Regulation (EC) No 1760/2000 of the European Parliament and of the CouncilShow full title

[F1 Article 22 U.K.

1. Member States shall take all the necessary measures to ensure compliance with the provisions of this Regulation.

The controls provided for shall be without prejudice to any controls which the Commission may carry out pursuant to Article 9 of Regulation (EC, Euratom) No 2988/95.

Any penalties imposed by the Member State on a keeper, operator or organisation marketing beef shall be effective, dissuasive and proportionate.

The competent authority shall carry out each year a minimum number of official checks in relation to identification and registration of animals which shall cover at least 3 % of the holdings.

The competent authority shall immediately increase the minimum rate of official checks referred to in the second subparagraph where it is established that provisions on identification and registration of animals have not been complied with.

The selection of holdings to be inspected by the competent authority shall be made on the basis of a risk analysis.

Each Member State shall submit an annual report to the Commission by 31 August on the implementation of the official checks during the previous year.

2. Notwithstanding paragraph 1, the competent authority shall impose on a keeper the following administrative penalties:

(a) if one or more animals on a holding do not comply with any of the provisions laid down in Title I: a restriction on the movement of all animals to or from the holding of the keeper concerned;

(b) in the case of animals for which the identification and registration requirements laid down in Title I are not fully complied with: an immediate restriction on the movement of those animals only, until those requirements are fully complied with;

(c) if, on one holding, the number of animals for which the identification and registration requirements laid down in Title I are not fully complied with is in excess of 20 %: an immediate restriction on the movement of all the animals present on that holding; in respect of holdings of not more than 10 animals, this measure shall apply if more than two animals are not fully identified in accordance with the requirements laid down in Title I;

(d) if the keeper of an animal cannot prove that animal’s identification and traceability: where appropriate, on the basis of an assessment of the animal health and food safety risks, the destruction of the animal without compensation;

(e) if a keeper fails to report to the competent authority the movement of an animal to and from his holding in accordance with the second indent of Article 7(1), the competent authority shall restrict the movement of animals to and from that holding;

(f) if a keeper fails to report to the competent authority the birth or death of an animal in accordance with the second indent of Article 7(1), the competent authority shall restrict the movement of animals to and from that holding;

(g) in cases of persistent failure by a keeper to pay the charge referred to in Article 9, Member States may restrict the movement of animals to and from the holding of that keeper.

3. Notwithstanding paragraph 1, where operators and organisations marketing beef have labelled beef without complying with their obligations laid down in Title II, Member States shall, as appropriate, and in accordance with the principle of proportionality, require the removal of the beef from the market. In addition to the penalties referred to in paragraph 1, Member States may:

(a) if the meat concerned conforms with relevant veterinary and hygiene rules authorise that such beef:

(i)

be placed on the market after being properly labelled in accordance with Union requirements; or

(ii)

be sent directly for processing into products other than those indicated in the first indent of Article 12;

(b) order the suspension or withdrawal of the approval of the operators and organisations concerned.

4. Experts from the Commission, in conjunction with the competent authorities, shall:

(a) verify that Member States comply with the requirements of this Regulation;

(b) make on-the-spot checks to ensure that the checks are carried out in accordance with this Regulation.

5. A Member State in whose territory an on-the-spot check is made shall provide the experts from the Commission with any assistance they may require in the performance of their tasks. The outcome of the checks made shall be discussed with the competent authority of the Member State concerned before a final report is drawn up and circulated. This report shall, where appropriate, contain recommendations for Member States on the improvement of compliance with this Regulation.]

Textual Amendments

F1 Substituted by Regulation (EU) No 653/2014 of the European Parliament and of the Council of 15 May 2014 amending Regulation (EC) No 1760/2000 as regards electronic identification of bovine animals and labelling of beef.