation by the third country to the Commission of:

(cid:151) the competent authority which has been designated,

(cid:151) the procedures and criteria to be followed by the competent

authority when examining the specification,

(cid:151) each operator and organisation whose specification was

accepted by the competent authority.

The Commission shall
Member States.

transmit

these notifications

to the

Where, on the basis of the above notifications, the Commission
the procedures and/or criteria
reaches the conclusion that
applied in a third country are not equivalent to the standards
set out in this Regulation, the Commission shall, after consul-
tation with the third country concerned, decide that specifi-
cations from that third country shall not be valid within the
Community.

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AMENDED PROPOSAL

Article 19

Sanctions

Without prejudice to any action taken by the organisation itself
or the independent control body provided for in Article 17,
where it is shown that an operator or organisation has failed to
comply with the specification referred to in Article 17(1), the
Member State may impose supplementary conditions to be
respected if its label is to be maintained.

S e c t i o n I I I

General Provisions

Article 20

Detailed rules

1. Without prejudice to Article 8 of Council Decision
1999/468/EC,
in accordance
the Commission shall adopt,
with the procedure laid down in Article 43 of Council Regu-
lation (EC) No 1254/1999, detailed rules for the application of
this Title and, in particular,

(cid:151) definition of the maximum number of animals in a group,

referred to in Article 13,

(cid:151) definition of the categories of animals, referred to in the

fourth indent of Article 13(2),

(cid:151) definition of the minced beef, beef trimmings or cut beef,

referred to in Article 14(1),

(cid:151) definition of the logo, referred to in Article 16,

(cid:151) definition of specific indications that may be put on labels.

The Commission shall also adopt, in accordance with the

2.
same procedure:

(a) measures required to facilitate the transition from the
application of Regulation (EC) No 820/97 to application
of the present Title;

(b) measures required to resolve specific practical problems.
if duly justified, may derogate from

Such measures,
certain parts of this Title.

Article 21

Article 21

Designation of Competent Authorities

Designation of Competent Authorities

Member States shall designate the competent authority or auth-
orities responsible for implementing this Title, no later than six
months after the entry into force of this Regulation.

Member States shall designate the competent authority or auth-
orities responsible for implementing this Title, no later than
two months after the entry into force of this Regulation.

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TITLE III

COMMON PROVISIONS

Article 22

1. Member States shall take all the necessary measures to
ensure compliance with the provisions of this Regulation. The
controls provided for
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.

imposed by the Member State

shall be
Any sanctions
proportionate to the gravity of
the breach. The sanctions
may involve, where justified, a restriction on movement of
animals to or from the holding of the keeper concerned.

2. Whenever uniform application of
the requirements of
this Regulation renders it necessary, Veterinary experts from
the Commission may, in conjunction with the competent auth-
orities:

AMENDED PROPOSAL

Unchanged

Veterinary experts

2.
conjunction with the competent authorities:

from the Commission shall,

in

(a) verify that the Member states are complying with the said

Unchanged

requirements;

(b) make on-the-spot checks to ensure that

the checks are

carried out in accordance with this Regulation.

A Member State in whose territory an inspection is made
3.
shall provide the veterinary experts from the Commission with
any assistance they may require in the performance of their
tasks.

The outcome of the checks made must be discussed with the
competent authority of the Member State concerned before a
final report is drawn up and circulated.

the outcome of
4. Where the Commission deems that
it shall review the situation within the
checks so justifies,
It may adopt the necessary
Standing Veterinary Committee.
decisions in accordance with the procedure laid down in
Article 22A.

the outcome of
4. Where the Commission deems that
it shall review the situation within the
checks so justifies,
It may adopt the necessary
Standing Veterinary Committee.
decisions in accordance with the procedure laid down in
Article 23.

5.
The Commission shall monitor developments; in the light
of such developments and in accordance with the procedure
laid down in Article 22A it may amend or repeal the decisions
referred to in paragraph 3.

5.
The Commission shall monitor developments; in the light
of such developments and in accordance with the procedure
laid down in Article 23 it may amend or repeal the decisions
referred to in paragraph 3.

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AMENDED PROPOSAL

Detailed rules for the application of this Article shall be
in accordance with the procedure

6.
adopted, where necessary,
laid down in Article 22A.

Detailed rules for the application of this Article shall be
in accordance with the procedure

6.
adopted, where necessary,
laid down in Article 23.

Article 22A

Article 23

1.
For the implementation of Article 22 the Commission
shall be assisted by the Standing Veterinary Committee set
up by Decision 68/361/EEC acting in accordance with the
procedure laid down in Article 5 of Decision 1999/468/EC
and in compliance with Article 8 thereof.

The period referred to in Article 5(6) of Decision

2.
1999/468/EC shall be three months.

Unchanged

Article 23

Article 24

1.

Regulation (EC) No 820/97 is hereby repealed.

Unchanged

References

2.
to Regulation (EC) No 820/97 shall be
construed as references to this Regulation and should be read
in accordance with the correlation table in Annex I.

Article 24

Article 25

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

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

It shall be applicable from [one month after the day of its entry
into force]

It shall be applicable to beef derived from animals slaughtered
from 1 September 2000.

31.10.2000

EN

Official Journal of the European Communities

C 311 E/237

ANNEX

Correlation table

Regulation (EC) No 820/97

This regulation

Article 1

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

Article 13

Article 14(1)

Article 14(2)

Article 14(3)

Article 14(4)

Article 15

Article 16(1)

Article 16(2)

Article 16(3)

Article 17

Article 18

Article 19

Article 20

Article 21

Article 22

Article 1

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

Article 24

Article 11

Article 12

Article 17(1)

Article 17(2)

Article 17(5)

Article 17(4)

Article 18

Article 17(3)

Article 17(3)

Article 13(2), first indent

Article 19

Article 20

(cid:151)

Article 21

Article 22

Article 24