Council Regulation (EC) No 700/2007 of 11 June 2007 on the marketing of the meat of bovine animals aged 12 months or less

22.6.2007 EN Official Journal of the European Union L 161/1
COUNCIL REGULATION (EC) No 700/2007
of 11 June 2007
on the marketing of the meat of bovine animals aged 12 months or less
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 37(2) thereof,
Having regard to the proposal from the Commission,
Having regard to the Opinion of the European Parliament,
Whereas:
(1) The second subparagraph of Article 2, in conjunction with point (b) of the first subparagraph of that Article, of Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal (1) provides that the Council is to adopt general rules concerning measures to promote better organisation of production, processing and marketing.
(2) The systems of production of bovine animals aged 12 months or less and their characteristics at the time of slaughter often differ from one Member State to another. On the main consumer markets in the Community, meat from these different production systems is generally marketed under one single sales description.
(3) Experience shows that this practice could disturb trade and encourage unfair competition. Consequently, it has a direct effect on the establishment and functioning of the internal market.
(4) This practice could also cause confusion for consumers and is likely to mislead them.
(5) To improve the functioning of the internal market, the marketing of the meat of bovine animals aged 12 months or less should be organised in such a way as to make it as transparent as possible. This will also enable such production to be better organised. For that purpose, the sales descriptions to be used in each language of the Member States for the marketing of the meat of bovine animals aged 12 months or less should be specified. This will also improve information for consumers.
(6) In certain cases, the meat of bovine animals aged 12 months or less enjoys protection under Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (2). In those cases it is marketed under the protected indication or designation and, as a result, can be precisely identified by operators and consumers. Accordingly, this Regulation should not affect those protected indications and designations.
(7) Various studies have shown that the organoleptic characteristics of meat, such as tenderness, flavour and colour, change with the age of the animals from which it is obtained and the feed used.
(8) According to a public consultation organised by the Commission in 2005, for a majority of consumers the age of the animals and what they have been fed on are important criteria in determining the characteristics of their meat. On the other hand, the weight of the animals on slaughter appears to be less important.
(9) The systems of production and the type of feed used for animals aged 12 months or less are linked to the age at which the animals go to slaughter. It is easier to monitor age on slaughter than the type of feed used. Consequently, the use of different sales descriptions according to the age of the animals should be sufficient to provide the necessary transparency.
(10) According to the same consultation, most consumers consider that animals aged eight months or less belong in a category of their own. That age limit is also used in Article 130 of Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers (3) to determine the eligibility of animals for the slaughter premium. Therefore, that age limit should be used to divide the category of animals aged 12 months or less into two sub-categories.
(11) The consultation also showed that, depending on the Member State, consumer expectations of the same sales description can differ. Therefore, when selecting sales descriptions, it makes sense to take account as far as possible of customs and cultural traditions to help consumers make a choice in line with their expectations.
(12) Provision should also be made for the meat of bovine animals aged 12 months or less to be identified by a letter representing the category to which they belong.
(13) Operators wishing to supplement the sales descriptions provided for in this Regulation by other voluntary information should be able to do so in accordance with the procedure provided for in Articles 16 or 17 of 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 products (4).
(14) To ensure correct use of the information on the labelling in accordance with this Regulation, the data enabling the correctness of the information on the labelling to be verified should be recorded at all stages of production and marketing. To this end, it should be possible to apply the recording system referred to in Article 1 of Commission Regulation (EC) No 1825/2000 of 25 August 2000 laying down detailed rules for the application of Regulation (EC) No 1760/2000 of the European Parliament and of the Council as regards the labelling of beef and beef products (5), subject to necessary adaptations.
(15) The Member States should designate the authorities competent to carry out checks relating to the conditions laid down in this Regulation and provision should be made for the Commission to ensure, where necessary by means of on-the-spot checks, that those conditions are met.
(16) For the sake of consistency, provision should be made to ensure that meat imported from third countries meets the requirements of this Regulation. For that purpose, where checks are carried out by an independent third-party body, that body must provide full assurance of expertise, impartiality and objectivity.
(17) Member States should lay down rules on penalties applicable to infringements of the provisions of this Regulation and ensure that they are implemented. Those penalties should be effective, proportionate and dissuasive.
(18) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (6),