Common Position (EC) No 35/2000 of 6 June 2000 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting 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: 2000-06-06
Institutions: Council of the European Union
Subjects: beef, directory, labelling, meat product, statistical method

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COMMON POSITION (EC) No 35/2000

adopted by the Council on 6 June 2000

with a view to adopting a Regulation of the European Parliament and of the Council of ...
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

(2000/C 240/02)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(3)

For the sake of clarity Regulation (EC) No 820/97 should
be repealed and replaced by this Regulation.

Having regard to the Treaty establishing the European Com-
munity, and in particular Articles 37 and 152 thereof,

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

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

Having regard to the opinion of
Regions (3),

the Committee of

the

Acting in accordance with the procedure referred to in Article
251 of the Treaty (4),

Whereas:

(1)

(2)

Article 19 of Council Regulation (EC) No 820/97 of
21 April 1997 establishing a system for the identifi-
cation and registration of bovine animals and regarding
the labelling of beef and beef products (5), states that a
compulsory beef labelling system is to be introduced
which is obligatory in all Member States from 1 January
2000 onwards. The same Article also provides that, on
the basis of a Commission proposal, the general rules
for that compulsory system are to be adopted before
that date.

Council Regulation EC No 2772/1999 of 21 December
1999 providing for the general rules for a compulsory
beef labelling system (6) provides for these general rules
to apply only temporarily for a maximum period of
is to say from 1 February to
eight months,
31 August 2000.

that

(1) OJ C 376 E, 28.12.1999, p. 42.
(2) OJ C 117, 26.4.2000, p. 47.
(3) OJ C 226, 8.8.2000, p. 9.
(4) European Parliament opinion of 12 April 2000 (not yet published
in the Official Journal), Council Common Position of 6 June 2000
and European Parliament Decision of … (not yet published in the
Official Journal).

(5) OJ L 117, 7.5.1997, p. 1.
(6) OJ L 334, 28.12.1999, p. 1.

(4)

(5)

(6)

(7)

(8)

Following the instability in the market in beef and beef
products caused by the bovine spongiform encephalopa-
thy crisis, the improvement in the transparency of the
conditions for the production and marketing of the
products concerned, particularly as regards traceability,
has exerted a positive influence on consumption of beef.
In order to maintain and strengthen the confidence of
consumers in beef and to avoid misleading them, it is
necessary to develop the framework in which the
information is made available to consumers by sufficient
and clear labelling of the product.

To that 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 to create,
on the other hand, a specific Community labelling
system in the beef sector based on objective criteria at
the marketing stage.

By virtue of
the guarantees provided through this
improvement, certain public interest requirements will
also be attained, in particular the protection of human
and animal health.

As a result, consumer confidence in the quality of beef
and beef products will be improved, a higher level of
protection of public health preserved and the lasting
stability of the beef market will be reinforced.

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

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of the internal market (1) 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.

(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 (5) and
Regulation (EC) No 820/97. Experience has shown that
the implementation of Directive 92/102/EEC for bovine
animals has not been entirely satisfactory and needs
further improvement. It is therefore necessary to adopt
specific rules for bovine animals in order to reinforce
the provisions of the said Directive.

(9)

Article 14 of Council Directive 91/496/EEC of 15 July
1991 laying down the principles governing the organis-
ation of veterinary checks on animals entering the
Community from third countries and amending Direc-
tives 89/662/EEC, 90/425/EEC and 90/675/EEC (2),
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.

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

(11)

It is necessary to ensure the rapid and efficient exchange
of information between Member States for the correct
application of this Regulation. Community provisions
relating thereto have been established by Council Regu-
lation (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 (3) and by
Council Directive 89/608/EEC of 21 November 1989
on mutual assistance between the administrative auth-
orities of the Member States and cooperation between
the latter and the Commission to ensure the correct
application of legislation on veterinary and zootechnical
matters (4).

(13)

For the introduction of an improved identification
system to be accepted,
it is essential not to impose
excessive demands on the producer in terms of adminis-
trative formalities. Feasible time limits for its implemen-
tation must be laid down.

(14)

For the purpose of rapid and accurate tracing of animals
for reasons relating to the control of Community aid
schemes, each Member State should create a national
computerised database which will record the identity of
the animal, all holdings on its territory and the move-
ments 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 (6), which clarifies the health require-
ments concerning this database.

(15)

It is important that each Member State take all measures
that may still be necessary in order to ensure that the
national computerised database is fully operational as
quickly as possible.

(16) Steps should be taken in order to create the technical
conditions guaranteeing the best communication poss-
ible by the producer with the database and a comprehen-
sive use of databases.

(17)

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

(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).

(2) 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).

(3) OJ L 144, 2.6.1981, p. 1. Regulation repealed by Regulation (EC)

(5) OJ L 355, 5.12.1992, p. 32. Directive as last amended by the

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

(4) OJ L 351, 2.12.1989, p. 34.

1994 Act of Accession.
(6) OJ L 109, 25.4.1997, p. 1.

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(18) Animals imported from third countries pursuant to
Directive 91/496/EEC should be subject to the same
identification requirements.

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

information which is required for labelling beef pro-
duced in the Community may be available to a third
country operator or organisation. It is therefore necess-
ary to state the minimum information that
third
countries must ensure is indicated on the label.

(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.

(28)

For operators or organisations producing and marketing
minced beef 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.

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

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

(29) The objective of labelling is to give maximum trans-

parency in the marketing of beef.

(30) The provisions of this Regulation must not affect Council
Regulation (EEC) No 2081/92 of 14 July 1992 on the
protection of geographical indications and designations
of origin for agricultural products and foodstuffs (1).

(23) The authority or authorities responsible for the appli-
cation of each Title in this Regulation should be
designated.

(31)

(24) A compulsory beef labelling system should be intro-
duced which is obligatory in all Member States. Under
this compulsory system, operators and organisations
marketing beef should indicate on the label information
about certain characteristics of the beef and the point of
slaughter of the animal or animals from which that beef
was derived.

(25) The compulsory beef

labelling system should be
reinforced from 1 January 2002. Under this compulsory
system, operators and organisations marketing beef
should, in addition, indicate on the label information
concerning origin, in particular where the animal or
animals from which the beef was derived were born,
fattened and slaughtered.

(26) The system of compulsory labelling based on origin
should be in force from 1 January 2002,
it being
understood that full information on movements made
by bovine animals in the Community is only required
for animals born after 31 December 1997.

For all indications other than those falling under the
compulsory beef labelling system, a Community frame-
work for labelling of beef should also be provided and,
in view of the diversity of descriptions of beef marketed
in the Community, the establishment of a voluntary beef
labelling system is the most appropriate solution. The
effectiveness of such a voluntary 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 should be
subject to a specification to be submitted to the com-
petent authority for approval. Operators and organis-
ations should be entitled to label beef only if the label
contains their name or their identifying logo. The
competent authorities of the Member States should be
authorised to withdraw their approval of any specifi-
cation in the event of irregularities. In order to ensure
that labelling specifications may be recognised across
the Community,
is necessary to provide for the
exchange of information between Member States.

it

(32) Operators and organisations importing beef into the
Community from third countries may also wish to label
their products according to the voluntary labelling
system. Provisions should be laid down to ensure as
far as possible that labelling arrangements relating to
imported beef are of equivalent reliability to those set
up for Community beef.

(27) The compulsory beef labelling system should also apply
to beef imported into the Community. However, pro-
vision should be made for the fact that not all the

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

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

the
(34) With a view to guaranteeing the reliability of
arrangements provided for by this Regulation,
it is
necessary to oblige the Member States to carry out
adequate and efficient control measures. These controls
should be without prejudice to any controls that 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 (1).

(35) Appropriate penalties should be laid down in the event
of a breach of the provisions of this Regulation.

(36) The measures necessary for the implementation of
this Regulation should be adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (2),

Article 2

For the purposes of this Title:

— ‘animals’ means a bovine animal within the meaning of
Article 2(2)(b) and (c) of Directive 64/432/EEC (4),

— ‘holding’ means any establishment, construction or, in
the case of an open-air farm, any place situated within
the territory of the same Member State, in which animals
covered by this Regulation are held, kept or handled,

— ‘keeper’ means 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’ means 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
(EEC) No 3508/92.

Article 3

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

HAVE ADOPTED THIS REGULATION:

(a)

eartags to identify animals individually;

TITLE I

(b)

computerised databases;

(c)

animal passports;

IDENTIFICATION AND REGISTRATION OF BOVINE
ANIMALS

(d)

individual registers kept on each holding.

Article 1

1.
Each Member State shall establish a system for the
identification and registration of bovine animals, in accordance
with this Title.

2.
The provisions of this Title shall apply without prejudice
to 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 (3).
However, the 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.

(1) OJ L 312, 23.12.1995, p. 1. Regulation as last amended by
Regulation (EC) No 1036/1999 (OJ L 127, 21.5.1999, p. 4).

(2) OJ L 184, 17.7.1999, p. 23.
(3) OJ L 355, 5.12.1992, p. 1. Regulation as last amended by
Regulation (EC) No 1036/1999 (OJ L 127, 21.5.1999, p. 4).

The Commission and the competent authority of the Member
State concerned shall have access to all the information
covered by this Title. The Member States and the Commission
shall take the measures necessary to ensure access to these data
for all parties concerned, including consumer organisations
having an interest which are recognised by the Member State,
provided that the data confidentiality and protection prescribed
by national law are ensured.

Article 4

1.
All animals on a holding born after 31 December 1997
or 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 identify

(4) OJ 121, 29.7.1964, p. 1977/64. Directive updated by Directive
97/12/EC (OJ L 109, 25.4.1997, p. 1) and last amended by
Directive 98/99/EC (OJ L 358, 31.12.1998, p. 107).

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each animal individually together with the holding 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 September
1998.

By way of derogation from the first subparagraph, 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 Direct-
ive 92/102/EEC until 1 September 1999.

Bovine animals intended for cultural and sporting events (with
the exception of fairs and exhibitions) may be identified,
instead of by an eartag, by an identification system offering
equivalent guarantees and authorised by the Commission.

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. The 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 23(2), the Com-
mission may determine the circumstances in which Member
States may extend the maximum period.

No animal born after 31 December 1997 may be moved from
is identified in accordance with the
a holding unless it
provisions of this Article.

Any animal imported from a third country which has
3.
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 but not exceeding 20 days following the
aforesaid checks, and in any event before leaving the holding.

it is not necessary to identify the animal

However,
if 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.

The original identification established by the third country
shall be recorded in the computerised database provided for in
Article 5 or, if this is not yet fully operational, in the registers
provided for in Article 3, together with the identification code
allocated to it by the Member State of destination.

Any animal from another Member State shall retain its

4.
original eartag.

No eartag may be removed or replaced without the

5.
permission of the competent authority.

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

7.
Not later than 31 December 2001 the European Parlia-
ment and the 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 identi-
fication arrangements in the light of progress achieved in this
field.

Article 5

The competent authority of the Member States shall set up a
computerised database in accordance with Articles 14 and 18
of Directive 64/432/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 said 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 reidenti-
fication 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 con-
ditions. 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.

However, at the request of a Member State and in accordance
with the procedure referred to in Article 23(2), the Com-
mission 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 first sentence of para-

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

— which have a computerised database which the Com-
mission 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.

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In these Member States, the passport accompanying an
animal imported from another Member State shall be
surrendered to the competent authority on its arrival,

— 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 of the death of the animal. If the animal is sent to
the slaughterhouse, the operator of the slaughterhouse shall
be responsible for returning the passport to the competent
authority.

Article 8

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

Article 9

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

Article 10

5.
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.

The measures necessary for the implementation of this Title
shall be adopted in accordance with the management pro-
cedure referred to in Article 23(2). These measures concern in
particular:

Article 7

(a)

provisions concerning eartags;

(b) provisions concerning the passport;

1. With the exception of
animals shall:

transporters, each keeper of

(c)

provisions concerning the register;

— keep an up-to-date register,

— 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
a period fixed by the Member State of between three and
seven days of the event occurring. However, at the request
of a Member State and in accordance with the procedure
referred to in Article 23(2), the Commission may deter-
mine the circumstances in which Member States may
extend the maximum period and provide for special rules
applicable to movements of bovine animals when put
out to summer grazing in different mountain areas.

2. Where applicable and having regard to Article 6, each
animal keeper shall 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, on
3.
request, with all information concerning the origin, identifi-
cation and, where appropriate, destination of animals, which
he has owned, kept, transported, marketed or slaughtered.

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, on
request, for a minimum period to be determined by the
competent authority but which may not be less than three
years.

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

(e)

application of administrative sanctions;

(f)

transitional measures required to facilitate the application
of this Title.

TITLE II

LABELLING OF BEEF AND BEEF PRODUCTS

Article 11

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

— is required, by virtue of section I of this Title, to label beef

at all stages of marketing,

— 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 characteristics or production conditions of the
labelled meat or of the animal from which it derives,

shall do so in accordance with this Title.

This Title shall apply without prejudice to relevant Community
legislation, in particular on beef.

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Article 12

(d)

the category of animal or animals from which the beef
was derived.

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

— ‘beef’ means all products falling within CN codes 0201,

0202, 0206 10 95 and 0206 29 91,

— ‘labelling’ means the attachment of a label to an individual
piece or pieces of meat or to their packaging material, or
in the case of non-prewrapped products the supply of
appropriate information in written and visible form to
the consumer at the point of sale,

— ‘organisation’ means a group of operators from the same

or different parts of the beef trade.

SECTION I

COMPULSORY COMMUNITY BEEF LABELLING SYSTEM

Article 13

General rules

Operators and organisations marketing beef

1.
Community shall label it in accordance with this Article.

in the

The compulsory labelling system shall ensure a link between,
on the one hand, the identification of the carcase, 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 group of animals
concerned.

2.

The label shall contain the following indications:

(a)

(b)

(c)

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 identification
number relating to a group of animals;

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 slaughter-
house is established. The indication shall read: ‘Slaught-
ered in (name of the Member State or third country)
(approval number)’;

the approval number of the cutting hall which performed
the cutting operation on the carcase or group of carcases
and the Member State or third country in which the hall
is established. The indication shall read: ‘Cutting in: (name
of the Member State or third country) (approval number)’;

3.
However, up until 31 December 2001, 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.

4.
A compulsory system as provided for in paragraph 3
must not lead to any disruption of trade between the Member
States.

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

5.

(a) As from 1 January 2002, operators and organis-

ations shall also indicate on the labels:

(i) Member State or third country of birth,

(ii)

all Member States or third countries where
fattening took place,

(iii) Member State or third country where slaughter

took place;

(b) however, where the beef is derived from animals

born, raised and slaughtered:

(i)

(ii)

in the same Member State, the indication may
be given as ‘Origin: (name of Member State)’,

in the same third country, the indication may
be given as ‘Origin: (name of third country)’.

Article 14

Derogations from the compulsory labelling system

By way of derogation from Article 13(2)(b) and (c) and (d) and
from Article 13(5)(a)(i) and (ii), an operator or organisation
preparing minced beef shall indicate on the label the words
‘prepared (name of the Member State or third country)’,
depending on where the meat was prepared.

The obligation provided for in Article 13(5)(a)(iii) shall be
applicable to such meat as from the date of application of this
Regulation.

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However, such operator or organisation may add to the label
of the minced beef:

— one or more of the indications provided for in Article 13

and/or

— the date on which the meat was prepared.

On the basis of experience, and in the light of requirements,
similar provisions may be adopted for cut meat and for beef
trimmings in accordance with the procedure referred to in
Article 23(2).

Article 15

Compulsory labelling of beef from third countries

By way of derogation from Article 13, beef imported into the
Community for which not all the information provided for in
Article 13 is available,
in accordance with the procedure
referred to in Article 17, shall be labelled with the indication:
‘Origin: non-EC’ and ‘Slaughtered in (name of third country)’.

SECTION II

VOLUNTARY LABELLING SYSTEM

Article 16

General rules

1.
For labels containing indications other than those pro-
vided for in Section I of this Title, each operator or organisation
shall send a specification for approval to the competent
authority of the Member State in which production or sale of
the beef in question takes place. The competent authority may
also establish specifications to be used in the Member State
concerned, provided that use thereof is not compulsory.

Voluntary labelling specifications shall indicate:

— the information to be included on the label,

— the measures to be taken to ensure the accuracy of the

information,

authority and designated by the operator or the organis-
ation. These bodies shall comply with the criteria set out
in European standard EN 45011,

— in the case of an organisation, the measures to be taken
in relation to any member which fails to comply with the
specifications.

Member States may decide that controls by an independent
body may 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 in this section 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 any specifi-
cation which does not ensure a link between, on the one hand,
the identification of the carcase, 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.

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

3. 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 in so far as the elements contained
therein relate to operations taking place within their respective
territories. In such case, each Member State concerned shall
recognise the approvals granted by any other Member State
concerned.

If, within a period to be fixed in accordance with the procedure
referred to in Article 23(2), counting from the day following
the date of submission of the application, 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.

— 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

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.

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5.
By way of derogation from paragraphs 1 to 4, the
Commission, in accordance with the procedure referred to in
Article 23(2), may provide for an accelerated or simplified
procedure for approval in specific cases, in particular for beef
in small retail packages or prime beef cuts in individual
packages, labelled in a Member State according to an approved
specification and introduced into the territory of another
Member State, provided that no information is added to the
initial label.

A Member State may decide that the name of one or
6.
more of its regions may not be used, in particular where the
name of a region:

— could give rise to confusion or difficulties in checking,

— is reserved for beef in the framework of Regulation (EEC)

No 2081/92.

Where authorisation is given, the name of the Member State
shall appear alongside the name of the region.

this Article and in particular of

inform the Commission of the
7. Member States shall
implementation of
the
indications set out on the labels. The Commission shall inform
the other Member States within the Management Committee
for Beef and Veal referred to in Article 23(1)(b) and, where
necessary, in accordance with the procedure referred to in
Article 23(2), rules relating to those indications may be laid
down and, in particular, limits may be imposed.

— each operator and organisation whose specification was

accepted by the competent authority.

The Commission shall transmit these notifications to the
Member States.

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

Article 18

Sanctions

Without prejudice to any action taken by the organisation
itself or the independent control body provided for in
Article 16, where it is shown that an operator or organisation
has failed to comply with the specification referred to in
Article 16(1), the Member State may withdraw the approval
provided for in Article 16(2) or impose supplementary con-
ditions to be respected if its approval is to be maintained.

SECTION III

GENERAL PROVISIONS

Article 19

Detailed rules

Article 17

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 if, in addition to
complying with Article 16,
they have obtained for their
specifications the approval of the competent authority desig-
nated for that purpose by each of the third countries con-
cerned.

2.
The validity within the Community of an approval
granted by a third country shall be subject to prior notification
by the third country to the Commission of:

— the competent authority which has been designated,

— the procedures and criteria to be followed by the com-
petent authority when examining the specification,

The measures necessary for the implementation of this Title
shall be adopted in accordance with the management pro-
cedure referred to in Article 23(2). These measures concern in
particular:

(a)

definition of the size of the group of animals, referred to
in Article 13(2)(a);

(b) definition of the minced beef, beef trimmings or cut beef

referred to in Article 14;

(c)

definition of specific indications that may be put on
labels;

(d) definition of the categories of animals referred to in

Article 13(2)(d).

There shall be adopted in accordance with the same procedure:

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

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

Such measures,
certain parts of this Title.

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Article 20

Designation of competent authorities

Member States shall designate the competent authority or
authorities responsible for implementing this Title, no later
than … (*).

Article 21

At the latest by ... (**), the Commission shall submit a report
to the European Parliament and the Council, together,
if
necessary, with appropriate proposals regarding extending the
scope of this Regulation to processed products containing beef
and beef-based products.

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 pursuant to Article 9 of
Regulation (EC, Euratom) No 2988/95.

Any sanctions imposed by the Member State on a holder shall
be 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.

Experts from the Commission, in conjunction with the

2.
competent authorities:

(a)

(b)

shall verify that the Member States are complying with
the requirements of this Regulation;

shall make on-the-spot checks to ensure that the checks
are carried out in accordance with this Regulation.

3.
A Member State in whose territory an on-the-spot check
is made shall provide the 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.

4. Where the Commission deems that the outcome of
checks so justifies,
it shall review the situation within the
Standing Veterinary Committee referred to in Article 23(1)(c).
It may adopt the necessary decisions in accordance with the
procedure laid down in Article 23(3).

The Commission shall monitor developments in the
5.
situation. In the light of such developments and in accordance
with the procedure laid down in Article 235(3) it may amend
or repeal the decisions referred to in paragraph 4.

6.
Detailed rules for the application of this Article shall be
adopted, where necessary, in accordance with the procedure
referred to in Article 23(3).

Article 23

The Commission shall be assisted:

for the implementation of Article 10, by the European
Agricultural Guidance and Guarantee Fund Committee
referred to in Article 11 of Council Regulation (EC)
No 1258/1999 (3),

for the implementation of Article 19 by the Management
Committee for Beef and Veal set up by Article 42 of
Council Regulation (EC) No 1254/1999 (4),

for the implementation of Article 22 by the Standing
Veterinary Committee set up by Council Decision
68/361/EEC (5).

1.

(a)

(b)

(c)

2. Where reference is made to this paragraph, Articles 4
and 7 of Decision 1999/468/EC shall apply, having regard to
the provisions of Article 8 thereof.

The period referred to in Article 4(3) of Decision 1999/468/EC
shall be set at one month.

3. Where reference is made to this paragraph, Articles 5
and 7 of Decision 1999/468/EC shall apply, having regard to
the provisions of Article 8 thereof.

The period referred to in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

4.

The Committees shall adopt their rules of procedure.

(*) Two months from the date of entry into force of this Regulation.
(**) Three years from the date of entry into force of this Regulation.

(3) OJ L 160, 26.6.1999, p. 103.
(4) OJ L 160, 26.6.1999, p. 21.
(5) OJ L 255, 18.10.1968, p. 23.

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Article 24

Article 25

1.

Regulation (EC) No 820/97 shall be repealed.

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

2.
References to Regulation (EC) No 820/97 shall be con-
strued as references to this Regulation and shall be read in
accordance with the correlation table set out in the Annex.

It shall be applicable to beef from animals slaughtered on or
after 1 September 2000.

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

Done at …

For the European Parliament

The President

For the Council

The President

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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 11

Article 12

Article 16(1)

Article 16(2)

Article 16(5)

Article 16(4)

Article 17

Article 16(3)

Article 16(3)

Article 13(2)(a)

Article 18

Article 19

—

Article 20

Article 22

Article 25

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STATEMENT OF THE COUNCIL’S REASONS

I.

INTRODUCTION

1. On 27 October 1999 the Commission submitted to the Council a proposal for a Regulation of
the European Parliament and of the Council, based on Article 152 of the Treaty, establishing a
system for the identification and registration of bovine animals and regarding the labelling of
beef and beef products and repealing Regulation (EC) No 820/97.

2. Having been consulted under the codecision procedure, the European Parliament delivered its
opinion on the above proposal on 12 April 2000. The Economic and Social Committee and
the Committee of the Regions delivered their opinions on 2 March and 13 April 2000
respectively.

3. At its meeting on 6 June 2000, the Council adopted its Common Position on the amended
Commission proposal, taking Articles 37 and 152(4)(b) of the Treaty as its dual basis, which
does not prejudice recourse to the codecision procedure.

II. OBJECTIVES

4.

The purpose of the proposal
is to establish a reliable and transparent system for the
identification and registration of bovine animals and regarding the mandatory labelling of beef
so as to supplement and replace the provisions introduced in April 1997, under Regulation
(EC) No 820/97, further to the BSE (bovine spongiform encephalopathy) crisis. Its twofold
objective is to encourage consumer confidence in the quality of beef products and to reinforce
the stability of that market.

The compulsory labelling system, intended to replace arrangements which are in the main
voluntary, would be introduced in two phases. Initially, the consumer would be given the
information available on the point of slaughter, the place of deboning and the category of
animal. Once the second phase is introduced, the labelling for beef products would also have
to provide information on where the animal was born and reared.

III. COMMON POSITION

5. Given the above objectives, the Council has approved the substance of the Commission
proposal but has made a number of amendments, the grounds for which are given below. The
majority of amendments are based on amendments by the European Parliament, in particular
in the key areas of the proposal, such as the provisions on the origin of the meat and the date
on which the obligatory indications of origin enter into force, and the voluntary system.

Legal basis

6.

The Council has amended the legal basis for the proposal by taking Articles 37 and 152(4)(b)
of the Treaty as the basis, since the provisions of the proposed Regulation will not only have
positive effects on the protection of public health by ensuring traceability and improving
consumer information, but also concern the stability of the market in beef, which is one of the
aims of the common agricultural policy. These elements are set out in recitals 6 and 7.

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Recitals 1, 2 and 3

7.

The date given in the first recital has been changed. Article 19 of Regulation (EC) No 820/97
lays down that a compulsory beef labelling system is to be introduced from 1 January 2000
onwards, and not 1 January 2001. The date on which Regulation (EC) No 820/97 was adopted
has also been added.

At the suggestion of Parliament, a new recital has been added (recital 2) which refers to
Regulation (EC) No 2772/1999, in which it is stipulated that the general rules of a compulsory
labelling system are to apply provisionally from 1 January to 31 August 2000.

The third recital has also been simplified as suggested by Parliament.

Recital 4

8.

In recital 4, the Council has taken up a suggestion from Parliament to the effect that the
provisions on labelling must prevent consumers from being misled. The recital has also been
reworded to stress the need for appropriate and clear labelling of the product.

The first sentence of the recital has also been reworded to make it easier to understand.

Recital 15

9.

To ensure the traceability of bovine animals and beef, a new recital has been added (recital 15).
It is important that all the Member States have a fully operational computerised system as
quickly as possible.

Former recital 22

10. Recital 22 of the Commission proposal (former recital 22), defining ‘beef’, has been deleted in

order to avoid a possible duplication of Article 12.

Recital 26

11. For the sake of clarity the substance of recital 26 has been simplified. The date for the entry
into force of the compulsory labelling system has been amended, in line with the change made
to Article 13(5).

Recital 27

12. For the sake of clarity, the wording of recital 27 has been simplified. The second sentence of
this recital has been amended to establish better the relation between the labelling requirements
for third country operators (pursuant to Article 15) and those imposed for beef produced in
the Community.

Recital 28

13. Recital 28 has been amended to reflect the limited scope of the derogations provided for under

Article 14.

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Recital 29

14. Recital 29 has been shortened as a result of Article 16 of the Commission proposal having

been deleted (former Article 16).

Recital 30

15. The Council has included part of the text suggested by Parliament for an additional recital
(recital 30), confirming that the provisions of the proposal are without prejudice to Regulation
(EEC) No 2081/92 on the protection of geographical indications and designations of origin.

Recitals 31, 32 and 34

16. Recitals 31, 32 and 34 concern the adjustments needed better to convey that any other
indications not required by the compulsory labelling system must be included in a Community
framework on the basis of a voluntary labelling system modelled on the system described in
Regulation (EC) No 820/97.

Recital 33

17. Recital 33 has been amended to indicate that Commission intervention pursuant to Article 19

of the Regulation in the event of practical problems must be justified.

Recital 36

18. A recital 36 has been added, pointing out that the implementing measures to be taken by the
Commission must comply with the committee procedure rules laid down in Council Decision
1999/468/EC.

Articles 2 and 5

19.

In Articles 2 and 5, the reference to Directive 97/12/EC has been corrected by the references
‘Article 2(2)(b) and (c) of Directive 64/432/EEC’ and ‘Articles 14 and 18 of Directive
64/432/EEC’ respectively.

Articles 6 and 7

20. Article 6(3) and Article 7(1) have been amended, at the suggestion of Parliament, so as to do

away with certain references which are out of date.

Article 7(1) has been amended to ease the administrative burden on breeders, particularly in
Austria, who put their animals out to graze in mountain areas for the summer months.

Article 11

21. The first of the two indents in Article 11 has been reworded in order to comply better with
traceability requirements. The provisions laid down under the compulsory labelling system
must be understood as applying to all points of sale and thus to all stages of marketing.

Furthermore, the provision intended to establish the effect of Title II of the Regulation in terms
of other Community legislative acts has been amended to stipulate that Title II is applicable
without prejudice to the relevant legislation.

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Article 12

22. The definition of ‘labelling’ has been amended and now contains nearly all of Parliament’s
suggested wording to take account of the specific characteristics of small retailers. It is now
stipulated that information must be readily available and provided to the consumer in written
and visible form for non-prewrapped individual pieces of meat. This is the same information
as must be provided for prewrapped meat sold, in particular, in supermarkets.

Article 13

23. As proposed by Parliament, the indications which must be given on the label, stipulated in
Article 13(2) and (5), have been simplified in order to avoid providing information which is of
little practical use to the great majority of consumers. Thus:

— as of the first stage in the compulsory labelling system, any requirement relating to the
slaughter date, the region in which the abattoir and cutting hall are located or to the
length of maturation of the meat has been deleted,

— as of the second phase, any requirements relating to the region or holding have been

deleted.

24.

In addition, the provision contained in Article 13(3) whereby Member States may require
additional information on cuts of meat from animals born, raised and slaughtered in the same
Member State has now been limited to the first phase of the compulsory system. This
amendment is intended to ensure, in the long term, an adequate degree of harmonisation to
enable the single market in beef to function smoothly.

25. The date for the entry into force of the second phase of the compulsory labelling system,
stipulated in paragraph 5, has been brought forward by 12 months to 1 January 2002. In so
doing, the Council is seeking to comply, at least in part, with Parliament’s wishes where it is
technically possible to anticipate the second phase.

26. The provision in paragraph 5(b), intended to allow indications of origin to be grouped as of
the second phase, has also been simplified. Here the Council has to a certain extent followed
the suggestions from Parliament, and considered that a generic indication, such as ‘Origin: EC’
or ‘Origin: non-EC’, should not be accepted because it would not be sufficient for consumers.

The Council considers that if meat comes from animals born, raised and slaughtered in the
same country there is no need to indicate the same name three times. However, when the meat
originates from animals born, raised and slaughtered in different countries, the names of the
Member States or the third countries of origin must appear on the label.

Article 14

27. Most of Article 14 has been recast to limit the scope of the derogations allowed for certain
types of beef. Firstly, the derogations no longer apply exclusively to operators and organisations
that prepare minced beef, similar provisions could be adopted at a later stage for cut beef and
beef trimmings in the light of the experience gained by then.

Furthermore, as soon as the Regulation enters into force, the reference code or number that
guarantees that the minced meat can be traced must appear on the label, together with the
country of slaughter, as must the name of the country in which the meat was prepared.
Operators preparing minced meat are no longer exempted from these obligations. At the same
time, they will be able to use certain other indications usually required under the compulsory
labelling system, if they so wish, and will be able to give the date on which the minced meat
was prepared.

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Moreover, no provision is made for simplified indications such as ‘Produced in the EC’ or
‘Produced in non-EC countries’ for the labelling of minced meat.

Article 15

28.

Just as the Council has rejected simplified indications in the form of generic designations
proposed in Article 13(5), it has provided that the country of slaughter must be given for beef
from third countries as well. The generic indication ‘Origin: non-EC’ is therefore an indication
additional to that of the country of slaughter as required by Article 15, and not an alternative.

Former article 16

29. Article 16 of the Commission proposal (former Article 16), which allowed operators and
organisations that ensured a link between the beef and the animal from which the beef was
derived to label beef with a specific logo, has been deleted. The Council agrees with Parliament
on this issue, namely that a proliferation of logos in this sector should be avoided.

Articles 16, 17 and 18

30. As regards the voluntary labelling system, which allows other indications to be given in
addition to those required by the compulsory system, the Council has followed Parliament’s
suggestions and replaced the majority of the rules provided for in Article 16 of the text with
the provisions set out in Article 14 of Regulation (EC) No 820/97. Thus, the Council has
chosen to continue the voluntary system in force since 1997 as opposed to the simplified
procedures provided for in the Commission’s proposal.

Article 16(6) has been reworded to avoid prejudicing the implementation of Regulation (EEC)
No 2061/92 on the protection of geographical indications and designations of origin, and so
that use of a name of a region in voluntary labelling does not cause confusion or inspection
problems.

Moreover, a new paragraph 7 has been added to ensure that information is circulated between
the Commission and the Member States on the indications given on the labels and on the
application of the voluntary system in general. The Commission is authorised, where necessary,
to adopt implementing rules.

Article 17 has been amended to ensure consistency with Article 16 as it now stands.

Furthermore, in Article 18 of the text, sanctions for failure to comply with the rules on
voluntary labelling may result in the withdrawal of approval, as is currently the case pursuant
to Article 17 of Regulation (EC) No 820/97.

Article 19

31. Article 19, on the implementing rules, has been amended in line with the amendments made

to the labelling rules in Title II.

Article 20

32. As suggested by Parliament, the deadline set in Article 20 for designating the authorities

responsible for implementing Title II has been shortened to two months.

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Article 21

33. The Council has in part taken over the text for an additional Article (Article 21) suggested by
Parliament to enable both the institutions to review the scope of the Regulation in three years’
time and, if necessary, provide for it to be extended to cover processed products containing
beef and beef products.

Article 22

34.

In agreement with Parliament, the wording of Article 22(2) has been tightened up to ensure
that the Commission experts verify that the rules in the Regulation are being complied with
and that they make checks on the checks conducted by the Member States. Furthermore, as
these Commission experts are not necessarily veterinary experts the word ‘veterinary’ has been
deleted.

Article 25

35. The deadline for the implementation of the Regulation is stipulated more clearly so as to
preclude the risk of a legal vacuum, since the temporary provisions of the compulsory labelling
system, as laid down in Regulation (EC) No 2772/1999, expire on 31 August 2000. Given the
need to use up stocks from animals slaughtered before that date, the Regulation will be
applicable only to beef from animals slaughtered on or after 1 September 2000.

Lastly, the Regulation enters into force on the third day after its publication in the Official
Journal of the European Communities, and not on the seventh day thereafter.

IV. GENERAL CONCLUSION

36. The Council considers that its Common Position, which comprises the amendments given
above and takes account of the European Parliament’s opinion at first reading, best meets the
objectives set out
the Commission has endorsed these
amendments.

in the Commission proposal;