Article 1

Traceability

All operators and organisations, within the meaning of the third indent of Article 12 of Regulation (EC) No 1760/2000, shall, at each of their various stages of production and sale, have an identification system and a comprehensive registration system.

Such a system shall be applied in such a way as to ensure the link between the identification of the meat and the animal or animals concerned as provided for in Articles 13(1) and 16(2) of that Regulation.

The registration system shall record, in particular, the arrival and departure of livestock, carcases and/or cuts to ensure that a correlation between arrivals and departures is guaranteed.

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Article 1a

Definitions

For the purposes of this Regulation, the following definitions shall apply:

(a)

‘minced meat’: any meat that has been minced into fragments or passed through a spiral-screw mincer, and that falls within one of the CN codes referred to in Article 12 of Regulation (EC) No 1760/2000 and contains less than 1 % salt;

(b)

‘trimmings’: small pieces of meat recognised as fit for human consumption produced exclusively during trimming operations during the boning of carcases and/or the cutting up of meat;

(c)

‘cut meat’: meat which has been cut into small cubes, slices or other individual portions that do not require further cutting by an operator before being bought by the final consumer and can be directly used by that consumer. This definition does not cover minced meat and trimmings;

(d)

‘pre-packaged cut meat’: the individual pack offered unaltered to the final consumer or to an establishment engaged solely in retail sales, made up of cut meat and the packaging in which it was packed before being offered for sale, whether the packaging covers it fully or partially, but such that the content cannot be altered without opening or changing the packaging;

(e)

‘non-pre-packaged cut meat’: cut meat displayed for sale non-pre-packaged in outlets for sale to the final consumer and all pieces of meat displayed for sale non-pre-packaged in outlets for sale to the final consumer, intended to be cut at the request of the final consumer;

(f)

‘batch’: meat, on the bone or boned, for example, carcases, quarters or boned pieces of meat, cut up, minced or packed together under practically identical conditions;

(g)

‘retail’: the handling and/or processing of meat and its storage at the point of sale or delivery to the final consumer, including caterers, company canteens, institutional catering, restaurants and other similar food service operations, shops, supermarket distribution centres and wholesale outlets;

(h)

‘final consumer’: the ultimate consumer of cut meat who does not use it as part of a food business operation or activity.

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Article 2

Labelling where information is not available

The approval number, as referred to in Article 13(2)(b) of Regulation (EC) No 1760/2000 shall be:

(a)

either the approval number, as provided for in Article 10(1) of Council Directive 64/433/EEC ( 8 ),

(b)

or, where there is no approval number, the national registration number.

Where neither of the two numbers is available, until 1 January 2001, the number may be replaced by the name and address of the slaughterhouse.

In application of Article 13(5) of Regulation (EC) No 1760/2000:

(a)

for meat derived from animals born in the Community before 1 January 1998, where information concerning the place of birth and/or the place of rearing, other than the last place of rearing, is not available, the indication of the place of birth and/or place of rearing shall be replaced by the indication ‘*(Born before 1 January 1998)’;

(b)

for meat derived from animals imported live into the Community, where information concerning the place of birth and/or the place of rearing, other than the last place of rearing, is not available, the indication of the place of birth and/or place of rearing shall be replaced by the indication ‘*(Live import into the EC)’ or ‘*(Live import from [name of third country])’.

Article 3

Simplification of the indication of origin

In application of Article 13(5)(a) of Regulation (EC) No 1760/2000, for beef derived from animals which have been reared for 30 days or less:

—

in the Member State or third country of birth,

—

in the Member State or third country where slaughter took place,

the indication of those Member States or third countries, as a Member State or third country where rearing took place, shall not be required, provided those animals were reared in another Member State or third country for a period longer than 30 days.

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Article 4

Size and composition of a group

The size of the group referred to in the second subparagraph of Article 13(1) of Regulation (EC) No 1760/2000 shall be defined:

(a)

during the cutting of carcases or quarters, by the number of carcases or quarters cut together and constituting one batch for the cutting plant concerned;

(b)

during further cutting or mincing, by the number of carcases or quarters whose meat constitutes one batch for the cutting or mincing plant concerned.

The size of the group may not, in any case, exceed the production of one day.

When constituting the batches referred to in paragraph 1, operators shall ensure that:

(a)

all carcases or quarters in a batch cut together are of animals born in the same country, raised in the same country or countries and slaughtered in the same country and at the same slaughterhouse;

(b)

all carcases from which meat in a batch undergoes further cutting comply with point (a) and must have been cut up at the same cutting plant;

(c)

all meat in a batch that undergoes mincing is from animals slaughtered in the same country.

By way of derogation from the requirement regarding the same slaughterhouse and the same cutting plant laid down in paragraph 2(b), during the production of cut meat, operators shall be authorised to constitute batches from meat of animals slaughtered at a maximum of three different slaughterhouses and from carcases cut up at a maximum of three different cutting plants.

By way of derogation from paragraph 2(b), during the production of trimmings, operators shall, when constituting batches, be required to comply only with the requirement regarding the same country of slaughter.

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Article 5

Minced beef

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The supplementary information which may be included on labels as provided for in the third subparagraph of Article 14 of Regulation (EC) No 1760/2000 shall be:

(a)

as from 1 September 2000, the indications referred to in Article 13(2)(b) and (c) of Regulation (EC) No 1760/2000, as well as the date of mincing;

(b)

as from 1 September 2000 until 1 January 2002, the indications referred to in points (a)(i) and (ii) and (b) of Article 13(5) of Regulation (EC) No 1760/2000, if the Member State concerned has taken a decision to apply a national compulsory labelling system including such information or if the operator concerned indicates the information, in conformity with Section II of Title II Regulation (EC) No 1760/2000, on a voluntary basis;

(c)

as from 1 January 2002, the indications referred to in Article 13(5)(a)(i) and (ii) of Regulation (EC) No 1760/2000.

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Article 5a

Trimmings

By way of derogation from Article 13(2)(b) and (c) and (5)(a)(i) and (ii) of Regulation (EC) No 1760/2000, operators and organisations shall indicate on labels for trimmings:

(a)

the country of slaughter of the animals from which the trimmings came; the indication shall read: ‘Slaughtered in (name of the Member State or third country of slaughter)’;

(b)

the country in which the trimmings were produced and the approval number of the plant at which they were produced; the indication shall read: ‘Produced in (name of the Member State or third country of production and approval number of the plant)’;

(c)

the countries in which the animals constituting the group were born and raised; the indication shall read: ‘Born and raised in (names of the countries in which the animals were born and raised)’.

By way of derogation from paragraph 1(a) and (c), where all the animals in the group were born, raised and slaughtered in the same country, operators shall be authorised to use the indication ‘Country of origin:’ followed by the name of the Member State or third country in which the animals were born, raised and slaughtered.

Article 5b

Pre-packaged cut meat

By way of derogation from Article 13(2)(b) and (c) of Regulation (EC) No 1760/2000, operators and organisations availing themselves of the possibility offered by Article 4(3) of this Regulation shall indicate the following on labels for pre-packaged cut meats in addition to that provided for in Article 13(5)(a) of Regulation (EC) No 1760/2000:

(a)

the country of slaughter of the animals, followed by the approval number of the slaughterhouse or, where appropriate, the two or three slaughterhouses at which the animals constituting the group were slaughtered; the indication shall read: ‘Animals in the group slaughtered in (name of the Member State or third country of slaughter) (approval number(s) of the slaughterhouse or the two or three slaughterhouses concerned)’;

(b)

the country in which the carcases were cut up, followed by the approval number of the cutting plant or, where appropriate, the two or three cutting plants at which the carcases were cut up; the indication shall read: ‘Cutting of meat in batch in: (name of the Member State or third country in which meat was cut up) (approval number(s) of the plant or the two or three plants concerned)’.

Article 5c

Non-pre-packaged cut meat

Operators and organisations shall ensure that, where the derogation provided for in Article 4(3) is applied, the constitution of batches of all non-pre-packaged cut meats displayed at the same time at retail outlets for sale to the final consumer is in accordance with that Article 4(3).

By way of derogation from Article 13(2)(b) and (c) of Regulation (EC) No 1760/2000, at points of sale to the final consumer operators and organisations shall label all non-pre-packaged cut meats displayed for sale with the name of the country in which the animals from which the meat came were born, raised and slaughtered, followed by the name of the country in which the carcases were cut up.

Meat of animals born and/or raised and/or slaughtered in different countries shall be clearly separated when displayed for sale. ►C1 Information shall be displayed in the sale outlet near such meats so as to allow the final consumer to distinguish easily between meat from different origins. ◄

Operators who display non-pre-packaged cut meats together for sale each day shall record, with the date, the approval numbers of the slaughterhouses in which the animals were slaughtered and the cutting plants in which the carcases were cut up. They shall provide that information to consumers who so request.

By way of derogation from the second subparagraph of Article 4(1) and providing that the requirements laid down in paragraph 2 of this Article are met, in the case of non-pre-packaged cut beef and/or veal displayed for sale to the final consumer, the size of the group may exceed one day’s production.

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Article 6

Approval procedures

The period provided for in the second subparagraph of Article 16(3) of Regulation (EC) No 1760/2000, during which an approval has not been refused or given or supplementary information has not been asked for by the competent authority of the Member State to which the beef is being sent, shall be two months from the day following the date of submission of the application.

Pursuant to Article 16(5) of Regulation (EC) No 1760/2000 for prime beef cuts in individual packages, labelled in a Member State according to an approved specification and introduced into the territory of another Member State, where no information is added to the initial label, the period provided for in the second subparagraph of Article 16(3) of Regulation (EC) No 1760/2000 shall be 14 days.

For the purposes of Article 16(5) of Regulation (EC) No 1760/2000, beef in small retail packages which have been labelled in a Member State according to an approved specification may be introduced into the territory of another Member State and marketed therein without prior approval of the labelling specification by this Member State, provided that:

(a)

the packages in question remain unchanged;

(b)

the specification approved by the Member State of packaging also covers the marketing of the packaged beef in other Member States;

(c)

the Member State approving such a specification provides all necessary information in advance to all other Member States, where, according to the approved specification, packaged beef is to be marketed.

Article 7

Checks

Operators and organisations shall at all times grant the experts of the Commission, the competent authority and the relevant independent control body within the meaning of the third subparagraph of Article 16(1) of Regulation (EC) No 1760/2000, access to its premises and to all records which prove that the information on the labels concerned is correct.

The competent authority and, in the case referred to in the third subparagraph of Article 16(1) of Regulation (EC) No 1760/2000, the independent control body shall carry out regular spot checks on the basis of risk analysis which shall take into account, in particular, the complexity of the specification concerned. For each check an inspection report shall be made to include any shortcomings as well as the measures proposed to remedy the situation and any deadlines and sanctions imposed.

Where the option provided for in the third subparagraph of Article 16(1) of Regulation (EC) No 1760/2000 is not taken up, Member States will carry out checks in such a way as to give sufficient guarantees of the accuracy of the labels used. Their frequency shall be determined, in particular, by reference to the complexity of the specification concerned.

Operators, organisations and independent control bodies shall communicate all relevant information to the competent authority.

Article 8

Approvals granted by third countries

The Commission shall verify that notifications are complete as provided for in Article 17(2) of Regulation (EC) No 1760/2000. On receipt of a notification which is incomplete, the Commission shall inform the third country concerned indicating the information which is required.

Complete notifications shall be transmitted to Member States unless the Commission reaches the conclusion that the procedures and/or criteria applied in the third country concerned are not equivalent to the standards set out in Regulation (EC) No 1760/2000 in accordance with its power to do so pursuant to the third subparagraph of Article 17(2) of that Regulation.

If, at any time, the Commission considers, on the basis of the notification provided for in Article 17(2) of Regulation (EC) No 1760/2000, that it is appropriate to verify that the procedures and/or criteria notified by a third country are currently equivalent to the standards set out in Regulation (EC) No 1760/2000, the Commission may request the third country to provide any necessary information. In particular, the Commission may request the third country to provide copies of the specifications approved by the designated competent authority. The Commission may further request the third country to authorise representatives of the Commission to carry out checks in the third country.

If any information or authorisation requested pursuant to the preceding paragraph is not received within the time specified by the Commission, the Commission may conclude that the procedures and/or criteria applied in a third country are not equivalent to the standards set out in Regulation (EC) No 1760/2000.

The Commission may at any time change its initial decision as regards the equivalency of the procedures and/or criteria applied in the third country concerned pursuant to the third subparagraph of Article 17(2) of Regulation (EC) No 1760/2000.

Article 9

Sanctions

Member States shall determine the system of sanctions that shall be applicable in case of breaches of Regulation (EC) No 1760/2000 and shall take all necessary measures to ensure its implementation. The sanctions provided for shall be effective, proportionate and dissuasive.

Without prejudice to the sanctions referred to in Article 18 of Regulation (EC) No 1760/2000, where beef has been labelled:

—

without complying with the compulsory labelling system, or

—

in the case of application of the voluntary system, without complying with the specification, or where there is no approved specification,

Member States shall require the removal of the beef from the market until it is re-labelled in conformity with this Regulation.

However, if the meat concerned conforms with all existing veterinary and hygiene rules, Member States may, in addition to the sanctions referred to in paragraph 1, authorise that such beef be sent directly for processing into products, other than those indicated in the first indent of Article 12 of Regulation (EC) No 1760/2000.

Until 1 January 2001, the removal of beef meat from the market shall only take place when the label contains information which could mislead the consumer to a material degree or does not conform with the approved specification.

Article 10

Records

The competent authority shall make a record of the approved specifications and, in particular, of each operator and organisation responsible for the labelling of the beef and the independent body responsible for the checks.

Article 11

Communications

Member States shall communicate to the Commission:

(a)

the names of the authorities competent for the implementation of the labelling system pursuant to Regulation (EC) No 1760/2000 as well as the further detailed implementing rules and, in particular, those concerning the relevant checks to be carried out and the sanctions to be applied;

(b)

by 30 September 2000, a list of all voluntary indications approved within their territory;

(c)

every three months, an update of the list referred to in point (b).

Article 12

Transitional provision

On the condition that they are in conformity with Regulation (EC) No 1760/2000 and with this Regulation,

(a)

voluntary specifications approved under Articles 14 and 15 of Regulation (EC) No 820/97 shall continue to be valid;

(b)

the national compulsory beef labelling systems, approved under Article 19(4) of Regulation (EC) No 820/97, shall continue to be valid until 1 January 2002, as well as any further such decisions.

Article 13

Repeal

Regulation (EC) No 1141/97 is hereby repealed.

However, it shall remain applicable for meat derived from animals slaughtered before 1 September 2000.

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

Article 14

Entry into force

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

It shall apply to beef derived from animals slaughtered from 1 September 2000.

		Official Journal
		No	page	date
►M1	COMMISSION REGULATION (EC) No 275/2007 of 15 March 2007	L 76	12	16.3.2007

Regulation (EC) No 1141/97	This Regulation
Article 2	Article 1
—	Article 2
—	Article 3
—	Article 4
—	Article 5
Article 1	Article 6
Article 3	Article 7
Article 4a	Article 8
Article 4	Article 9
Article 5(1)	Article 10
Article 5(2)	Article 11
—	Article 12
—	Article 13
Article 6	Article 14