Commission Regulation (EC) No 1505/2006Show full title

Article 1 U.K. Checks concerning compliance by keepers with Regulation (EC) No 21/2004

[F1 The competent authority] shall carry out on-the-spot checks (checks) to verify compliance by keepers with the requirements for the identification and registration of animals as provided for in Regulation (EC) No 21/2004.

The checks shall at least comply with the minimum levels set out in Articles 2 to 5 of this Regulation.

Textual Amendments

F1 Words in Art. 1 substituted (31.12.2020) by The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 11(2); 2020 c. 1, Sch. 5 para. 1(1)

Article 2 U.K. Number of holdings to be checked

The competent authority shall carry out the checks each year which shall cover at least 3 % of holdings comprising at least 5 % of [F2 animals].

However, where those checks reveal a significant degree of non-compliance with Regulation (EC) No 21/2004, those rates shall be increased in the following annual inspection period.

Textual Amendments

F2 Word in Art. 2 substituted (31.12.2020) by The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 11(3); 2020 c. 1, Sch. 5 para. 1(1)

Article 3 U.K. Selection of holdings for checks

The competent authority shall select the holdings to be checked on the basis of a risk analysis which shall take account of at least the following:

(a)

the number of animals on the holding;

(b)

animal health considerations, and in particular the existence of previous outbreaks of animal diseases;

(c)

the amount of annual premium for ovine and caprine animals claimed and/or paid to the holding;

(d)

significant changes in comparison with the situation in previous annual inspection periods;

(e)

the results of checks carried out in previous annual inspection periods, in particular, the proper keeping of the holding register and movement documents;

(f)

proper communication of information to the competent authority;

(g)

other criteria to be defined by the [F3 appropriate Minister].

Textual Amendments

F3 Words in Art. 3(g) substituted (31.12.2020) by The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 11(4); 2020 c. 1, Sch. 5 para. 1(1)

Article 4 U.K. Manner of checks

1. The competent authority shall in general carry out the checks without advance warning.

However, advance warning of checks may be given where necessary. Where advance warning is given, provided it shall be limited to the strict minimum necessary and as a general rule shall not exceed 48 hours, except in exceptional cases.

2. The checks may be carried out in conjunction with any other inspections provided for [F4 under any enactment].

Textual Amendments

F4 Words in Art. 4(2) substituted (31.12.2020) by The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 11(5); 2020 c. 1, Sch. 5 para. 1(1)

Article 5 U.K. Number of animals to be checked

1. The competent authority shall check the identification of all animals on the holding.

However, where the number of animals on the holding exceeds twenty, 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 non-compliance with Regulation (EC) No 21/2004 by the keepers of such animals for a 95 % confidence level.

2. Where a check of a representative sample of the animals in accordance with the second subparagraph of paragraph 1 of this Article reveals that the requirements concerning the means of identification and registration provided for in Article 3(1) of Regulation (EC) No 21/2004 have not been complied with by the keeper, all animals on the holding shall be included in the check.

However, the competent authority may decide to check the means of identification of a representative sample of those animals in accordance with internationally recognised standards ensuring the estimation of non-compliance over 5 % with precision of plus or minus 2 % for a 95 % confidence level.

Article 6 U.K. Reports by the competent authority

The competent authority shall complete a report for each check in a format standardised [F5 by the appropriate Minister] setting out at least the following:

(a)

the reason for selecting the holding for the check;

(b)

the persons present during the check;

(c)

the results of the check and any findings of non-compliance with Regulation (EC) No 21/2004.

The competent authority shall give the keeper or his representative the opportunity to sign the report and, as appropriate, to give his observations on its contents.

Textual Amendments

F5 Words in Art. 6 substituted (31.12.2020) by The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 11(6); 2020 c. 1, Sch. 5 para. 1(1)

F6 Article 7 U.K. Annual reports by the Member State

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Textual Amendments

F6 Art. 7 omitted (31.12.2020) by virtue of The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 11(7); 2020 c. 1, Sch. 5 para. 1(1)

Article 8 U.K. Entry into force and applicability

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

It shall apply from 1 January 2007.

F7 ...

Textual Amendments

F7 Words in Signature omitted (31.12.2020) by virtue of The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 11(8); 2020 c. 1, Sch. 5 para. 1(1)