14. 2. 91 Official Journal of the European Communities No L.41/15 COMMISSION REGULATION (EEC) No 344/91 of 13 February 1991 laying down detailed rules for applying Council Regulation (EEC) No 1186/90 to extend the scope of the Community scale for the classification of carcases of adult bovine animals THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 1186/90 of 7 May 1990 extending the scope of the Community scale for the classification of carcases of adult bovine animals ("), and in particular Article 2 thereof, Whereas Regulation (EEC) No 1186/90, and in particular Article 1 thereof, provided for the scope of the Commu- nity scale for the classification of carcases of adult bovine animals introduced by Council Regulation (EEC) No 1208/81 at 28 April 1981 determining the Community scale for the classification of carcases of adult bovine animals (% to be extended to cover all carcases and half- carcases placed on the market; Whereas the conditions for identifying classified carcases need to be specified; whereas the system of marking provided for products delivered into intervention is the most suitable for this purpose and whereas provisions should therefore be made for marking similar to that laid down in Commission Regulation (EEC) No 859/89 of 29 March 1989 laying down detailed rules for the appli- cation of intervention measures in the beef and veal sector (°), as last amended by Regulation (EEC) No 2271/90 (%), and in particular Article 4 (3) thereof, while authorizing the Member States to grant exceptions as to the positioning of the markings laid down therein; Whereas according to the practices in certain Member States, on certain conditions, labelling provides the same guarantees as marking as regards the reliability of identifi- cation and in addition allows more detailed information ; whereas it is therefore appropriate to allow the Member States to use labelling instead of marking; Whereas provision should be made for indication of the category in accordance with Regulation (EEC) No 1208/81, and in particular Article 3 (1) thereof; Whereas, in view of the limited capacity of certain small- scale slaughterhouses, recourse should be had to Article 2 (b) of Regulation (EEC) No 1186/90 and provision should be made for the possibility of waiving, at the request of a () OJ No L 119, 11. 5. 1990, p. 32. () OJ No L 123, 7. 5. 1981, p. 3. () O No L 91, 4. 4. 1989, p. §. () OJ No L 204, 2. 8. 1990, p. 45. Member State, obligatory classification, where a small average number of adult bovine animals is slaughtered ; whereas the Commission must, when making its decision, take account of certain circumstances, in particular the objective of gradual harmonization in this area; whereas, however, in order to simplify application of the above- mentioned provision to smaller-scale establishments, it is advisable to authorize the Member States themselves to grant this waiver in the case of establishments which slaughter no more than 75 adult bovine animals per week as an annual average and in the case of carcases of animals purchased on the hoof by traders practising exclusively retail trade and slaughtered for them under contract ; Whereas in cases where an approved establishment itself bones all the obtained and classified carcases, compulsory identification no longer serves any purpose ; Whereas classification should be carried out by staff having the necessary qualifications certified by licence or approval ; ' : Whereas the reliability of classifications must be verified by effective checks carried out by public or private bodies having no connection with the slaughterhouses they inspect ; whereas it must be possible to penalize incorrect classification, in particular by revoking the licence of the person responsible ; Whereas the Member States should be obliged to inform the Commission of the steps taken to ensure compliance with Regulation (EEC) No 1186/90 and to penalize infringements of this Regulation in particular; Whereas the Management Committee for beef and -veal has not delivered and opinion within the time limit set by its chairman ; HAS ADOPTED THIS REGULATION : Article 1 1. The identification referred to in Article 1 (1) of Regulation (EEC) No 1186/90 of carcases or half-carcases classified according to the Community scale for the classi- fication of the carcases of adult bovine animals esta- blished by Regulation (EEC) No 1208/81 in approved establishments shall be carried out by means of a mark indicating the category and the class of conformation and fatness.