Commission Regulation (EC) No 1249/2008 of 10 December 2008 laying down detailed rules on the implementation of the Community scales for the classification of beef, pig and sheep carcases and the reporting of prices thereof
Date: 2008-12-10
Institutions: European Commission
Subjects: beef, carcase, common organisation of markets, disclosure of information, pigmeat, representative market price, sheepmeat

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COMMISSION REGULATION (EC) No 1249/2008

of 10 December 2008

laying down detailed rules on the implementation of the Community scales for the classification of
beef, pig and sheep carcases and the reporting of prices thereof

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 agri­
cultural markets and on specific provisions for certain agri­
cultural products (Single CMO Regulation) (1), and in particular
Article 43, point (m) in conjunction with Article 4 thereof,

Whereas:

(1)

(2)

In accordance with Article 204(2)(h) of Regulation (EC)
No 1234/2007, that Regulation is to apply as regards the
Community scales for the carcase classification as from
1 January 2009. Detailed rules for the implementation of
those Community scales and the reporting of prices
based thereof by the Member States should therefore
be adopted and apply from 1 January 2009.

Rules on the implementation of the Community scales
for the classification of carcases are laid down so far in
several acts, and in particular in Commission Regulations
(EEC) No 563/82 of 10 March 1982 laying down
detailed rules for the application of Regulation (EEC)
No 1208/81 for establishing the market prices of adult
bovine animals on the basis of the Community scale for
the classification of carcases (2),
(EEC) No 2967/85 of
24 October 1985 laying down detailed rules for the
the Community scale for grading pig
application of
carcases (3),
(EEC) No 344/91 of 13 February 1991
laying down detailed rules for applying Council Regu­
lation (EEC) No 1186/90 to extend the scope of the
Community scale for the classification of carcases of
of
adult
16 February 1996 laying down detailed rules for the
application of Council Regulation (EEC) No 1892/87 as
regards the recording of market prices of adult bovine
animals, on the basis of the Community scale for the
(EC) No 103/2006 of
classification of
20 January 2006 adopting additional provisions for the
application of the Community scale for the classification

carcases (5),

animals (4),

(EC) No

295/96

bovine

(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 67, 11.3.1982, p. 23.
(3) OJ L 285, 25.10.1985, p. 39.
(4) OJ L 41, 14.2.1991, p. 15.
(5) OJ L 39, 17.2.1996, p. 1.

and

States

certain

animals (6),

information

carcases of

adult bovine

between
of

of
(EC) No
908/2006 of 20 June 2006 establishing the list of rep­
resentative markets for pigmeat in the Community (7),
(EC) No 1128/2006 of 24 July 2006 on the marketing
stage to which the average price for pig carcases refers (8),
(EC) No 1319/2006 of 5 September 2006 on the
exchange
the
the Member
concerning
Commission
pigmeat (9), (EC) No 710/2008 of 24 July 2008 fixing
the weighting coefficients to be used in calculating the
Community market price for pig carcases
the
2008/09 marketing year (10),
(EC) No 22/2008 of
11 January 2008 laying down detailed rules for the
Community scale for the classification of carcases of
ovine
in Commission Decision
83/471/EEC of 7 September 1983 relating to the
Community Inspection Committee on the application
of the classification scale for carcases of adult bovine
animals (12).
In the interests of clarity and rationality
those Regulations and Decision should be replaced by a
single act.

animals (11),

and

for

(3)

(4)

Article 42(1) of Regulation (EC) No 1234/2007 provides
that Community scales for the classification of carcases
of adult bovines and of pigs should apply in accordance
with certain rules laid down in Annex V to that Regu­
lation, while Member
a
Community scale for the classification of carcases of
sheep.

States may

also apply

Article 42(1), point (a) of Regulation (EC) No 1234/2007
provides that the Community scale for the classification
of carcases in the beef and veal sector should apply to
carcases of adult bovine animals. Point IV(2) of Annex III
to that Regulation defines an adult bovine animal
in
relation to the live weight of the animal. Notwithstanding
that definition and in order to ensure a uniform appli­
cation, it is appropriate to allow Member States to make
the application of the Community scale compulsory for
carcases of bovines as of a specific age determined on the
basis of
identification and registration system
provided for by Regulation (EC) No 1760/2000 of the
European Parliament and of the Council of 17 July 2000
establishing a system for the identification and regis­
tration of bovine animals and regarding the labelling of
beef and beef products (13). That identification and regis­
tration system should also be used for the division of
carcases into category A and B as referred to in point
A(II) of Annex V to Regulation (EC) No 1234/2007.

the

(6) OJ L 17, 21.1.2006, p. 6.
(7) OJ L 168, 21.6.2006, p. 11.
(8) OJ L 201, 25.7.2006, p. 6.
(9) OJ L 243, 6.9.2006, p. 3.
(10) OJ L 197, 25.7.2008, p. 28.
(11) OJ L 9, 12.1.2008, p. 6.
(12) OJ L 259, 20.9.1983, p. 30.
(13) OJ L 204, 11.8.2000, p. 1.

(5)

(6)

(7)

(8)

(9)

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the
In order to ensure the uniform classification of
adult bovines
sheep in the
and of
carcases of
Community,
it is necessary to make more precise the
definitions of the classes of conformation and fat cover
referred to in points A(III) and C(III) of Annex V to
Regulation (EC) No 1234/2007.

classification on the carcases and slaughterhouses who
debone all carcases themselves. As regards pig carcases,
the weight should relate to the weight of the cold carcase
calculated by applying to the result of the weighing a
conversion coefficient to be determined. That coefficient
should vary depending on the time between the weighing
and the sticking of the pig. An adjustment of the coef­
ficient should therefore be allowed.

Point A(III) of Annex V to Regulation (EC) No
1234/2007 provides for a conformation class S for
carcases obtained from bovines of the double-muscled
conformation class
type. Given that
this particular
the bovine
reflects
livestock in some Member States,
it is appropriate to
provide that Member States have the option to make
use of the conformation class S.

characteristics of

the particular

(11)

The natural or legal persons who have the slaughtering
of bovines carried out should be informed of the result
of the classification of the animals delivered for slaughter.
That communication should also include certain ad­
ditional information in order to ensure full transparency
towards the suppliers.

In accordance with the second indent of Article 43, point
(m)(iii) of Regulation (EC) No 1234/2007, derogations
from the general obligation to classify carcases of adult
bovines may be granted to Member States which so
request
for certain small-scale establishments. On the
basis of experience gained with the application of the
Community classification scale, Member States consider
it appropriate in having such derogation for slaughter­
houses which slaughter not more than 75 adult bovine
animals per week as an annual average. The Commission
considers that derogation justified, taking into account
the limited volume of the production in those slaughter­
houses. For the same reasons, such derogation was also
provided for in the first indent of Article 2(2) of Regu­
lation (EEC) No 344/91. Therefore, in order to simplify
application of the second indent of Article 43, point
(m)(iii) of Regulation (EC) No 1234/2007,
it is appro­
priate to authorise Member States themselves to grant
such derogation.

(12)

In order to ensure the accuracy and reliability of the
classification of carcases of adult bovines and of sheep,
that classification should be carried out by staff having
the necessary qualifications certified by a licence or
approval.

(13) With a view to authorising alternative methods to direct
visual assessment of the conformation and fat cover of
carcases of adult bovines, automated grading techniques
may be introduced when they are based on statistically
proven methods. Authorisation of automatic grading
techniques
to compliance with
subject
certain conditions and requirements as well as with a
maximum tolerance for statistical error in classification
that should be specified.

should be

that Member States

(m)(iv) of Regulation (EC) No
Article 43, point
1234/2007 provides
should be
authorised not to apply the grading scale for the classi­
fication of pig carcases. That provision should in
particular apply to small-scale slaughterhouses, which
on average slaughter not more than 200 pigs per week.

to ensure the accurate application of

the
In order
Community classification scales,
the conditions and
practical methods for the classification, weighing and
identification of carcases of adult bovines, pigs and
sheep should be specified, with a view to improving
market transparency.

(14)

(15)

(10) However, provision should be made for certain dero­
in particular concerning the time limit
gations thereof,
in case of a
for classifying and weighing carcases
technical breakdown of
the automated grading tech­
niques, the location of stamps or labels indicating the

Provision should be made for the possibility to modify,
after a licence was granted, the technical specifications of
the automated grading techniques for the classification of
carcases of adult bovines with a view to improving their
accuracy. However, such modifications should require the
prior approval of the competent authorities that should
ascertain that these modifications result in at least the
same level of accuracy.

the lean-meat content
the assessment

The value of a pig carcase is determined in particular by
its lean-meat content in relation to its weight. In order to
is assessed on an
ensure that
should be made by
objective basis,
measuring certain anatomical parts of
the carcase by
means of authorised and statistically proven methods.
While various methods can be applied for the assessment
of the lean-meat content of a pig carcase, it is necessary
to ensure that the choice of the method does not affect
the estimated lean-meat content. For the determination
of the commercial value of the pig carcase, the use of
assessment criteria other than weight and the estimated
lean-meat content should also be authorised.

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(16)

(17)

(18)

(19)

(20)

(21)

Point C(III) of Annex V to Regulation (EC) No
1234/2007 provides that carcases of sheep should be
classified into various classes on the basis of the confor­
mation and the degree of
fat cover. However, other
criteria, in particular weight, meat colour and fat cover,
may be used for the carcases of lambs less than 13 kg
weight.

from the establishments

The reliability of the classification of carcases of adult
bovines, pigs and sheep should be verified by regular
on-the-spot checks carried out by bodies that are inde­
pendent
they inspect. The
conditions and minimum requirements for these checks
should be laid down,
including the reporting on the
checks carried out as well as possible follow-up actions.
In case the classification of carcases of adult bovines is
carried out by using automated grading techniques,
certain additional provisions on spot checks should be
laid down, which should also include that the frequency
of those checks is increased in the initial period after the
licence was granted.

it

to obtain comparable beef, pig and sheep
In order
carcase prices in the Community,
is necessary to
provide that the price recording should refer to a well-
defined marketing stage. Moreover,
the EU reference
presentation of carcases of adult bovines and of sheep
should be determined. Certain corrective factors should
also be determined to adjust the presentations used in
some Member States to the EU reference presentation.

In order to ensure that the carcase prices recorded are
representative of the Member States’ production in the
beef, pigmeat and sheep sector, it is necessary to define
the categories and classes as well as certain criteria
defining which establishments or persons for which the
price reporting should be compulsory.

For the purpose of the reporting of beef carcase prices,
Member States should be allowed to decide whether their
territory is divided, and if so, into how many regions. It
is appropriate to provide that the price reporting for the
United Kingdom should relate to two regions, namely
Great Britain and Northern Ireland.

States have

to determine

established regional
In case Member
adult
committees
bovines,
their
membership ensures a balanced and objective approach
and that the prices determined by these committees are
taken into account in the national price calculation.

carcase prices of
that

be made

provision

should

that are obliged to report prices should be obliged to
make certain corrections of the prices in order to avoid
any distortion in the calculation of the average national
prices.

(23)

The practical method to be used by Member States to
calculate average weekly prices should be laid down.
These prices should be reported to the Commission on
a weekly basis, which should serve as the basis for the
determination of weighted average prices at Community
level.

(24) With a view to monitoring the reporting of carcase prices
of adult bovines, pigs and sheep, Member States should
be obliged to communicate periodically certain infor­
mation to the Commission.

(25)

the

carcases

to ensure a uniform application of

the
In order
the classification of beef and
Community scales for
sheep
Community,
throughout
Article 42(2) of Regulation (EC) No 1234/2007
provides for on-the-spot inspections to be carried out
by a Community inspection committee composed of
experts from the Commission and experts appointed by
the Member States. Implementing rules should be laid
down regarding the composition and functioning of
that committee.

(26)

It is necessary to provide that Member States should take
certain measures in order to ensure the correct appli­
cation of the Community classification scales, to ensure
the accuracy of the reported prices and to penalise any
infringements. Moreover, Member States
should be
obliged to inform the Commission of these measures.

(27)

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:

CHAPTER I

SCOPE

Article 1

Scope

(22)

In case any supplementary payments are made to
suppliers of adult bovines, establishments or persons

This Regulation lays down detailed rules for the implementation
of the Community scales for the classification of beef, pig and
sheep carcases and the reporting of market prices thereof, as
provided for in Article 43, point (m) of Regulation (EC) No
1234/2007.

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CHAPTER II

BEEF SECTOR

Article 2

Scope and general provisions

1.
The Community scale for the classification of carcases in
the beef and veal sector shall apply to carcases of adult bovines.

2.
Notwithstanding Part IV(2) of Annex III to Regulation (EC)
No 1234/2007, Member States may decide that the Community
scale referred to in paragraph 1 shall apply to carcases of bovine
animals aged on slaughter 12 months or more.

For the application of point A(II) of Annex V to Regu­
3.
lation (EC) No 1234/2007, carcases of uncastrated young male
animals of less than two years of age (category A) and carcases
of other uncastrated male animals (category B) shall be distin­
guished by the animal’s age.

Article 6

Classification and identification

1.
The classification and identification referred to in point
A(V) of Annex V to Regulation (EC) No 1234/2007 shall be
carried out in the slaughterhouse itself.

Classification,

identification and weighing of a carcase
2.
shall take place not later than one hour after the animal has
been stuck.

However,
in cases where the automated grading techniques
referred to in Article 9 fail to classify carcases, classification
and identification of these carcases shall take place on the day
of slaughter.

3.
The identification of the carcases shall be carried out by
means of a mark indicating the category and the class of
conformation and fat cover referred to in point A(II) and (III)
of Annex V to Regulation (EC) No 1234/2007 respectively.

The age of the bovine animal as referred to in paragraphs
4.
the information
2 and 3 shall be verified on the basis of
available in the bovine animal
identification and registration
system established in each Member State in accordance with
Title I of Regulation (EC) No 1760/2000.

This marking shall be carried out by stamping on the outside
surface of the carcase using an indelible and non-toxic ink
following a method approved by the competent authorities;
the letters and figures must be not less than two centimetres
in height.

Article 3

Additional

provisions

the
conformation and fat cover

regarding

classes

of

Additional detailed provisions to the definitions of the classes of
conformation and fat cover referred to in point A(III) of Annex
V to Regulation (EC) No 1234/2007 are laid down in Annex I
to this Regulation.

Article 4

Conformation class S

The conformation class S referred to in point A(III) of Annex V
to Regulation (EC) No 1234/2007 may be used by Member
States to take account of the particular characteristics of their
bovine livestock.

Article 5

Derogation from the compulsory classification of carcases

Member States may decide that the requirements on classifi­
cation of carcases of adult bovine animals laid down in point
A(V) of Annex V to Regulation (EC) No 1234/2007 shall not be
compulsory for approved establishments which slaughter not
more than 75 adult bovine animals per week as an annual
average.

The marks shall be applied on the hindquarters on the striploin
at the level of the fourth lumbar vertebra and on the fore­
quarters, on the brisket between 10 and 30 centimetres form
the cut edge of the sternum. However, Member States may
determine other positions on each quarter provided they
inform the Commission beforehand.

4. Without prejudice to Article 4(3)(c) of Commission Regu­
lation (EC) No 1669/2006 (1) and point I(a) of Annex I to
Commission Regulation (EC) No 826/2008 (2), Member States
may authorise replacement of the marking by the use of labels
under the following conditions:

(a)

the labels may be kept and attached only in the approved
establishments which slaughter the animals; they must be of
a size not less than 50 cm2;

(b) in addition to the requirements laid down in paragraph 3,
the labels must indicate the approval number of the slaugh­
terhouse,
the
animal, the date of slaughter, the weight of the carcase
and, where applicable,
the classification has been
carried out by using automated grading techniques;

the identification or slaughter number of

that

(1) OJ L 312, 11.11.2006, p. 6.
(2) OJ L 223, 21.8.2008, p. 3.

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(c)

the indications referred to in point (b) must be perfectly
legible and no alterations shall be permitted except if they
are clearly marked on the label and carried out under the
supervision of and the practical conditions determined by
the competent authorities;

(d) the labels must be tamper-proof, tear-resistant and firmly
attached to each quarter in the places defined in the third
subparagraph of paragraph 3.

Where classification is carried out by using automated grading
techniques referred to in Article 11, the use of labels shall be
compulsory.

The marks and labels referred to in paragraphs 3 and 4

5.
must not be removed before the quarters are boned.

The category shall be indicated in accordance with point
6.
A(II) of Annex V to Regulation (EC) No 1234/2007 and the
provisions in Article 2(3) and (4) of this Regulation.

indication of

the
The
breakdown of categories by age shall be by means of symbols
other than those used for classification.

subclasses or, where

applicable,

The obligations

7.
carcases set out
approved slaughterhouses which themselves bone all of
carcases obtained.

relating to the identification of
the
in paragraphs 3 to 6 shall not apply to
the

Article 7

Communication of the classification results

1.
The results of the classification carried out in accordance
with point A(V) of Annex V to Regulation (EC) No 1234/2007
shall be communicated in writing or by electronic means to the
natural and legal person who has the slaughtering carried out.

For

2.
the purpose of communicating the classification
results, the invoice, or a document attached thereto, addressed
to the supplier of the animal, or failing that, to the physical or
legal person responsible for
the slaughter operations shall
indicate per carcase:

(a)

the category as well as the class of conformation and fat
cover, by means of the corresponding letters and figures
referred to in points A(II) and (III) of Annex V to Regulation
(EC) No 1234/2007;

(c)

the carcase presentation applied at the moment of weighing
and classifying on the hook;

(d) where applicable, that classification has been carried out

using automated grading techniques.

3. Member States may require that
referred to in paragraph 2, point (a)
conformation and fat
cover, where
available.

the communication
includes subclasses for
such information is

The indication of the carcase presentation referred to under
paragraph 2, point (c) shall not be compulsory if only one
single
legislation
adopted at Member State level.

carcase presentation is

allowed under

Article 8

Classification by qualified classifiers

Member States shall ensure that classification is carried out by
this
qualified classifiers who have obtained a licence for
purpose. The licence may be replaced by an approval granted
by the Member State where such approval corresponds to
recognition of a qualification.

Article 9

Authorisation of automated grading techniques

1. Member States may grant a licence authorising automated
grading techniques for application in their territory or a part
thereof.

Authorisation shall be subject to meeting the conditions and
minimum requirements for a certification test laid down in
Annex II, part A.

At least two months prior to the start of the certification test,
Member States shall provide the Commission with the infor­
mation referred to in Annex II, part B. Member States shall
designate an independent body which shall analyse the results
of the certification test. Within two months upon completion of
the
the
Commission with the information referred to in Annex II,
part C.

certification test, Member

shall provide

States

(b) the

carcase weight

established
Article 13(2) of
this Regulation,
relates to the warm or cold weight;

in
specifying whether

accordance with
it

2. Where a licence is granted authorising automated grading
techniques based on a certification test during which more than
one carcase presentation was used,
the differences between
those carcase presentations shall not lead to differences in the
classification results.

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After having informed the Commission, Member States
3.
may grant a licence authorising automated grading techniques
for application in their territory or a part thereof without orga­
nising the certification test, provided such a licence has already
been granted for the same automated grading techniques for
application in another part of that Member State concerned
or in another Member State on the basis of a certification test
with a sample of carcases that they consider to be equally
representative,
in terms of category, classes of conformation
and of fat cover, of the adult bovine animals slaughtered in
the Member State concerned or a part thereof.

the

technical

specifications of

the
4. Modifications of
automated grading techniques for which a licence was granted
shall only be allowed after having obtained the approval of the
competent authorities of
the Member State concerned and
subject to proof that such modifications result in at least the
same level of accuracy than that obtained during the certifi­
cation test.

Member States shall inform the Commission of any such modi­
fications for which they have given their approval.

Article 10

Classification by automated grading techniques

Establishments operating classification by using automated

1.
grading techniques shall:

Article 11

On-the-spot checks

1.
The performance of the classifiers referred to in Article 8
as well as the classification and identification of the carcases in
the establishments covered by point A(V) of Annex V to Regu­
lation (EC) No 1234/2007 shall be checked on the spot without
prior warning by a body independent of
the classification
agencies and of the establishments.

However, the requirement to be independent of the classifi­
cation agencies shall not apply where the competent authority
itself carries out such controls.

2.
Checks must be carried out at least twice every three
months in all approved establishments which slaughter more
than 75 adult bovine animals per week as an annual average.
Each check must relate to at
least 40 carcases, selected at
random.

However, in approved establishments which slaughter 75 adult
bovine animals or less per week as an annual average, Member
the checks and the
States shall determine the frequency of
minimum number of carcases to be checked on the basis of
their
the
risk assessment, particularly taking into account
number of slaughterings of adult bovines in the slaughterhouses
concerned and the findings during previous checks in these
slaughterhouses.

(a)

identify the category of the carcase; for this purpose use
shall be made of the system for the identification and regis­
tration of bovine animals as referred to in Title I of Regu­
lation (EC) No 1760/2000;

Member States shall notify to the Commission the measures
they have taken for the application of the provisions in the
second subparagraph by 1 July 2009 at the latest and thereafter
within one month after any changes in the information to be
notified.

(b) keep daily control

automated grading techniques,
shortcomings
necessary.

encountered

reports on the functioning of

the
including in particular any
taken where

actions

and

Classification by automated grading techniques shall be

2.
valid only if:

3.
In all approved establishments operating classification by
using automated grading techniques, at least six checks must be
carried out every three months during the first 12 months after
the licence referred to in Article 9(1) was granted. Thereafter
checks must be carried out at least twice every three months in
all approved establishments operating classification by using
automated grading techniques. Each check must relate to at
in
least 40 carcases, selected at random. The checks shall
particular verify:

(a)

the carcase presentation is identical to the presentation used
during the certification test; or

(a)

the category of the carcase;

(b) it

is demonstrated,

to the satisfaction of

the competent
authorities of the Member State concerned, that using a
different carcase presentation has no effect on the classifi­
cation result by the automated grading techniques.

(b) the accuracy of the automated grading techniques by using
the system of points and limits referred to in Annex II,
part A3;

(c)

the carcase presentation;

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(d) the daily calibration as well as any other technical aspects of
for
the automated grading techniques,
ensuring that
the level of accuracy obtained by using
automated grading techniques is at least as good as the
one achieved during the certification test;

that are relevant

(e)

the daily control reports referred to in Article 10(1)(b).

4. Where the body responsible for checks does not fall under
the authority of a public body, the checks provided for in
paragraphs 2 and 3 must be carried out under the physical
supervision of a public body under the same conditions and
at least once a year. The public body shall be informed regularly
of the findings of the body responsible for checks.

For the purpose of establishing market prices, the carcase
3.
shall be presented without the removal of external fat, the neck
being cut in accordance with veterinary requirements:

(a) without kidneys;

(b) without kidney fat;

(c) without pelvic fat;

(d) without thin skirt;

(e) without thick skirt;

(f) without the tail;

Article 12

(g) without the spinal cord;

Inspection reports and follow-up actions

(h) without cod fat;

shall

1.
Reports referring to the checks referred to in Article 11
shall be made and kept by the national controlling bodies.
These reports
the number of
carcases checked and the number of those which were incor­
rectly classified or identified. They shall also give full details of
the type of carcase presentations used, and where applicable, of
their conformity with Community rules.

include in particular

2.
In cases where a significant number of incorrect classifi­
cations or of identifications failing to comply with the rules is
ascertained during the checks referred to in Article 11:

(a)

the number of carcases inspected and the frequency of spot
checks shall be increased;

(b) the licences or approvals provided for in Articles 8 and 9(1)

may be revoked.

Article 13

Market price to record

1.
The market price to be established on the basis of the
Community classification scale referred to in Article 42(1)(a)
of Regulation (EC) No 1234/2007 shall be the price paid to
the supplier for the animal upon delivery to the slaughterhouse,
net of value added tax. The said price shall be expressed per
100 kg of carcase presented in accordance with paragraph 3 of
this Article, weighed and classified on the hook at the slaugh­
terhouse.

2.
The weight to be taken into account shall be the warm
weight of the carcase taken not later than one hour after the
animal has been stuck.

The cold weight of the carcase shall correspond to the warm
weight as referred to in the first subparagraph less 2 %.

(i) without fat on the inside of topside;

(j) without jugular vein and the adjacent fat.

For the application of the second subparagraph of point
4.
A(V) of Annex V to Regulation (EC) No 1234/2007 and by way
of derogation of paragraph 3 of this Article, the removal of
external
involve exclusively the partial removal of
external fat:

fat shall

(a)

from the haunch, the sirloin and the middle ribs;

(b) from the point end of brisket, the outer ano-genital area and

the tail;

(c)

from the topside.

5.
In the case where the presentation of the carcase, at the
moment of weighing and classifying on the hook, differs from
the presentation provided for in paragraph 3, the weight of the
carcase shall be adjusted by application of the corrective factors
specified in Annex III in order to progress from that presen­
tation to the reference presentation. In this case the price for
each 100 kg of carcase shall be adjusted accordingly.

Where the adjustments referred to in the first subparagraph are
the same throughout the territory of a Member State, they shall
be calculated on a national basis. Where such adjustments vary
from one slaughterhouse to another, they shall be calculated
individually.

Article 14

Categories and classes for recording of market prices

National and Community recording of market prices on
1.
the basis of the Community classification scale referred to in
Article 42(1)(a) of Regulation (EC) No 1234/2007 shall be
carried out each week and shall relate to the following confor­
mation and fat cover classes for the five categories specified in
point A(II) of Annex V to that Regulation:

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(a) carcases of uncastrated young male animals of less than two

years of age: U2, U3, R2, R3, O2, O3;

(a) 25 % of the slaughterings in those of

its regions which
together cover at least 75 % of the total slaughterings in
that Member State; and

(b) carcases of other uncastrated male animals: R3;

(c) carcases of castrated male animals: U2, U3, U4, R3, R4, O3,

O4;

(b) 30 % of the adult bovine animals slaughtered within its

territory.

(d) carcases of female animals that have calved: R3, R4, O2,

O3, O4, P2, P3;

(e) carcases of other female animals: U2, U3, R2, R3, R4, O2,

O3, O4.

2.
The prices recorded under paragraph 1 shall be those
which relate to adult bovine animals slaughtered during the
recording period concerned, on the basis of the cold weight
of the carcase as referred to in the second subparagraph of
Article 13(2).

2. Member States shall decide whether their territory is to
comprise a single region or whether to divide it into more than
one region. This decision shall be taken on the basis of:

(a)

the size of their territory;

(b) the existence, if any, of administrative divisions;

(c) geographical variations in prices.

However,
two
the United Kingdom shall comprise at
regions, namely Great Britain and Northern Ireland, which
may be subdivided on the basis of the criteria referred to in
the first subparagraph.

least

Article 15

Representative prices

1.

The following shall be required to record prices:

In the case of a slaughterhouse which slaughters adult bovine
animals reared by it or on its behalf, the price recorded shall be
the average price paid for carcases of the equivalent category
and class, slaughtered during the same week in that slaugh­
terhouse.

The prices recorded for each class referred to in Article 14(1)
shall indicate the average carcase weight to which they relate
and whether or not they have been corrected to take into
account each of the elements referred to in Article 13.

Article 16

Calculation of weekly prices

The prices recorded in accordance with Article 15 in the

1.
period from Monday to Sunday, shall:

(a)

any

the operator of
slaughterhouse which annually
slaughters 20 000 or more adult bovine animals reared by
it or on its behalf and/or adult bovine animals purchased by
it;

(a) be reported to the competent authority of

the Member
State,
in writing or by electronic means, by the operator
of the slaughterhouse or natural or legal person concerned
by such time as is fixed by the Member State; or

(b) the operator of any slaughterhouse which is designated by
the Member State and which annually slaughters less than
20 000 adult bovine animals reared by it or on its behalf
and/or adult bovine animals purchased by it;

(b) at the option of the Member State, be made available to its
competent authority at the slaughterhouse or the premises
of the natural or legal person.

(c) any natural or legal person who sends 10 000 or more
adult bovine animals for slaughter annually to a slaugh­
terhouse; and

(d) any natural or legal person who is designated by the
Member State and who sends less than 10 000 adult
bovine animals for slaughter annually to a slaughterhouse.

The Member State shall ensure that prices are recorded for at
least:

However, where a Member State has established a committee to
determine prices for a region, and where the membership of
such committee is divided equally between buyers and sellers of
adult bovine animals and their carcases, the chairman being
employed by the competent authority, that Member State may
direct that the prices and details be sent direct to the chairman
of the committee in the relevant region. In the event that the
Member State does not so direct, the competent authority shall
send them to the chairman of that committee. The chairman
shall ensure that the origin of each price cannot be identified
when communicated to the members of the committee.

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2.

The prices reported shall be the average price per class.

(c)

to take into account supplementary payments made, as
referred to in paragraph 3,
correction would
amount to at least 1 % of the price for the class in question.

the

if

3.
Any slaughterhouse or natural or legal person referred to
in the first subparagraph of Article 15(1) which makes supple­
mentary payments to suppliers of adult bovine animals or their
carcases, such payments not being taken into account in the
prices reported, shall notify the competent authority of
its
Member State of the last supplementary payment made by it,
and the period to which it relates. Thereafter it shall notify the
Member State of the amount of any supplementary payments
each time such payment is made.

The competent authority of

4.
the Member State shall
determine average regional prices for each class referred to in
Article 14(1) from the prices reported to it under paragraph 1
of this Article.

The committees referred to in the second subparagraph of
paragraph 1 of this Article shall determine average regional
prices for each class referred to in Article 14(1)
from the
prices reported to them under paragraph 1 of this Article and
shall report them to the competent authority of the Member
State.

5.
In the case of flat-rate purchases, where the carcases in a
consignment relate to not more than three consecutive confor­
mation classes and three consecutive fat cover classes in the
same category, the price shall be taken into account in the
determination of prices under paragraph 4 for the conformation
class in which the largest number of carcases is classified or, if
they are equally divided amongst the classes, for the middle of
those classes, where such class exists. In all other cases the price
shall not be taken into account.

However, where flat-rate purchases account for less than 35 %
of total slaughterings of adult bovine animals in the Member
State, it may decide not to take the prices for such purchases
into account in the calculations under paragraph 4.

An initial national price for each class shall

then be
6.
competent authority by weighting the
calculated by the
the
regional prices to take into account
slaughterings
the
category concerned in relation to the overall number of slaugh­
terings for the category concerned in the Member State.

the importance of
in the region to which they relate for

In making the correction under point
the competent
authority shall divide the total supplementary payments made
in relation to the beef sector in the Member State concerned in
the previous financial year, by the total annual throughput in
tonnes of adult bovine animals for which prices are reported.

(c),

8. Where, in the opinion of the competent authority of the
Member State, the prices reported to it:

(a) relate to an insignificant number of carcases,

it shall not

take these prices into account;

(b) appear to be unreliable, it shall only take them into account
if and when it has satisfied itself that they are reliable.

Article 17

Weekly reporting of prices to the Commission

1.
shall
In accordance with Article 36, Member States
communicate to the Commission the prices calculated in
accordance with Article 16(4) to (7). They shall not commu­
nicate those prices to any other body before they have commu­
nicated them to the Commission.

2. Where,
in exceptional circumstances or for reasons of
seasonality of supply, prices relating to a significant number
of carcases of one or more classes referred to in Article 14(1)
cannot be
the
recorded in a Member State or
Commission may use the last prices recorded for the said
class or classes before such occurrence; where such a situation
continues
the
Commission may decide on the temporary elimination of the
class or classes in question for price reporting purposes and on
the temporary redistribution of the weighting or weightings
allocated to those classes.

than two consecutive weeks,

for more

region,

The competent authority shall correct the initial national

7.
price per class referred to in paragraph 6:

(a)

to take into account each of the elements referred to in
Article 13 where such correction has not already been
made;

(b) to ensure that the price is calculated on the basis of the cold
weight of the carcase as referred to in the second subpara­
graph of Article 13(2);

Article 18

Average Community prices

1.

For a given category:

(a)

the average Community price for each of the conformation
and fat cover classes listed in Article 14(1) shall be the
weighted average of the national market prices recorded
for the class. Weighting shall be based on the proportion
of quantities of that class slaughtered in each Member State
to total Community slaughterings of that class;

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(b) the average Community price for each conformation class
shall be the weighted average of the average Community
prices for the fat cover classes which constitute that confor­
mation class. Weighting shall be based on the proportion of
slaughterings of each fat cover class to total slaughterings of
that conformation class in the Community;

and composition of the pigs they have delivered to the slaugh­
terhouse.

By way of derogation from paragraph 1, Member States
2.
may decide not to make application of this scale obligatory in
slaughterhouses:

(c)

the average Community price shall be the weighted average
of the average Community prices referred to in point (a).
Weighting shall be based on the proportion of the quan­
tities slaughtered in each class referred to in point (a) to
total Community slaughterings in the category.

2.
The average Community price for all categories together
shall be the weighted average of the average prices referred to in
paragraph 1(c). Weighting shall be based on the proportion of
each category to total slaughterings of adult bovine animals in
the Community.

Article 19

(a)

for which the Member States concerned set a maximum
number of slaughters; this number may not exceed 200
pigs per week on a yearly average basis;

(b) which slaughter only pigs born and fattened in their own
breeding establishments and which cut up all the carcases
obtained.

The Member States concerned shall notify the Commission of
their decision referred to in the first subparagraph, specifying
the maximum permitted number of slaughters in each of the
the
slaughterhouses which are exempt
Community scale.

from application of

Annual notification of Member States to the Commission

No later than 15 April each year, Member States shall forward
to the Commission:

Article 21

Weighing, grading and marking

(a) a confidential

list of slaughterhouses which record prices,
whether under Article 15(1)(a) or
indicating the
throughput of adult bovine animals for each slaughterhouse,
expressed in numbers and, if possible, in tonnes deadweight,
in the previous calendar year;

(b),

(b) a confidential

list of natural or legal persons who record
prices, whether under Article 15(1)(c) or (d), indicating the
number of adult bovine animals, if possible expressed also
in tonnes deadweight, sent for slaughter by them in the
previous calendar year;

(c) a list of the regions for which prices are recorded and the

weighting attached to each under Article 16(6).

CHAPTER III

PIGMEAT SECTOR

Article 20

Compulsory classification of carcases and derogations
thereof

1.
The Community classification scale of pig carcases referred
to in Article 42(1) of Regulation (EC) No 1234/2007 shall be
used by all slaughterhouses for grading all carcases in order to
enable producers to receive fair payment based on the weight

1.
Pig carcases shall be graded, in accordance with the clas­
sification defined in point B(II) of Annex V to Regulation (EC)
No 1234/2007, at the time of weighing.

In respect of pigs slaughtered in their territory, Member States
in
may be authorised to allow classification before weighing,
accordance with the procedure referred to in Article 195(2) of
Regulation (EC) No 1234/2007.

2.
In accordance with Article 43(m)(iv) of Regulation (EC)
No 1234/2007, the provisions of point B(II) of Annex V to
Regulation (EC) No 1234/2007 and of paragraph 1 of this
Article, do not exclude, as regards pigs slaughtered in the
territory of a Member State, the use of assessment criteria in
addition to weight and estimated lean-meat content.

Immediately after grading, pig carcases shall be marked
3.
with the capital letter denoting the class of the carcase or the
percentage of estimated lean meat as laid down in point B(II) of
Annex V to Regulation (EC) No 1234/2007.

The letters or numerals must be at least two centimetres high.
Any non-toxic, indelible and heat-resistant ink may be used for
marking as well as any other form of permanent marking
authorised in advance by the competent national authorities.

Without prejudice to the first subparagraph, particulars of
carcase weight or any other particulars considered appropriate
may be marked on the carcase.

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Half-carcases shall be marked on the skin of the hind shank or
the ham.

A label affixed in such a manner that it cannot be removed
without being damaged shall also be an acceptable form of
marking.

By way of derogation from paragraph 3, Member States
4.
may lay down that pig carcases need not be marked if an
official record is drawn up comprising for each carcase at least:

(a)

individual
means;

identification of the carcase by any unalterable

(b) the warm weight of the carcase; and

(c)

the estimated lean-meat content.

This record must be kept for six months and, on the day when
it is drawn up, be certified as a true original certificate by a
person entrusted with this verification task.

However,
in order to be marketed uncut in another Member
State, carcases shall be marked in accordance with the appro­
priate class, as provided for in point B(II) of Annex V to Regu­
lation (EC) No 1234/2007, or
in accordance with the
percentage expressing their lean-meat content.

5. Without prejudice to the second paragraph of point B(III)
of Annex V to Regulation (EC) No 1234/2007, no fat, muscle
or other
tissue may be removed from the carcase before
weighing, grading and marking.

Article 22

Carcase weight

1.
For the purposes of application of Article 42(1)(b) of
Regulation (EC) No 1234/2007, the weight shall apply to the
cold carcase presented as described in point B(III) of Annex V to
that Regulation.

2.
The carcase shall be weighed as soon as possible after
slaughter and not more than 45 minutes after the pig has
been stuck.

The cold carcase weight shall correspond to the warm weight
recorded as referred to in the first subparagraph less 2 %.

If, in a given slaughterhouse, the 45-minute period between the
the pig cannot generally be
sticking and the weighing of
the Member State
observed,

competent authority of

the

concerned may allow this period to be exceeded provided
that the deduction of 2 % specified in the second subparagraph
shall be reduced by 0,1 point for every additional quarter of an
hour or part thereof that has elapsed.

3.
the
By way of derogation from paragraphs 1 and 2,
weight of the cold carcase may be calculated by reference to
predetermined scales of absolute weight reductions established
by Member States in accordance with the characteristics of their
pig herds and notified to the Commission. The use of such
scales shall be authorised in accordance with the procedure
to in Article 195(2) of Regulation (EC) No
referred
1234/2007,
individual weight classes
correspond, as far as possible,
to the reductions resulting
from paragraphs 1 and 2.

the reductions for

if

Article 23

Lean-meat content of pig carcases

1.
For the purposes of application of point B(IV) of Annex V
to Regulation (EC) No 1234/2007, the lean-meat content of a
pig carcase shall be the relationship between:

— the total weight of the red striated muscles provided that

they are separable by knife, and

— the weight of the carcase.

The total weight of the red striated muscles is obtained either by
total dissection of the carcase or by partial dissection of the
carcase or by combination of total or partial dissection with a
national quick method based on proven statistical methods
adopted in accordance with the procedure referred to in
Article 195(2) of Regulation (EC) No 1234/2007.

The dissection referred to in the second subparagraph may also
be replaced by assessing the lean meat percentage by means of
total dissection with a computer tomography apparatus on the
condition that satisfactory comparative dissection results are
provided.

The standard statistical method for assessing the lean-meat
2.
content of pig carcases authorised as a grading method within
the meaning of point B(IV) of Annex V to Regulation (EC) No
1234/2007 shall be either ordinary least squares or
rank
reduced methods, but other statistically proven methods may
be used.

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The method shall be based on a representative sample of the
national or regional pigmeat production concerned, consisting
of at least 120 carcases whose lean-meat content has been
ascertained in accordance with the dissection method laid
If multiple sampling
down in Annex IV to this Regulation.
methods are used, the reference shall be measured on at least
50 carcases and the precision shall be at least equal to that
obtained using the
standard statistical method on 120
carcases using the method in Annex IV.

Grading methods shall be authorised only if

3.
the root
mean squared error of prediction (RMSEP), computed by a
full cross-validation technique or by a test set validation on a
representative sample of at least 60 carcases, is less than 2,5. In
addition, any outliers shall be included in the calculation of
RMSEP.

4. Member States shall inform the Commission, by way of a
protocol, of the grading methods they wish to have authorised
for application in their territory, describing the dissection trial,
indicating the principles on which these methods are based and
the equations used for assessing the percentage of lean meat.
The protocol should have two parts and should include the
elements provided for in Annex V. Part one of the protocol
is presented to the Commission prior to the start of
the
dissection trial.

Application of grading methods in the territory of a Member
State shall be authorised in accordance with the procedure
referred
to in Article 195(2) of Regulation (EC) No
1234/2007 on the basis of the protocol.

5.
The application of grading methods must correspond in
all particulars to the description given in the Community
Decision authorising them.

However, for approved establishments which slaughter less than
200 pigs per week as an annual average, Member States shall
determine the frequency of the checks.

For the application of the provisions in paragraphs 1 and

3.
2, Member States shall:

(a) determine the scope of the checks on the basis of their risk
assessment, particularly taking into account the number of
slaughterings of pigs in the slaughterhouses concerned and
the findings during previous checks in these slaughter­
houses;

(b) notify to the Commission the measures they have taken for
the application of these provisions by 1 July 2009 at the
latest and thereafter within one month after any changes in
the information to be notified.

4. Where the body responsible for checks does not fall under
the responsibility of a public body, the checks provided for in
paragraphs 1 and 2 must be carried out under the physical
supervision of a public body under the same conditions and
at least once a year. The public body shall be informed regularly
of the findings of the body responsible for checks.

Article 25

Market price for pig carcases in Member States

The market price for pig carcases in a Member State shall
1.
be equal
the quotations for pig carcases
recorded on the representative markets or quotation centres
of that Member State.

to the average of

The price referred to in paragraph 1 shall be determined

2.
using the quotations recorded for carcases weighing:

Article 24

On-the-spot checks

1.
The grading, weighing and marking of the pig carcases in
the establishments referred to in Article 20 shall be checked on
the spot without prior warning by a body independent of the
classification agencies and of the establishments.

— 60 to less than 120 kg of grade E,

— 120 to less than 180 kg of grade R.

However, the requirement to be independent of the classifi­
cation agencies shall not apply where the competent authority
itself carries out such controls.

The choice of weight categories and any weighing thereof shall
be left to the Member States concerned; the latter shall inform
the Commission thereof.

2.
Checks must be carried out at least twice every three
months in all approved establishments which slaughter 200
pigs or more per week as an annual average.

3. Member States shall notify to the Commission the rep­
referred to in
resentative markets or quotation centres
paragraph 1 by 1 July 2009 at
the latest and thereafter
within one month after any changes in the information to be
notified.

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

Article 26

Average Community price

1.
The average Community market price for pig carcases
referred to in Articles 17 and 37 of Regulation (EC) No
1234/2007 shall be determined on the basis of the prices on
entry into the slaughterhouse, excluding value added tax, paid to
suppliers of live pigs.

2.
The prices determined under paragraph 1 shall include the
value of the unprocessed offal and animal residues and shall be
expressed in respect of 100 kg of cold pig carcases:

— presented in accordance with the reference presentation laid
down in the first subparagraph of point B(III) of Annex V to
Regulation (EC) No 1234/2007, and

— weighed and classified on the slaughterhouse hook,

the
weight recorded being converted into cold carcase weight
in accordance with the methods laid down in Article 22 of
this Regulation.

3.
For the calculation of the Community market price as
provided in paragraph 1, the prices recorded in each Member
State shall be weighted by using coefficients expressing the
relative size of the pig population of each Member State.

The coefficients referred to in the first subparagraph shall be
determined on the basis of the number of pigs counted at the
beginning of December each year in accordance with Council
Directive 93/23/EEC (1).

Article 27

Weekly reporting of quotations to the Commission

In accordance with Article 36, Member States

1.
communicate to the Commission:

shall

The Member States shall, at the Commission’s request,
3.
communicate
available,
concerning products covered by Part XVII of Annex I to Regu­
lation (EC) No 1234/2007:

following information, where

the

(a) market prices in Member States for products imported from

third countries;

(b) prices

ruling on the

representative markets

in third

countries.

CHAPTER IV

SHEEPMEAT SECTOR

Article 28

Criteria for defining carcases of light lambs

1.
For the purposes of application of the criteria referred to
in paragraph 2 of point C(III) of Annex V to Regulation (EC) No
1234/2007, the rules laid down in Annex VI to this Regulation
shall apply.

The meat colour,

2.
referred to in Annex VI, shall be
determined on the flank at the rectus abdominis by reference to
a standardised colour chart.

Article 29

provisions

Additional
of
conformation and fat cover, carcase weight and colour of
meat

regarding

classes

the

Additional provisions specifying the definitions of the classes of
conformation and fat cover referred to in point C(III) of Annex
V to Regulation (EC) No 1234/2007 are laid down in Annex
VII to this Regulation.

Article 30

Classification and identification

(a)

quotations

in
as
the
Article 25(1) and Article 26(1) and (2);

determined

accordance with

1.
The classification and identification referred to in point
C(III) and C(V) of Annex V to Regulation (EC) No 1234/2007
shall be carried out in the slaughterhouse itself.

(b) the representative quotations for piglets per head of an

average live weight of approximately 20 kilograms.

2. Where one or more quotations are not received by the
Commission, the latter shall take into account the last quotation
available. Where a quotation or quotations are missing for the
third consecutive week, the Commission shall no longer take
that or those quotations into account.

(1) OJ L 149, 21.6.1993, p. 1.

Classification, identification and weighing of the carcases
2.
shall be made not later than one hour after the animal has been
stuck.

3.
The identification of the carcases or half-carcases classified
according to the scale referred to in the second subparagraph of
Article 42(1) of Regulation (EC) No 1234/2007 in participating
establishments shall be carried out by means of a mark indi­
cating the category and the class of conformation and fat cover.

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That marking shall be carried out by stamping, using an
indelible and non-toxic ink following a method approved by
the competent national authorities.

Article 33

Market price to record

Categories shall be designated as follows:

(a) L: carcases of sheep under 12 months old (lamb);

(b) S: carcases of other sheep.

4. Member States may authorise the replacement of
the
marking by the use of an unalterable and firmly attachable label.

Article 31

Classification by qualified classifiers

Member States shall ensure that classification is carried out by
sufficiently qualified classifiers. Member States shall determine
such persons by means of a procedure of agreement or by
designating a body responsible for this purpose.

Article 32

On-the-spot checks

1.
The performance of the classifiers referred to in Article 31
as well as the classification and identification of the carcases in
the participating establishments shall be checked on the spot,
without prior warning, by a body designated by the Member
State and independent of the classification agencies and of the
participating establishment.

However, the requirement to be independent of the classifi­
cation agencies shall not apply where the competent authority
itself carries out such controls.

Where the body responsible for checks does not fall under the
authority of a public body, the checks provided for in the first
subparagraph must, at least once a year, be carried out under
the physical supervision of a public body under the same
conditions. The public body shall be informed regularly of the
findings of the body responsible for checks.

2.
These checks must be carried out at least once every three
months in all participating establishments which operate classi­
fication and slaughter 80 sheep or more per week as an annual
average. Each check must relate to at least 40 carcases, selected
at random.

in

to

second

referred

1.
The market price to be established on the basis of the
Community scale for the classification of carcases of ovine
animals,
of
the
Article 42(1) of Regulation (EC) No 1234/2007 shall be the
price at entry to the slaughterhouse, net of value added tax
paid to the supplier for lamb of Community origin. This
price shall be expressed per 100 kg carcase weight presented
according to the reference presentation provided for in point
C(IV) of Annex V to Regulation (EC) No 1234/2007 weighed
and classified on the hook at the slaughterhouse.

subparagraph

2.
The weight to be taken into account shall be the warm
weight of the carcase corrected to take account of weight loss
on chilling. Member States shall inform the Commission of the
corrective factors used.

In the case where the presentation of carcases after
3.
weighing and classifying on the hook differs
from the
reference presentation, Member States shall adjust the weight
of
factors
provided for in the second subparagraph of point C(IV) of
Annex V to Regulation (EC) No 1234/2007. Member States
shall notify the Commission of the corrective factors used.

carcase by the

application of

corrective

the

Article 34

Reporting of prices to the Commission

1. Member States whose sheepmeat production exceeds 200
tonnes per year shall communicate to the Commission the
confidential list of the slaughterhouses or other establishments
participating for the establishment of prices according to the
‘participating establishment’)
Community
together with an indication of
annual
approximate
throughput of these participating establishments.

(hereinafter

scale

the

2.
In accordance with Article 36, the Member States referred
to in paragraph 1 shall communicate to the Commission the
average price for each quality of lamb within the Community
scales for all participation establishments, together with an indi­
cation of the size of each quality. However, where a quality
makes up less than 1 % of the total, prices need not to be
reported. Member States
to the
shall
Commission the average price on a weight basis for all classified
lamb in each scale used for price reporting purposes.

also communicate

However,
in participating establishments which slaughter less
than 80 sheep per week as an annual average, Member States
shall determine the frequency of the checks and the minimum
number of carcases to be checked on the basis of their risk
assessment, particularly taking into account
the number of
slaughterings of sheep in the establishments concerned and
the findings during previous checks in these establishments.

However, Member States are authorised to subdivide price
reported for each of the classes of conformation and degrees
of fat cover provided for in paragraph 1 of point C(III) of
Annex V to Regulation (EC) No 1234/2007 on the basis of
weight. The term ‘quality’ shall mean the combination of class
of conformation and of fat cover.

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Article 35

Average Community prices

(b) the recording of market prices according to those classifi­

cation scales;

For the calculation of the average Community prices of lamb
carcases, the prices referred to in Article 34(2) shall be weighted
by using coefficients
the
expressing the
sheepmeat production in each Member State to the total
Community sheepmeat production.

size of

relative

CHAPTER V

COMMON AND FINAL PROVISIONS

Article 36

Weekly reporting of prices to the Commission

1.
No later than 12 noon, Brussels time, on Wednesday each
week, Member States shall communicate to the Commission the
market prices or quotations referred to in Articles 17(1), 27(1)
and 34(2) of this Regulation.

The prices or quotations shall relate to the period from Monday
to Sunday preceding the week in which the information is
communicated.

The prices or quotations reported shall be expressed in euro or,
where applicable, in national currency.

2.
The communications referred to in paragraph 1 shall be
made by electronic means using the form made available to the
Member States by the Commission.

Article 37

Periodic revision of weighting coefficients

1.
The weighing coefficients referred to in Articles 18, 26(3)
and 35 of this Regulation shall be revised periodically to take
into account trends recorded at national and Community levels.

For

each revision referred to in paragraph 1,

2.
the
Commission shall communicate to the Member States the
revised weighting coefficients.

Article 38

Community inspection committee

1.
The Community inspection committee referred to in
Article 42(2) of Regulation (EC) No 1234/2007, hereafter
referred to as
for
shall be
carrying out on-the-spot inspections covering:

‘the Committee’,

responsible

(c)

identification and marking of products
the classification,
within the framework of the buying-in under public inter­
vention in the beef and veal
in
Article 6(1)(e) of Regulation (EC) No 1234/2007.

sector provided for

2.

The Committee shall be composed of at most:

(a)

three Commission experts, one of whom shall act as
chairman of the Committee;

(b) one expert from the Member State concerned;

(c) eight experts from other Member States.

The Member States shall appoint experts on the basis of their
independence and ability, particularly in matters of classification
of carcases and recording of market prices and of the specific
nature of the work to be carried out.

Experts shall not under any circumstances use for personal
purposes or divulge information obtained in connection with
the work of the Committee.

Inspections shall be carried out at slaughterhouses, meat
3.
markets,
intervention centres, price quotation centres and
regional and central services engaged in the implementation
of the provisions referred to in paragraph 1.

Inspections shall be carried out at regular intervals in
4.
Member States and their frequency may vary in particular
according to the relative volume of beef and sheep production
in the Member States visited or to problems linked to the
application of the classification scales.

The programme of inspection visits shall be drawn up by the
Commission after consulting the Member States. Representatives
of the Member State visited may take part in the inspections.

Each Member State shall organise the visits which are to be
carried out on its territory according to the requirements
defined by the Commission. To that end, the Member State
detailed
shall
to
programme
the
Commission, which may request any amendment
to the
programme.

forward, 30 days before
the

the
visit,
inspection visits

proposed

the

of

(a)

application of

the
relating to the
Community scales for the classification of beef and sheep
carcases;

arrangements

the

The Commission shall inform Member States as far in advance
as possible before each visit of the programme and conduct
thereof.

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the
On completion of each visit,
5.
Committee and the representatives of
the Member State
visited shall meet to consider the results. The members of the
Committee
visit
then draw conclusions
concerning the points referred to in paragraph 1.

the members of

from the

shall

The Committee chairman shall draw up a report on the
inspections conducted and containing the conclusions referred
to in the first subparagraph. The report shall be sent at the
earliest possibility to the Member State inspected and to the
other Member States subsequently.

When the report referred to in the second subparagraph notes
shortcomings in the various fields of activity which were the
subject of verification, or makes recommendations with a view
to improving operations, the Member States shall
inform the
Commission of all changes which are envisaged or have taken
place not later than three months after the date on which the
report was transmitted.

6.
the
Travel and subsistence expenses of members of
Committee shall be borne by the Commission in accordance
with the rules applicable to the reimbursement of travel and
subsistence
expenses of persons unconnected with the
Commission who are called upon by it to act as experts.

Article 39

Measures to be taken by the Member States

1. Member States shall take all necessary measures:

(b) to ensure the accuracy of the prices reported in accordance
with Articles 17(1), 27(1) and 34(2) of this Regulation;

(c)

in particular, the
to penalise any infringements such as,
falsification and fraudulent use of stamps and labels, or
classification carried out by unlicensed personnel.

2. Member States
inform the Commission of
measures referred to in paragraph 1 as soon as possible.

shall

the

Article 40

(EC) No 295/96,

(EEC) No
Regulations (EEC) No 563/82,
344/91,
(EC) No
1128/2006, (EC) No 908/2006, (EC) No 1319/2006, (EC) No
(EC) No 22/2008 and Decision 83/471/EEC are
710/2008,
repealed.

(EEC) No 2967/85,
(EC) No 103/2006,

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

Article 41

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

(a)

to ensure that the provisions of this Regulation are applied;

It shall apply from 1 January 2009.

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

Done at Brussels, 10 December 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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ANNEX I

Additional provisions on the classes of conformation and fat cover of carcases of adult bovine animals referred
to in Article 3

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

1. CONFORMATION

Conformation class

Additional provisions

S

Superior

E

Excellent

U

Very good

R

Good

O

Fair

P

Poor

Round:

Back:

very highly rounded double-muscled
visibly separated seams

Topside
symphysis (symphisis pelvis)

spreads very markedly over

the

very wide and very thick, up to the
shoulder

Rump very rounded

Shoulder: very highly rounded

Round:

very rounded

Topside spreads markedly over the symphysis
(symphisis pelvis)

Back:

wide and very thick, up to the shoulder Rump very rounded

Shoulder: very rounded

Round:

rounded

Back:

wide and thick, up to the shoulder

Shoulder: rounded

Topside spreads over the symphysis (symphisis
pelvis)
Rump rounded

Round:

well-developed

Topside and rump are slightly rounded

Back:

still thick but less wide at the shoulder

Shoulder:

fairly well-developed

Round:

average development to lacking devel­
opment

Back:

average thickness to lacking thickness

Rump: straight profile

Shoulder: average development to almost flat

Round:

poorly developed

Back:

narrow with bones visible

Shoulder:

flat with bones visible

2. DEGREE OF FAT COVER

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

Class of fat cover

Additional provisions

1

Low

2

Slight

3

Average

4

High

5

very high

No fat within the thoracic cavity

Within the thoracic cavity the muscle is clearly visible between the ribs

Within the thoracic cavity the muscle is still visible between the ribs

The seams of fat on the round are prominent. Within the thoracic cavity the muscle between the
ribs may be infiltrated with fat

The round is almost completely covered with fat, so that the seams of fat are no longer clearly
visible. Within the thoracic cavity the muscle between the ribs is infiltrated with fat

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ANNEX II

AUTHORISATION OF AUTOMATED GRADING TECHNIQUES AS REFERRED TO IN ARTICLE 9(1)

PART A

Conditions and minimum requirements for authorisation

1. The Member State concerned shall organise a certification test for a jury composed of at least five licensed experts in
classification of carcases of adult bovine animals. Two members of the jury will come from the Member State
performing the test. The other members of the jury will each come from another Member State. The jury shall
comprise an uneven number of experts. The Commission services and other Member States' experts may attend the
certification test as observers.

The members of the jury will work in an independent and anonymous way.

The Member State concerned will nominate a coordinator of the certification test who shall:

— not be part of the jury,

— have satisfactory technical knowledge and be fully independent,

— monitor the independent and anonymous functioning of the members of the jury,

— collect the classification results of the members of the jury and those obtained by using the automated grading

techniques,

— ensure that, during the entire duration of the certification test, the classification results obtained by using the
automated grading techniques shall not be available to any of the members of the jury and vice versa nor to any
other interested party,

— validate the classifications for each carcase and may decide, for objective reasons to be specified, to reject carcases

from the sample to be used for the analysis.

2. For the certification test:

— each of the classes of conformation and of fat cover shall be subdivided into three subclasses,

— a sample of at minimum 600 validated carcases shall be required,

— the percentage of failures shall be no more than 5 % of the carcases that are fit for classification by using

automated grading techniques.

3. For each validated carcase, the median of the results of the members of the jury shall be considered as the correct

grade of that carcase.

To estimate the performance of the automated grading techniques, the results of the automated classification machine
shall, for each validated carcase, be compared to the median of the results of the jury. The resulting accuracy of the
grading by automated grading techniques is established by using a system of points that are attributed as follows:

No error

Error of 1 unit (i.e. one subclass up or down)

Error of 2 units (i.e. two subclasses up or down)

Error of 3 units (i.e. three subclasses up or down)

Error of more than 3 units (i.e. more than three subclasses up or down)

Conformation

Fat cover

10

6

– 9

– 27

– 48

10

9

0

– 13

– 30

With a view to authorisation, the automated grading techniques should achieve at least 60 % of the maximum number
of points for both conformation and fat cover.

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In addition, the classification by using the automated grading techniques must be within the following limits:

Bias

Slope of the regression line

Conformation

Fat cover

± 0,30

± 0,60

1 ± 0,15

1 ± 0,30

PART B

Information to be provided by Member States as regards the organisation of a certification test

— The dates on which the certification test shall take place,

— a detailed description of the carcases of adult bovine animals classified in the Member State concerned or a part

thereof,

— the statistical methods used for selecting the sample of carcases that shall be representative, in terms of category,
classes of conformation and of fat cover, of the adult bovine animals slaughtered in the Member State concerned or a
part thereof,

— the name and address of the slaughterhouse(s) where the certification test shall take place, an explanation of the

organisation and performance of the processing line(s), including the speed per hour,

— the carcase presentation(s) that shall be used during the certification test,

— a description of the automated grading machine and its technical functions, in particular the security concept of the

machine against any type of manipulation,

— the licensed experts nominated by the Member State concerned to take part in the certification test as members of the

jury,

— the coordinator of the certification test, proving his satisfactory technical knowledge and full independence,

— the name and address of the independent body designated by the Member State concerned that shall analyse the

results of the certification test.

PART C

Information to be provided by Member States as regards the results of a certification test
— A copy of the classification sheets completed and signed by the members of the jury and by the coordinator during

the certification test,

— a copy of the classification results obtained by using automated grading techniques signed by the coordinator during

the certification test,

— a report of the coordinator on the organisation of the certification test in view of the conditions and minimum

requirements set out in part B of this Annex,

— a quantitative analysis, according to a methodology to be agreed upon by the Commission, of the results of the
certification test indicating the classification results of each expert classifier and those obtained by using the automated
grading techniques. The data used for the analysis must be provided in an electronic format to be agreed upon by the
Commission,

— the accuracy of the automated grading techniques established in accordance with the provisions in part A, point (3) of

this Annex.

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ANNEX III

Corrective factors referred to in Article 13(5) expressed as a percentage of the carcase weight

Percentage

Decrease

Increase

1-2

– 1,75

3

– 0,4

– 2,5

– 0,5

– 2,5

– 0,4

– 0,4

– 0,4

– 0,05

– 1,0

– 0,3

– 0,5

– 0,3

– 0,3

Fat classes

Kidneys

Kidney fat

Pelvic fat

Liver

Thin skirt

Thick skirt

Tail

Spinal cord

Mammary fat

Testicles

Cod fat

Fat on inside of topside

Jugular vein and adjacent fat

Removal of external fat

fat

to
Removal of brisket
leave a covering of fat (the
muscle tissue must not be
exposed)

flank
Removal
adjacent to the cod fat

of

fat

4-5

1

2

3

4

5

– 3,5

0

0

0

0

+ 2

+ 3

+ 4

+ 0,2

+ 0,2

+ 0,3

+ 0,4

+ 0,3

+ 0,4

+ 0,5

+ 0,6

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ANNEX IV

Lean-meat content referred to in Article 23(2)

1. The prediction of the lean meat percentage is based on the dissection executed in accordance with the reference

method.

2. Where partial dissection is carried out, the prediction of the lean meat percentage is based on the dissection of the four

major cuts (shoulder, loin, ham and belly). The reference lean meat percentage is calculated as follows:

weight of tender loin + weight of lean meat in the shoulder, loin, ham and belly

Y = 0,89 × 100

weight of tender loin + weight of dissected cuts

The weight of the lean in the four major cuts (shoulder, loin, ham and belly) will be calculated by subtracting the total
of the non-lean elements of the four cuts from the total weight of the cuts before dissection.

3. Where total dissection is carried out, the reference lean meat percentage is calculated as follows:

Y = 100 ×

weight of lean meat

carcase weight

The weight of the lean will be calculated by subtracting the total of the non-lean elements from the total carcase
weight before dissection. The head, except the cheek, is not dissected.

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ANNEX V

Protocol of grading methods of pig carcases referred to in Article 23(4)

1. Part one of the protocol shall give a detailed description of the dissection trial and include in particular:

— the trial period and time schedule for the whole authorisation procedure,

— the number and location of the slaughterhouses,

— the description of the pig population concerned by the assessment method,

— the indication of the chosen dissection method (total or partial),

— where use is made of a computer tomography apparatus as referred to in the third subparagraph of Article 23(1), a

description of the procedure,

— a presentation of the statistical methods used in relation to the sampling method chosen,

— the description of the national quick method,

— the exact presentation of the carcases to be used.

2. Part two of the protocol shall give a detailed description of the results of the dissection trial and include in particular:

— a presentation of the statistical methods used in relation to the sampling method chosen,

— the equation which will be introduced or amended,

— a numerical and a graphic description of the results,

— a description of the new apparatus,

— the weight limit of the pigs for which the new method may be used and any other limitation in relation to the

practical use of the method.

ANNEX VI

Classification scale for carcases of lambs of less than 13 kg carcase weight referred to in Article 28

Category

Weight

Quality

A

≤ 7 kg

B

7,1 — 10 kg

C

10,1 — 13 kg

1st

2nd

1st

2nd

1st

2nd

Meat colour

clear pink

other colour or
other fat level

clear pink
or pink

other colour or
other fat level

clear pink
or pink

other colour or
other fat level

Class of fat
cover (*)

(2) (3)

(2) (3)

(2) (3)

(*) As defined in paragraph 1 of point C(III) of Annex V to Regulation (EC) No 1234/2007.

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ANNEX VII

Additional provisions on the classes of conformation and fat cover of sheep carcases referred to in Article 29

1. CONFORMATION

Development of carcase profiles, and, in particular the essential parts (hindquarter, back, shoulder).

Conformation class

Additional provisions

S

Superior

E

Excellent

Hindquarter:

double muscled. Profiles extremely convex

Back:

extremely convex, extremely wide, extremely thick

Shoulder:

extremely convex and extremely thick

Hindquarter:

very thick. Profiles very convex

Back:

very convex, very wide and very thick to the shoulder

Shoulder:

very convex and very thick

U

Hindquarter:

thick. Profiles convex

Very good

Back:

wide and thick to the shoulder

Shoulder:

thick and convex

R

Good

O

Fair

P

Poor

Hindquarter:

profiles mainly straight

Back:

thick but less wide to the shoulder

Shoulder:

good development, but less thick

Hindquarter:

profiles tending to slightly concave

Back:

lacking width and thickness

Shoulder:

tending to narrow. Lacking thickness

Hindquarter:

profiles concave to very concave

Back:

narrow and concave with bones apparent

Shoulder:

narrow, flat and bones apparent

2. DEGREE OF FAT COVER

Amount of fat on the external and of the internal parts of the carcase.

Class of fat cover

Additional provisions (1)

1.

Low

2.

Slight

External

Traces of or no fat visible

Internal

Abdominal

Traces of or no fat visible on kidneys

Thoracic

Traces of or no fat visible between ribs

External

A slight layer of fat covers part of the carcase but may be less evident on the
limbs

Internal

Abdominal

Traces of fat or slight layer of fat envelops part
of the kidneys

Thoracic

Muscle clearly visible between ribs

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Class of fat cover

Additional provisions (1)

3.

Average

4.

High

External

A light layer of fat covering most or all of the carcase. Slightly thickened fat
zones of the base of the tail

Internal

Abdominal

Light layer of fat envelops part or all of the
kidneys

Thoracic

Muscle still visible between ribs

External

A thick layer of fat covering most of all of the carcase but may be thinner on
limbs and thickening on shoulders

Internal

Abdominal

Kidney is enveloped in fat

Thoracic

Muscle between ribs may be infiltrated with fat.
Fat deposits may be visible on the ribs

5.

Very high

External

Very thick fat cover

Patches of fat sometimes visible

Internal

Abdominal

Kidneys enveloped in thick layer of fat

Thoracic

Muscle between ribs infiltrated with fat. Fat
deposits visible on ribs.

(1) The additional provisions for the abdominal cavity do not apply for the purposes of Annex VI to this Regulation.

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ANNEX VIII

Correlation table referred to in Article 40

1. REGULATION (EEC) No 563/82

Regulation (EEC) No 563/82

This Regulation

Article 1(1)

Article 1(2)

Article 1(3)

Article 1(4)

Article 2

Article 3

Article 4

Article 13(1)

Article 13(2)

Article 13(5), first subparagraph

Article 13(5), second subparagraph

Article 2(3) and (4)

Article 13(4)

Article 41

2. REGULATION (EEC) No 2967/85

Regulation (EEC) No 2967/85

This Regulation

Article 1

Article 2(1)

Article 2(2)

Article 2(3)

Article 3

Article 4(1)

Article 4(2)

Article 4(3)

Article 5

Article 6

Article 7

Article 1

Article 22(2), first and second subparagraphs

Article 22(2), third subparagraph

Article 22(3)

Article 23(2) to (5)

Article 21(3), first and second subparagraphs

Article 21(3), fourth subparagraph

Article 21(3), fifth subparagraph

Article 21(4), indent (a)

Article 39

Article 41

3. REGULATION (EEC) No 344/91

Regulation (EEC) No 344/91

This Regulation

Article 1(1)

Article 1(2)

Article 1(2a)

Article 1(3)

Article 1(4)

Article 1(5)

Article 2(1)

Article 6(3)

Article 6(4)

Article 6(2)

Article 6(5)

Article 6(6)

Article 7(2), introductory phrase and indent (a)
—

Article 2(2), introductory phrase and first indent

Article 2(2), second indent

Article 2(3)

Article 3(1), first subparagraph

Article 3(1), second subparagraph

Article 3(1a), first to third subparagraphs

Article 5
—

Article 6(7)

Article 8
—

Article 9(1)

Article 3(1a), fourth subparagraph

Article 9(3), indent (a)

Article 3(1b)

Article 3(1c)

Article 9(2)

Article 9(4)

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Regulation (EEC) No 344/91

This Regulation

Article 3(2), first subparagraph

Article 3(2), second subparagraph

Article 3(2), third subparagraph

Article 3(2), fourth subparagraph

Article 3(2), fifth subparagraph

Article 3(2), sixth subparagraph

Article 3(3)

Article 4

Annex I

Annex II

4. REGULATION (EC) No 295/96

Article 11(1)

Article 11(2)

Article 11(3)

Article 11(4)

Article 12(2)

Article 12(1)

Article 39(2)

Article 41

Annex II, Part A

Annex II, Parts B and C

Regulation (EC) No 295/96

This Regulation

Article 1

Article 2(1)

Article 2(2)

Article 2(3)

Article 3(1)

Article 3(2)

Article 3(3)

Article 3(4)(a)

Article 3(4)(b)

Article 3(4)(c)

Article 3(4)(d)

Article 14

Article 15(1)
—

Article 15(2)

Article 16(1)

Article 16(2)

Article 16(3)

Article 16(4), first subparagraph

Article 16(4), second subparagraph

Article 16(5)

Article 16(6)

Article 3(4)(e), first subparagraph, introductory phrase

Article 16(7), first subparagraph, introductory phrase

Article 3(4)(e), first subparagraph, first indent

Article 16(7), first subparagraph, indent (a)

Article 3(4)(e), first subparagraph, second indent

Article 16(7), first subparagraph, indent (c)

Article 3(4)(e), second subparagraph

Article 16(7), second subparagraph

Article 3(5)

Article 4

Article 5(1)

Article 5(2)

Article 5(3)

Article 6

Article 7

Article 8

Article 9

Article 16(8)

Article 17

Article 18(1)

Article 18(2)

Article 37(1)

Article 19

Article 39(1)
—

Article 41

5. REGULATION (EC) No 103/2006

Regulation (EC) No 103/2006

This Regulation

Article 1

Article 2

Article 3

Annex I

Annex II and III

Article 3(1)
—

Article 41

Annex I
—

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6. REGULATION (EC) No 908/2006

Regulation (EC) No 908/2006

This Regulation

Article 1

Article 2

Article 3

Annex I to III

7. REGULATION (EC) No 1128/2006

Article 25(3), first subparagraph
—

Article 41
—

Regulation (EC) No 1128/2006

This Regulation

Article 1(1)

Article 1(2)

Article 2(1)

Article 2(2)

Article 3

Article 4

Annex I and II

Article 26(1)

Article 26(2)

Article 25(1)

Article 25(2)
—

Article 41
—

8. REGULATION (EC) No 1319/2006

Regulation (EC) No 1319/2006

This Regulation

Article 1(1)

Article 1(2)

Article 2

Article 3

Articles 4 and 5

Article 6

Annex I and II

Article 27(1)

Article 27(2)
—

Article 27(3)
—

Article 41
—

9. REGULATION (EC) No 22/2008

Regulation (EC) No 22/2008

This Regulation

Article 1

Article 2

Article 3

Article 4(1)

Article 4(2)

Article 4(3)

Article 5(1)

Article 5(2)

Article 6

Article 7

Article 8

Article 9(1), first subparagraph

Article 9(1), second subparagraph

Article 9(2)

Article 9(3)

Article 33

Article 34

Article 3(1)

Article 30(2)

Article 30(3)

Article 30(4)

Article 31

Article 32

Article 38(1), introductory phrase and indents (a) and (b)

Article 38(2), second and third subparagraphs

Article 38(2), first subparagraph

Article 38(4), first subparagraph
—

Article 38(4), second subparagraph

Article 38(4), third subparagraph

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Regulation (EC) No 22/2008

This Regulation

Article 9(4)

Article 9(5)

Article 9(6)

Article 10

Article 11

Article 12

Annex I

Annex II and III

Article 38(4), fourth subparagraph

Article 38(5), first subparagraph

Article 38(5), second subparagraph

Article 38(6)
—

Article 41

Annex VII
—

10. REGULATION (EC) No 710/2008

Regulation (EC) No 710/2008

This Regulation

Article 1

Article 2

Article 3

Annex

11. DECISION 83/471/EEC

—

—

Article 41
—

Decision 83/471/EEC

This Regulation

Article 1

Article 2

Article 3(1)

Article 3(2), first subparagraph

Article 3(2), second subparagraph

Article 3(2), third subparagraph

Article 3(3)

Article 3(4)

Article 4

Article 5

Article 6

Article 38(1)

Article 38(2)

Article 38(3)

Article 38(4), first subparagraph
—

Article 38(4), second subparagraph

Article 38(4), third subparagraph

Article 38(4), fourth subparagraph

Article 38(5)

Article 38(6)
—