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TITLE IIIU.K.Common provisions

[F1Article a22U.K.

1.For the purposes of this Regulation, ‘appropriate Minister’ 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.

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.

3 But the appropriate authority is the Secretary of State in relation to Scotland, if consent is given by the Scottish Ministers.]

[F2Article 22U.K.

1.F3...

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 F4... 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.

F5...

2.Notwithstanding [F6any other measures adopted by the appropriate Ministers to ensure compliance with the provisions of this Regulation], 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, [F7the appropriate Minister] may restrict the movement of animals to and from the holding of that keeper.

3.Notwithstanding [F8any other measures adopted by the appropriate authorities to ensure compliance with the provisions of this Regulation], where operators and organisations marketing beef have labelled beef without complying with their obligations laid down in Title II, [F9the appropriate authorities] 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 [F10adopted by the appropriate authorities to ensure compliance with the provisions of this Regulation], [F9the appropriate authorities] 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 [F11Great Britain] 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.

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Textual Amendments

[F13Article 22aU.K. Competent authorities

1.The appropriate Ministers shall designate the competent authority or authorities responsible for compliance with Title I, Title III insofar as that Title relates to identification and registration of live animals, and any legislation made on the basis thereof. They shall inform the other appropriate Ministers of the identity of those authorities.

2.The appropriate authorities shall designate the competent authority or authorities responsible for compliance with Title II, Title III insofar as that Title relates to labelling of beef and beef products, and any legislation made on the basis thereof. They shall inform the other appropriate authorities of the identity of that competent authority or those competent authorities.]

F14Article 22bU.K. Exercise of the delegation

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F15Article 23U.K. Committee procedure

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F16Article 23aU.K. Report and legislative developments

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Article 24U.K.

1.Regulation (EC) No 820/97 shall be repealed.

2.References to Regulation (EC) No 820/97 shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in the Annex.

Article 25U.K.

This Regulation shall enter into force on the third day following the day of its publication in the Official Journal of the European Communities.

It shall be applicable to beef from animals slaughtered on or after 1 September 2000.