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

CHAPTER I U.K. F1 ... SCALES FOR THE CLASSIFICATION OF CARCASSES

[F2 Article A1 U.K. Definitions

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

(a) ‘constituent nation’ means England, Wales, Scotland or Northern Ireland, as the case may be;

(b) ‘relevant authority’ means:

(i) in relation to England, the Secretary of State;

(ii) in relation to Wales, the Welsh Ministers;

(iii) in relation to Scotland, the Scottish Ministers;

(iv) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.

2. For the purposes of this Regulation, ‘appropriate authority’ means:

(a) in relation to England, the Secretary of State;

(b) in relation to Wales, the Welsh Ministers;

(c) in relation to Scotland, the Scottish Ministers;

(d) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.

3. But the appropriate authority is the Secretary of State:

(a) in relation to Scotland, if consent is given by the Scottish Ministers;

(b) in relation to Northern Ireland, if consent is given by the Department of Agriculture, Environment and Rural Affairs.]

Textual Amendments

F2 Art. A1 inserted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 6(3); 2020 c. 1, Sch. 5 para. 1(1)

Article 1 U.K. 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 [F3 the United Kingdom] in accordance with Title I of Regulation (EC) No 1760/2000.

Textual Amendments

F3 Words in Art. 1 substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 6(4); 2020 c. 1, Sch. 5 para. 1(1)

Article 2 U.K. Derogations from the compulsory classification of carcasses

1. [F4 Nothing in this Regulation prevents the appropriate authorities from deciding] 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.

[F5 Nothing in this Regulation prevents the appropriate authorities from determining] 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. [F6 Nothing in this Regulation prevents the appropriate authorities from deciding] 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. [F7 Nothing in this Regulation prevents the appropriate authorities] that apply classification of sheep carcasses pursuant to the second paragraph of Article 10 of Regulation (EU) No 1308/2013 [F8 from deciding], based on objective and non-discriminatory criteria, that the requirements on classification of sheep carcasses shall not be compulsory for certain slaughterhouses.

F9 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Words in Art. 2(1) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 6(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 2(1) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 6(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 2(2) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 6(6); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 2(3) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 6(7)(a); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 2(3) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 6(7)(b); 2020 c. 1, Sch. 5 para. 1(1)

F9 Art. 2(4) omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 6(8); 2020 c. 1, Sch. 5 para. 1(1)

Article 3 U.K. 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 U.K. Conformation class S

[F10 Nothing in this Regulation prevents the appropriate authorities from deciding] 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.

Textual Amendments

F10 Words in Art. 4 substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 6(9); 2020 c. 1, Sch. 5 para. 1(1)

Article 5 U.K. Classification of pig carcasses

[F11 Nothing in this Regulation prevents the appropriate authorities from further subdividing] into subclasses the pig carcass classification classes laid down in point B.II of Annex IV to Regulation (EU) No 1308/2013.

[F12 Nothing in this Regulation prevents the appropriate authorities from authorising] 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.

Textual Amendments

F11 Words in Art. 5 substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 6(10)(a); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Art. 5 substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 6(10)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 6 U.K. 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. [F13 Nothing in this Regulation prevents the appropriate authorities, 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, [F14 from allowing] 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. [F15 The appropriate authorities] shall ensure that this practice is regulated by F16 ... 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.

Textual Amendments

F13 Words in Art. 6(4) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 6(11)(a); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Art. 6(4) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 6(11)(b); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Art. 6(4) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 6(11)(c); 2020 c. 1, Sch. 5 para. 1(1)

F16 Word in Art. 6(4) omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 6(11)(d); 2020 c. 1, Sch. 5 para. 1(1)

Article 7 U.K. 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 [F17 appropriate authority] may authorise classification before weighing in accordance with Article 11 of this Regulation if certain grading methods applied in the territory of a [F18 constituent nation] 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 F19 ... 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 [F20 appropriate authority] 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.

Textual Amendments

F17 Words in Art. 7(2) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 6(12)(a); 2020 c. 1, Sch. 5 para. 1(1)

F18 Words in Art. 7(2) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 6(12)(b); 2020 c. 1, Sch. 5 para. 1(1)

F19 Words in Art. 7(4) omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 6(13)(a); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in Art. 7(4)(b) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 6(13)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 8 U.K. 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. [F21 Nothing in this Regulation prevents the appropriate authorities from laying] 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. [F22 Nothing in this Regulation prevents the appropriate authorities from laying] down F23 ... provisions on additional requirements on marking.

Textual Amendments

F21 Words in Art. 8(6) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 6(14); 2020 c. 1, Sch. 5 para. 1(1)

F22 Words in Art. 8(7) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 6(15)(a); 2020 c. 1, Sch. 5 para. 1(1)

F23 Word in Art. 8(7) omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 6(15)(b); 2020 c. 1, Sch. 5 para. 1(1)

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

[F24 The relevant authorities] 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 [F25 appropriate authority] 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. [F24 The relevant authorities] shall ensure that the grading techniques are operated by qualified personnel

Textual Amendments

F24 Words in Art. 9 substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 6(16)(a); 2020 c. 1, Sch. 5 para. 1(1)

F25 Words in Art. 9 substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 6(16)(b); 2020 c. 1, Sch. 5 para. 1(1)

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

1. [F26 The appropriate authorities] 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 [F27 the relevant constituent nation] 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.

F28 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. [F29 The appropriate authority] shall designate an independent body which shall analyse the results of the authorisation test. F30 ...

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.

[F31 6. The appropriate authority may authorise beef and sheep automated grading methods without organising an authorisation test, provided that the same grading methods were authorised before exit day for application in a 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 constituent nation 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.

F32 ...

Textual Amendments

F26 Words in Art. 10(1) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 6(17)(a); 2020 c. 1, Sch. 5 para. 1(1)

F27 Words in Art. 10(1) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 6(17)(b); 2020 c. 1, Sch. 5 para. 1(1)

F28 Art. 10(3) omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 6(18); 2020 c. 1, Sch. 5 para. 1(1)

F29 Words in Art. 10(4) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 6(19)(a); 2020 c. 1, Sch. 5 para. 1(1)

F30 Words in Art. 10(4) omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 6(19)(b); 2020 c. 1, Sch. 5 para. 1(1)

F31 Art. 10(6) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 6(20); 2020 c. 1, Sch. 5 para. 1(1)

F32 Words in Art. 10(7) omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 6(21); 2020 c. 1, Sch. 5 para. 1(1)

Article 11 U.K. 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.

F33 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F33 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. The application of grading methods shall correspond in all particulars to the description given in the F34 ... decision authorising them.

[F35 6. The appropriate authority may authorise a grading method without an authorisation test, provided that the same grading method was authorised before exit day for application in a member State on the basis of an authorisation test where the sample of carcasses is sufficiently representative of the pig population in the constituent nation concerned.]

Textual Amendments

F33 Art. 11(3)(4) omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 6(22); 2020 c. 1, Sch. 5 para. 1(1)

F34 Word in Art. 11(5) omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 6(23); 2020 c. 1, Sch. 5 para. 1(1)

F35 Art. 11(6) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 6(24); 2020 c. 1, Sch. 5 para. 1(1)

Article 12 U.K. 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 F36 ..., that using a different carcass presentation has no effect on the classification result by the automated grading methods.

Textual Amendments

F36 Words in Art. 12(2)(b) omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 6(25); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F1 Word in Ch. 1 heading omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 6(2); 2020 c. 1, Sch. 5 para. 1(1)

(1)

Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (OJ L 139, 30.4.2004, p. 55).