Bovine Animals (Identification, Registration) and Beef Labelling

L.N. 311 of 2005

VETERINARY SERVICES ACT

(CAP. 437)

Bovine Animals (Identification, Registration) and Beef Labelling

Rules, 2005

IN exercise of the powers conferred by article 7 of the Veterinary

Services Act, the Minister for Rural Affairs and the Environment, has

made the following rules>-

(1) The Title of these rules is the Bovine Animals

(Identification, Registration) and Beef Labelling Rules, 2005.

(2) The scope of these rules is to implement the provisions

found under European Union Parliament and Council Regulation (EC)

No 1760#2000 of the 17 th July, 2000 laying down a system for the

identification and registration of bovine animals and regarding the

labelling of beef and beef products.

TITLE I

For the purposes of these rules, the following definitions shall

apply>

“animal” means a bovine animal within the meaning of Article

2(2)(b) and (c) of Directive 64#432#EEC<

“the competent authority” means the Veterinary Services<

“holding” means any establishment, construction or, in the

case of an open-air farm, any place situated within the Malta, in

which animals covered by these rules are held, kept or handled<

“keeper” means any natural or legal person responsible for

animals, whether on a permanent or on a temporary basis, including

during transportation or at a market< and

For the purposes of Title II, the following definitions shall apply>

“beef” means all products falling within CN codes 0201, 0202,

0206 10 95 and 0206 29 91<

“labelling” means the attachment of a label to an individual

piece or pieces of meat or to their packaging material, or in the

case of non-prewrapped products the supply of appropriate

information in written and visible form to the consumer at the point

of sale<

“organisation” means a group of operators from the same or

different parts of the beef trade.

(1) The system for the identification and registration of Identification and

registration system.

bovine animals shall comprise the following elements>

(a)

ear tags to identify animals individually<

(b) computerised databases<

(c)

animal passports<

(d) individual registers kept on each holding.

(2) The Commission and the Veterinary Services shall have

access to all the information covered by these rules. The Member States

and the Commission shall take the measures necessary to ensure access

to these data for all parties concerned, including consumer organisations

having an interest which are recognised by the Member State, provided

that the data confidentiality and protection prescribed by national law

are ensured.

(1) All animals on a holding born after the 31 st December, Ear tags.

1997 or intended for intra-Community trade, shall be identified by an

ear tag approved by the Veterinary Services, applied to each ear. Both

ear tags shall bear the same unique identification code, which makes it

possible to identify each animal individually together with the holding

on which it was born. Bovine animals intended for cultural and sporting

events, with the exception of fairs and exhibitions, may be identified,

instead of by an ear tag, by an identification system offering equivalent

guarantees and authorised by the Commission.

(2) The ear tag shall be applied within a period of 20 days

as from the birth of the animal and in any case before the animal leaves

the holding on which it was born.

(3) Any animal imported from a third country which has

passed the checks laid down in European Union Council Directive

91#496#EEC and which remains within Community territory shall be

identified on the holding of destination by an ear tag complying with

the requirements of these rules, within 20 days following the aforesaid

checks, and in any event before leaving the holding>

Provided that it shall not be necessary to identify the animal

if the holding of destination is a slaughterhouse situated in the Member

State where such checks are carried out and the animal is slaughtered

within 20 days of undergoing the checks.

Provided further that the original identification established

by the third country shall be recorded in the computerised database

provided for in rule 5 or, if this is not yet fully operational, in the registers

provided for in rule 3, together with the identification code allocated to

it by the Member State of destination.

(4) Any animal from another Member State shall retain its

original ear tag.

(5) No ear tag may be removed or replaced without the

permission of the Veterinary Services.

(6) The ear tags shall be allocated to the holding, distributed

and applied to the animals in a manner determined by the Veterinary

Services.

The Veterinary Services shall set up a computerised database

in accordance with Articles 14 and 18 of Directive 64#432#EC where

they shall store all data required pursuant to the said Directive.

(1) The Veterinary Services shall for each animal which has

to be identified in accordance with rule 4, issue a passport within 14

days of the notification of its birth, or, in the case of animals imported

from third countries, within 14 days of the notification of its re-

identification by the Member State concerned in accordance with rule

4(3). The Veterinary Services may issue a passport for animals from

another Member State under the same conditions. In such cases, the

passport accompanying the animal on its arrival shall be surrendered to

the Veterinary Services, which shall return it to the issuing Member

State.

(2) Whenever an animal is moved, it shall be accompanied

by its passport.

(3) In the case of the death of an animal, the passport shall

be returned by the keeper to the Veterinary Services within seven days

after the death of the animal. If the animal is sent to the slaughterhouse,

the operator of the slaughterhouse shall be responsible for returning the

passport to the Veterinary Services.

(4) In the case of animals exported to third countries, the

passport shall be surrendered by the last keeper to the Veterinary Services

at the place where the animal is exported.

(1) With the exception of transporters, each keeper of animals Duties of keeper of

animals.

shall>

(a)

keep an up-to-date register,

(b) once the computerised database is fully operational,

report to the Veterinary Services all movements to and from the

holding and all births and deaths of animals on the holding, along

with the dates of these events, within seven days of the event

occurring.

(2) Where applicable and having regard to rule 6, each

animal keeper shall complete the passport immediately on arrival and

prior to departure of each animal from the holding and ensure that the

passport accompanies the animal.

(3) Each keeper shall supply the Veterinary Services, upon

request, with all information concerning the origin, identification and,

where appropriate, destination of animals, which he has owned, kept,

transported, marketed or slaughtered.

The register shall be in a format approved by the Veterinary Format of register.

Services, kept in manual or computerised form, and be available at all

times to the Veterinary Services, upon request, for a minimum period

of not less than three years.

Member States may charge to keepers the costs of the Costs of

identification and

identification and registration systems referred to in rule 3 and of the registration systems.

controls referred to in this Title.

The measures necessary for the implementation of this Title Implementation

measures.

shall be adopted in accordance with the management procedure referred

to in Article 23(2) of European Union Parliament and Council Regulation

(EC) No 1760#2000. These measures concern in particular>

(a)

provisions concerning ear tags<

(b) provisions concerning the passport<

(c)

provisions concerning the register<

(d) minimum level of controls to be carried out<

(e)

application of administrative sanctions<

(f) transitional measures required to facilitate the application

of this Title.

TITLE II

(1) An operator or an organisation, as defined in rule 2,

which>

(a) is required, by virtue of rules 12 to 14 hereunder, to

label beef at all stages of marketing,

(b) wishes, by virtue of rules 15 to 17 hereunder, to label

beef at the point of sale in such a way as to provide information,

other than that laid down by rule 12, concerning certain

characteristics or production conditions of the labelled meat or of

the animal from which it derives, shall do so in accordance with

this Title.

(2) This Title shall apply without prejudice to relevant

Community legislation, in particular on beef.

Compulsory beef labelling system

(1) Operators and organisations marketing beef shall label

it in accordance with this rule. The compulsory labelling system shall

ensure a link between, on the one hand, the identification of the carcass,

quarter or pieces of meat and, on the other hand, the individual animal

or, where this is sufficient to enable the accuracy of the information on

the label to be checked, the group of animals concerned.

(2) The label shall contain the following indications>

(a) a reference number or reference code ensuring the link

between the meat and the animal or animals. This number may be

the identification number of the individual animal from which the

beef was derived or the identification number relating to a group

of animals<

(b) the approval number of the slaughterhouse at which the

animal or group of animals was slaughtered and the Member State

or third country in which the slaughterhouse is established. The

indication shall read> “Slaughtered in Malta (or name of the

Member State or third country) (approval number)”<

(c) the approval number of the cutting hall which performed

the cutting operation on the carcass or group of carcases and the

Member State or third country in which the hall is established.

The indication shall read> “Cutting in Malta (or name of the Member

State or third country) (approval number)”.

(3) (a)

Operators and organisations shall also indicate on

the labels>

(i) the Member State or third country of birth<

(ii) all Member States or third countries where fattening

took place<

(iii) the Member State or third country where slaughter took

place<

(b) However, where the beef is derived from animals

born, raised and slaughtered>

(i) in the same Member State, the indication may be given

as “Origin> (name of Member State)”<

(ii) in the same third country, the indication may be given

as “Origin> (name of third country)”.

By way of derogation from rules 12(2)(b) and (c) and Derogations from

the compulsory

12(3)(a)(i) and (ii), an operator or organisation preparing minced beef labelling system.

shall indicate on the label the words “prepared in Malta (or name of the

Member State or third country)”, depending on where the meat was

prepared, and “origin” where the State or States involved are not the

State of preparation. The obligation provided for in rule 12(3)(a)(iii)

shall be applicable to such meat as from the date of application of these

rules. However, such operator or organisation may add to the label of

the minced beef>

(a)

one or more of the indications provided for in rule 12,

and,or

(b)

the date on which the meat was prepared.

On the basis of experience, and in the light of requirements, similar

provisions may be adopted for cut meat and for beef trimmings in

accordance with the procedure referred to in Article 23(2) of European

Union Parliament and Council Regulation (EC) No 1760#2000.

By way of derogation from rule 12, beef imported into the

Community for which not all the information provided for in rule 12 is

from third countries.

available, in accordance with the procedure referred to in rule 16, shall

be labelled with the indication> “Origin> non-EC” and “Slaughtered in>

(name of third country)”.

Voluntary labelling system

(1) (a) For labels containing indications other than those

provided for in rules 12 to 14 above, each operator or organisation shall

send a specification for approval to the competent authority in which

production or sale of the beef in question takes place. The competent

authority may also establish specifications to be used provided that use

thereof is not compulsory.

(b) Voluntary labelling specifications shall indicate>

(i) the information to be included on the label,

(ii) the measures to be taken to ensure the accuracy of the

information,

(iii) the control system which will be applied at all stages

of production and sale, including the controls to be carried out by

an independent body recognised by the competent authority and

designated by the operator or the organisation. These bodies shall

comply with the criteria set out in European Standard EN#45011,

(iv) in the case of an organisation, the measures to be taken

in relation to any member which fails to comply with the

specifications.

(c) Controls by an independent body may be replaced

by controls by a competent authority. The competent authority shall in

that case have at its disposal the qualified staff and resources necessary

to carry out the requisite controls.

(d) The costs of controls provided for in rules 15 to 17

shall be borne by the operator or organisation using the labelling system.

(2) (a) The approval of any specification shall be subject

to the assurance of the competent authority, obtained on the basis of a

thorough examination of its components as referred to in rule 15(1), of

the proper and reliable functioning of the labelling system envisaged

and, in particular, of any specification which does not ensure a link

between, on the one hand, the identification of the carcass, quarter or

pieces of meat and, on the other hand, the individual animal or, where

this is sufficient to enable the accuracy of the information on the label

to be checked, the animals concerned.

(b) Specifications which provide for labels containing

misleading or insufficiently clear information shall also be refused.

(3) (a) Where the production and,or sale of beef takes

place in two or more Member States, the competent authorities of the

Member States concerned shall examine and approve the specifications

submitted in so far as the elements contained therein relate to operations

taking place within their respective territories. In such case, each Member

State concerned shall recognise the approvals granted by any other

Member State concerned.

(b) If, within a period to be fixed in accordance with

the procedure referred to in Article 23(2) of European Union Parliament

and Council Regulation (EC) No 1760#2000, counting from the day

following the date of submission of the application, approval has not

been refused or given, or supplementary information has not been asked

for, the specification shall be considered to be approved by the competent

authority.

(4) Where the competent authorities of all the Member

States concerned approve the specification submitted, the operator or

organisation concerned shall be entitled to label beef, provided that the

label contains its name or logo.

(5) The competent authority may decide that the name of

one or more of its regions may not be used, in particular where the

name of a region>

(a)

could give rise to confusion or difficulties in checking,

(b) is reserved for beef in the framework of Regulation

(EEC) No 2081#92.

(6) Where authorisation is given, the name ‘Malta’ shall

appear alongside the name of the region.

(1) Where the production of beef takes place, in full or in Voluntary labelling

system for beef

part, in a third country, operators and organisations shall be entitled to from third countries.

label beef according to rules 15 to 17 if, in addition to complying with

rule 15, they have obtained for their specifications the approval of the

competent authority designated for that purpose by each of the third

countries concerned.

(2) The validity within the Community of an approval

granted by a third country shall be subject to prior notification by the

third country to the Commission of>

(a)

the competent authority which has been designated,

(b) the procedures and criteria to be followed by the

competent authority when examining the specification,

(c) each operator and organisation whose specification was

accepted by the competent authority.

Without prejudice to any action taken by the organisation

itself or the independent control body provided for in rule 15, where it

is shown that an operator or organisation has failed to comply with the

specification referred to in rule 15(1), the competent authority may

withdraw the approval provided for in rule 15(2) or impose

supplementary conditions to be respected if its approval is to be

maintained.

General provisions

The measures necessary for the implementation of this Title

shall be adopted in accordance with the management procedure referred

to in Article 23(2) of European Union Parliament and Council Regulation

(EC) No 1760#2000. These measures concern in particular>

(a) definition of the size of the group of animals, referred to

in rule 12(2)(a)<

(b) definition of the minced beef, beef trimmings or cut beef

referred to in rule 13<

(c)

definition of specific indications that may be put on

labels<

(d) measures required to facilitate the transition from the

application of Regulation (EC) No 820#97 to application of this

Title<

(e) measures required to resolve specific practical problems.

Such measures, if duly justified, may derogate from certain parts

of this Title.

TITLE III

(1) (a) The controls provided for shall be without Common

provisions.

prejudice to any controls which the Commission may carry out pursuant

to Article 9 of Regulation (EC, Euratom) No 2988#95.

(b) Any sanctions imposed on a holder shall be

proportionate to the gravity of the breach. The sanctions may involve,

where justified, a restriction on movement of animals to or from the

holding of the keeper concerned.

(2) Experts from the Commission, in conjunction with the

competent authorities, shall make on-the-spot checks to verify that

checks relating to compliance with the requirements of those rules are

carried out in accordance with Regulation 1760#2000.

(3) The competent authorities shall provide the experts from

the Commission with any assistance they may require in the performance

of their tasks.

Correlation Table

Regulation (EC) No 820/97

These rules

Article 1

Rule 1

Article 2

Rule 2

Article 3

Rule 3

Article 4

Rule 4

Article 5

Rule 5

Article 6

Rule 6

Article 7

Rules 7 and 8

Article 8

-

Article 9

Rule 9

Article 10

Rule 10

Article 11

-

Article 12

Rule 11

Article 13

Rule 12

Article 14 (1)

Rule 15 (1)

Article 14 (2)

Rule 15 (2)

Article 14 (3)

-

Article 14 (4)

Rule 15 (4)

Article 15

Rule 16

Article 16 (1)

Rule 15 (3)

Article 16 (2)

Rule 15 (3)

Article 16 (3)

Rule 12 (2)(a)

Article 17

Rule 17

Article 18

Rule 18

Article 19

-

Article 20

-

Article 21

Rule 19

Article 22

-

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press