Regulation (EC) No 882/2004 of the European Parliament and of the Council (repealed)Dangos y teitl llawn

TITLE V CONTROL PLANS

Article 41 Multi-annual national control plans

In order to ensure the effective implementation of Article 17(2) of Regulation (EC) No 178/2002, of animal health and animal welfare rules and of Article 45 of this Regulation, each Member State shall prepare a single integrated multi-annual national control plan.

Article 42 Principles for the preparation of multi-annual national control plans

1. Member States shall:

(a) implement the plan referred to in Article 41 for the first time no later than 1 January 2007; and

(b) regularly update it in the light of developments; and

(c) provide the Commission with the latest version of the plan on request.

2. Each multi-annual national control plan shall contain general information on the structure and organisation of the systems of feed and food control, and of animal health and animal welfare control in the Member State concerned, in particular on:

(a) the strategic objectives of the plan and on how the prioritisation of controls and allocation of resources reflect these objectives;

(b) the risk categorisation of the activities concerned;

(c) the designation of competent authorities and their tasks at central, regional and local level, and on resources available to these authorities;

(d) the general organisation and management of official controls at national, regional and local level, including official controls in individual establishments;

(e) control systems applied to different sectors and coordination between the different services of competent authorities responsible for official controls in these sectors;

(f) where appropriate, the delegation of tasks to control bodies;

(g) methods to ensure compliance with the operational criteria of Article 4(2);

(h) the training of staff performing official controls referred to in Article 6;

(i) the documented procedures referred to in Articles 8 and 9;

(j) the organisation and operation of contingency plans for animal or food-borne disease emergencies, feed and food contamination incidents and other human health risks;

(k) the organisation of cooperation and mutual assistance.

3. Multi-annual national control plans may be adjusted during their implementation. Amendments may be made in the light of, or in order to take account of, factors including:

(a) new legislation;

(b) the emergence of new diseases or other health risks;

(c) significant changes to the structure, management or operation of the competent national authorities;

(d) the results of Member States' official controls;

(e) the results of Community controls carried out in accordance with Article 45;

(f) any amendment of the guidelines referred to in Article 43;

(g) scientific findings;

(h) the outcome of audits performed by a third country in a Member State.

Article 43 Guidelines for multi-annual national control plans

1. The multi-annual national control plans referred to in Article 41 shall take account of guidelines to be drawn up by the Commission in accordance with the procedure referred to in Article 62(2). These guidelines shall in particular:

(a) promote a consistent, comprehensive and integrated approach to official controls of feed and food, animal health and animal welfare legislation, and embrace all sectors and all stages of the feed and food chain, including import and introduction;

(b) identify risk-based priorities and criteria for the risk categorisation of the activities concerned and the most effective control procedures;

(c) identify other priorities and the most effective control procedures;

(d) identify the stages of production, processing and distribution of feed and food, including the use of feed, which will provide the most reliable and indicative information about compliance with feed and food law;

(e) encourage the adoption of best practices at all levels of the control system;

(f) encourage the development of effective controls on traceability systems;

(g) provide advice on the development of systems to record the performance and results of control actions;

(h) reflect relevant international bodies' standards and recommendations regarding the organisation and operation of official services;

(i) lay down criteria for the conduct of the audits referred to in Article 4(6);

(j) lay down the structure of, and information to be included in, the annual reports required in Article 44;

(k) indicate the main performance indicators to be applied in assessing multi-annual national control plans.

2. Where necessary, the guidelines shall be adapted in the light of the analysis of annual reports that Member States submit in accordance with Article 44 or Community controls carried out in accordance with Article 45.

Article 44 Annual reports

1. One year after starting the implementation of multi-annual national control plans, and subsequently every year, Member States shall submit to the Commission a report indicating:

(a) any amendments made to multi-annual national control plans to take account of the factors referred to in Article 42(3);

(b) the results of controls and audits conducted in the previous year under the provisions of the multi-annual national control plan;

(c) the type and number of cases of non-compliance identified;

(d) actions to ensure the effective operation of multi-annual national control plans, including enforcement action and its results.

2. In order to promote the consistent presentation of this report and in particular of the results of official controls, the information referred to in paragraph 1 shall take account of guidelines to be drawn up by the Commission in accordance with the procedure referred to in Article 62(2).

3. Member States shall finalise their reports and transmit them to the Commission, within six months of the end of the year to which the reports relate.

4. In the light of the reports referred to in paragraph 1, the outcome of Community controls carried out in accordance with Article 45 and any other relevant information, the Commission shall establish an annual report on the overall operation of official controls in Member States. This report may, where appropriate, include recommendations on:

(a) possible improvements to official control and audit systems in Member States, including their scope, management and implementation;

(b) specific control actions concerning sectors or activities, regardless of whether these are covered by multi-annual national control plans;

(c) coordinated plans aiming at addressing issues of particular interest.

5. Multi-annual national control plans and the related guidelines shall, where appropriate, be adapted on the basis of the conclusions and recommendations contained in the Commission's report.

6. The Commission shall submit its report to the European Parliament and the Council and make it available to the public.