Commission Delegated Regulation (EU) 2017/1182Show full title

CHAPTER I UNION SCALES FOR THE CLASSIFICATION OF CARCASSES

Article 1 Identification of age and categories of bovine animals

The age of the bovine animals for the determination of the categories as referred to in point A.II of Annex IV to Regulation (EU) No 1308/2013 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.

Article 2 Derogations from the compulsory classification of carcasses

1. Member States may decide that the requirements on classification of carcasses of bovine animals and of pigs, laid down in points A.V and B.II of Annex IV to Regulation (EU) No 1308/2013, respectively, shall not be compulsory for slaughterhouses which slaughter:

(a) less than 150 bovine animals aged eight months or more per week as an annual average;

(b) less than 500 pigs per week as an annual average.

Member States may determine a lower limit, in particular to ensure the representativeness of price recording as referred to in Article 8(2) of Implementing Regulation (EU) 2017/1184.

2. Member States may decide that the requirements on classification of carcasses of bovine animals and pigs shall not be compulsory:

(a) for carcasses of bovines and pigs owned by the slaughterhouse if no commercial transaction in purchasing these animals takes place;

(b) for carcasses of pigs of clearly defined local breeds or with particular modes of marketing if their anatomical body composition makes the homogeneous and standardised classification of carcasses impossible.

3. Member States that apply classification of sheep carcasses pursuant to the second paragraph of Article 10 of Regulation (EU) No 1308/2013 may decide, based on objective and non-discriminatory criteria, that the requirements on classification of sheep carcasses shall not be compulsory for certain slaughterhouses.

4. Member States shall notify the Commission if they decide to apply any of the derogations laid down in paragraphs 1, 2 and 3 of this Article.

Article 3 Additional provisions regarding the classes of conformation, fat cover and carcass weight for bovine animals and sheep

1. Additional provisions regarding the definitions of the classes of conformation and fat cover for carcasses of bovine animals aged eight months or more and sheep referred to in points A.III and C.III of Annex IV to Regulation (EU) No 1308/2013 are laid down in Annexes I and II to this Regulation.

2. Additional provisions regarding the classification of lambs of less than 13 kg carcass weight are laid down in Annex III to this Regulation.

Article 4 Conformation class S

Member States may decide not to apply the conformation class S for beef carcasses referred to in point A.III of Annex IV to Regulation (EU) No 1308/2013 taking into account the particular characteristics of their bovine livestock.

Article 5 Classification of pig carcasses

Member States may further subdivide into subclasses the pig carcass classification classes laid down in point B.II of Annex IV to Regulation (EU) No 1308/2013.

Member States may authorise further assessment criteria, in addition to weight and estimated lean meat percentage referred to in point B.II of Annex IV to Regulation (EU) No 1308/2013, to determine the commercial value of the pig carcasses.

Article 6 Additional requirements on carcass presentation for the purpose of establishing comparable market prices

1. Without prejudice to points A.IV, B.III and C.IV of Annex IV to Regulation (EU) No 1308/2013, no fat, muscle or other tissue may be removed from the carcass before weighing, classifying and marking, except for cases when veterinary requirements are applied.

2. Carcasses of bovine animals aged less than eight months shall be presented in accordance with point A.IV of Annex IV to Regulation (EU) No 1308/2013 and without:

(a) thin skirt;

(b) thick skirt.

3. Carcasses of bovine animals aged eight months or more shall be presented without:

(a) kidneys;

(b) kidney fat;

(c) pelvic fat;

(d) thin skirt;

(e) thick skirt;

(f) the tail;

(g) the spinal cord;

(h) cod fat;

(i) fat on the inside of topside;

(j) jugular vein and the adjacent fat.

4. For the application of the second paragraph of point A.V of Annex IV to Regulation (EU) No 1308/2013 and by way of derogation from paragraph 1 of this Article, Member States may allow the removal of external fat before weighing, classifying and marking of the carcass provided that such removal allows a more objective judgement of the conformation and the fat cover is not influenced. Member States shall ensure that this practice is regulated by national legislation and 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 and the outer ano-genital area;

(c) from the topside.

Article 7 Classification and weighing

1. The classification referred to in points A.II, A.III, B.II, C.II and C.III of Annex IV to Regulation (EU) No 1308/2013 shall be carried out in the slaughterhouse at the time of determining the warm weight of the carcass.

2. The Commission may authorise classification before weighing in accordance with Article 11 of this Regulation if certain grading methods applied in the territory of a Member State require this.

3. The carcasses shall be weighed as soon as possible after slaughter and not later than:

(a) 60 minutes after the animal has been stuck, as regards bovine animals and sheep;

(b) 45 minutes after the animal has been stuck, as regards pigs.

4. In the case of pigs, if in a given slaughterhouse, the 45-minute time period between the sticking and the weighing of the carcasses cannot generally be observed, the competent authority of the Member State concerned may allow that the deduction of 2 % as referred to in Article 14(3):

(a) shall be reduced by 0,1 per cent units for every additional quarter of an hour or part thereof that has elapsed when the period between sticking and weighing exceeds the 45 minutes;

(b) can be increased by certain per cent units established by the Member State concerned when the period between sticking and weighing is shorter than 45 minutes. In this case the deduction shall be justified on the basis of scientific data.

5. In cases where beef or sheep automated grading methods referred to in Article 10 fail to classify carcasses, classification of these carcasses shall take place on the day of slaughter or, if the required period between sticking and weighing has expired on the day after the slaughter, classification shall take place as soon as possible on that day.

Article 8 Marking of carcasses

1. The marking of carcasses shall be carried out at the time of classification.

2. The marking shall be performed by means of a stamp or a label indicating at least:

(a) for beef and sheep, the category, the class of conformation and fat cover referred to in points A.II, A.III, C.II and C.III of Annex IV to Regulation (EU) No 1308/2013 respectively;

(b) for pigs, the class of the carcass or the percentage of estimated lean meat as laid down in point B.II of Annex IV to Regulation (EU) No 1308/2013.

3. The marking shall be located on the surface of at least:

(a) each quarter of beef carcass;

(b) each carcass or half carcass of sheep;

(c) each half carcass of pigs.

Stamp markings shall be located on the outside surface of the carcass. Labels may be located on the outside or inside surface of the carcass.

4. Stamp markings shall be clearly legible and performed by using an indelible, non-toxic and heat resistant ink.

5. Labels shall be clearly legible, tamper-proof and firmly attached to the carcasses.

6. Member States may lay down that carcasses may not be marked in the following cases:

(a) an official record is drawn up and comprises for each carcass at least:

(i)

individual identification of the carcass by any unalterable means,

(ii)

warm weight of the carcass, and

(iii)

result of the classification;

(b) all the carcasses are cut, as a continuous operation, in a cutting plant approved in accordance with Regulation (EC) No 853/2004 of the European Parliament and of the Council(1) and attached to the slaughterhouse.

7. Member States may lay down national provisions on additional requirements on marking.

Article 9 Methods for classification of beef, pig and sheep carcasses

Member States shall ensure that beef, pig and sheep carcass classification is carried out:

(a)

by qualified classifiers who have obtained a licence for visual classification of carcasses. The licence may be replaced by an approval granted by the Member State where such approval corresponds to recognition of a qualification; or

(b)

by using authorised grading methods that may consist of automated or semi-automated or manual grading techniques as provided for in Articles 10 and 11. Member States shall ensure that the grading techniques are operated by qualified personnel

Article 10 Authorisation of automated grading methods for beef and sheep carcasses

1. Member States may grant a licence authorising beef and sheep automated grading methods that consist of an automated grading technique (apparatus) and an equation (formula) for application in their territory or a part thereof.

2. Authorisation shall be subject to meeting the conditions and minimum requirements for an authorisation test laid down in Part A of Annex IV.

3. At least two months prior to the start of the authorisation test, Member States shall provide the Commission with the information referred to in Part B of Annex IV in order to allow the Commission to participate in the authorisation test.

4. Member States shall designate an independent body which shall analyse the results of the authorisation test. Within two months upon completion of the authorisation test, Member States shall provide the Commission with the information referred to in Part C of Annex IV.

5. Where a licence is granted authorising beef or sheep automated grading methods based on an authorisation test during which more than one carcass presentation was used, the differences between those carcass presentations shall not lead to differences in the classification results.

6. Member States may authorise beef and sheep automated grading methods without organising an authorisation test, provided that such authorisation has already been granted for the same grading methods for application in another Member State on the basis of an authorisation test where the sample of carcasses is sufficiently representative for the bovine or sheep population in the Member States concerned.

7. Modifications of the technical specifications of an authorised beef or sheep automated grading method shall be approved by the competent authorities subject to proof that such modifications result in a level of accuracy that at least fulfils the minimum requirements for an authorisation test.

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

Article 11 Authorisation of grading methods for pig carcasses

1. A grading method as referred to in point B.IV of Annex IV to Regulation (EU) No 1308/2013 shall consist of an automated, semi-automated or manual grading technique (apparatus) and an equation (formula) to estimate the lean meat percentage of a pig carcass.

2. Authorisation shall be subject to meeting the conditions and minimum requirements for an authorisation test in accordance with Part A of Annex V to this Regulation.

3. Member States shall inform the Commission, by way of a protocol as specified in Part B of Annex V to this Regulation, on the pig grading methods they wish to have authorised for application in their territories.

The protocol shall have two parts and shall include the elements provided for in Part B of Annex V to this Regulation.

Part one of the protocol shall be submitted to the Commission prior to the start of the authorisation test. Within two months upon completion of the authorisation test, Member States shall provide the Commission with part two of the protocol.

4. After receiving the protocol, the Commission shall make it available to the other Member States. Other Member States may submit technical comments within three weeks from the receipt of the protocol. The Member State that submitted the protocol may adapt it and re-submit a new protocol within eight weeks after submission of the first protocol.

5. The application of grading methods shall correspond in all particulars to the description given in the Commission decision authorising them.

6. The Commission may authorise grading methods without an authorisation test, provided that such authorisation has already been granted for the same grading method applicable in another Member State on the basis of an authorisation test where the sample of carcasses is sufficiently representative of pig populations in the Member States concerned.

Article 12 Additional provisions on classification by automated grading techniques

1. Slaughterhouses operating classification by using automated grading techniques as laid down in Articles 10(1) and 11(1) shall:

(a) as regards beef carcasses, identify the category of the carcass by using the system for the identification and registration of bovine animals established pursuant to Article 1;

(b) keep daily control reports on the functioning of the automated grading methods, including any shortcomings encountered and actions taken where necessary.

2. Classification by automated grading techniques shall be valid only if:

(a) the carcass presentation is identical to the presentation used during the authorisation test; or

(b) it is demonstrated, to the satisfaction of the competent authorities of the Member State concerned, that using a different carcass presentation has no effect on the classification result by the automated grading methods.

CHAPTER II REPORTING OF MARKET PRICES FOR CARCASSES AND LIVE ANIMALS

Article 13 General provisions on reporting of market prices

For the purpose of establishing market prices of certain categories of animals, market prices shall be reported in accordance with Article 15 of Implementing Regulation (EU) 2017/1184 for:

(a)

carcasses of:

(i)

bovine animals aged eight months or more,

(ii)

pigs,

(iii)

bovine animals aged less than eight months,

(iv)

sheep aged less than 12 months;

(b)

live animals of:

(i)

male calves aged between eight days and four weeks,

(ii)

store cattle,

(iii)

piglets of approximately 25 kg in live weight.

Article 14 Reporting of market prices for carcasses of bovine animals aged eight months or more and of pigs

1. The market price reported shall be the price at the slaughterhouse gate expressing the value of the carcass, net of value added tax, according to the documents issued to the supplier by:

(a) the slaughterhouse; or

(b) the natural or legal person who sent the animal for slaughter to the slaughterhouse.

2. The price referred to in paragraph 1 shall be expressed per 100 kg of carcass presented in accordance with Article 6 weighed on the hook at the slaughterhouse.

3. The carcass weight to be taken into account for reporting the market price shall be the cold weight which shall correspond to the warm weight as referred to in Article 7(1) less 2 %.

4. The prices for classified carcasses reported by the slaughterhouse or the natural or legal person who sent the animal for slaughter to the slaughterhouse shall be either the average price per class or the prices of carcasses per each class. In that case if prices of carcasses per each class are reported, the competent authority shall calculate the average price per class.

Article 15 Reporting of market prices for carcasses of bovine animals aged less than eight months and of sheep aged less than 12 months

1. As regards carcasses of bovine animals aged less than eight months and of sheep aged less than 12 months, the market price reported shall be the average of the prices paid at the slaughterhouse gate expressing the value of the carcass, net of value added tax, and weighted by a coefficient. The coefficient shall reflect:

(a) the relative proportion of:

(i)

the different qualities of carcasses of bovine animals aged less than eight months, as defined by the Member State, or

(ii)

the different weight categories of carcasses of sheep aged less than 12 months, as defined by the Member State; and

(b) the relative importance of each market.

2. The market price referred to in paragraph 1 shall be expressed per 100 kg of carcass presented in accordance with Article 6 weighed on the hook at the slaughterhouse.

3. For carcasses of bovine animals aged less than eight months the weight to be taken into account for reporting the market price shall be the cold weight which shall correspond to the warm weight as referred to in Article 7(1) less 2 %.

4. For carcasses of sheep aged less than 12 months the weight to be taken into account for reporting the market price shall be the cold weight which shall correspond to the warm weight of the carcass corrected to take account of weight loss on chilling.

Article 16 Reporting of market prices for live animals

1. For the purposes of reporting market prices, live animals listed in Article 13(b) shall be classified in the following different types:

(a) as regards male calves aged between eight days and four weeks:

(i)

‘dairy type male rearing calf’ for male rearing calf from dairy breed,

(ii)

‘beef type male rearing calf’ for male rearing calf from a meat breed, dual purpose breed or born of a cross with a meat breed;

(b) as regards store cattle:

(i)

‘young store cattle’ for male and female bovine animals aged six months or more but less than 12 months, bought after weaning to be fattened,

(ii)

‘yearling male store cattle’ for male bovine animals aged 12 months or more but less than 24 months, bought to be fattened,

(iii)

‘yearling female store cattle’ for female bovine animals aged 12 months or more but less than 24 months, bought to be fattened;

(c) as regards pigs: ‘piglets’ for pigs weighing on average approximately 25 kg in live weight, bought to be fattened.

2. The market price reported shall be the average of the prices paid in that Member State at the same wholesale stage, for the type of animal as referred to in paragraph 1, net of value added tax and weighted by coefficients. The coefficients shall reflect the relative proportion of the different qualities of the animals referred to in paragraph 1(a), (b) and (c) and the relative importance of each market.

Article 17 Additional provisions for reporting of market prices for carcasses and live animals

1. Where a Member State has defined regions in accordance with Article 6 of Implementing Regulation (EU) 2017/1184, the competent authority of the Member State shall determine average regional prices for each class and quality of carcasses as well as for each type and quality of live animals as referred to in Articles 14, 15 and 16 of this Regulation, respectively.

2. Where supplementary payments are made by the slaughterhouse or natural or legal person required to report prices to suppliers of carcasses or live animals, Member States may take into account the amount of such payments and the period to which it relates. If a Member State decides to take into consideration the supplementary payments made to suppliers of carcasses or live animals, the slaughterhouse or the natural or legal person required to report prices shall notify the competent authority of the amount of any supplementary payments each time such payment is made.

CHAPTER III CALCULATION OF AVERAGE UNION PRICE

SECTION I Average union price for carcasses

Article 18 Average Union price for beef

1. For a given category specified in point A.II of Annex IV to Regulation (EU) No 1308/2013:

(a) the average Union price for each of the conformation and fat cover classes listed in Article 7 of Implementing Regulation (EU) 2017/1184 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 Union slaughterings of that class;

(b) the average Union price for each conformation class shall be the weighted average of the average Union 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 Union;

(c) the average Union price shall be the weighted average of the average Union 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 Union slaughterings in the category.

2. The average Union 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 bovine animals aged eight months or more in the Union.

Article 19 Average Union price for pigs

The average Union price of each class listed in Article 9 of Implementing Regulation (EU) 2017/1184 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 Union slaughterings of that class.

Article 20 Average Union price for bovine animals aged less than eight months

The average Union price of bovine animals slaughtered at the age of less than eight months shall be the average of the prices recorded for those bovines as referred to in Article 10 of Implementing Regulation (EU) 2017/1184 That average shall be weighted by coefficients established on the basis of the net production of those bovines in the Union.

Article 21 Average Union price for sheep aged less than 12 months

The average Union price of sheep aged less than 12 months shall be the average of the prices recorded for different weight categories as referred to in Article 11 of Implementing Regulation (EU) 2017/1184 That average shall be weighted by coefficients established on the basis of the net production of those lambs in the Union.

SECTION II Average Union price for live animals

Article 22 Average Union price for male calves aged between eight days and four weeks

1. The average Union price, per head, of male calves aged between eight days and four weeks shall be the average of the prices recorded for dairy type male rearing calves and beef type male rearing calves in accordance with Article 12 of Implementing Regulation (EU) 2017/1184.

2. The average of the prices recorded shall be weighted by coefficients established on the basis of the number of cows recorded in the Union, in accordance with Regulation (EC) No 1165/2008 of the European Parliament and of the Council(2) as follows:

(a) as regards dairy type male rearing calves, the number of dairy cows;

(b) as regards beef type male rearing calves, the number of cows.

Article 23 Average Union price for store cattle

1. The average Union price, per kilogram of live weight, of store cattle shall be the average of the prices recorded for young store cattle, yearling male store cattle and yearling female store cattle in accordance with Article 12 of Implementing Regulation (EU) 2017/1184.

2. The average of the prices recorded shall be weighted by coefficients established on the basis of the number of bovine animals recorded in the Union in accordance with Regulation (EC) No 1165/2008 as follows:

(a) as regards young store cattle, the number of bovine animals aged not over one year and not for slaughter;

(b) as regards yearling male store cattle, the number of male bovine animals aged over one year but under two years;

(c) as regards yearling female store cattle, the number of female bovine animals aged over one year but under two years and which have not yet calved.

Article 24 Average Union price for piglets

The average Union price of piglets of approximately 25 kg in live weight shall be the average of the prices recorded for piglets in accordance with Article 12 of Implementing Regulation (EU) 2017/1184. That average shall be weighted by coefficients established on the basis of the number of piglets recorded in the Union in accordance with Regulation (EC) No 1165/2008.

CHAPTER IV NOTIFICATIONS

Article 25 Notifications of Member States to the Commission

1. Notifications as referred to in this Article shall be made in accordance with Implementing Regulation (EU) 2017/1185.

2. No later than 15 April each year, Member States shall notify the Commission of the total number of bovine animals aged eight months or more, of pigs and sheep slaughtered in the previous calendar year broken down as follows:

(a) in the case of bovine animals, the total number for each category, conformation and fat cover classes;

(b) in the case of pigs, the total number for each carcass class;

(c) in the case of sheep, the total number for each weight categories.

3. Member States shall make available to the Commission, on request, the lists of:

(a) slaughterhouses which record prices, in accordance with Article 8 of Implementing Regulation (EU) 2017/1184 indicating the throughput of bovine animals aged eight months or more for each slaughterhouse, expressed in numbers, in the previous calendar year;

(b) natural or legal persons who record prices, in accordance with Article 8 of Implementing Regulation (EU) 2017/1184 indicating the number of bovine animals aged eight months or more, sent for slaughter by them in the previous calendar year.

4. The Member States shall, at the Commission's request, notify the following information, where available, concerning products covered by Parts XV, XVII and XVIII of Annex I to Regulation (EU) No 1308/2013:

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

(b) prices ruling on the representative markets in third countries.

5. The Member States concerned shall notify the Commission of the qualities of carcasses and live animals, and the weighting coefficients as referred to in Articles 14, 15 and 16 of this Regulation as well as the corrective factors and the representative markets referred to in Articles 5, 10, 11 and 12 of Implementing Regulation (EU) 2017/1184, no later than 1 June each year.

6. On the request of the Commission, Member States shall notify the measures taken for the application of Article 3(1) and (2) of Implementing Regulation (EU) 2017/1184.

CHAPTER V FINAL PROVISIONS

Article 26 Repeals

Regulations (EC) No 315/2002, (EC) No 1249/2008 and (EU) No 807/2013 are repealed.

References to the repealed Regulations (EC) No 315/2002, (EC) No 1249/2008 and (EU) No 807/2013 shall be construed as references to this Regulation and to Implementing Regulation (EU) 2017/1184 and shall be read in accordance with the correlation table in Annex VI to this Regulation.

Article 27 Entry into force and application

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

This Regulation shall apply from 11 July 2018.

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

Done at Brussels, 20 April 2017.

For the Commission

The President

Jean-Claude Juncker