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Legal basis classification

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Presentation on theme: "Legal basis classification"— Presentation transcript:

1 Legal basis classification
Technical Assistance for Development of Strategy for Alignment with Common Market Organization (CMO) Requirements TR2014/AG/10-A1-01/001 This Project is co-financed by the European Union and the Republic of Turkey Legal basis classification Training on classification March 2018

2 Brief introduction to decision making process in EU (1) (procedure adopted by Lisbon treaty in 2009)
Proposal new legislation from the European Commission First reading by European Council and European Parliament If necessary amendmends, second reading and interference by Conciliation Committee Approval and adoption by European Council and European Parliament Within boundaries mentioned in the legislation the European Commission has the power to draft delegated and implementing acts to ensure correct implementation of the adopted legislation. Before 2009 supplementary legislation in Commission regulation. Delegated act: adoption by the European Commission after consultation with stake holders and experts. Implementing act: adoption after vote in Examination Committee.

3 Brief introduction to decision making process in EU (2)
Types of legislation: Regulation: a binding legislative act. It must be applied in its entirety across the EU; Delegated and Implementing acts are also regulations. Directive: a legislative act that sets out a goal that all EU countries must achieve. However, it is up to the individual countries to devise their own laws on how to reach these goals.  Decision: a decision is binding on those to whom it is addressed (e.g. an EU country or an individual company) and is directly applicable.  Recommendation: not binding Opinion: an opinion is an instrument that allows the institutions to make a statement in a non-binding fashion, in other words without imposing any legal obligation on those to whom it is addressed.

4 Legislation regarding classification of bovines, pigs and sheep
Regulation of the European Council and European Parliament establishing a common organisation of the markets in agricultural products. Regulation is repealed by this regulation. ….( Regulation of the European Commission laying down detailed rules on the implementation of the Community scales for the classification of beef, pig and sheep carcases and the reporting of prices thereof (valid until July 11, 2018) Delegated act (valid from July 11, 2018) Implementing act (valid from July 11, 2018) Decisions to approve pig classification equipment per member state. Examples: Commissionair Implementing Decision 2011/303/EU of 20 May 2011 authorising methods for grading pig carcasses in the Netherlands Commissionair Implementing Decision 2011/506/EU of 16 August 2011 amending Decision 2005/240/EC authorising methods for grading pig carcasses in Poland. Examples national legislation: Netherlands: Regulation on meat market management ( Poland: Act of December 21, 2000 and Regulations of Minister of ARD. (

5 Important subjects/articles regarding classification:
Regulation of the European Council and European Parliament (common organisation of the markets of agricultural products, replaces Reg ) Important subjects/articles regarding classification: Art. 10: Union scales for the classification of carcasses shall apply in the beef and pig sector and is voluntary in the sheep sector. Art. 19: The Commission has the power to adopt delegated acts in the field of classification, identification, presentation and price reporting Art. 20 and 21: The Commission shall adopt implementing acts laying down the measures necessary for the implementation of Union scales for the classification of beef, pig and sheep carcasses including carcass presentation, marking, price reporting and inspection. Annex IV: Union scales for the classification of carcasses referred to in art. 10. Annex VII: specific provisions for carcasses < 12 months (cat V and Z) - obtained from bovine animals aged less than 12 months (especially sales descriptions)

6 Commission Regulation 1249-2008
laying down detailed rules on: Systems of classification for all species Which slaughterhouses have the requirement to classify; Weighing, marking and labelling. Communication to supplier; Licensed classifiers Automatic grading techniques Reference dressing On the spot checks Price reporting

7 Delegated act 2017-1182 Implementing act 2017-1184
Both acts are valid from July 11, 2018 Changes compared to Regulation Details about these changes later in this training

8 This publication has been produced with the financial assistance of the European Union
The contents of this publication is the sole responsibility of NIRAS IC Sp. z o.o. and can in no way be taken to reflect the views of the European Union

9 Thank you for your attention Any questions
Technical Assistance for Development of Strategy for Alignment with Common Market Organization (CMO) Requirements TR2014/AG/10-A1-01/001 This Project is co-financed by the European Union and the Republic of Turkey Thank you for your attention Any questions


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