Commission Regulation (EC) No 566/2008 of 18 June 2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the marketing of the meat of bovine animals aged 12 months or less
Date: 2008-06-18
Institutions: European Commission
Subjects: beef, common organisation of markets, import (EU), labelling, marketing standard, slaughter of animals, veterinary inspection

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Official Journal of the European Union

19.6.2008

COMMISSION REGULATION (EC) No 566/2008

of 18 June 2008

laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards
the marketing of the meat of bovine animals aged 12 months or less

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of the
agricultural markets and on specific provisions for certain agri-
cultural products (Single CMO Regulation) (1), and in particular
Article 121, point (j) in conjunction with Article 4 thereof,

Whereas:

(1)

(2)

II of Annex XIa

laid down in that Regulation,

Article 113b of Regulation (EC) No 1234/2007 provides
that, as of 1 July 2008, the meat of bovine animals aged
12 months or less has to be marketed in accordance with
certain conditions
in
particular as regards the classification of bovine animals
into categories and the sales descriptions to be used.
to Regulation (EC) No
Point
1234/2007 requires
all bovine
animals aged 12 months or less have to be classified in
one of the two categories listed in Annex XIa to that
to ensure correct and uniform
Regulation.
implementation of Regulation (EC) No 1234/2007,
detailed rules should be laid down that should apply as
from 1 July 2008.

that, on slaughter,

In order

The age of
the animal on slaughter and the sales
description should, at each stage of production and
marketing, be indicated on the label,
in accordance
IV of Annex XIa to Regulation (EC) No
with point
1234/2007. As the size of the products to be labelled
varies depending on the stage of the production and
marketing, it is necessary to require that the indications
of the age and the sales description are perfectly legible
on the label. Moreover, in order to ensure transparency
towards the final consumer, the indication of the animal's
age on slaughter and the sales description should be
presented in the same visual
field and on the same
label at the moment of the release of the meat to the
final consumer.

(3)

In accordance with Article 121(j) of Regulation (EC) No
1234/2007,
indicating the
category identification letter referred to in Annex XIa

the practical method of

(4)

(5)

(6)

(7)

to Regulation (EC) No 1234/2007 should be laid down.
For control purposes, it is necessary to require that the
category identification letter is indicated on the carcass as
soon as possible after
the bovine animal has been
slaughtered.

at

each stage of

For
the sake of ensuring a correct application of
Article 113b of Regulation (EC) No 1234/2007,
operators
the production and
marketing should record indications of any person
from whom they have been supplied with meat of
bovine animals aged 12 months or less. Whilst such
traceability of food is ensured within the Community
by Regulation (EC) No 178/2002 of
the European
Parliament and of
the Council of 28 January 2002
laying down the general principles and requirements of
food law,
the European Food Safety
Authority and laying down procedures in matters of
food safety (2), a special provision is needed in order to
also guarantee the traceability of the said meat imported
from third countries.

establishing

In order to verify the application of Article 113b of
Regulation (EC) No 1234/2007 and
inform the
Commission thereof, official checks should be carried
out, which should include also the supervision of the
classification of the bovine animals in slaughterhouses
provided for in point II of Annex XIa to that Regulation.
Moreover, the competent authorities, designated by the
Member States for those checks, should be allowed to
delegate their check tasks to independent
third-party
bodies under certain conditions that should be laid down.

access

concerned should grant

Operators
to their
premises and to all records in order to enable experts
of the Commission, the competent authority, or, failing
that, the independent third-party body to verify the appli-
cation of Article 113b of Regulation (EC) No
1234/2007.

Point VIII of Annex XIa
to Regulation (EC) No
1234/2007 requires that meat of bovine animals aged
12 months or less and imported from third countries
is only marketed in the Community in accordance with
that Regulation. This
competent
requires
authority designated by the third country concerned, or
failing that, an independent
third-party body, should
approve and control an identification and registration
system of
the bovine animal, which guarantees the
respect of the provisions of that Regulation.

that

the

(1) OJ L 299, 16.11.2007, p. 1. Regulation as last amended by Regu-

(2) OJ L 31, 1.2.2002, p. 1. Regulation as last amended by Commission

lation (EC) No 470/2008 (OJ L 140, 30.5.2008, p. 1).

Regulation (EC) No 202/2008 (OJ L 60, 5.3.2008, p. 17).

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(8)

(9)

Only independent third-party bodies that are accredited
to certain standards should be allowed to check the
activities of operators from third countries wishing to
place on the Community market meat of bovine
animals aged 12 months or less.

The Commission should be able to request from the
competent authority or independent third-party body in
a third country all
information necessary to verify the
application of Article 113b of Regulation (EC) No
1234/2007. Detailed rules on the information to be
notified to the Commission and the communication
thereof by the Commission to the Member States
should
deemed
necessary, the Commission should be allowed to carry
out on-the-spot checks in third countries under certain
conditions.

down. Moreover, where

laid

be

(10) Where repeated cases of non-compliance are found as
regards imported meat, the Commission should set,
in
accordance with certain conditions, specific rules for the
importation of
in order to guarantee the
respect of Article 113b of Regulation (EC) No
1234/2007 and of
thereby
for meat
ensuring equivalent marketing conditions
produced within the Community or
imported from
third countries.

this Regulation and

that meat

(11) Member States

should be required to take certain
measures in case they find cases of non-compliance in
relation to the application of Article 113b of Regulation
(EC) No 1234/2007 or of this Regulation.

(12)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for the Common Organisation of Agricultural
Markets,

HAS ADOPTED THIS REGULATION:

Article 1

Scope

This Regulation lays down detailed rules for the marketing of
the meat of bovine animals aged 12 months or less as provided
for in Article 113b of Regulation (EC) No 1234/2007.

Article 2

Definition

the purposes of

the term ‘competent
For
this Regulation,
authority’ shall mean the central authority of a Member State
competent for the organisation of official checks referred to in
point VII of Annex XIa to Regulation (EC) No 1234/2007 or

any other authority to which that competence has been
conferred;
it shall also include, where appropriate, the corre-
sponding authority of a third country.

Article 3

Categories of bovine animals aged 12 months or less

The classification in the categories referred to in point II of
Annex XIa to Regulation (EC) No 1234/2007 shall cover:

(a) category V: bovines from the day of birth until the day they

reach the age of eight months;

(b) category Z: bovines from the day after reaching the age of
eight months until the day they reach the age of 12 months.

Article 4

Compulsory information on the label

1.
Notwithstanding the provisions in point IV of Annex XIa
to Regulation (EC) No 1234/2007, immediately after slaughter,
the category identification letter referred to in point II of Annex
XIa to that Regulation shall be indicated on the outside surface
of the carcass by using labels or stamps.

The labels shall be of a size not less than 50 cm2. The category
identification letter shall be perfectly legible on the label and
alterations shall only be permitted as provided for in the second
subparagraph of Article 8(3) of this Regulation.

In case stamps are used, the letter shall be not less than two
centimetres in height. The letter shall be stamped directly on the
surface of the meat using an indelible ink.

The labels or stamps shall be applied on the hindquarters on the
striploin at the level of the fourth lumbar vertebra and on the
forequarters, on the brisket between 10 and 30 centimetres
from the cut edge of the sternum.

However, Member States may determine other positions on
each quarter provided they inform the Commission beforehand.
The Commission shall transmit this information to the other
Member States.

The indications of

2.
the bovine animal on
the age of
slaughter and the sales description referred to in point IV of
Annex XIa to Regulation (EC) No 1234/2007 shall be:

(a) perfectly legible at each stage of production and marketing;

(b) presented in the same visual field and on the same label at
to the final

the release of

the meat

the moment of
consumer.

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3. Member States shall notify to the Commission the rules
referred to in point IV of Annex XIa to Regulation (EC) No
1234/2007 by 1 July 2009 at the latest and shall notify it
without delay of any subsequent amendments of these rules.

(a) communicate the results of the checks carried out to the
competent authority on a regular basis and whenever the
competent authority so requests. If the results of the checks
indicate non-compliance, the independent third-party body
shall immediately inform the competent authority thereof;

Article 5

Recording of information

The recording of information referred to in point VI of Annex
XIa to Regulation (EC) No 1234/2007 shall also include an
indication of the name and address of the operator responsible
for the previous stage of marketing from whom they have been
supplied with meat referred to in point I of Annex XIa to that
Regulation.

Article 6

Official checks

1.
The official checks referred to in point VII of Annex XIa
to Regulation (EC) No 1234/2007 shall also include the super-
vision of the classification of bovine animals at the slaugh-
terhouse referred to in point II of Annex XIa to that Regulation.

2.
A competent authority may delegate, totally or partially,
its check tasks to one or more independent third-party bodies
only where there is a proof that the body:

(a) has

a

sufficient number of

adequately qualified and

experienced staff; and

(b) is impartial and free from any conflict of interest as regards

the exercise of the tasks delegated to it.

In particular, the competent authority may delegate its check
tasks only where such independent
third-party bodies are
accredited to comply with the most recent notified version of
ISO Guide 65 (General
European Standard EN 45011 or
requirements
certification
for bodies operating products
systems), published in the C series of the Official Journal of the
European Union.

3.
A competent authority wishing to delegate its check tasks
to one or more independent third-party bodies shall notify the
Commission thereof. The notification shall indicate:

(a)

the competent authority that intends to delegate its check
tasks; and

(b) one or more independent third-party bodies to which it

would delegate these check tasks.

(b) give the competent authority access to its offices and
any information and assistance
the

facilities
deemed necessary by the competent authority for
fulfilment of their obligations.

and provide

A competent authority delegating check tasks to an inde-
5.
pendent third-party body, shall, on a regular basis, supervise
that body.

If, as a result of that supervision, it appears that such body has
failed to properly carry out the check tasks delegated to it, the
delegating competent authority may withdraw the delegation.

The competent authority shall withdraw the delegation without
delay if the independent third-party body fails to take timely
and appropriate remedial action.

At each stage of production and marketing, operators
6.
shall at all
times grant access to their premises and to all
records which prove the fulfilment of the requirements laid
down in Regulation (EC) No 1234/2007 to the experts of the
Commission, the competent authority and the relevant inde-
pendent third-party bodies.

Article 7

Meat imported from third countries

1.
For the purpose of point VIII of Annex XIa to Regulation
(EC) No 1234/2007, the competent authority designated by a
third country, or failing that, an independent third-party body
referred to in point VIII of Annex XIa to that Regulation, shall
approve and control an identification and registration system of
the bovine animals concerned starting from the day of birth of
the animals. Such a system shall provide reliable information
about the exact age of the animals on slaughter and provide
guarantees as to the respect of point VIII of Annex XIa to that
Regulation.

2.
The independent third-party bodies referred to in point
VIII of Annex XIa to Regulation (EC) No 1234/2007 shall be
accredited to comply with the most recent notified version of
European Standard EN 45011 or
ISO Guide 65 (General
certification
for bodies operating products
requirements
systems) published in the C series of the Official Journal of the
European Union.

The Commission shall transmit to the Member States the noti-
fications referred to in the first subparagraph.

The independent third-party body performing check tasks

4.
shall:

The name and address,

3.
if possible including e-mail and
internet address, of the competent authority or independent
third-party body referred to in paragraph 1 shall be notified
to the Commission,
indicating each individual operator for
whom they are carrying out checks.

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The notification referred to in the first subparagraph shall be
made before the first consignment of meat of each individual
operator is imported into the Community and thereafter within
one month after any changes in the information to be notified.

The Commission shall communicate the notifications referred to
in the second subparagraph to the Member States.

4.
Upon request of the competent authorities of the Member
States or on its own initiative, the Commission may at any
moment request from the competent authority or independent
third-party body referred to in paragraph 1 to supply all infor-
mation
the
guarantee
requirements laid down in Regulation (EC) No 1234/2007.

fulfilment

necessary

the

to

of

the third country to
The Commission may further request
the Commission to carry out,
authorise representatives of
where required, on-the-spot checks
third country.
These checks shall be performed jointly with the competent
authorities
and, where
applicable, with the independent third-party body.

concerned in the

third country

in that

5. Where, as regards meat imported from third countries,
specific cases of non-compliance with the provisions of Regu-
lation (EC) No 1234/2007 or of this Regulation are detected,
the Commission may fix,
in accordance with the procedure
referred
to in Article 195(2) of Regulation (EC) No
1234/2007, specific import conditions on a case by case and
strictly temporary basis following consultations with the third
country concerned. These conditions shall be proportionate to
allow verification of compliance with the provisions of Regu-
lation (EC) No 1234/2007 and of this Regulation.

requirements laid down in Regulation (EC) No 1234/2007 or
in this Regulation, it shall immediately inform the competent
authority of that Member State and the Commission.

2. Where a Member State has evidence that meat imported
from a third country as referred to in point VIII of Annex XIa
to Regulation (EC) No 1234/2007 does not comply with
requirements laid down in Regulation (EC) No 1234/2007 or
in this Regulation, it shall immediately inform the Commission.

The Commission shall
accordingly.

inform the other Member States

3. Member States shall take whatever measures and action
are required to solve the non-compliance referred to in para-
graphs 1 and 2.

In particular, Member States shall require the removal of the
meat concerned from the market until
is re-labelled in
conformity with Regulation (EC) No 1234/2007 and this Regu-
lation.

it

Article 9

Whenever Regulation (EC) No 1234/2007 and this Regulation
provide for notifications to the Commission, these notifications
shall be addressed to:

European Commission
Directorate-General for Agriculture and Rural Development
Fax: +32-2-295 33 10
E-mail: agri-bovins@ec.europa.eu

Article 8

Article 10

Notifications of cases of non-compliance and follow-up
measures

1. Where a Member State considers that meat referred to in
point I of Annex XIa to Regulation (EC) No 1234/2007 and
coming from another Member State does not comply with

This Regulation shall enter into force on the third day following
the European
that of
Union.

its publication in the Official

Journal of

It shall apply from 1 July 2008.

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

Done at Brussels, 18 June 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission