Amended proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EC) No 1760/2000 as regards electronic identification of bovine animals and deleting the provisions on voluntary beef labelling
Date: 2012-04-04
Institutions: European Commission
Subjects: administrative sanction, beef, cattle, database, health control, labelling, meat product

EUROPEAN COMMISSION 

Brussels, 4.4.2012  
COM(2012) 162 final 

2011/0229 (COD) 

Amended proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EC) No 1760/2000 as regards electronic identification of bovine 
animals and deleting the provisions on voluntary beef labelling 

 
 
  
 
EXPLANATORY MEMORANDUM 

Regulation  (EC)  No  1760/2000  of  17 July  2000  establishing  a  system  for  the  identification 
and  registration  of  bovine  animals  and  regarding  the  labelling  of  beef  and  beef  products1 
provides that each Member State is to establish a system for the identification and registration 
of bovine animals in accordance with the provisions of that Regulation. Before this and in the 
light of the Bovine Spongiform Encephalopathy (BSE) crisis Union rules on the identification 
and traceability of bovine animals were already introduced in 1997. Council Regulation (EC) 
No  820/97  established  a  regime  of  individual  traceability  of  cattle  by  means  of  individual 
identification  of  animals  with  two  ear  tags,  a  holding  register  on  each  holding  (e.g.  farm, 
market,  slaughterhouse),  individual  passport  for  each  animal  containing  data  on  all 
movements  and  reporting  all  movements  to  a  computerised  database  that  is  able  to  quickly 
trace animals and identify cohorts in the case of disease. These principles were upheld later in 
Regulation  (EC)  No  1760/2000  of  the  European  Parliament  and  the  Council.  The  ultimate 
goal was to re-establish consumer confidence in beef and beef products through transparency 
and full traceability of bovine animals and beef products and also to localise and trace animals 
for veterinary purposes, which is of crucial importance for the control of infectious diseases. 
With  a  view  to  achieving  these  objectives,  the  regime  can  be  considered  nowadays  to  be  a 
success  (BSE  has  been  put  under  control  in  the  EU  and  consumer  confidence  has  been  re-
gained2), demonstrating its effectiveness and efficiency in providing important information to 
ensure  the  control  of  infectious  diseases  (e.g.  Foot  and  Mouth  Disease,  Bluetongue)  and  to 
ensure traceability of beef.  

Regulation  (EC)  No  1760/2000  (which  establishes  a  system  for  the  identification  and 
registration  of  bovine  animals  and  labelling  of  beef  and  beef  products  -including  voluntary 
labelling- and includes the elements “double ear tag”, “holding register”, “cattle passport” and 
“computerised  database”)  was  listed  as  "information  obligations  with  special  importance  in 
terms  of  the  burdens  they  impose  on  businesses"  under  the  Communication  from  the 
Commission  to  the  Council  and  the  European  Parliament  (COM  (2009)544)  on  an  "Action 
Programme for Reducing Administrative Burdens in the EU"3. 

The Action Plan of the new EU Animal Health Strategy4 foresees the Commission to simplify 
information  obligations  (e.g.  holding  registers,  passports)  in  the  course  of  introduction  of 
bovine  electronic  identification  (EID).  A  Regulatory  proposal  for  ordinary  legislative 
procedure is planned in the Commission's Agenda Planning for first semester of 2011. 

However, when the current rules for bovine identification were adopted in 1997, EID was not 
sufficiently  developed  from  the  technical  point  of  view  as  to  be  applied  at  that  moment  for 
cattle. EID based on radio frequency identification (RFID) has considerably developed during 
the  last  10  years  and  provides  for  a  faster  and  more  accurate  reading  of  individual  animal 
codes directly into data processing systems, saving labour costs for manual reading but at the 
same time, increasing equipment costs. Thus, the existing legislation on bovine identification 
does  not  reflect  these  latest  technological  developments.  The  use  of  electronic  identifiers 
could  help  to  reduce  the  administrative  burden  and  paper-work,  for  instances  when  the 

1 
2 

3 
4 

OJ L 204, 11.8.2000, p. 1. 
COM (2005) 322 Final-TSE Road Map: 
http://ec.europa.eu/food/food/biosafety/tse_bse/docs/roadmap_en.pdf 
http://www.cc.cec/sg_vista/cgi-bin/repository/getdoc/COMM_PDF_COM_2009_0544_F_EN_ANNEXE.pdf 
Reference COM (2007) 539 final. 

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holding register is kept on a computerised form (which is the case for a growing percentage of 
farms), by using automatic reading and by using automatic entry into the register. In addition, 
a  faster  and  more  reliable  system  will  allow,  among  others,  a  faster  and  higher  reading 
accuracy  than  classical  ear-tags,  easing  the  procedure  to  report  animal  movements  to  the 
central data base and therefore provides for better and faster traceability of infected animals 
and/or infected food.  

Based on the EID current technological advances, several EU Member States have decided on 
a voluntary basis, to start implementing bovine EID. Experience outside the EU shows also an 
increasing  use  of  bovine  EID.  In  addition,  EID  has  been  already  introduced  in  the  EU  for 
several animal species (most of them as mandatory). 

The  current  legal  framework  does  not  prohibit  Member  States  from  using  electronic 
identifiers on a voluntary basis, but this must be done in addition to the official conventional 
visible  ear  tags.  As  no  harmonised  technical  EU  standards  have  been  established,  different 
types  of  electronic  identifiers  and  readers  with  different  RFID  frequencies  could  be  used  in 
different  places.  Therefore  each  Member  State  might  select  the  standards  it  wants  and  this 
approach is likely to lead to a lack of harmonisation jeopardising electronic exchange of data 
and then the benefits of having EID systems would be lost. 

In relation to voluntary beef labelling, there is a need to reduce the excessive administrative 
burden  in  the  voluntary  system  which  is  currently  in  place.  Regulation  (EC)  No  820/97 
established a system for the identification and registration of bovine animals and labelling of 
beef and beef products, which was further strengthened by Regulation (EC) No 1760/2000. It 
concerns the compulsory indication of the origin of the cattle (born/fattened/slaughtered) from 
which  the  beef  originated  (this  proposal  does  not  include  any  new  provisions  in  relation  to 
mandatory requirements for beef labelling), compulsory references to the identification code 
number of the slaughtered animal, and the establishments where the meat has been processed 
(slaughterhouse  and  meat  cutting  plant)  and  also  a  formal  Commission  approval  procedure 
including  a  notification  requirement  for  any  additional  labelling  information  other  than 
compulsory ones. Already in 2004 the Commission submitted a report to the Council and the 
European  Parliament  on  the  beef  labelling  part  of  Regulation  (EC)  No  1760/20005  that 
pointed out deficiencies of the voluntary beef labelling scheme. Those were that the system is 
not  applied  in  a  uniform  way  in  all  Member  States  (e.g.  the  administrative  practice  differs 
considerably  between  the  Member  States)  and  that  all  indications  included  in  the  label 
(including  those  that  are  not  related  to  origin,  traceability  or  quality  characteristics  of  the 
meat)  would  be  subject  to  a  formal  approval  procedure  by  the  competent  authority.  The 
Commission  Staff  Working  Document  on  Simplification  of  the  CAP6  points  out  the 
suggestion  put  forward  by  the  “High  Level  Group  of  Independent  Stakeholders  on 
Administrative  Burdens”  (Stoiber  Group).  The  Stoiber  Group  suggested  repealing  the 
notification  requirement  with  regard  to  the  use  of  additional  voluntary  labelling  indications 
other than those which are compulsory for beef.7  

This  proposal  takes  into  account  the  results  of  the  consultations  which  took  place  with 
interested  parties  and  the  result  of  an  impact  assessment.  The  impact  assessment  concluded 
that  introducing  bovine  EID  on  a  voluntary  basis  as  a  tool  for  official  identification  would 

5 
6 
7 

COM(2004) 316 final. 
SEC(2009)1601 of 16/11/2009 http://ec.europa.eu/agriculture/simplification/sec2009_1601_en.pdf 
http://ec.europa.eu/enterprise/policies/better-regulation/files/hlg_opinion_agriculture_050309_en.pdf, page 7. 

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allow actors to  have  time to familiarise themselves with the EID system and to identify the 
added value it would bring in particular circumstances. This option is preferable as it leaves 
open to EU Member States and all the private actors involved to organise themselves, so they 
can evaluate the benefits considering regional differences, different types of production and it 
is  flexible  enough  to  receive  support  from  authorities  and  stakeholders  that  will  benefit  the 
enforcement  of  the  rules.  The  voluntary  introduction  of  EID  implies  that  EID  would  be 
chosen by the keepers that are likely to have immediate benefits for farm management. This is 
an  individual  decision  taken  for  economic  reasons  (market  driven)  by  each  operator.  Under 
the  voluntary  regime,  bovine  animals  could  be  identified  by  two  conventional  ear  tags 
(current system), or by one conventional visible ear tag and one electronic identifier (i.e. an 
electronic  ear  tag  or  a  bolus)  conforming  to  EU-harmonised  standards  that  have  been 
officially approved. The proposed introduction of electronic identification on a voluntary basis 
provides also the option for EU Member States to opt for a mandatory regime in their national 
territory. In case the Member State opts for the mandatory regime, each bovine animal is to be 
identified by one conventional visible ear tag and one electronic identifier. An EU mandatory 
regime may not be the best approach at the moment as some stakeholders (e.g. small farmers) 
would  be  disadvantaged  economically.  However  besides  cost  considerations,  it  would  be 
ideally  the  most  efficient  option in  terms  of  consumer  protection  (traceability),  reduction  of 
administrative  burden,  and  to  avoid  risks  related  to  the  co-existence  of  two  systems  of 
identification. This option would be also partially justifiable in terms of better coherence with 
EU policies on EID in other animal species (e.g. sheep).  

Therefore, as a mandatory implementation of EID might economically affect some operators 
in a non-advantageous way, the preferred option for introduction of EID is a voluntary regime 
where  EID  is  considered  an  acceptable  and  suitable  legal  means  of  identification  of  bovine 
animals, with the possibility for Member States to introduce a mandatory regime at national 
level. 

In  addition,  there  is  a  need  to  align  Regulation  (EC)  No  1760/2000  in  accordance  with  the 
Treaty on the Functioning of the European Union.  

The entry into force of the Treaty on the Functioning of the European Union ('TFEU') has led 
to significant changes in the framework for the adoption of delegated and implementing acts. 
As  regards  the  adoption  of  delegated  and  implementing  acts,  TFEU  clearly  distinguishes 
between the two. 

– 

– 

Article  290  TFEU  on  delegated  acts  provides  for  the  legislator(s)  to  control  the 
exercise of the Commission's powers by means of a right of revocation and/or a right 
of objection.  

Article 291 TFEU on implementing acts provides for the control by Member States 
of  the  Commission's  implementing  powers.  A  legal  framework  establishing  the 
mechanisms  of  such  control  is  set  out  in  Regulation  (EU)  No  182/2011  of  the 
European  Parliament  and  the  Council  laying  down  the  rules  and  general  principles 
concerning mechanisms for control by Member States of the Commission’s exercise 
of implementing powers.8 

8 

OJ L 55, 28.2.2011 p. 13. 

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In  relation  to  the  adoption  of  Regulation  (EU)  No  182/2011,  the  Commission  made  the 
following statement: 

"The  Commission  will  proceed  to  an  examination  of  all  legislative  acts  in  force 
which  were  not  adapted  to  the  regulatory  procedure  with  scrutiny  before  the  entry 
into  force  of  the  Lisbon  Treaty,  in  order  to  assess  if  those  instruments  need  to  be 
adapted  to  the  regime  of  delegated  acts  introduced  by  Article  290  of  the  Treaty  on 
the Functioning of the European Union. The Commission will make the appropriate 
proposals  as  soon  as  possible  and  no  later  than  at  the  dates  mentioned  in  the 
indicative calendar annexed to this declaration."9 

Regulation (EC) No 1760/2000 is one of the legislative acts that had not been adapted in the 
past to the regulatory procedure with scrutiny and must therefore be aligned to the new legal 
framework of delegated and implementing acts.  

Regulation  (EC)  No  1760/2000  should  therefore  be  reviewed  and  amended  accordingly  as 
regards simplification and reducing of administrative burden and introducing new provisions 
related to bovine identification and voluntary beef labelling.  

This  proposal  replaces  the  proposal  adopted  by  the  Commission  on  30  August  2011 
(COM  2011(525) final).  The  only changes introduced in this new  proposal concern the 
provisions  of  Article  22  aimed  at  ensuring  uniform  conditions  for  the  imposition  of 
sanctions in case of non-compliance with the relevant rules on identification of animals 
and labelling of beef and beef products. 

This  draft  proposal  for  a  Regulation  of  the  Parliament  and  the  Council  has  no  financial 
implications for the budget of the European Union.  

9 

OJ L 55, 28.2.2011 p. 19. 

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2011/0229 (COD) 

Amended proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EC) No 1760/2000 as regards electronic identification of bovine 
animals and deleting the provisions on voluntary beef labelling 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Articles 43(2) and 168(4)(b) thereof, 

Having regard to the proposal from the European Commission10, 

After transmission of the draft legislative act to the national parliaments, 

Having regard to the opinion of the European Economic and Social Committee11, 

Having regard to the opinion of the Committee of Regions12, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

In 1997, Union rules on the identification and traceability of bovine animals were re-
enforced in the light of the bovine spongiform encephalopathy (BSE) epidemic and the 
resulting 
the  animal's  movement  and  origin  using 
"conventional ear tags". 

increased  need 

trace 

to 

Regulation  (EC)  No  1760/2000  of  the  European  Parliament  and  of  the  Council  of 
17 July  2000  establishing  a  system  for  the  identification  and  registration  of  bovine 
animals  and  regarding  the  labelling  of  beef  and  beef  products13  provides  that  each 
Member State is to establish a system for the identification and registration of bovine 
animals in accordance with the provisions of that Regulation.  

Regulation  (EC)  No  1760/2000  establishes  a  system  for  the  identification  and 
registration of bovine animals comprising ear tags applied on both ears of each animal, 
computerised  databases,  animal  passports  and  individual  registers  kept  on  each 
holding. 

10 
11 
12 
13 

OJ L xx, xx.xx. xxxx, p. xx. 
OJ L xx, xx.xx. xxxx, p. xx. 
OJ L xx, xx.xx. xxxx, p. xx. 
OJ L 204, 11.8.2000, p. 1. 

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(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

Tracing of beef to source via identification and registration is a prerequisite for origin 
labelling throughout the food chain ensuring consumer protection and public health.  

Regulation  (EC)  No  1760/2000  and  more  in  particular  bovine  identification  and 
voluntary  beef  labelling  were  listed  as  "information  obligations  with  special 
importance in terms of the burdens they impose on businesses" in the Communication 
from  the  Commission  to  the  Council  and  the  European  Parliament  on  an  "Action 
Programme for Reducing Administrative Burdens in the EU"14 .  

The  use  of  electronic  identification  systems  would  potentially  streamline  traceability 
processes through automated and more accurate reading and recording into the holding 
register.  It  would  enable  also  automated  reporting  of  animal  movements  into  the 
computerised data base and thus improve speed, reliability and accuracy of the system. 

Electronic  identification  systems  based  on  radio  frequency  identification  have 
considerably improved in the last ten years. That technology allows a faster and more 
accurate  reading  of  individual  animal  identity  codes  directly  into  data  processing 
systems resulting on a reduction of time needed to trace potential infected animals or 
infected food, saving labour costs but at the same time increasing equipment costs.  

This  Regulation  is  coherent  with  the  fact  that  electronic  identification  (EID)  has 
already been introduced in the Union for other animal species than bovine, such as the 
mandatory system used in small ruminants. 

Given the technological advances in EID, several Member States have decided to start 
to implement bovine EID on a voluntary basis. Those initiatives are likely to lead to 
different  systems  to  be  developed  in  individual  Member  States  or  by  stakeholders. 
Such  a  development  would  impede  later  harmonisation  of technical  standards  within 
the Union. 

(10)  A  Report  from  the  Commission  to  the  Council  and  the  European  Parliament  on  the 
possibility  of  introduction  of  electronic  identification  for  bovine  animals15  concludes 
that it has been demonstrated that radio frequency identification has been developed to 
the extent that it can be applied in practice. The report also concludes that it is highly 
desirable  to  switch  to  electronic  identification  of  bovine  animals  within  the  Union 
since among other benefits, it will contribute to reduce the administrative burden. 

(11)  According to the Communication from the Commission to the Council, the European 
Parliament, the European Economic and Social Committee and the Committee of the 
Regions "Action Plan for the implementation of the EU Animal Health Strategy" 16 the 
Commission  is  to  simplify  information  obligations,  such  as  holding  registers  and 
passports in the course of the introduction of EID.  

(12)  The  Communication  from  the  Commission  to  the  Council,  the  European  Parliament, 
the European Economic and Social Committee and the Committee of the Regions on a 
new Animal Health Strategy for the European Union (2007-2013) where “Prevention 

14 
15 
16 

COM (2009) 544 final. 
COM (2005) 9 final. 
COM (2008) 545 final. 

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is  better  than  cure”17,  proposes  considering  EID  for  bovine  animals  as  a  possible 
improvement  to  the  existing  EU  system  of  identification  and  registration  in  order  to 
simplify  information  obligations  (e.g.  holding  registers,  passports)  and  includes  the 
initiative to implement an electronic bovine passport exchange. That exchange would 
entail the introduction of electronic identification with real time introduction of data. 
Such  exchange  would  lead  to  considerable  savings  of  cost  and  efforts  for  the 
competent  authorities  of  the  Member  States  and  other  stakeholders  and  reduce  the 
workload  when  transferring  animal  passports  data  into  computerised  databases.  This 
Regulation is coherent with that initiative.  

(13)  This  Regulation  is  thus  expected  to  contribute  to  some  key  objectives  of  major  EU 
strategies  including  EU  2020  by  improving  economic  growth,  cohesion  and 
competitiveness. 

(14)  Certain  third  countries  have  already  established  rules  allowing  advanced  EID 
technologies. The Union should establish similar rules to facilitate trade and increase 
the sector's competitiveness. 

(15)  Different  types  of  electronic  identifiers,  such  as  ruminal  boluses,  electronic  ear  tags, 
and injectable transponders may be used to individually identify animals in addition to 
the  conventional  ear  tags  provided  for  in  Regulation  (EC)  No  1760/2000.  It  is 
therefore appropriate to broaden the scope of the means of identification provided for 
in that Regulation in order to enable the use of electronic identification. 

(16)  Making EID mandatory throughout the Union may have economically adverse effects 
on  certain  operators.  It  is  therefore  appropriate  that  a  voluntary  regime  for  the 
introduction  of  EID  is  established.  Under  such  a  regime,  EID  would  be  chosen  by 
keepers that are likely to have immediate economic benefits.  

(17)  Member  States  have  very  different  husbandry  systems,  farming  practices  and  sector 
organisations. Member States should therefore be allowed to make EID compulsory on 
their territory only when they deem it appropriate, after considering all those factors.  

(18)  Animals  entering  the  Union  from  third  countries  should  be  subject  to  the  same 

identification requirements that apply to animals born in the Union.  

(19)  Regulation  (EC)  No  1760/2000  provides  that  the  competent  authority  is  to  issue  a 
passport for each animal which has to be identified in accordance with that Regulation. 
This  causes  a  considerable  administrative  burden  for  the  Member  States.  The 
computerised databases established by Member States sufficiently ensure traceability 
of domestic movements of bovine animals. Passports should therefore be issued only 
for animals intended for intra-Union trade. Once the data exchange between national 
computerised  databases  is  operational,  the  requirement  of  issuing  such  passports 
should no longer apply for animals intended for intra-Union trade. 

(20)  Section II of Title II of Regulation (EC) No 1760/2000 lays down rules for a voluntary 
beef labelling system which provide for the approval of certain labelling specifications 
by  the  competent  authority  of  the  Member  State.  The  administrative  burden  and  the 
costs incurred by Member States and economic operators in applying this system are 

17 

COM (2007) 539 final. 

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not  proportionate  to  the  benefits  of  the  system.  That  Section  should  therefore  be 
deleted. 

(21)  As a consequence of the entry into force of the Lisbon Treaty, the powers conferred 
under Regulation (EC) No 1760/2000 upon the Commission need to be aligned with 
Articles  290  and  291  of  the  Treaty  on  the  Functioning  of  the  European  Union  (the 
Treaty). 

(22) 

(23) 

In  order  to  ensure  that  the  necessary  rules  for  the  proper  functioning  of  the 
identification, registration and traceability of bovine animals and beef are applied, the 
power to adopt acts in accordance with Article 290 of the Treaty should be delegated 
to the Commission in respect of requirements for alternative means of identification of 
bovine  animals,  special  circumstances  in  which  Member  States  may  extend  the 
maximum  periods  for  the  application  of  the  means  of  identification,  data  to  be 
exchanged between the computerised databases of the Member States, the maximum 
period for certain reporting obligations, the requirements for means of identification, 
the  information  to  be  included  in  the  passports  and  in  the  individual  registers  to  be 
kept  on  each  holding,  the  minimum  level  of  official  controls,  the  identification  and 
registration  of  movements  of  bovine  animals  when  put  out  to  summer  grazing  in 
different  mountain  areas,  rules  for  labelling  certain  products  which  should  be 
equivalent to the rules laid down in Regulation (EC) No 1760/2000, the definitions of 
minced beef, beef trimmings or cut beef, the specific indications  that may be  put on 
labels, the labelling provisions related to the simplification of the indication of origin, 
the  maximum  size  and  composition  of  certain  groups  of  animals,  the  approval 
procedures  related  to  labelling  conditions  on  packaging  of  cut  meat  and,  the 
administrative  sanctions  to  be  applied  by  the  Member  States  in  cases  of 
irregularitiesnon-compliance with Regulation (EC) No 1760/2000. It is of particular 
importance  that  the  Commission  carry  out  appropriate  consultations  during  its 
preparatory work, including at expert level.   

The Commission, when preparing and drawing-up such delegated acts, should ensure 
a  simultaneous,  timely  and  appropriate  transmission  of  relevant  documents  to  the 
European Parliament and to the Council.  

In order to ensure uniform conditions for the implementation of thisRegulation (EC) 
No  1760/2000  with  respect  to  the  registration  of  holdings  making  use  of  alternative 
means  of  identification,  technical  characteristics  and  modalities  for  the  exchange  of 
data between the computerised databases of Member States, the format and design of 
the means of identification, technical procedures and standards for the implementation 
of EID, the format of the passports and of the register to be kept on each holding, rules 
concerning the procedures for the application of the sanctions imposed by the Member 
States on holders pursuant to Regulation (EC) No 1760/2000, correctingve modalities 
actions  to  be  taken  by  the  Member  States  to  ensure  proper  compliance  with 
Regulation  (EC)  No  1760/2000,  in  cases  irregularities  are  detected  by  the 
Commission services duringwhere on–the-spot checks so justifycontrols to Member 
States, implementing powers should be conferred on the Commission. Those powers 
should be exercised in accordance with Regulation (EU) No 182/2011 of the European 
Parliament and of the Council of 16 February 2011 laying down the rules and general 

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principles concerning mechanisms for control by Member States of the Commission's 
exercise of implementing powers.18  

(24)  Regulation (EC) No 1760/2000 should therefore be amended accordingly, 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Regulation (EC) No 1760/2000 is hereby amended as follows: 

(1) 

(2) 

in Article 1, the second sentence of paragraph 2 is deleted. 

in Article 3, in the first paragraph, point (a) is replaced by the following: 

"(a)  means of identification to identify animals individually;" 

(3) 

Article 4 is replaced by the following: 

"Article 4 

Obligation to identify animals 

1.  All animals on a holding shall be identified by at least two individual means of 
identification authorised in accordance with Articles 10 and 10a and approved 
by the competent authority.  

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

All  means  of  identification  applied  to  one  animal  shall  bear  the  same  unique 
identification code, which makes it possible to identify the animal individually 
together with the holding on which it was born. 

2.  Member States may introduce national provisions to make compulsory the use 
of  an  electronic  identifier  as  one  of  the  two  means  of  identification  provided 
for in paragraph 1.  

The Member States that make use of this option shall provide the Commission 
with the text of such national provisions. 

3. 

By way of derogation from paragraph 1, bovine animals intended for cultural 
and  sporting  events  other  than  fairs  and  exhibitions  may  be  identified  by 
alternative means of identification offering equivalent identification standards 
to those provided for in that paragraph. 

4.  Holdings making use of alternative means of identification shall be registered 

in the computerised database. 

18 

OJ L 55, 28.2.2011, p. 13. 

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The Commission shall, by means of implementing acts, lay down the necessary 
rules concerning such registration. Those implementing acts shall be adopted in 
accordance with the examination procedure referred to in Article 23(2).  

5. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance 
with  Article  22b  concerning  the  requirements  for  the  alternative  means  of 
identification referred to in paragraph 3, including provisions on their removal 
and replacement." 

(4) 

The following Articles 4a to 4d are inserted: 

"Article 4a 

Time period for the application of the means of identification 

1. 

The means of identification provided for in Article 4(1) shall be applied within 
a  maximum  period  from  the  birth  of  the  animal  to  be  determined  by  the 
Member  State  in  which  the  animal  was  born.  That  period  shall  not  be  longer 
than: 

(a) 

20 days for the first means of identification;  

(b)  60 days for the second means of identification.  

No animal may leave the holding where it was born before the two means of 
identification have been applied. 

2.  Under special circumstances Member States may extend the maximum periods 
for  the  application  of  the  means  of  identification  for  a  longer  period  than 
provided  for  in  paragraph  1(a)  and  (b).  The  Member  States  that  make  use  of 
this option shall inform the Commission thereof.  

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance 
with Article 22b to determine those special circumstances.  

Article 4b 

Identification of animals from third countries 

1.  Any animal subject to veterinary checks on animals entering the Union from a 
third country pursuant to Directive 91/496/EEC and intended for a holding of 
destination within the territory of the Union shall be identified at the holding of 
destination with the means of identification provided for in Article 4(1).  

The original identification applied to the animal in the third country of origin 
shall  be  recorded  in  the  computerised  database  provided  for  in  Article  5 
together  with  the  unique  identification  code  of  the  individual  means  of 
identification allocated to the animal by the Member State of destination.  

However, the first subparagraph shall not apply to animals destined directly for 
a  slaughterhouse  situated  in  a  Member  State,  provided  that  the  animals  are 
slaughtered within 20 days following those veterinary checks. 

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2. 

The means of identification of animals referred to in the first subparagraph of 
paragraph 1 shall be applied within a maximum period to be determined by the 
Member State in which the holding of destination is located. 

That period shall not exceed 20 days following the veterinary checks referred 
in paragraph 1. In any event, the means of identification shall be applied to the 
animals before they leave the holding of destination.  

3.  Where  the  holding  of  destination  is  situated  in  a  Member  State  that  has 
introduced  national  provisions  to  make  compulsory  the  use  of  an  electronic 
identifier as referred to in Article 4(2), the animals shall be identified with that 
electronic identifier in the holding of destination in the Union, within a period 
to be determined by the Member State of destination.  

That period shall not exceed 20 days following the veterinary checks referred 
in  paragraph  1.  In  any  event,  the  electronic  identifier  shall  be  applied  to  the 
animals before they leave the holding of destination. 

Article 4c 

Identification of animals moved from one Member State to another 

1.  Animals  moved  from  one  Member  State  to  another  shall  retain  the  means  of 

identification applied to them pursuant to Article 4.  

2.  Where  the  holding  of  destination  is  situated  in  a  Member  State  that  has 
introduced  national  provisions  to  make  compulsory  the  use  of  an  electronic 
identifier, the animals shall be identified with that electronic identifier: 

(a) 

(b) 

before being moved to the holding of destination in that Member State; 
or 

in the holding of destination within a maximum period to be determined 
by the Member State where that holding is located. 

The maximum period referred to in point (b) shall not exceed 20 days from the 
date  of  arrival  of  the  animals  on  the  holding  of  destination. In  any  event,  the 
means  of  identification  shall  be  applied  to  the  animals  before  they  leave  the 
holding of destination.  

However, the first subparagraph shall not apply to animals destined directly for 
a  slaughterhouse  situated  in  the  territory  of  the  Member  State  that  has 
introduced  national  provisions  to  make  compulsory  the  use  of  an  electronic 
identifier, provided that the animals are slaughtered within 20 days following 
those veterinary checks.  

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Article 4d 

Removal or replacement of means of identification 

No means of identification may be removed or replaced without the permission and 
without the control of the competent authority. Such permission may only be granted 
where the removal or replacement do not compromise the traceability of the animal." 

(5) 

Article 5 is amended as follows: 

– 

the second paragraph is deleted and replaced by the following:  

"Member  States  may  exchange  electronic  data  between  their  computerised 
databases from the date when the Commission recognises the full operability of 
the data exchange system. 

The Commission shall adopt delegated acts in accordance with Article 22b to 
lay down the rules concerning the data to be exchanged between computerised 
databases of Member States. 

The Commission shall by means of implementing acts: 

(a) 

lay down the technical conditions and modalities for such exchange; 

(b) 

recognise the full operability of the data exchange system. 

Those implementing acts shall be adopted in accordance with the examination 
procedure referred to in Article 23(2)." 

(6) 

Article 6 is replaced by the following:  

"Article 6 

Where a Member State does not exchange electronic data with other Member States 
in the framework of the electronic exchange system referred to in Article 5: 

(a) 

(b) 

(c) 

the competent authority shall, for each animal that is intended for intra-Union 
trade, issue a passport based on the information contained in the computerised 
database set up in that Member State;  

each  animal  for  which  a  passport  is  issued,  shall  be  accompanied  by  it 
whenever the animal is moved from one Member State to another; 

upon  arrival  of  the  animal  at  the  holding  of  destination,  the  passport 
accompanying  the  animal  shall  be  surrendered  to  the  competent  authority  of 
the Member State where the holding of destination is located."  

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(7) 

Article 7 is amended as follows: 

(a) 

paragraph 1 is amended as follows: 

(i) 

the second indent is replaced by the following: 

"– 

report  to  the  competent  authority  all  movements  to  and  from  the 
holding and all births and deaths of animals of the holding, together 
with the dates of those events, within a maximum period fixed by 
the Member State; the maximum period shall be at least three days 
and  no  longer  than  seven  days  following  the  occurrence  of  the 
event;  Member  States  may  request  the  Commission  to  extend  the 
maximum period of seven days." 

(ii) 

the following second subparagraph is added: 

"The  Commission  shall  be  empowered  to  adopt  delegated  acts  in 
accordance  with  Article  22b  to  determine  the  circumstances  in  which 
Member States may extend the maximum period of seven days provided 
for  in  the  second  indent  of  the  first  subparagraph,  together  with  the 
maximum length of that extension."  

(b) 

the following paragraph 5 is added: 

"5.  By  way  of  derogation  from  paragraph  4,  keeping  an  up-to-date  register 

shall be optional for any keeper who: 

(a) 

(b) 

has  direct  access  to  the  computerised  database  which  already 
contains the information to be included in the register; and 

enters  up-to-date  information  directly  into  the  computerised 
database within twenty-four hours of the occurrence of the event." 

(8) 

The following Article 9a is inserted:  

"Article 9a 

Training 

Member  States  shall  ensure  that  any  person  responsible  for  the  identification  and 
registration of animals receives instructions and guidance on the relevant provisions 
of  this  Regulation  and  of  any  delegated  and  implementing  acts  adopted  by  the 
Commission  on  the  basis  of  Articles  10  and  10a,  and  that  appropriate  training 
courses are available."  

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(9) 

Article 10 is replaced by the following: 

"Article 10 

Conferral of powers on the Commission to adopt certain delegated acts 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 22b to lay down the necessary rules, including transitional measures required 
for their introduction, concerning: 

(a) 

the requirements for the means of identification provided for in Article 4; 

(b) 

the information to be included in the passport provided for in Article 6; 

(c) 

the information to be included in the register provided for in Article 7; 

(d) 

(e) 

the  minimum  level  of  official  controls  to  be  carried  out  in  accordance  to 
Article 22;  

the  identification  and  registration  of  movements  of  bovine  animals  when  put 
out to summer grazing in different mountain areas." 

(10) 

The following Article 10a is inserted: 

"Article 10a 

Conferral of certain implementing powers on the Commission 

The Commission may lay down, by means of implementing acts, the necessary rules, 
including transitional measures required for their introduction, concerning:  

(a) 

the format and design of the means of identification provided for in Article 4; 

(b) 

the technical procedures and standards for the implementation of the electronic 
identification of bovine animals;  

(c) 

the format of the passport provided for in Article 6; 

(d) 

the format of the register provided for in Article 7; 

Those  implementing  acts  shall  be  adopted  in  accordance  with  the  examination 
procedure referred to in Article 23(2)". 

(11) 

Article 13 is amended as follows: 

(a) 

paragraphs 3 and 4 are deleted; 

(b) 

in  paragraph  5,  the  introductory  phrase  of  point  (a)  is  replaced  by  the 
following: 

"(a)  Operators and organisations shall also indicate on the labels:" 

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(12) 

In Article 14, the fourth paragraph is replaced by the following: 

"The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 22b to lay down rules equivalent to those in the first three paragraphs of this 
Article for beef trimmings or cut beef."  

(13) 

Article 15 is replaced by the following: 

"Article 15 

Compulsory labelling of beef from third countries 

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

'origin: non-EU' and 'Slaughtered in (name of third country)'." 

(14) 

Articles 16, 17 and 18 are deleted. 

(15) 

Article 19 is replaced by the following: 

"Article 19 

Conferral of powers on the Commission to adopt certain delegated acts 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 22b concerning:  

(a) 

the  definitions  of  minced  beef,  beef  trimmings  or  cut  beef  referred  to  in 
Article 14; 

(b) 

the specific indications that may be put on labels;  

(c) 

the labelling provisions related to the simplification of the indication of origin;  

(d) 

(e) 

the  maximum  size  and  composition  of  the  group  of  animals  referred  to 
Article 13(2)(a);  

the  approval  procedures  related  to  labelling  conditions  on  packaging  of  cut 
meats; " 

(16) 

Articles 20 and 21 are deleted. 

(17) 

Article 22 is amended as follows: 

(a) 

in paragraph 1, the following third subparagraph is added: 

"The  Commission  shall,  by  means  of  implementing  acts,  lay  down  the 
necessary  rules,  including  transitional  measures  required  for  their 
introduction,  concerning  the  procedures  for  the  application  of  the 
sanctions  referred  to  in  the  second  subparagraph.  Those  implementing 

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acts  shall  be  adopted  in  accordance  with  the  examination  procedure 
referred to in Article 23(2)." 

"The  Commission  shall,  by  means  of  implementing  acts,  lay  down  the 
necessary rules, including transitional measures required for their introduction, 
concerning  the  procedures  and  conditions  for  the  application  of  the  sanctions 
referred to in the second subparagraph". 

(b)  paragraph 4 is replaced by the following: 

"4.  Where  the  Commission  deems  that  the  outcome  of  an  on-the-spot 
check referred to in point (b) of paragraph 2 so justifies, it shall, by 
means  of  an  implementing  act,  adopt  a  decision  addressed  to  the 
Member  State  concerned,  laying  down  the  necessary  corrective 
action to be taken by that Member State as regards the irregularities 
spotted,  including  the  level  of  controls  to  be  carried  out  by  the 
competent authority in order to ensure proper compliance with this 
Regulation. 

Where the Commission deems that the outcome of checks so justifies, it 
shall, by means of an implementing act, draw up the necessary measures 
to ensure proper compliance in particular as regards level of controls, the 
administrative  sanctions,  and  provision  related  to  the  maximum  periods 
referred  to  in  Article  4,  4a,  4b  and  4c.  That  implementing  act  shall  be 
adopted  in  accordance  with  the  examination  procedure  referred  to  in 
Article 23(2)." 

(c) 

the following new paragraph 4a is inserted: 

"4a.  The  Commission  shall  be  empowered  to  adopt  delegated  acts  in 
accordance with Article 22b to lay down the administrative sanctions 
which  Member  States  shall  apply  where  keepers,  operators  and 
organisations  marketing  beef  do  not  comply  with  their  obligations 
under this Regulation." 

(dc)  paragraphs 5 and 6 are deleted. 

(18) 

The following Articles 22a and 22b are inserted: 

"Article 22a 

Competent authorities  

Member States shall designate the competent authority or authorities responsible for 
ensuring compliance with this Regulation and any acts adopted by the Commission 
on its basis.  

They  shall  inform  the  Commission  and  the  other  Member  States  of  the  identity  of 
those authorities.  

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Article 22b  

Exercise of the delegated powers 

1. 

2. 

3. 

The power to adopt delegated acts is conferred on the Commission subject to 
the conditions laid down in this Article. 

The delegation of power referred to in Articles 4(5) and 4a(2), and in Articles 
5,  7,  10,  14  and  19  and  in  Article  22(4a)  shall  be  conferred  on  the 
Commission for an indeterminate period of time from* 

[*date of entry into force of this Regulation or from any other date set by the 
legislator]. 

The delegation of power referred to in Articles 4(5) and 4a(2), and in Articles 
5, 7, 10, 14 and 19 and in Article 22(4a) may be revoked at any time by the 
European Parliament or by the Council. A decision of revocation shall put an 
end to the delegation of the power specified in that decision. It shall take effect 
the day following the publication of the decision in the official Journal of the 
European  Union  or  at  a  later  date  specified  therein.  It  shall  not  affect  the 
validity of any delegated acts already in force. 

4.  As  soon  as  it  adopts  a  delegated  act,  the  Commission  shall  notify  it 

simultaneously to the European Parliament and to the Council. 

5.  A delegated act adopted pursuant to Articles 4(5) and 4a(2), and Articles 5, 7, 
10, 14, and 19 and in Article 22(4a) shall enter into force only if no objection 
has been expressed either by the European Parliament or the Council within a 
period of two months of notification of that act to the European Parliament and 
the Council or if, before the expiry of that period, the European Parliament and 
the Council have both informed the Commission that they will not object. That 
period  shall  be  extended  by  two  months  at  the  initiative  of  the  European 
Parliament or the Council." 

(19) 

Article 23 is replaced by the following: 

"Article 23 

Committee procedure 

1. 

The Commission shall be assisted: 

(a) 

for  the  implementing  acts  adopted  pursuant  to  Article  22(1),  by  the 
Committee on the Agricultural Funds established by article 41 of Council 
Regulation (EC) No 1290/200519; 

(b) 

for the implementing acts adopted pursuant to Article 4(4) and Articles 5, 
10a  and  22(4),  by  the  Standing  Committee  on  the  Food  Chain  and 

19 

OJ L 209, 11.8.2005, p. 1. 

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Animal  Health  established  by  Article  58  of  Regulation  (EC)  No 
178/2002 of the European Parliament and of the Council.20  

Those committees shall be committees within the meaning of Regulation 
(EU) No 182/2011.  

2.  Where  reference  is  made  to  this  paragraph,  Article  5  of  Regulation  (EU)  No 

182/2011 shall apply.  

Where  the  opinion  of  the  Committee  is  to  be  obtained  by  written  procedure, 
that  procedure  shall  be  terminated  without  result  when,  within  the  time  limit 
for delivery of the opinion, the chair of the Committee so decides or a simple 
majority of committee members so requests."  

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

Article 2 

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

Done at Brussels, 4.4.2012 

For the European Parliament 
The President 

For the Council 
The President 

20 

OJ L 31, 1.2.2002, p. 1.  

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