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.
3.For the application of point A(II) of Annex V to Regulation (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 distinguished by the animal’s age.
4.The age of the bovine animal as referred to in paragraphs 2 and 3 shall be verified on the basis of the information 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.
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.
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.
Member States may decide that the requirements on classification 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.
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.
2.Classification, identification and weighing of a carcase 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.
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.
The marks shall be applied on the hindquarters on the striploin at the level of the fourth lumbar vertebra and on the forequarters, on the brisket between 10 and 30 centimetres 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 Regulation (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 slaughterhouse, the identification or slaughter number of the animal, the date of slaughter, the weight of the carcase and, where applicable, that the classification has been carried out by using automated grading techniques;
(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.
5.The marks and labels referred to in paragraphs 3 and 4 must not be removed before the quarters are boned.
6.The category shall be indicated in accordance with point A(II) of Annex V to Regulation (EC) No 1234/2007 and the provisions in Article 2(3) and (4) of this Regulation.
The indication of subclasses or, where applicable, the breakdown of categories by age shall be by means of symbols other than those used for classification.
7.The obligations relating to the identification of the carcases set out in paragraphs 3 to 6 shall not apply to approved slaughterhouses which themselves bone all of the carcases obtained.
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.
2.For 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;
(b)the carcase weight established in accordance with Article 13(2) of this Regulation, specifying whether it relates to the warm or cold weight;
(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 the communication referred to in paragraph 2, point (a) includes subclasses for conformation and fat cover, where such information is available.
The indication of the carcase presentation referred to under paragraph 2, point (c) shall not be compulsory if only one single carcase presentation is allowed under legislation adopted at Member State level.
Member States shall ensure that classification is carried out by qualified classifiers who have obtained a licence for this purpose. The licence may be replaced by an approval granted by the Member State where such approval corresponds to recognition of a qualification.
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 information 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 certification test, Member States shall provide the Commission with the information referred to in Annex II, part C.
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.
3.After having informed the Commission, Member States may grant a licence authorising automated grading techniques for application in their territory or a part thereof without organising 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.
4.Modifications of the technical specifications of the 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 certification test.
Member States shall inform the Commission of any such modifications for which they have given their approval.
1.Establishments operating classification by using automated grading techniques shall:
(a)identify the category of the carcase; for this purpose use shall be made of the system for the identification and registration of bovine animals as referred to in Title I of Regulation (EC) No 1760/2000;
(b)keep daily control reports on the functioning of the automated grading techniques, including in particular any shortcomings encountered and actions taken where necessary.
2.Classification by automated grading techniques shall be valid only if:
(a)the carcase presentation is identical to the presentation used during the certification test; or
(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 classification result by the automated grading techniques.
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 Regulation (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 classification 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 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 adult bovines in the slaughterhouses concerned and the findings during previous checks in these slaughterhouses.
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.
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 least 40 carcases, selected at random. The checks shall in particular verify:
(a)the category of the carcase;
(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;
(d)the daily calibration as well as any other technical aspects of the automated grading techniques, that are relevant for 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;
(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.
1.Reports referring to the checks referred to in Article 11 shall be made and kept by the national controlling bodies. These reports shall include in particular the number of carcases checked and the number of those which were incorrectly 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.
2.In cases where a significant number of incorrect classifications 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.
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 slaughterhouse.
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 %.
3.For the purpose of establishing market prices, the carcase shall be presented without the removal of external fat, the neck being cut in accordance with veterinary requirements:
(a)without kidneys;
(b)without kidney fat;
(c)without pelvic fat;
(d)without thin skirt;
(e)without thick skirt;
(f)without the tail;
(g)without the spinal cord;
(h)without cod fat;
(i)without fat on the inside of topside;
(j)without jugular vein and the adjacent fat.
4.For the application of the second subparagraph of point 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 fat shall involve exclusively the partial removal of external fat:
(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 presentation 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.
1.National and Community recording of market prices on 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 conformation and fat cover classes for the five categories specified in point A(II) of Annex V to that Regulation:
(a)carcases of uncastrated young male animals of less than two years of age: U2, U3, R2, R3, O2, O3;
(b)carcases of other uncastrated male animals: R3;
(c)carcases of castrated male animals: U2, U3, U4, R3, R4, O3, O4;
(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.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, the United Kingdom shall comprise at least two regions, namely Great Britain and Northern Ireland, which may be subdivided on the basis of the criteria referred to in the first subparagraph.
1.The following shall be required to record prices:
(a)the operator of any 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;
(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;
(c)any natural or legal person who sends 10 000 or more adult bovine animals for slaughter annually to a slaughterhouse; 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:
(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)30 % of the adult bovine animals slaughtered within its territory.
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).
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 slaughterhouse.
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.
1.The prices recorded in accordance with Article 15 in the period from Monday to Sunday, shall:
(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)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.
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.
2.The prices reported shall be the average price per class.
3.Any slaughterhouse or natural or legal person referred to in the first subparagraph of Article 15(1) which makes supplementary 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.
4.The competent authority of 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 conformation 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.
6.An initial national price for each class shall then be calculated by the competent authority by weighting the regional prices to take into account the importance of the slaughterings in the region to which they relate for the category concerned in relation to the overall number of slaughterings for the category concerned in the Member State.
7.The competent authority shall correct the initial national 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 subparagraph of Article 13(2);
(c)to take into account supplementary payments made, as referred to in paragraph 3, if the correction would amount to at least 1 % of the price for the class in question.
In making the correction under point (c), 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.
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.
1.In accordance with Article 36, Member States shall communicate to the Commission the prices calculated in accordance with Article 16(4) to (7). They shall not communicate those prices to any other body before they have communicated 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 recorded in a Member State or region, the Commission may use the last prices recorded for the said class or classes before such occurrence; where such a situation continues for more than two consecutive weeks, 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.
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;
(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 conformation 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;
(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 quantities 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.
No later than 15 April each year, Member States shall forward to the Commission:
a confidential list of slaughterhouses which record prices, whether under Article 15(1)(a) or (b), indicating the throughput of adult bovine animals for each slaughterhouse, expressed in numbers and, if possible, in tonnes deadweight, in the previous calendar year;
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;
a list of the regions for which prices are recorded and the weighting attached to each under Article 16(6).