Regulation (EU) 2016/1012 of the European Parliament and of the CouncilShow full title

Article 47 Actions in case of established non-compliance

1. Where non-compliance is established, the competent authorities shall:

(a) take any action necessary to determine the origin and extent of that non-compliance and to establish the responsibilities of the operators concerned;

(b) take appropriate measures to ensure that the operators concerned remedy the non-compliance and prevent further occurrences of it.

When deciding which measures to take, the competent authorities shall take account of the nature of the non-compliance and the past record of the operators concerned with regard to compliance.

In particular competent authorities shall, as appropriate:

(a) order that the breed society postpones the entry in breeding books of purebred breeding animals or that the breeding operation postpones the registration in breeding registers of hybrid breeding pigs;

(b) order that the breeding animals or their germinal products shall not be used for breeding in accordance with this Regulation;

(c) suspend the issuing of zootechnical certificates by the breed society or the breeding operation;

(d) suspend or withdraw the approval of a breeding programme carried out by a breed society or breeding operation, where the activities of that breed society or breeding operation repeatedly, continuously or generally fail to comply with the requirements of the breeding programme approved in accordance with Article 8(3), and, where applicable, Article 12;

(e) withdraw the recognition of the breed society or breeding operation granted in accordance with Article 4(3), where that breed society or breeding operation repeatedly, continuously or generally fails to comply with the requirements referred to in Article 4(3);

(f) take any other measures that they deem to be appropriate to ensure compliance with the rules provided for in this Regulation.

2. The competent authorities shall provide the operators concerned, or their representatives, with:

(a) a written notification of their decision concerning the action or measure to be taken in accordance with paragraph 1, together with the reasons for that decision;

(b) information on any right of appeal against such decisions, and on the applicable procedure and time limits.

3. The competent authorities shall monitor the situation and shall modify, suspend or withdraw the measures that they have taken in accordance with this Article, depending on the severity of the non-compliance and the existence of clear evidence of a return to compliance.

4. Member States may provide that the operators concerned are to bear all or part of expenditure incurred pursuant to this Article by competent authorities concerned.