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Regulation (EU) 2017/625 of the European Parliament and of the CouncilShow full title
Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (Text with EEA relevance)
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- Revised 14/12/20191.64 MB
- Revised 07/04/20171.20 MB
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Changes over time for: Article 139
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Article 139U.K.Penalties
1.[F1The [F2appropriate authority]] [F3may, by regulations,] lay down the rules on penalties applicable to infringements of this Regulation [F4or of any EU tertiary legislation, or regulations, made under this Regulation] and take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. F5...
[F62. The appropriate authority] shall ensure that financial penalties for violations of this Regulation and of the rules referred to in Article 1(2), perpetrated through fraudulent or deceptive practices, reflect F7... at least either the economic advantage for the operator or, as appropriate, a percentage of the operator's turnover.
[F83.Regulations under this Article may create offences.
4.Regulations may provide for an offence under the regulations to be triable—
(a)summarily, or
(b)either summarily or on indictment.
5.Regulations may provide for an offence under the regulations that is triable either way to be punishable—
(a)on summary conviction in England and Wales, with imprisonment for a term not exceeding three months or a fine (or both);
(b)on summary conviction in Scotland, with imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum (or both);
(c)on conviction on indictment, with imprisonment for a term not exceeding two years or a fine (or both).
6.Regulations may provide for a summary offence under the regulations to be punishable—
(a)in England and Wales, with imprisonment for a term not exceeding three months or a fine (or both);
(b)in Scotland, with imprisonment for a term not exceeding three months or a fine not exceeding level 5 on the standard scale (or both).]
Textual Amendments
F1Words in Art. 139(1) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 25(2)(a)(i) (with reg. 46)
F2Words in Art. 139(1) substituted (13.12.2022) by The Animals and Animal Health, Feed and Food, Plants and Plant Health (Amendment) Regulations 2022 (S.I. 2022/1315), regs. 1(1), 9(a)(i)
F3Words in Aat. 139(1) substituted (13.12.2022) by The Animals and Animal Health, Feed and Food, Plants and Plant Health (Amendment) Regulations 2022 (S.I. 2022/1315), regs. 1(1), 9(a)(ii)
F4Words in Art. 139(1) inserted (13.12.2022) by The Animals and Animal Health, Feed and Food, Plants and Plant Health (Amendment) Regulations 2022 (S.I. 2022/1315), regs. 1(1), 9(a)(iii)
F5Words in Art. 139(1) omitted (31.12.2020) by virtue of The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 25(2)(a)(ii) (with reg. 46)
F6Words in Art. 139(2) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 25(2)(b) (with reg. 46)
F7Words in Art. 139(2) omitted (13.12.2022) by virtue of The Animals and Animal Health, Feed and Food, Plants and Plant Health (Amendment) Regulations 2022 (S.I. 2022/1315), regs. 1(1), 9(b)
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