Commission Regulation (EC) No 1082/2003
of 23 June 2003
laying down detailed rules for the implementation of Regulation (EC) No 1760/2000 of the European Parliament and of the Council as regards the minimum level of controls to be carried out in the framework of the system for the identification and registration of bovine animals
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/971, and in particular Article 10(d) thereof,
Whereas:
Commission Regulation (EC) No 2630/97 of 29 December 1997 laying down detailed rules for the implementation of Council Regulation (EC) No 820/97 as regards the minimum level of controls to be carried out in the framework of the system for the identification and registration of bovine animals2 has been substantially amended several times3. In the interests of clarity and rationality the said Regulation should be codified.
It is appropriate to define the minimum level of controls to be carried out in order to ensure proper implementation of the identification and registration system for bovine animals.
The competent authority of each Member State should carry out controls based on a risk analysis. The risk analysis should take into account all relevant factors, including in particular public and animal health considerations.
In principle all the animals on a holding should be covered by the controls. However, where for practical reasons it is not possible to assemble the animals on the holding within 48 hours, the competent authority may provide for an appropriate sampling system.
The competent authority of each Member State should carry out on-the-spot inspections, which should in general be unannounced, as provided for by Council Regulation (EEC) No 3508/92 of 27 November 1992 establishing an integrated administration and control system for certain Community aid schemes4, as last amended by Commission Regulation (EC) No 495/20015.
Member States should make an annual report to the Commission giving details of the implementation of the controls.
The Commission should provide the Member States with a model of such a report.
The measures provided for in this Regulation are in conformity with the opinion of the Committee for the European Agricultural Guidance and Guarantee Fund,
HAS ADOPTED THIS REGULATION:
Article 1
The controls provided for in the system for the identification and registration of bovine animals shall at least comply with the minimum requirements set out in Articles 2 to 5.
Article 2
F11
The competent authority shall carry out checks each year which shall cover at least 3 % of holdings.
2
Where the checks provided for in paragraph 1 reveal a significant degree of non-compliance with Regulation (EC) No 1760/2000, the minimum rate of checks shall be increased in the following annual inspection period.
3
The selection of holdings to be inspected by the competent authority shall be made on the basis of risk analysis.
4
The risk analysis for each holding shall take into account in particular the following:
a
the number of animals on the holding, including details of all the animals present and animals identified on the holding;
b
public and animal health considerations, and in particular the existence of previous outbreaks of disease;
c
the amount of annual bovine premium claimed and/or paid to the holding, compared with the amount paid the previous year;
d
significant changes in comparison with situations in previous years;
e
results of checks conducted in earlier years, in particular:
- (i)
the proper keeping of the holding register, as provided for by Commission Regulation (EC) No 2629/976;
- (ii)
the proper keeping of passports of the animals present in the holding, as provided for by Regulation (EC) No 2629/97;
f
proper communication of the data to the competent authority;
g
other criteria to be defined by the Member States.
5
Each inspection shall be the subject of a report standardised at national level setting out the results of the controls and any unsatisfactory findings, the reason for the control and the persons present. The keeper or his representative shall be given the opportunity to sign the report and, as appropriate, to give his observations on its content.
6
Copies of the reports referred to in paragraph 5 shall, where they reveal infringements of Regulation (EC) No 1760/2000, be sent without delay to the competent authorities responsible for the implementation of Commission Regulation (EC) No 2419/20017.
F1Article 3
The competent authority shall check the identification of all animals on the holding.
However, where the number of animals on the holding exceeds 20, the competent authority may decide to check the means of identification of a representative sample of those animals in accordance with internationally recognised standards provided that the number of animals checked is sufficient to detect 5 % of cases of non-compliance with Regulation (EC) No 1760/2000 by the keepers of such animals at a 95 % confidence level.
Article 4
On-the-spot checks shall in general be unannounced. Where advance warning is given, it shall be limited to the strict minimum necessary and as a general rule shall not exceed 48 hours.
Article 5
1
Each Member State shall make an annual report to the Commission, before F231 August each year, giving details of the following:
a
the number of holdings in the Member State concerned;
F1b
the number of holdings that have been checked;
c
the number of animals which have been inspected;
d
any breach found;
e
any sanction imposed in accordance with Article 22 of Regulation (EC) No 1760/2000.
2
The information referred to in paragraph 1 shall be transmitted to the Commission following the model structure presented in Annex I.
Article 6
Regulation (EC) No 2630/97 is repealed.
References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in Annex III.
Article 7
This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
F1ANNEX IReport on the results of checks carried out in accordance with Title I of Regulation (EC) No 1760/2000
1.General information on holdings and animals
Total number of holdings in the Member State at the beginning of the reporting period8 | |
Total number of holdings checked during the reporting period | |
Total number of animals registered in the Member State at the beginning of the reporting period8 | |
Total number of animals checked in holdings during the reporting period | |
Or other national reference date for animal statistics. | |
2.Non-Compliance with Regulation (EC) No 1760/2000
Holdings with non-compliance |
3.
Affected animals | Affected holdings | |
|---|---|---|
1.Restriction of movements of individual animals | ||
2.Restriction of movements of all animals on the holding | ||
3.Destruction of animals | ||
In total | ||
ANNEX IIRepealed Regulation with its successive amendments
Commission Regulation (EC) No 2630/97 (OJ L 354, 30.12.1997, p. 23).
Commission Regulation (EC) No 132/1999 (OJ L 17, 22.1.1999, p. 20).
Commission Regulation (EC) No 1898/2000 (OJ L 228, 8.9.2000, p. 22).
ANNEX III
Regulation (EC) No 2630/97 | This Regulation |
|---|---|
Article 1 | Article 1 |
Article 2(1) | Article 2(1) |
Article 2(2) | Article 2(2) |
Article 2(3) | Article 2(3) |
Article 2(4)(a) | Article 2(4)(a) |
Article 2(4)(b) | Article 2(4)(b) |
Article 2(4)(c) | Article 2(4)(c) |
Article 2(4)(d) | Article 2(4)(d) |
Article 2(4)(e), first indent | Article 2(4)(e)(i) |
Article 2(4)(e), second indent | Article 2(4)(e)(ii) |
Article 2(4)(f) | Article 2(4)(f) |
Article 2(4)(g) | Article 2(4)(g) |
Article 2(5) | Article 2(5) |
Article 2(6) | Article 2(6) |
Article 3 | Article 3 |
Article 4 | Article 4 |
Article 5 | Article 5 |
— | Article 6 |
Article 6 | Article 7 |
Annex | Annex I |
— | Annex II |
— | Annex III. |