Commission Regulation (EC) No 566/2008 of 18 June 2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the marketing of the meat of bovine animals aged 12 months or less

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of the agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)⁽¹⁾, and in particular Article 121, point (j) in conjunction with Article 4 thereof,

Whereas:

1. Article 113b of Regulation (EC) No 1234/2007 provides that, as of 1 July 2008, the meat of bovine animals aged 12 months or less has to be marketed in accordance with certain conditions laid down in that Regulation, in particular as regards the classification of bovine animals into categories and the sales descriptions to be used. Point II of Annex XIa to Regulation (EC) No 1234/2007 requires that, on slaughter, all bovine animals aged 12 months or less have to be classified in one of the two categories listed in Annex XIa to that Regulation. In order to ensure correct and uniform implementation of Regulation (EC) No 1234/2007, detailed rules should be laid down that should apply as from 1 July 2008.

2. The age of the animal on slaughter and the sales description should, at each stage of production and marketing, be indicated on the label, in accordance with point IV of Annex XIa to Regulation (EC) No 1234/2007. As the size of the products to be labelled varies depending on the stage of the production and marketing, it is necessary to require that the indications of the age and the sales description are perfectly legible on the label. Moreover, in order to ensure transparency towards the final consumer, the indication of the animal's age on slaughter and the sales description should be presented in the same visual field and on the same label at the moment of the release of the meat to the final consumer.

3. In accordance with Article 121(j) of Regulation (EC) No 1234/2007, the practical method of indicating the category identification letter referred to in Annex XIa to Regulation (EC) No 1234/2007 should be laid down. For control purposes, it is necessary to require that the category identification letter is indicated on the carcass as soon as possible after the bovine animal has been slaughtered.

4. For the sake of ensuring a correct application of Article 113b of Regulation (EC) No 1234/2007, operators at each stage of the production and marketing should record indications of any person from whom they have been supplied with meat of bovine animals aged 12 months or less. Whilst such traceability of food is ensured within the Community by Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety⁽²⁾, a special provision is needed in order to also guarantee the traceability of the said meat imported from third countries.

5. In order to verify the application of Article 113b of Regulation (EC) No 1234/2007 and inform the Commission thereof, official checks should be carried out, which should include also the supervision of the classification of the bovine animals in slaughterhouses provided for in point II of Annex XIa to that Regulation. Moreover, the competent authorities, designated by the Member States for those checks, should be allowed to delegate their check tasks to independent third-party bodies under certain conditions that should be laid down.

6. Operators concerned should grant access to their premises and to all records in order to enable experts of the Commission, the competent authority, or, failing that, the independent third-party body to verify the application of Article 113b of Regulation (EC) No 1234/2007.

7. Point VIII of Annex XIa to Regulation (EC) No 1234/2007 requires that meat of bovine animals aged 12 months or less and imported from third countries is only marketed in the Community in accordance with that Regulation. This requires that the competent authority designated by the third country concerned, or failing that, an independent third-party body, should approve and control an identification and registration system of the bovine animal, which guarantees the respect of the provisions of that Regulation.

8. Only independent third-party bodies that are accredited to certain standards should be allowed to check the activities of operators from third countries wishing to place on the Community market meat of bovine animals aged 12 months or less.

9. The Commission should be able to request from the competent authority or independent third-party body in a third country all information necessary to verify the application of Article 113b of Regulation (EC) No 1234/2007. Detailed rules on the information to be notified to the Commission and the communication thereof by the Commission to the Member States should be laid down. Moreover, where deemed necessary, the Commission should be allowed to carry out on-the-spot checks in third countries under certain conditions.

10. Where repeated cases of non-compliance are found as regards imported meat, the Commission should set, in accordance with certain conditions, specific rules for the importation of that meat in order to guarantee the respect of Article 113b of Regulation (EC) No 1234/2007 and of this Regulation and thereby ensuring equivalent marketing conditions for meat produced within the Community or imported from third countries.

11. Member States should be required to take certain measures in case they find cases of non-compliance in relation to the application of Article 113b of Regulation (EC) No 1234/2007 or of this Regulation.

12. The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

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