Proposal for a Council Regulation determining the Community scale for the classification of carcases of adult bovine animals (Codified version)
Date: 2005-09-08
Institutions: European Commission
Subjects: agricultural product nomenclature, carcase, cattle, codification of EU law, common organisation of markets, meat processing industry

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 8.9.2005 
COM(2005) 402 final 

2005/0171 (CNS) 

Proposal for a 

COUNCIL REGULATION  

determining the Community scale for the classification of carcases of adult bovine 
animals 

(Codified version) 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

In  the  context  of  a  people’s  Europe,  the  Commission  attaches  great  importance  to 
simplifying  and  clarifying  Community  law  so  as  to  make  it  clearer  and  more 
accessible to the ordinary citizen, thus giving him new opportunities and the chance 
to make use of the specific rights it gives him. 

This aim cannot be achieved so long as numerous provisions that have been amended 
several times, often quite substantially, remain scattered, so that they must be sought 
partly  in  the  original  instrument  and  partly  in  later  amending  ones.  Considerable 
research work, comparing many different instruments, is thus needed to identify the 
current rules. 

For  this  reason  a  codification  of  rules  that  have  frequently  been  amended  is  also 
essential if Community law is to be clear and transparent. 

On  1  April  1987  the  Commission  therefore  decided1  to  instruct  its  staff  that  all 
legislative acts should be codified after no more than ten amendments, stressing that 
this  is  a  minimum  requirement  and  that  departments  should  endeavour  to  codify  at 
even  shorter  intervals  the  texts  for  which  they  are  responsible,  to  ensure  that  the 
Community rules are clear and readily understandable. 

The  Conclusions  of 
the  Edinburgh  European  Council 
(December 1992) confirmed this2, stressing the importance of codification as it offers 
certainty as to the law applicable to a given matter at a given time. 

the  Presidency  of 

Codification  must  be  undertaken  in  full  compliance  with  the  normal  Community 
legislative procedure. 

Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by 
codification, the European Parliament, the Council and the Commission have agreed, 
by  an  interinstitutional  agreement  dated  20  December  1994,  that  an  accelerated 
procedure may be used for the fast-track adoption of codification instruments. 

is 

this  proposal 

to  undertake  a  codification  of  Council 
The  purpose  of 
Regulation (EEC) No 1208/81  of  28  April  1981  determining  the  Community  scale 
for the classification of carcases of adult bovine animals3. The new Regulation will 
supersede  the  various  acts  incorporated  in  it4;  this  proposal  fully  preserves  the 
content  of  the  acts  being  codified  and  hence  does  no  more  than  bringing  them 
together  with  only  such  formal  amendments  as  are  required  by  the  codification 
exercise itself. 

COM(87) 868 PV. 
See Annex 3 to Part A of the Conclusions. 
Carried out pursuant to the Communication from the Commission to the European Parliament and the 
Council – Codification of the Acquis communautaire, COM(2001) 645 final. 
See Annex III to this proposal. 

1. 

2. 

3. 

4. 

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2 
3 

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5. 

The codification proposal was drawn up on the basis of a preliminary consolidation, 
in  all  official  languages,  of  Regulation  (EEC) No 1208/81  and  the  instrument 
amending  it,  carried  out  by  the  Office  for  Official  Publications  of  the  European 
Communities, by means of a data-processing system. Where the Articles have been 
given new numbers, the correlation between the old and the new numbers is shown 
in a table contained in Annex IV to the codified Regulation 

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(cid:208) 1208/81 (adapted) 

2005/0171 (CNS) 

Proposal for a 

COUNCIL REGULATION 

determining the Community scale for the classification of carcases of adult bovine 
animals 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having regard to Council Regulation (EC) No ⌦ 1254/1999 ⌫ of ⌦ 17 May 1999 ⌫ on 
the common organisation of the market in beef and veal1,  

Having regard to Council Regulation (EEC) No 1358/80 of 5 June 1980 fixing the guide price 
and  intervention  price  for  adult  bovine  animals  for  the  1980/81  marketing  year  and 
introducing  a  Community  grading  scale  for  carcases  of  adult  bovine  animals2,  and  in 
particular Article 4(1) thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Parliament3, 

Having regard to the opinion of the European Economic and Social Committee4, 

Whereas: 

(1) 

Council Regulation (EEC) No 1208/81 of 28 April 1981 determining the Community 
scale for the classification of carcases of adult bovine animals5 has been substantially 
amended6.  In  the  interests  of  clarity  and  rationality  the  said  Regulation  should  be 
codified. 

(cid:208)  

1 

2 
3 
4 
5 

6 

OJ  L  ⌦ 160,  26.6.1999,  p.  21.  Regulation  as  last  amended  by  Regulation  (EC)  No  1782/2003 
(OJ L 270, 21.10.2003, p. 1)⌫. 
OJ L 140, 5.6.1980, p. 4. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 123, 7.5.1981, p. 3. Regulation as amended by Regulation (EC) No 1026/91 (OJ L 106, 26.4.1991, 
p. 2). 
See Annex III. 

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(2) 

A  Community  grading  scale  for ⌦ the  classification  of ⌫  carcases  of  adult  bovine 
animals should be applied for recording prices and for intervention in the beef and veal 
sector. 

(cid:208) 1208/81 Recital 1 (adapted) 

(3) 

The classification ⌦ of carcases of adult bovine animals should ⌫ be made  on the 
basis  of  conformation  and  the  degree  of  fat  cover.  The  combination  of  these  two 
criteria  enables  carcases  to  be  divided  into  classes.  Carcases  thus  classified 
⌦ should ⌫ be identified. 

(cid:208) 1208/81 Recital 2 (adapted) 

(4) 

In  order  to  ensure  the  uniform  application  of  this  Regulation  in  the  Community, 
provision  should  be  made  for  on-the-spot  checks  by  a  Community  inspection 
committee, 

(cid:208) 1208/81 Recital 3 

HAS ADOPTED THIS REGULATION: 

(cid:208) 1208/81 

This  Regulation  lays  down  the  Community  classification  scale  for  the  carcases  of  adult 
bovine animals. 

Article 1 

Article 2 

(cid:208) 1208/81 (adapted) 

For the purposes of this Regulation ⌦ , ⌫ the following definitions shall apply: 

(a) 

carcase:  the  whole  body  of  a  slaughtered  animal  as  presented  after  bleeding, 
evisceration and skinning, presented: 

(cid:208) 1208/81 

– 

– 

– 

without  the  head  and  without  the  feet;  the  head  shall  be  separated  from  the 
carcase  at  the  atloido-occipital  joint  and  the  feet  shall  be  severed  at  the 
carpametacarpal or tarsometatarsal joints, 

without  the  organs  contained  in  the  thoracic  and  abdominal  cavities  with  or 
without the kidneys, the kidney fat and the pelvic fat, 

without the sexual organs and the attached muscles and, in females, without the 
udder or the mammary fat; 

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(b) 

half-carcase:  the  product  obtained  by  separating  the  carcase  referred  to  in 
⌦ point ⌫  (a)  symmetrically  through  the  middle  of  each  cervical,  dorsal,  lumbar 
and  sacral  vertebra  and  through  the  middle  of  the  sternum  and  the  ischiopubic 
symphysis. 

(cid:208) 1208/81 (adapted) 

⌦ Article 3 ⌫ 

⌦ For ⌫ the purpose of establishing market prices, the carcase shall be presented without 
the  removal  of  external  fat  ⌦,  the  neck  being  cut  in  accordance  with  veterinary 
requirements ⌫: 

(cid:208) 1208/81 

– 

– 

– 

– 

without kidneys, kidney fat, or pelvic fat, 

without thin skirt or thick skirt, 

without the tail, 

without the spinal cord, 

– 

without cod fat, 

(cid:208) Corrigendum 1208/81 (OJ L 35, 
11.2.1986, p. 12) 

(cid:208) 1208/81 (adapted) 

– 

– 

without fat on the inside of topside, 

without jugular vein and the adjacent fat ⌦ . ⌫ 

However,  Member  States  shall  be  authorised  to  accept  different  presentations  when  this 
reference presentation is not used. 

In  such  instances,  the  adjustments  necessary  to  progress  from  those  presentations  to  the 
reference  presentation  shall  be  determined  in  accordance  with  the  procedure  ⌦ referred 
to ⌫ in Article ⌦ 43(2) ⌫ of Regulation (EC) No ⌦ 1254/1999 ⌫. 

(cid:208) 1026/91 Art. 1 pt.1 (adapted) 

Article 4 

1. ⌦ Without  prejudice  to  the  intervention  rules  applying,  the ⌫  carcases  of  adult  bovine 
animals shall be divided into the following categories: 

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carcases of uncastrated young male animals of less than two years of age; 

(cid:208) 1026/91 Art. 1 pt.1 

carcases of other uncastrated male animals; 

carcases of castrated male animals; 

carcases of female animals that have calved; 

carcases of other female animals. 

A. 

B. 

C. 

D. 

E. 

(cid:208) 1026/91 Art.1 pt.1 (adapted) 

Criteria  shall  be  laid  down  for  differentiating  between  categories  of  carcases  in  accordance 
with  the  procedure  ⌦ referred  to ⌫  in  Article  ⌦ 43(2) ⌫  of  Regulation  (EC) 
No ⌦ 1254/1999 ⌫. 

2. The carcases of adult bovine animals shall be classified by successive assessment of: 

(a) 

(b) 

conformation, ⌦ as defined in Annex I ⌫ ; 

fat cover, ⌦ as defined in Annex II. ⌫ 

⌦ 3. ⌫  The  conformation  class  designated  in  Annex  I  by  the  letter  S  may  be  used  by 
Member  States  to  take  account,  through  the  optional  introduction  of  a  conformation  class 
superior to the existing classes (double-muscled carcases), of the characteristics or expected 
development of a particular form of production. 

Member States which intend to make use of this possibility shall notify the Commission and 
the other Member States accordingly. 

⌦ 4. ⌫ Member States shall be authorised to subdivide each of the classes provided for in 
Annexes I and II into a maximum of three sub-classes. 

(cid:208) 1208/81 Art. 4 (adapted) 

Article 5 

1.  Carcases  or  half-carcases  shall  be  classified  as  soon  as  possible  after  slaughter  and  such 
classification shall be carried out in the slaughterhouse itself. 

2. The classified carcases or half-carcases shall be identified. 

3.  Before  identification  by  marking,  Member  States  shall  be  authorised  to  ⌦ have ⌫  the 
external  fat ⌦ removed ⌫  from  the  carcases  or  half-carcases  if  this  is  justified  by  the  fat 
cover. 

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The  conditions  in  which  removal  of  the  external  fat  will  be  applied  shall  be  determined  in 
accordance with the procedure ⌦ referred to ⌫ in Article ⌦ 43(2) ⌫ of Regulation (EC) 
No ⌦ 1254/1999 ⌫. 

(cid:208) 1208/81 Art. 5 (adapted) 

Article 6 

⌦ 1. ⌫  On-the-spot  ⌦ inspections ⌫  shall  be  carried  out  by  a  Community  inspection 
committee composed of experts from the Commission and experts appointed by the Member 
States. This Committee shall report back to the Commission on checks carried out. 

The  Commission  shall,  if  appropriate,  take  the  measures  necessary  to  ensure  that  the 
classification is carried out in a uniform manner. 

⌦ Those ⌫ inspections shall be carried out on behalf of the Community, which shall bear 
the resulting costs. 

⌦ 2. ⌫ The detailed rules for applying ⌦ paragraph 1 ⌫ shall be adopted in accordance 
with  the  procedure  ⌦ referred  to ⌫  in  Article  ⌦ 43(2) ⌫  of  Regulation  (EC) 
No ⌦ 1254/1999 ⌫. 

(cid:208) 1208/81 Art.6 (adapted) 

Article 7 

Additional  provisions  specifying  the  definition  of  the  classes  of  conformation  and  fat  cover 
shall be adopted in accordance with the procedure ⌦ referred to ⌫ in Article ⌦ 43(2) ⌫ 
of Regulation (EC) No ⌦ 1254/1999 ⌫ . 

(cid:208) 

Article 8 

Regulation (EEC) No 1208/81 is repealed. 

References to the repealed Regulation shall be construed as references to this Regulation and 
shall be read in accordance with the correlation table in Annex IV. 

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(cid:208) 1208/81 Art. 7 (adapted) 

Article 9 

This Regulation shall enter into force ⌦ on the twentieth day following that of its publication 
in the Official Journal of the European Union ⌫. 

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

Done at Brussels,  

For the Council 
The President 

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(cid:208) 1026/91 Art. 1 pt. 2 

ANNEX I 

CONFORMATION 

Development of carcase profiles, in particular the essential parts (round, back, shoulder) 

Conformation class 

Description 

S 

Superior 

E 

Excellent 

U 

Very good 

R 

Good 

O 

Fair 

P 

Poor 

All profiles extremely convex; exceptional 
muscle development (double-muscled carcase 
type) 

All profiles convex to super-convex; exceptional 
muscle development 

Profiles on the whole convex; very good muscle 
development 

Profiles on the whole straight; good muscle 
development 

Profiles straight to concave; average muscle 
development 

All profiles concave to very concave; poor 
muscle development 

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(cid:208) 1208/81 

ANNEX II 

DEGREE OF FAT COVER 

Amount of fat on the outside of the carcase and in the thoracic cavity 

Class of fat cover 

Description 

1 

low 

2 

slight 

3 

average 

4 

high 

5 

very high 

None up to low fat cover 

Slight fat cover, flesh visible almost everywhere 

Flesh, with the exception of the round and shoulder, 
almost everywhere covered with fat, slight deposits of fat 
in the thoracic cavity 

Flesh covered with fat, but on the round and shoulder still 
partly visible, some distinctive fat deposits in the thoracic 
cavity 

Entire carcase covered with fat; heavy fat deposits in the 
thoracic cavity 

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(cid:207) 

ANNEX III 

Repealed Regulation with its amendment 

Council Regulation (EEC) No 1208/81 

(OJ L 123, 7.5.1981, p. 3) 

Council Regulation (EEC) No 1026/91 

(OJ L 106, 26.4.1991, p. 2) 

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ANNEX IV 

CORRELATION TABLE 

Regulation (EEC) No 1208/81 

This Regulation 

Article 1 

Article 2(1) 

Article 2(2) 

Article 3(1)  

Article 3(2), first subparagraph 

Article 1 

Article 2 

Article 3 

Article 4(1) 

Article 4(2) 

Article 3(2), second and third subparagraphs  Article 4(3), first and second subparagraphs 

first, 

second,  and 

third 

Article 3(3) 

Article 4 

Article 5, first, second and third paragraphs 

Article 5, fourth paragraph 

Article 6, first paragraph 

Article 4(4) 

Article 5 

Article  6(1), 
subparagraph 

Article 6(2) 

Article 7 

Article 6, second, third and fourth paragraphs  — 

— 

Article 7 

Article 8 

Article 9 

Annexes I and II 

Annexes I and II 

— 

— 

Annex III 

Annex IV 

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