### where aid is granted on the basis of standard costs or additional costs and income foregone , member states shall ensure that the relevant calculations are adequate and accurate and established in advance on the basis of a fair , equitable and verifiable calculation . to this end , a body that is independent from the authorities responsible for the calculations and possesses the appropriate expertise shall provide a certificate confirming the adequacy and accuracy of the calculations . that certificate shall be included in the rural development programme . ### where aid is granted on the basis of standard costs or additional costs and income foregone , member states shall ensure that the relevant calculations are adequate and accurate and established in advance on the basis of a fair , equitable and verifiable calculation . to this end , a body that is independent from the authorities responsible for the calculations and possesses the appropriate expertise shall provide a certificate confirming the adequacy and accuracy of the calculations . that certificate shall be included in the rural development programme . the commission shall ensure , before approving programmes , that all relevant elements are included in the calculations and that the main assumptions and parameters are appropriate .


### to demonstrate the progress and achievements of rural development policy and assess the impact , effectiveness , efficiency and relevance of rural development policy interventions ; ### to evaluate critically and objectively the progress and achievements of rural development policy and assess the impact , effectiveness , efficiency and relevance of rural development policy interventions ;


### having regard to the treaty on the functioning of the european union , and in particular article 21 thereof ### having regard to the treaty on european union and the treaty on the functioning of the european union , and in particular article 21 thereof


### article 20 of the treaty provides for citizenship of the union as additional to national citizenship of the respective member states , stipulating that every person holding the nationality of a member state shall be a citizen of the union . the second paragraph of article 20 specifies that citizens of the union shall enjoy the rights and be subject to the duties provided for in the treaties , and that they shall have , inter alia , the right to move and reside freely within the territory of the member states . the right of union citizens to free movement and residence is further enshrined in article 21 of the treaty . ### article 20 and article 9 of the treaties provides for citizenship of the union as additional to national citizenship of the respective member states , stipulating that every person holding the nationality of a member state shall be a citizen of the union . the second paragraph of article 20 specifies that citizens of the union shall enjoy the rights and be subject to the duties provided for in the treaties , and that they shall have , inter alia , the right to move and reside freely within the territory of the member states . the right of union citizens to free movement and residence is further enshrined in article 21 of the treaty .


### in particular , free movement and workers ' mobility help addressing the consequences of demographic change on the labour market , while also increasing the employability of people and improving the competitiveness of european industries . at the same time , free movement either enables , as an essential condition , or stimulates the exercise by citizens of a broad range of rights available to them under union law , such as their rights as consumers to access goods and services or their rights as passengers and tourists . facilitating free movement has therefore the potential to enhance citizens ' possibilities to fully benefit from the single market , whilst being a key driver for growth . ### in particular , free movement and workers ' mobility help addressing the consequences of demographic change on the labour market , while also increasing the employability of people and improving the competitiveness of european industries . furthermore , against the current backdrop of alarmingly high unemployment figures in individual member states , they provide an opportunity to bring labour supply and demand more into kilter again and , as a result , help ease tensions on the european labour market . at the same time , free movement either enables , as an essential condition , or stimulates the exercise by citizens of a broad range of rights available to them under union law , such as their rights as consumers to access goods and services or their rights as passengers and tourists . facilitating free movement has therefore the potential to enhance citizens ' possibilities to fully benefit from the single market , whilst being a key driver for growth .


### despite the fact that the right to free movement and residence is firmly anchored in primary union law and substantially developed in secondary law , a gap still remains between the applicable legal rules and the reality confronting citizens when they seek to exercise this right in practice . aside from an uncertainty over the advantages of being mobile , union citizens perceive too many practical obstacles with regard to living and working elsewhere in the union . ### despite the fact that the right to free movement and residence is firmly anchored in primary union law and substantially developed in secondary law , a gap still remains between the applicable legal rules and the reality confronting citizens when they seek to exercise this right in practice . aside from an uncertainty over the advantages of being mobile , union citizens encounter too many practical and unjustified obstacles with regard to living and in particular working elsewhere in the union .


### given that the right to free movement significantly improves individuals ' lives , it is vital that information about the existence of this right and the conditions for exercising it is available as broadly as possible . as all union citizens are potential beneficiaries of this right , awareness raising efforts should be made across the union . ### given that the right to free movement significantly improves individuals ' lives , it is vital that easily accessible , transparent information about the existence of this right , the exercise of which also includes obligations to be met by citizens , is available as broadly as possible . as all union citizens are potential beneficiaries of this right , awareness raising efforts should be made across the union .


### in particular , union citizens considering whether to make use of their right to free movement should be informed about their rights to acquire or preserve social security rights by virtue of the union rules on coordination of social security systems ; these rules ensure that they will not lose out on their social security rights when choosing to move within europe . they should further be informed about their right to obtain recognition of their professional qualifications and about the social and civic competences which form part of the european framework of ‘ key competences for lifelong learning’ and which can equip them to fully participate in civic life and empower them to exercise their rights under union law . ### in particular , union citizens considering whether to make use of their right to free movement should be informed about their rights to acquire or preserve social security rights by virtue of the union rules on coordination of social security systems ; these rules ensure that they will not lose out on their social security rights when choosing to move within europe . they should further be informed about their right to obtain recognition of their professional and academic qualifications and about the social and civic competences which form part of the european framework of ‘ key competences for lifelong learning’ and which can equip them to fully participate in civic life and empower them to comprehensively exercise their rights under union law .


### in this context , citizens should also be better informed of their rights as passengers travelling by any transport mode across the european union and of their consumer rights across borders . if they are confident that their rights as consumers are effectively protected , they will contribute more to the development of the european - wide market for goods and services to its full potential and better enjoy its benefits . in the same vein , citizens should be better informed about rules on general product safety and market surveillance , so as to be aware of how their health and their rights are protected throughout the eu , particularly when it comes to threats or risks that they cannot deal with as individuals . it would be further important to enhance citizens ' awareness of their rights to cross - border healthcare , so that they are able to fully benefit from safe and good quality healthcare across european borders . ### in this context , citizens should also be better informed of their rights as passengers travelling by any transport mode across the european union and of their consumer rights across borders . if they are confident that their rights as consumers are effectively protected , and they have full access to low - cost and straightforward dispute settlement procedures , they will contribute more to the development of the european - wide market for goods and services to its full potential and better enjoy its benefits . in the same vein , citizens should be better informed about rules on general product safety and market surveillance , so as to be aware of how their health and their rights are protected throughout the eu , particularly when it comes to threats or risks that they cannot deal with as individuals . it would be further important to enhance citizens ' awareness of their rights to cross - border healthcare , so that they are able to fully benefit from safe and good quality healthcare across european borders . in this connection , reference should also be made to the vast potential of ehealth and telemedicine for simplification of cross - border health care , but also for improving the quality and increasing the efficiency of national medical services .


### enhanced citizens ' awareness of the benefits of these rights for them individually and for society can also contribute to a stronger sense of belonging and adherence to the union . ### enhanced citizens ' awareness of the benefits of these rights for them individually and for society can also contribute to a stronger sense of belonging and adherence to the union . that applies not only to rights in connection with freedom of movement and mobility for citizens , but also to rights , as union citizens , for the exercise of which they do not have to leave their country of origin . the information campaigns carried out as part of the european year must therefore also comprehensively communicate the added value of such rights and , in so doing , ensure that all union citizens , without exception , become fully aware of their union citizenship .


### the primary responsibility for raising citizens ' awareness of their rights as union citizens rests with member states ; action at union level complements and supplements national actions in this respect , as highlighted in the political declaration ' communicating europe in partnership ' signed on 22 october 2008 by the european parliament , the council and the commission . ### the primary responsibility for raising citizens ' awareness of their rights as union citizens rests with member states . they should discharge their obligations to the full and meet their responsibility for the europe we share . this includes providing an intensive flow of accompanying information and targeted reporting on the activities of all eu institutions . action at union level complements and supplements national actions in this respect , as highlighted in the political declaration ' communicating europe in partnership ' signed on 22 october 2008 by the european parliament , the council and the commission .


### – to raise union citizens ' awareness of their right to move and reside freely within the european union and more generally the rights guaranteed to union citizens in cross - border situations , including their right to participate in the democratic life of the union ; ### – to raise union citizens ' awareness of their rights guaranteed to union citizens in cross - border situations , including their right to participate in the democratic life of the union ;


### – to raise union citizens ' awareness of their right to move and reside freely within the european union and more generally the rights guaranteed to union citizens in cross - border situations , including their right to participate in the democratic life of the union ; ### – to raise union citizens ' awareness of their right to move and reside freely within the european union and more generally the rights guaranteed to union citizens in cross - border situations , including their right to participate in the democratic life of the union , with particular account being taken of the new european citizens’ initiative ;


### – to raise union citizens ' awareness of how they can tangibly benefit from union rights and policies while living in another member state , and to stimulate their active participation in civic fora on union policies and issues ; ### –to raise union citizens ' awareness of how they can tangibly benefit from union rights and policies while living in another member state , and of what conditions must be met in order to exercise those rights ;


### – to stimulate a debate about the impact and potential of the right to free movement , as an inalienable aspect of union citizenship , in particular in terms of strengthening societal cohesion and mutual understanding between union citizens and the bond between citizens and the union . ### – to raise union citizens ' awareness of their right to move and reside freely within the european union and more generally to stimulate a debate about the impact and potential of the right to free movement , as an inalienable aspect of union citizenship , in particular in terms of strengthening societal cohesion and mutual understanding between union citizens and the bond between citizens and the union ;


### strengthening of the role and visibility of the multilingual europe direct and your europe web portal as key elements of a ' one - stop - shop ' information system on union citizens ' rights ; ### – strengthening of the role and visibility of the information networks physically consultable in the member states and the multilingual europe direct and your europe web portal as key elements of a ' one - stop - shop ' information system on union citizens ' rights ;


### – strengthening of the role and visibility of problem solving tools , such as solvit , to allow union citizens to better make use of and defend their rights . ### – strengthening of the role and visibility of problem solving tools , such as solvit , to allow union citizens to better make use of and defend their rights under union legislation .


### the commission shall convene meetings of representatives of european organisations or bodies active in the field of defending citizens ' rights and stakeholders to assist the commission in implementing the european year at union level . ### the commission shall convene meetings of representatives of european organisations or bodies active in the field of defending citizens ' rights and stakeholders , such as the european social partners , for example , to assist the commission in implementing the european year at union level .


### no co - financing initiatives are foreseen . ### union funding under the budget of the european year may be used to co - finance other activities which support the year ' s goal through existing union programmes or the structural funds , in particular the ' europe for citizens ' programme and the ' fundamental rights and citizenship ' programme ,


### the composition of the eit bodies should be simplified . the functioning of the eit governing board should be streamlined and the respective roles and tasks of the governing board and the director should be further clarified . ### the composition of the eit bodies should be simplified . the functioning of the eit governing board should be streamlined and the respective roles and tasks of the governing board and the director should be further clarified . the governing board and the director must act in the interests of the eit in an independent and impartial way .


### the eit triennial work programme should take into account the commission ' s opinion concerning the eit ' s specific objectives , as defined in horizon 2020 , and its complementarities with european union policies and instruments . ### the eit triennial work programme should take into account the commission ' s opinion concerning the eit ' s specific objectives , as defined in horizon 2020 , and its complementarities with european union policies and instruments . other eu institutions should be adequately involved when this programme is established .


### the eit’s mission is to contribute to sustainable european economic growth and competitiveness by reinforcing the innovation capacity of the member states and the union . it shall do this by promoting and integrating higher education , research and innovation of the highest standards . ### the eit’s mission is to contribute to sustainable european economic growth and competitiveness by reinforcing the innovation capacity of the member states and the union . it shall do this by promoting and integrating higher education , research , innovation and entrepreneurial activities of the highest standards .


### a rolling triennial work programme , based on the sia , once it is adopted , containing a statement of the major priorities and planned initiatives of the eit and the kics , including an estimate of financing needs and sources . it shall also contain appropriate indicators for monitoring the kics and eit activities . the preliminary rolling triennial work programme shall be submitted by the eit to the commission by 31 december each n - 2 . the commission shall deliver an opinion within three months with regard to eit specific objectives as defined in horizon 2020 and its complementarities with union policies and instruments . the eit shall take a due account of the commission opinion , and in case of disagreement justify its position . the final work programme shall be transmitted by the eit to the european parliament , the council , the commission , the european economic and social committee and the committee of the regions for information ; ### a rolling triennial work programme , based on the sia , once it is adopted , containing a statement of the major priorities and planned initiatives of the eit and the kics , including an estimate of financing needs and sources . it shall also contain appropriate indicators for monitoring the kics and eit activities . the preliminary rolling triennial work programme shall be submitted by the eit to the european parliament , the council and the commission by 31 december each n - 2 . the european parliament , the council and the commission shall deliver an opinion within three months with regard to eit specific objectives as defined in horizon 2020 and its complementarities with union policies and instruments . the eit shall take a due account of these opinions , and in case of disagreement justify its position . the final work programme shall be transmitted by the eit to the european parliament , the council , the commission , the european economic and social committee and the committee of the regions for information ;


### the commission shall have regard to the balance between higher education , research , innovation and business experience as well as to gender balance and an appreciation of the higher education , research and innovation environments across the union . ### the commission shall have regard to the balance between higher education , research , innovation and business experience as well as to gender balance and the widening participation of the higher education , research and innovation environments across the union .


### the governing board members shall act in the interests of the eit , safeguarding its goals and mission , identity and coherence , in an independent way . ### the governing board members shall act in the interests of the eit , safeguarding its goals and mission , identity , autonomy and coherence , in an independent , transparent and impartial way .


### define , with the commission’s agreement , appropriate honoraria for members of the governing board and of the executive committee ; these honoraria shall be benchmarked against similar provision in the member states ; ### define , with the commission’s agreement , appropriate honoraria for members of the governing board and of the executive committee ;


### union legislation provides for a set of harmonised rules to ensure that food and feed are safe and wholesome and that activities which might have an impact on the safety of the food chain or on the protection of consumers interests in relation to food and food information are performed in accordance with specific requirements . union rules exist also to ensure a high level of human , animal and plant health and animal welfare along the food chain and in all those areas of activity where a key objective is the fight against the possible spread of animal diseases , in some cases transmissible to humans , or of pests injurious to plants or plant products , and to ensure the protection of the environment from risks that might arise from gmos and plant protection products . union rules also guarantee the identity and quality of plant reproductive material . the correct application of those rules , hereinafter collectively referred to as ' union agri - food chain legislation ' , contributes to the functioning of the internal market . ### union legislation provides for a set of harmonised rules to ensure that food and feed are safe and wholesome and that activities which might have an impact on the safety of the food chain or on the protection of consumers interests in relation to food and food information are performed in accordance with specific requirements . union rules exist also to ensure a high level of human and animal health and animal welfare along the food chain and in all those areas of activity where a key objective is the fight against the possible spread of animal diseases , in some cases transmissible to humans . the correct application of those rules , hereinafter collectively referred to as ' union agri - food chain legislation ' , contributes to the functioning of the internal market .


### in order to rationalise and simplify the overall legislative framework , whilst simultaneously pursuing the objective of better regulation , the rules applicable to official controls in specific areas should be integrated into a single legislative framework for official controls . for that purpose , regulation no 882 / 2004 and other acts currently governing official controls in specific areas should be repealed and replaced by this regulation . ### in order to rationalise and simplify the overall legislative framework , whilst simultaneously pursuing the objective of better regulation , the rules applicable to official controls should be more closely integrated , provided that they pursue the same objective with regard to control activities . for that purpose , regulation no 882 / 2004 and other acts currently governing official controls in specific areas should be repealed and replaced by this regulation .


### union agri - food chain legislation entrusts the competent authorities of the member states with specialised tasks to be carried out for the protection of animal health , plant health and animal welfare , for the protection of the environment in relation to gmos and plant protection products , and in order to ensure the identity and a high quality of plant reproductive material . those tasks are the public interest activities which the competent authorities of the member states must carry out for the purpose of eliminating , containing or reducing risks which may arise for human , animal or plant health , animal welfare , or for the environment . those activities , which include product approval , surveying , surveillance and monitoring including for epidemiologic purposes , and the eradication and containment of diseases , and other disease control tasks , are governed by the same sectoral rules which are enforced through the official controls . ### union agri - food chain legislation entrusts the competent authorities of the member states with specialised tasks to be carried out for the protection of animal health and animal welfare . those tasks are the public interest activities which the competent authorities of the member states must carry out for the purpose of eliminating , containing or reducing risks which may arise for human or animal health or animal welfare . those activities , which include product approval , surveying , surveillance and monitoring including for epidemiologic purposes , and the eradication and containment of diseases , and other disease control tasks , are governed by the same sectoral rules which are enforced through the official controls .


### the competent authorities should ensure that staff responsible for official controls does not disclose information acquired during the performance of such controls which is covered by professional secrecy . unless there is an overriding interest justifying disclosure , professional secrecy should include information which would undermine the purpose of inspections , investigations or audits , the protection of commercial interests and the protection of court proceedings and legal advice . however , professional secrecy should not prevent competent authorities from disclosing factual information on the outcome of official controls regarding individual operators when the operator concerned has been allowed to comment upon it prior to the disclosure and such comments have been taken into account , or released alongside the information being divulged by the competent authorities . the need to respect professional secrecy is also without prejudice to the obligation to inform the general public where there are reasonable grounds to suspect that food or feed may present a risk for health in accordance with article 10 of regulation no 178 / 2002 . the obligation for competent authorities to inform the general public in cases where there are reasonable grounds to suspect that a food or feed may present a risk for human or animal health , in accordance with article 10 of regulation no 178 / 2002 , and the right of individuals to the protection of their personal data as provided for in directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data16 should not be affected by this regulation . __________________ 16 oj l 281 , 23 . 11 . 95 , p . 31 . ### the competent authorities should ensure that , with the exception of internal reporting obligations , staff responsible for official controls does not disclose information acquired during the performance of such controls which is covered by professional secrecy . where there is a suspicion of risk to human or animal health or of other serious breaches of food law , the competent authorities should take suitable steps to inform the public . the measures taken should be in proportion to the scale of the infringement , in particular when naming specific products or operators concerned . factual information on the outcome of an official control regarding individual operators may be divulged when the operator concerned has been allowed to comment upon it prior to the disclosure and such comments have been taken into account and released alongside and at the same time as the information being divulged by the competent authorities . the obligation for competent authorities to inform the general public in cases where there are reasonable grounds to suspect that a food or feed may present a risk for human or animal health , in accordance with article 10 of regulation no 178 / 2002 , and the right of individuals to the protection of their personal data as provided for in directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data16 should not be affected by this regulation . __________________ 16 oj l 281 , 23 . 11 . 95 , p . 31 .


### to facilitate the identification of non - compliances and streamline the taking of corrective action by the operator concerned , the outcome of official controls should be recorded in a report , a copy of which should be given to the operator . where official controls require the continuous or regular presence of the staff of the competent authorities to monitor the operator ' s activities , a report of each individual inspection or visit to the operator would be disproportionate . in such cases reports should be prepared with a frequency that enables the competent authorities and the operator to be regularly informed of the level of compliance and immediately notified of any identified shortcomings . ### to facilitate the identification of non - compliances and streamline the taking of corrective action by the operator concerned , the outcome of official controls which identify non - compliances with the rules should be recorded in a report . a copy of that report should also be given to the operator . where official controls require the continuous or regular presence of the staff of the competent authorities to monitor the operator ' s activities , a report of each individual inspection or visit to the operator would be disproportionate . in such cases reports should be prepared with a frequency that enables the competent authorities and the operator to be regularly informed of the level of compliance and immediately notified of any identified shortcomings . in the interests of reducing the administrative burden , it should also be sufficient to record the outcome of official controls at border control posts in the common health entry document .


### for the performance of official controls and other official activities on the production and marketing of plant reproductive material , and in the field of animal welfare , the competent authorities should have access to updated , reliable and consistent technical data , to research findings , new techniques and expertise necessary for the correct application of union legislation applicable in those areas . for that purpose the commission should be able to designate , and rely on the expert assistance of , european union reference centres for plant reproductive material and for animal welfare . ### for the performance of official controls and other official activities in the field of animal welfare , the competent authorities should have access to updated , reliable and consistent technical data , to research findings , new techniques and expertise necessary for the correct application of union legislation applicable in those areas . for that purpose the commission should be able to designate , and rely on the expert assistance of , european union reference centres for animal welfare .


### it is important for the performance of effective official controls and other official activities that the competent authorities in the member states , the commission and , where relevant , operators be able to exchange data and information related to official controls or results therefrom rapidly and efficiently . several information systems are established by union legislation and managed by the commission to allow such data and information to be handled and managed through union wide computerised and internet - based tools . a system dedicated to recording and tracing official control results is the trade control and expert system , established by commission decision 2003 / 24 / ec of 30 december 2002 concerning the development of an integrated computerised veterinary system21 and currently used for the management of data and information on animals and products of animal origin and official controls thereon . that system should be upgraded so as to allow its use for all goods for which union agri - food chain legislation establishes specific requirements or official control modalities . dedicated computerised systems also exist for the rapid exchange of information between member states and with the commission on risks which might arise in the food chain or for animal and plant health . article 50 of regulation no 178 / 2002 establishes the rasff , article 20 of regulation xxx / xxxx [ office of publications , please insert number , date , title and , in a footnote , the oj reference for the regulation on animal health ] a system for the notification and reporting on the measures on listed diseases , and article 97 of regulation xxx / xxxx [ office of publications , please insert number , date , title and , in a footnote , the oj reference for the regulation on protective measures against pests of plants ] a system for the notification and reporting of the presence of pests and the notification of non - compliances . all such systems should work in a harmonious , consistent manner that makes use of synergies between the different systems , avoids duplications , simplifies their operation and makes them more efficient . __________________ 21 oj l 8 , 14 . 01 . 03 , p . 44 . ### it is important for the performance of effective official controls and other official activities that the competent authorities in the member states , the commission and , where relevant , operators be able to exchange data and information related to official controls or results therefrom rapidly and efficiently . several information systems are established by union legislation and managed by the commission to allow such data and information to be handled and managed through union wide computerised and internet - based tools . a system dedicated to recording and tracing official control results is the trade control and expert system , ) , established by commission decision 2003 / 24 / ec of 30 december 2002 concerning the development of an integrated computerised veterinary system21 and currently used for the management of data and information on animals and products of animal origin and official controls thereon . that system should be upgraded so as to allow its use for all goods for which union agri - food chain legislation establishes specific requirements or official control modalities . dedicated computerised systems also exist for the rapid exchange of information between member states and with the commission on risks which might arise in the food chain or for animal health . article 50 of regulation no 178 / 2002 establishes the rasff , and article 20 of regulation xxx / xxxx [ office of publications , please insert number , date , title and , in a footnote , the oj reference for the regulation on animal health ] a system for the notification and reporting on the measures on listed diseases . all such systems should work in a harmonious , consistent manner that makes use of synergies between the different systems , avoids duplications , simplifies their operation and makes them more efficient . __________________ 21 oj l 8 , 14 . 01 . 03 , p . 44 .


### infringements of the rules should be subject to effective , dissuasive and proportionate sanctions at national level throughout the union . for financial penalties applicable to intentional infringements to be sufficiently dissuasive , they should be set at a level which is likely to offset the economic advantage sought by the perpetrator through the violation . member states should also be required to apply appropriate criminal and / or administrative penalties in cases where operators fail to cooperate during an official control . ### infringements of the rules should be subject to effective , dissuasive and proportionate sanctions at national level throughout the union . for financial penalties applicable to intentional infringements to be sufficiently dissuasive , they should be set at a level of at least double the economic advantage sought by the perpetrator through the violation . member states should also be required to apply appropriate criminal and / or administrative penalties in cases where operators fail to cooperate during an official control .


### this regulation covers areas that are already covered in certain acts currently in force . to avoid duplications and to establish a coherent legislative framework , the following acts should be repealed and replaced by the rules of this regulation : council directive 89 / 608 / eec of 21 november 1989 on mutual assistance between the administrative authorities of the member states and cooperation between the latter and the commission to ensure the correct application of legislation on veterinary and zootechnical matters23 ; council directive 89 / 662 / eec of 11 december 1989 concerning veterinary checks in intra - community trade with a view to the completion of the internal market24 ; council directive 90 / 425 / eec of 26 june 1990 concerning veterinary and zootechnical checks applicable in intra - community trade in certain live animals and products with a view to the completion of the internal market25 ; council directive 91 / 496 / eec ; council decision 92 / 438 / eec of 13 july 1992 on computerization of veterinary import procedures , amending directives 90 / 675 / eec , 91 / 496 / eec , 91 / 628 / eec and decision 90 / 424 / eec , and repealing decision 88 / 192 / eec26 ; council directive 96 / 23 / ec ; council directive 96 / 93 / ec of 17 december 1996 on the certification of animals and animal products27 ; council directive 97 / 78 / ec ; regulation no 882 / 2004 ; and regulation no 854 / 2004 of the european parliament and of the council of 29 april 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption28 . __________________ 23 oj l 351 , 21 . 12 . 1989 , p . 34 . 24 oj l 395 , 30 . 12 . 1989 , p . 13 . 25 oj l 224 , 18 . 8 . 1990 , p . 29 . 26 oj l 243 , 25 . 8 . 1992 , p . 27 . 27 oj l 13 , 16 . 01 . 97 , p . 28 . 28 oj l 139 , 30 . 4 . 2004 , p . 206 . ### this regulation covers areas that are already covered in certain acts currently in force . to avoid duplications and to establish a coherent legislative framework , the following acts should be repealed and replaced by the rules of this regulation : council directive 89 / 608 / eec of 21 november 1989 on mutual assistance between the administrative authorities of the member states and cooperation between the latter and the commission to ensure the correct application of legislation on veterinary and zootechnical matters23 ; council directive 89 / 662 / eec of 11 december 1989 concerning veterinary checks in intra - community trade with a view to the completion of the internal market24 ; council directive 90 / 425 / eec of 26 june 1990 concerning veterinary and zootechnical checks applicable in intra - community trade in certain live animals and products with a view to the completion of the internal market25 ; council directive 91 / 496 / eec ; council decision 92 / 438 / eec of 13 july 1992 on computerization of veterinary import procedures , amending directives 90 / 675 / eec , 91 / 496 / eec , 91 / 628 / eec and repealing decision 88 / 192 / eec26 ; council directive 96 / 23 / ec ; council directive 96 / 93 / ec of 17 december 1996 on the certification of animals and animal products27 ; council directive 97 / 78 / ec ; regulation no 882 / 2004 . __________________ 23 o j l 351 , 21 . 12 . 89 , p . 34 . 24 oj l 395 , 30 . 12 . 89 , p . 13 . 25 oj l 224 , 18 . 08 . 90 , p . 29 . 26 o j l 243 , 25 . 08 . 92 , p . 27 . 27 oj l 13 , 16 . 01 . 97 , p . 28 .


### in order to ensure consistency , amendments should also be effected to the following acts : regulation no 999 / 2001 of the european parliament and of the council of 22 may 2001 laying down rules for the prevention , control and eradication of certain transmissible spongiform encephalopathies29 ; council regulation no 1 / 2005 of 22 december 2004 on the protection of animals during transport and related operations and amending directives 64 / 432 / eec and 93 / 119 / ec and regulation no 1255 / 9730 ; regulation no 396 / 2005 of the european parliament and of the council of 23 february 2005 on maximum levels of pesticides in or on food and feed of plant of animal origin and amending council directive 91 / 414 / / eec31 ; council regulation no 834 / 2007 of 28 june 2007 on organic production and labelling of organic products and repealing regulation 2092 / 9132 ; regulation no 1069 / 2009 ; council regulation no 1099 / 2009 of 24 september 2009 on the protection of animals at the time of killing33 ; regulation no 1107 / 2009 of the european parliament and of the council of 21 october 2009 concerning the placing of plant protection products on the market and repealing council directives 79 / 117 / eec and 91 / 414 / eec34 ; regulation no 1151 / 2012 of the european parliament and of the council of 21 november 2012 on quality schemes for agricultural products and foodstuffs35 ; council directive 98 / 58 / ec of 20 july 1998 concerning the protection of animals kept for farming purposes36 ; council directive 1999 / 74 / ec of 19 july 1999 laying down minimum standards for the protection of laying hens37 ; regulation no 1829 / 2003 of the european parliament and of the council of 22 september 2003 on genetically modified food and feed38 ; regulation no 1831 / 2003 of the european parliament and the council of 22 september 2003 on additives for use in animal nutrition39 ; council directive 2007 / 43 / ec of 28 june 2007 laying down minimum rules for the protection of chickens kept for meat production40 ; council directive 2008 / 119 / ec of 18 december 2008 laying down minimum standards for the protection of calves41 ; council directive 2008 / 120 / ec of 18 december 2008 laying down minimum standards for the protection of pigs42 ; directive 2009 / 128 / ec of the european parliament and of the council of 21 october 2009 establishing a framework for the community action to achieve the sustainable use of pesticides43 . __________________ 29 oj l 147 , 31 . 5 . 2001 , p . 1 . 30 oj l 3 , 5 . 1 . 2005 , p . 1 . 31 oj l 70 , 16 . 3 . 2005 , p . 1 . 32 oj l 189 , 20 . 7 . 2007 , p . 1 . 33 oj l 303 , 18 . 11 . 2009 , p . 1 . 34 oj l 309 , 24 . 11 . 2009 , p . 1 . 35 oj l 343 , 14 . 12 . 2012 , p . 1 . 36 oj l 221 , 8 . 8 . 1998 , p . 23 . 37 oj l 203 , 3 . 8 . 1999 , p . 53 . 38 oj l 268 , 18 . 10 . 2003 , p . 1 . 39 oj l 268 , 18 . 10 . 2003 , p . 29 . 40 oj l 812 , 12 . 7 . 2007 , p . 19 . 41 oj l 10 , 15 . 1 . 2009 , p . 7 . 42 oj l 47 , 18 . 2 . 2009 , p . 5 . 43 oj l 309 , 24 . 11 . 2009 , p . 71 . ### in order to ensure consistency , amendments should also be effected to the following acts : regulation no 999 / 2001 of the european parliament and of the council of 22 may 2001 laying down rules for the prevention , control and eradication of certain transmissible spongiform encephalopathies29 ; council regulation no 1 / 2005 of 22 december 2004 on the protection of animals during transport and related operations and amending directives 64 / 432 / eec and 93 / 119 / ec and regulation no 1255 / 9730 ; regulation no 396 / 2005 of the european parliament and of the council of 23 february 2005 on maximum levels of pesticides in or on food and feed of plant of animal origin and amending council directive 91 / 414 / / eec31 ; council regulation no 834 / 2007 of 28 june 2007 on organic production and labelling of organic products and repealing regulation 2092 / 9132 ; council regulation no 1099 / 2009 of 24 september 2009 on the protection of animals at the time of killing33 ; regulation no 1107 / 2009 of the european parliament and of the council of 21 october 2009 concerning the placing of plant protection products on the market and repealing council directives 79 / 117 / eec and 91 / 414 / eec34 ; regulation no 1151 / 2012 of the european parliament and of the council of 21 november 2012 on quality schemes for agricultural products and foodstuffs35 ; council directive 98 / 58 / ec of 20 july 1998 concerning the protection of animals kept for farming purposes36 ; council directive 1999 / 74 / ec of 19 july 1999 laying down minimum standards for the protection of laying hens37 ; regulation no 1829 / 2003 of the european parliament and of the council of 22 september 2003 on genetically modified food and feed38 ; regulation no 1831 / 2003 of the european parliament and the council of 22 september 2003 on additives for use in animal nutrition39 ; council directive 2007 / 43 / ec of 28 june 2007 laying down minimum rules for the protection of chickens kept for meat production40 ; council directive 2008 / 119 / ec of 18 december 2008 laying down minimum standards for the protection of calves41 ; council directive 2008 / 120 / ec of 18 december 2008 laying down minimum standards for the protection of pigs42 ; directive 2009 / 128 / ec of the european parliament and of the council of 21 october 2009 establishing a framework for the community action to achieve the sustainable use of pesticides43 . __________________ 29 oj l 147 , 31 . 5 . 2001 , p . 1 . 30 oj l 3 , 5 . 1 . 2005 , p . 1 . 31 oj l 70 , 16 . 3 . 2005 , p . 1 . 32 oj l 189 , 20 . 7 . 2007 , p . 1 . 33 oj l 303 , 18 . 11 . 2009 , p . 1 . 34 oj l 309 , 24 . 11 . 2009 , p . 1 . 35 oj l 343 , 14 . 12 . 2012 , p . 1 . 36 oj l 221 , 8 . 8 . 1998 , p . 23 . 37 oj l 203 , 3 . 8 . 1999 , p . 53 . 38 oj l 268 , 18 . 10 . 2003 , p . 1 . 39 oj l 268 , 18 . 10 . 2003 , p . 29 . 40 oj l 812 , 12 . 7 . 2007 , p . 19 . 41 oj l 10 , 15 . 1 . 2009 , p . 7 . 42 oj l 47 , 18 . 2 . 2009 , p . 5 . 43 oj l 309 , 24 . 11 . 2009 , p . 71 .


### ' official control ' means any form of control that the competent authorities perform for the verification of compliance with : ### ' official control ' means any form of control , also including controls of requirements for animals and goods from third countries intended for export to third countries , that the competent authorities perform for the verification of compliance with :


### the rules referred to in article 1 to ensure the application of those rules ; ### the rules referred to in article 1 , except letters d ) and g ) , to ensure the application of those rules .


### the central authorities of a member state responsible for the organisation of official controls and of other official activities , in accordance with this regulation and the rules referred to in article 1 ; ### the central authorities of a member state responsible for organising and carrying out official controls and other official activities such as issuing certificates and attestations , appointing laboratories , exchanging information in the interest of cooperation between authorities , and taking decisions on measures to remedy breaches of this regulation and the rules referred to in article 1


### ' official attestation ' means any label , mark or other form of attestation issued by the operators under the supervision , through dedicated official controls , of the competent authorities , or by the competent authorities themselves , and providing assurance concerning compliance with one or more requirements laid down in the rules referred to in article 1 ; ### ' official attestation ' means any seal , mark or other form of attestation outside of the health field issued by the competent authorities or under supervision and providing assurance concerning compliance with one or more requirements laid down in the rules referred to in article 1 ;


### ' official detention ' means the procedure by which the competent authorities ensure that animals and goods subject to official controls are not moved or tampered with pending a decision on their destination ; it includes storage by operators under the control of the competent authorities ; ### ' official detention ' means the procedure by which the competent authorities prohibit or restrict the movement or transport and , where appropriate , the marketing of animals , products or goods subject to official controls within the framework of this regulation in order to prevent them from being moved , tampered with or marketed pending a decision on their destination ; it includes storage by operators under the control of the competent authorities or by the authorities themselves ;


### ' official detention ' means the procedure by which the competent authorities ensure that animals and goods subject to official controls are not moved or tampered with pending a decision on their destination ; it includes storage by operators under the control of the competent authorities ; ### ' official detention ' means the procedure by which the competent authorities ensure that animals and goods subject to official controls are not moved or tampered with pending a decision on their destination ; it includes storage by operators in accordance with the instructions and under the control of the competent authorities ;


### for each of the areas governed by the rules referred to in article 1 , member states shall designate the competent authority or authorities on which they confer the responsibility to perform official controls and other official activities . ### for each of the areas governed by the rules referred to in article 1 , member states shall have one or more competent authorities responsible for planning , organising and where necessary performing official controls .


### where , for the same area , a member state confers the responsibility to perform official controls or other official activities on more than one competent authority , at national , regional or local level , or where the competent authorities designated in accordance with paragraph 1 are allowed by that designation to transfer specific responsibilities for official controls or other official activities to other public authorities , the member state shall : ### where , for the same area , a member state has more than one competent authority , at national , regional or local level , or where the competent authorities designated in accordance with paragraph 1 are allowed to transfer specific responsibilities for official controls to other public authorities , care shall be taken to ensure that :


### put in place procedures to ensure efficient and effective coordination between all authorities involved , and the consistency and effectiveness of official controls or other official activities across its territory ; ### procedures are put in place to ensure efficient and effective coordination between all authorities involved , and the consistency and effectiveness of official controls or other official activities across the whole of its territory ;


### member states may confer to the competent authorities referred to in paragraph 1 the responsibility to carry out controls for the verification of compliance with , or for the application of , rules , including those regulating specific risks which may arise from the presence of alien species in the union , other than those referred to in article 1 . ### member states may confer on the competent authorities referred to in paragraph 1 the responsibility to carry out controls for the verification of compliance with , or for the application of , rules .


### have arrangements in place to ensure the impartiality , quality and consistency of official controls and other official activities at all levels ; ### have arrangements in place to ensure the impartiality , quality and unity of purpose of official controls and other official activities at all levels ;


### have , or have access to , a sufficient number of suitably qualified and experienced staff so that official controls and other official activities can be performed efficiently and effectively ; ### have staff whose qualifications and experience are suitable in the light of the control requirements under article 1 and so that official controls and other official activities can be performed fully , efficiently and effectively


### competent authorities shall develop and implement training programmes for the purpose of ensuring that staff performing official controls and official activities receive the training referred to in points , and . ### competent authorities shall develop and implement training programmes for the purpose of ensuring that staff performing official controls and other official activities receive the training referred to in points , and .


### when , within the services of a competent authority , more than one unit is competent to perform official controls or other official activities , efficient and effective coordination and cooperation shall be ensured between the different units . ### when , within the activities carried out by a competent authority , more than one unit is competent to perform official controls or other official activities , efficient and effective coordination and cooperation shall be ensured between the different units .


### competent authorities shall make available the results of the audits referred to in paragraph 1 to the commission upon request . ### competent authorities shall make available the results of the audits referred to in paragraph 1 to the commission upon justified request .


### competent authorities shall require members of their staff not to disclose information acquired when undertaking their duties in the context of official controls and other official activities which by its nature is covered by professional secrecy , subject to paragraph 2 . ### competent authorities shall require members of their staff not to disclose information acquired , except where required to do so within the authority itself , when undertaking their duties in the context of official controls and other official activities which by its nature is covered by professional secrecy , subject to paragraph 2 . the confidentiality requirement covers in particular the following information : - preliminary investigation proceedings or current legal proceedings , - personal data , - documents exempted under regulation no 1049 / 2001 of the european parliament and of the council of 30 may 2001 regarding public access to european parliament , council and commission documents , - information protected under national or eu law and relating in particular to the following : confidentiality requirement , confidentiality of deliberations , international relations and national defence .


### unless there is an overriding public interest in its disclosure , information covered by professional secrecy as referred to in paragraph 1 shall include information whose disclosure would undermine : ### if there is reasonable suspicion of a threat to the health of humans or animals , or any other substantial or repeated infringement of this regulation , the competent authorities shall take appropriate , reasonable and proportionate measures to inform the public of the nature of the hazard or infringement without prejudice to national or union rules regarding access to documents . for public disclosure of the names of the products or companies concerned , account shall be taken of the nature , severity and extent of the threat or infringement , as well as the measures to be taken to eliminate the hazard or infringement . public disclosure by the authority shall only be admissible where other equally effective measures , for example notification by the originator of the hazard or infringement , are not possible or cannot be taken in time to protect legitimate consumer interests . if the suspicion proves unfounded or action is taken to end the infringement , the information publicly disclosed by the competent authorities shall be withdrawn .


### the use of products , processes , materials or substances that may influence food or feed safety , animal health or animal welfare , plant health or plant reproductive material identity and quality , or , in the case of gmos and plant protection products , may adversely impact on the environment ; ### the use of products , processes , materials , feed additives or substances that may influence food or feed safety , animal health or animal welfare , plant health or plant reproductive material identity and quality , or , in the case of gmos and plant protection products , may adversely impact on the environment ;


### operators ' past record as regards the results of official controls performed on them and their compliance with the rules referred to in article 1 ; ### undertakings ' past record as regards the results of official controls performed on them and their compliance with the rules referred to in article 1 ;


### competent authorities shall perform official controls on a regular basis and with appropriate frequency to identify possible intentional violations of the rules referred to in article 1 , taking into account , in addition to the criteria referred to in paragraph 1 , information regarding such possible intentional violations shared through the mechanisms of administrative assistance provided for in title iv and any other information pointing to the possibility of such violations . ### competent authorities shall perform official controls on a regular basis and with appropriate frequency to identify possible intentional violations of the rules referred to in article 1 , taking into account , in addition to the criteria referred to in paragraph 1 , information regarding such possible intentional violations shared through the mechanisms of administrative assistance provided for in title iv and any other information pointing to the possibility of such violations . the commission , by means of an implementing act , details uniform minimum frequency of official controls , having regard , to the specific hazards and risks which exist in relation to each product and the different processes it undergoes . the implementing act shall be adopted within one year from the entry into force of the present regulation .


### persons , processes and activities subject to official controls ### persons , processes , activities , methods and techniques subject to official controls


### on substances , materials or objects which may influence the characteristics of animals and goods , at all stages of production , processing and distribution ; ### on substances , materials or other objects which may influence the characteristics of animals and goods , at all stages of production , processing and distribution ;


### on operators and the activities and operations under their control , on their premises and processes , on the storage , transport , and the use of goods and the keeping of animals . ### on operators and the activities and operations under their control , on their premises and processes , and on the storage , transport , and the use of goods .


### they shall also ensure the regular and timely publication of information on the following : ### they shall also ensure the regular publication at least once a year of information on the following :


### they shall also ensure the regular and timely publication of information on the following : ### they shall also ensure the regular and timely publication of the information contained in the annual report provided for in article 112 .


### reports on official controls ### recording of , and reports on , official controls


### competent authorities shall draw up reports on every official control that they perform . ### competent authorities shall keep documentary records of every official control that they perform . they shall draw up reports on controls in which this regulation or the provisions of article 1 were found to have been infringed .


### competent authorities shall draw up reports on every official control that they perform . ### competent authorities shall draw up reports on every official control that they have performed .


### during official controls and other official activities , operators shall assist the staff of the competent authorities in the accomplishment of their tasks . ### during official controls and other official activities , operators shall assist the staff of the competent authorities in the accomplishment of their tasks . operators shall supply the competent authorities with sufficient quantities of samples free of charge .


### make available all information concerning the consignment on paper or electronically . ### make available without delay all requested information concerning the consignment on paper or electronically .


### the verification , by or under the responsibility of an official veterinarian , of the health and welfare of the animals prior to the slaughter ; ### verification , by or under the responsibility of an official veterinarian , to check the identity , health , and welfare of the animals and to test for faecal or other contamination prior to the slaughter ;


### the commission shall be empowered to adopt delegated acts in accordance with article 139 concerning specific rules for the performance of official controls on products of animal origin intended for human consumption and on animals intended for the production of such products to verify compliance with the rules referred to in points , , and of article 1 applicable to those products and animals , and on action to be taken by the competent authorities following official controls . those delegated acts shall lay down rules on : ### the commission shall be empowered to adopt delegated acts in accordance with article 139 concerning specific rules for the performance of official controls on products of animal origin intended for human consumption and on animals intended for the production of such products to verify compliance with the rules referred to in points , and of article 1 applicable to those products and animals , and on action to be taken by the competent authorities following official controls . those delegated acts shall lay down rules on :


### the commission shall be empowered to adopt delegated acts in accordance with article 139 concerning specific rules for the performance of official controls on products of animal origin intended for human consumption and on animals intended for the production of such products to verify compliance with the rules referred to in points , , and of article 1 applicable to those products and animals , and on action to be taken by the competent authorities following official controls . those delegated acts shall lay down rules on : ### the commission shall be empowered to adopt further delegated acts in accordance with article 139 concerning specific rules for the performance of official controls on products of animal origin intended for human consumption and on animals intended for the production of such products to verify compliance with the rules referred to in points , , and of article 1 applicable to those products and animals , and on action to be taken by the competent authorities following official controls . delegated acts shall allow for the particular circumstances of small businesses and include measures to facilitate the application of haccp principles in accordance with article 5 of regulation no 852 / 2004 . those delegated acts shall lay down rules on :


### specific rules on official controls and on action to be taken by the competent authorities in relation to animals , products of animal origin , germinal products , animal by - products and derived products ### specific rules on official controls and on action to be taken by the competent authorities in relation to animals , products of animal origin , and germinal products


### the commission shall be empowered to adopt delegated acts in accordance with article 139 concerning rules for the performance of official controls on animals , on products of animal origin , on germinal products , on animal by - products and on derived products to verify compliance with the union rules referred to in points and of article 1 and on action to be taken by the competent authorities following official controls . those delegated acts shall take account of animal health risks related to animals , products of animal origin and germinal products , and of human and animal health risks related to animal by - products and derived products , and lay down rules on : ### the commission shall be empowered to adopt delegated acts in accordance with article 139 concerning rules for the performance of official controls on animals , on products of animal origin , on germinal products , on animal by - products and on derived products to verify compliance with the union rules referred to in points and of article 1 and on action to be taken by the competent authorities following official controls . those delegated acts shall take account of animal health risks related to animals , products of animal origin and germinal products , and lay down rules on :


### the specific responsibilities and tasks of the competent authorities , in addition to those provided for in paragraph 1 and articles 4 , 8 , 9 , 10 , 11 , 12 , 13 , 34 and , and 36 ; ### the specific responsibilities and tasks of the competent authorities , in addition to those provided for in paragraph 1 and articles&#160 ; 10 , 11 , 12 , and 34 and ;


### the specific responsibilities and tasks of the competent authorities , in addition to those provided for in articles 4 , 8 , 9 , 10 , 11 , 12 , 13 , 34 and and 36 ; ### the specific responsibilities and tasks of the competent authorities , in addition to those provided for in articles&#160 ; 10 , 11 , 12 , and 34 and ;


### organise audits or inspections of such bodies or persons as necessary ; ### organise audits or inspections of such bodies or persons ;


### in the context of screening , targeted screening and of other official activities , any of the methods referred to in paragraph 2 may be used in the absence of union rules referred to in paragraph 1 . ### in the process of sample selection through selective control and monitoring , any of the methods referred to in paragraph 2 may be used in the absence of union rules referred to in paragraph 1 .


### the competent authorities shall ensure that operators , whose animals or goods are subject to sampling , analysis , test or diagnosis in the context of official controls , have the right to apply for a second expert opinion . ### the competent authorities shall ensure that operators , whose animals or goods are subject to sampling , analysis , test or diagnosis in the context of official controls , have the right to apply for a second expert opinion , where this is relevant and technically feasible .


### the competent authorities shall ensure that operators , whose animals or goods are subject to sampling , analysis , test or diagnosis in the context of official controls , have the right to apply for a second expert opinion . ### the competent authorities shall ensure that operators , whose animals or goods are subject to sampling , analysis , test or diagnosis in the context of official controls , have the right to apply for a second expert opinion . the operator shall bear the costs of this expert opinion .


### shall always entitle the operator to request a documentary review of the sampling , analysis , test or diagnosis by another expert ; ### shall always entitle the operator to request a documentary review of the sampling , analysis , test or diagnosis by another expert designated by the reference laboratory or , failing that , by another official laboratory which is at least equivalent ;


### where relevant and technically feasible , having regard in particular to the prevalence and distribution of the hazard in the animals or goods , to the perishability of the samples or the goods and to the amount of available substrate , shall entitle the operator to request : ### where relevant and technically feasible , having regard in particular to the prevalence and distribution of the hazard in the animals or goods , to the perishability of the samples or the goods and to the amount of available substrate , shall entitle the operator to request and oblige the competent authorities to ensure :


### that carry out the detection of trichinella under the supervision of the competent authorities or of an official laboratory designated in accordance with article 36 , and assessed and accredited in accordance with the standard en iso / iec 17025 on ‘ general requirements for the competence of testing and calibration laboratories’ for the use of the methods referred to in point of this paragraph ; ### that carry out the detection of trichinella under the supervision of the competent authorities and of the national reference laboratory under the supervision of the european union reference laboratory designated in accordance with article 36 , and assessed and accredited in accordance with the standard en iso / iec 17025 on ‘ general requirements for the competence of testing and calibration laboratories’ for the use of the methods referred to in point of this paragraph ;


### the commission shall be empowered to adopt delegated acts in accordance with article 139 concerning rules establishing the cases where and the conditions under which : ### competent authorities may perform the identity and physical checks of the animals and goods entering the union from third countries referred to in paragraph 1 at control points other than border control posts , provided that those control points comply with the requirements provided for in article 62 and in the implementing acts adopted in accordance with article 62 . the commission shall be empowered to adopt delegated acts in accordance with article 139 concerning rules establishing the cases where and the conditions under which :


### goods ordered by distance selling . ### small consignments sent to private individuals or acquired at a distance .


### decisions on consignments of animals shall be taken by an official veterinarian or under his supervision . ### decisions on consignments of animals and products of animal origin shall be taken by an official veterinarian or under his supervision .


### communicate the information referred to in point through the traces system . ### communicate the information referred to in point through or in electronic exchange with the traces system .


### the competent authorities shall place under official detention any consignment of animals or goods entering the union from third countries which does not comply with the rules referred to in article 1 and refuse entry into the union to it . ### when the competent authority ascertains as a result of the official controls performed at the border control posts in accordance with article 45 , that consignments of animals and goods do not comply with the requirements under article 1 , it shall issue a report or a decision : ‘ non - compliant consignment’ or ‘ negative control’ which shall be recorded in the ched . furthermore the competent authorities shall officially detain said consignment of animals or goods and refuse entry into the union to it .


### as appropriate , any such consignment shall be isolated or quarantined and animals belonging to it shall be kept and treated under appropriate conditions pending any further decision . ### as appropriate , any such consignment or part thereof shall be isolated or quarantined and animals belonging to it shall be kept and treated under appropriate conditions pending any further decision . the special needs of other goods shall also be borne in mind .


### having , where possible , heard the operator responsible for the consignment , the competent authorities shall , without delay , order that the operator : ### having heard the operator responsible for the consignment , the competent authorities shall , without delay , decide which of the following courses of action to apply to it :


### re - dispatch the consignment outside the union in accordance with article 70 and ; or ### re - dispatch the consignment or part thereof outside the union in accordance with article 70 and ; or


### subject the consignment to special treatment in accordance with article 69 and or to any other measure necessary to ensure compliance with the rules referred to in article 1 , and , where appropriate , destines the consignment for purposes other than those for which it was originally intended . ### subject the consignment or part thereof to special treatment in accordance with article 69 and or to any other measure necessary to ensure compliance with the rules referred to in article 1 , and , where appropriate , destines the consignment for purposes other than those for which it was originally intended .


### order that the operator destroy the consignment in compliance , where appropriate , with the rules referred to in article 1 , taking all the measures necessary to protect human , animal or plant health , animal welfare or the environment ; or ### order that the operator destroy the consignment in compliance , where appropriate , with the rules referred to in article 1 , taking all the measures necessary to protect human or animal health or animal welfare ; or


### the competent authorities in the member state where the official controls were performed shall supervise the application of the measures ordered pursuant to article 64 and and article 65 to ensure that the consignment does not give rise to adverse effects on human , animal or plant health , animal welfare , or the environment , during or pending the application of those measures . ### the competent authorities in the member state where the official controls were performed shall supervise the application of the measures ordered pursuant to article 64 and and article 65 to ensure that the consignment does not give rise to adverse effects on human or animal health or animal welfare during or pending the application of those measures .


### member states shall ensure that adequate financial resources are available to provide the staff and other resources necessary for the competent authorities to perform official controls and other official activities . ### the competent authorities shall ensure that adequate financial resources are available to provide the staff and other resources necessary for the competent authorities to perform official controls and other official activities .


### member states shall ensure that adequate financial resources are available to provide the staff and other resources necessary for the competent authorities to perform official controls and other official activities . ### member states shall ensure that financial resources which they regard as adequate are available to provide the staff and other resources necessary for the competent authorities to perform official controls and other official activities .


### member states shall consult the operators concerned on the methods used to calculate the fees provided for in article 77 . ### member states shall consult the operators concerned on the methods used to calculate the fees or contributions to costs provided for in article 77 .


### for the purpose of ensuring that competent authorities are provided with adequate resources for the performance of official controls , the competent authorities shall collect fees to recover the costs they incur in relation to : ### the competent authorities shall collect fees to recover the costs they incur in performing the following controls :


### the official controls performed in view of the issuance of official certificates or to supervise the issuance of official attestations ; ### the issuance of official certificates or to supervise the issuance of official attestations ;


### for the purposes of paragraph 1 , the official controls referred to in point of that paragraph shall include official controls performed to verify compliance with measures adopted by the commission in accordance with article 137 of this regulation , article 53 of regulation no 178 / 2002 , articles 27 , 29 , 40 , 41 , 47 , 49 and 50 of regulation no xxx / xxxx [ office of publications , please insert number of the regulation on protective measures against pests of plants ] , articles 41 and 144 of regulation no xxx / xxxx [ office of publications , please insert number of the regulation on the production and making available on the market of plant reproductive material ] and part vi of regulation no xxx / xxxx [ office of publications , please insert number of the regulation on animal health ] , unless the decision establishing the measures requires otherwise . ### for the purposes of ensuring that competent authorities are provided with adequate resources for the performance of official controls , the competent authorities shall collect fees for : the official controls performed in the interest of the food business operator in view of the issuance of official certificates or to supervise the issuance of official attestations .


### the official controls referred to in point and of that paragraph shall not include official controls performed to verify compliance with the rules referred to in article 1 and . ### the official controls referred to in point and of that paragraph shall not include official controls performed to verify compliance with the rules referred to in article 1 and . nevertheless , costs arising from the verification of compliance with pdos , pgis and certificates of specific character , or specific standards of organic agriculture , may be borne by the operators covered by these regimes .


### fees collected in accordance with point of article 77 shall be paid by the operator responsible for the consignment or its representative . ### fees collected in accordance with point of article 77 shall be paid by the operator responsible for the consignment or its representative at the time of its arrival .


### the method and data used to establish the fees provided for in article 77 ; ### the method and data used to establish the fees or contributions to costs provided for in article 77 ;


### the method used to establish the fees provided for in article 77 , including the data and estimates used for the establishment of the flat rate fees referred to in point of article 79 ; ### the method used to establish the fees or contributions to costs provided for in article 77 , including the data and estimates used for the establishment of the flat rate fees referred to in point of article 79 ;


### be reviewed regularly . ### be reviewed regularly every five years .


### coordinating the application by the national reference laboratories and , if necessary , by other official laboratories of the methods referred to in point , in particular , by organising regular inter - laboratory comparative testing and by ensuring appropriate follow - up of such comparative testing in accordance , where available , with internationally accepted protocols ; ### coordinating the application by the national reference laboratories of the methods referred to in point , in particular , by organising regular inter - laboratory comparative testing and by ensuring appropriate follow - up of such comparative testing in accordance , where available , with internationally accepted protocols ; they shall inform the competent authorities of the follow - up and results of such inter - laboratory comparative testing ;


### conducting training courses for the benefit of staff from national reference laboratories and , if needed , from other official laboratories , as well as of experts from third countries ; ### conducting training courses free of charge for the benefit of staff from national reference laboratories . if needed , conducting training courses for the benefit of staff from other official laboratories , as well as of experts from third countries ;


### possess a high level of scientific and technical expertise in human - animal relationship , animal behaviour , animal physiology , animal health and nutrition related to animal welfare , and animal welfare aspects related to the commercial and scientific use of animals ; ### possess suitably qualified staff with a high level of scientific and technical expertise in human - animal relationship , animal behaviour , animal physiology , animal health and nutrition related to animal welfare , and animal welfare aspects related to the commercial and scientific use of animals , taking ethical aspects into consideration ;


### indicate within ten days from the date of receipt of the request , the time necessary to provide an informed response to the request ; ### indicate within 15 days from the date of receipt of the request , the time necessary to provide an informed response to the request ;


### the organisation , on an ad hoc basis , of the collection of data and information in relation to the application of a specific set of the rules referred to in article 1 or regarding the prevalence of certain hazards . ### the organisation , on an ad hoc basis , of the collection of data and information in relation to the prevalence of certain hazards .


### give all necessary assistance and provide all documentation and other technical support that commission experts request to enable them to perform controls efficiently and effectively ; ### give necessary technical assistance and provide documentation and other technical support for commission experts to enable them to perform controls efficiently and effectively ;


### the commission shall set up and manage a computerised information management system for the integrated operation of the mechanisms and tools through which data , information and documents concerning official controls are managed and handled . ### the commission shall set up and manage a computerised information management system for the integrated operation of the mechanisms and tools through which data , information and documents concerning official controls are automatically forwarded from databases in the member states and managed and handled .


### member states shall ensure that financial penalties applicable to intentional violations of the provisions of this regulation and of the rules referred to in article 1 at least offset the economic advantage sought through the violation . ### member states shall ensure that financial penalties applicable to intentional violations of the provisions of this regulation and of the rules referred to in article 1 are set at at least double the economic advantage sought through the violation .


### the commission shall be assisted by the standing committee on plants , animals , food and feed established by article 58 of regulation no 178 / 2002 . that committee is a committee in the meaning of regulation no 182 / 2011 . ### the commission shall be assisted by the standing committee on plants , animals , food and feed established by article 58 of regulation no 178 / 2002 . that committee is a committee in the meaning of regulation no 182 / 2011 . this shall apply with the exception of cases covered by article 23 , which requires the commission to be assisted by committees set up under regulation no 834 / 2007 on organic production , regulation no 1151 / 2012 regarding dop , pgi and tsg food product designations , regulation no 1234 / 2007 regarding dop and pgi wine designations and regulation no 110 / 2008 regarding the geographical indications of spirit drinks .


### regulation no 854 / 2004 and directives 89 / 662 / eec , 90 / 425 / eec , 91 / 496 / eec , 96 / 23 / ec and 97 / 78 / ec are repealed as from [ office of publications , please insert date of entry into force of this regulation + 3 years ] . ### directives 89 / 662 / eec , 90 / 425 / eec , 91 / 496 / eec , 96 / 23 / ec and 97 / 78 / ec are repealed as from [ office of publications , please insert date of entry into force of this regulation + 3 years ] .


### by derogation from paragraph 2 , the commission may , on grounds of exceptional economic circumstances or following a reasoned request by the member state concerned addressed to the commission within ten days of adoption of the council conclusions referred to in paragraph 1 , propose to reduce the amount of the fine or to cancel it . ### by derogation from paragraph 2 , the commission may , on grounds of exceptional economic circumstances , major environmental disasters or following a reasoned request by the member state concerned addressed to the commission within ten days of adoption of the council conclusions referred to in paragraph 1 , propose to reduce the amount of the fine or to cancel it .


### when undertaking quality assurance reviews , the competent authorities shall take account of the proportionate application of the auditing standards . ### .


### insurance undertakings within the meaning of article 13 of directive 2009 / 138 / ec of the european parliament and of the council ; ### insurance undertakings within the meaning of article 13 , other than articles 13 and , of directive 2009 / 138 / ec of the european parliament and of the council ;


### any contractual clause entered into between the audited entity and a third party restricting the choice by the general meeting of shareholders or members of that entity pursuant to paragraph 1 to certain categories or lists of statutory auditors or audit firms regarding the appointment of or restricting the choice of a particular statutory auditor or audit firm to carry out the statutory audit of that entity shall be null and void . ### any contractual clause entered into between the audited entity and a third party restricting the choice by the general meeting of shareholders or members of that entity pursuant to paragraph 1 to certain categories or lists of statutory auditors or audit firms regarding the appointment of or restricting the choice of a particular statutory auditor or audit firm to carry out the statutory audit of that entity is null and void .


### member states shall ensure that the application of the auditing standards to the statutory audit of annual or consolidated financial statements of medium - sized undertakings is proportionate to the scale and complexity of the business of those undertakings . ### member states shall require the competent authorities in their jurisdiction to recognize , when overseeing the profession and in particular in relation to inspections , that the auditing standards adopted in accordance with article 26 are applied to the statutory audit of annual or consolidated financial statements in a manner that is proportionate to the scale and complexity of the business of the entity .


### where a member state has established rules on the carrying out of a limited review of the accounts of small undertakings as an alternative to statutory audit , such member state shall not be obliged to adapt the audit standards to the statutory audit of those undertakings . ### where a member state has established rules on the carrying out of a limited review task relating to the accounts of some of its small undertakings , such member state shall not be obliged to adapt the audit standards to the statutory audit of those undertakings . however , member states which have established such rules shall be required to replace this limited review task in these small undertakings with a proportionate statutory audit task within five years .


### this directive shall enter into force on the twentieth day following that of its publication in the official journal of the european union . ### this directive shall enter into force on the twentieth day following that of its publication in the official journal of the european union and shall be codified , with the directive amended by it , within three months of its entry into force .


### the agency should provide training , including on fundamental rights , at european level for national instructors of border guards and additional training and seminars related to control and surveillance at the external borders and removal of third - country nationals illegally present in the member states for officers of the competent national services . the agency may organise training activities in cooperation with member states on their territory . member states should integrate the results of the agency ' s work in this perspective in the national training programs of their border guards . ### the agency should provide training , including on fundamental rights , international protection and asylum procedures , at european level for national instructors of border guards and additional training and seminars related to control and surveillance at the external borders and removal of third - country nationals illegally present in the member states for officers of the competent national services . the agency may organise training activities in cooperation with member states on their territory . member states should integrate the results of the agency ' s work in this perspective in the national training programs of their border guards .


### the agency may also terminate joint operations and pilot projects if the conditions to conduct these initiatives are no longer fulfilled . ### the agency may also terminate joint operations , rapid border intervention missions and pilot projects if the conditions to conduct these initiatives are no longer fulfilled .


### regarding sea operations , specific requirements regarding the applicable jurisdiction and maritime law provisions concerning the geographical area where the joint operation takes place . ### regarding sea operations , specific requirements regarding the applicable legislation and maritime law provisions concerning the geographical area where the joint operation takes place .


### in article 5 the first paragraph is replaced by the following : ' the agency shall establish and further develop common core curricula for border guards ' training and provide training at european level for instructors of the national border guards of member states , including with the regard to fundamental rights and access to international protection . member states shall integrate the common core curricula in the training of their national border guards . ' ### article 5 is amended as follows : the following paragraphs are inserted before the first paragraph : ' the agency shall provide border guards who are part of the eu border guard system with advanced training relevant to their tasks and powers and shall conduct regular exercises with those border guards in accordance with the advanced training and exercise schedule referred to in the agency ' s annual work programme . the agency shall also take the necessary initiatives to ensure that all border guards and other personnel of the member states who participate in the eu border guard system , as well as the staff of the agency shall , prior to their participation in operational activities organised by the agency , have received training in relevant . eu and international law , including fundamental rights and access to international protection . ' the first paragraph is replaced by the following : ' the agency shall establish and further develop common core curricula for border guards ' training and provide training at eu level for instructors of the national border guards of member states , including with the regard to fundamental rights and access to international protection . member states shall integrate the common core curricula in the training of their national border guards . ' the following paragraph is inserted after the last paragraph : ' the agency shall establish an exchange programme enabling national border guards participating in the eu border guard system to acquire knowledge or specific know - how from experiences and good practices abroad by working with border guards in a member state other than their own . '


### the agency shall finance the deployment of the equipment which forms part of the minimum number of equipment provided by a given member state for a given year . the deployment of equipment which does not form part of the minimum number of equipment shall be co - financed by the agency up to a maximum of 60% of the eligible expenses . ### the agency shall finance the deployment of the equipment provided by a given member state .


### the code of conduct will in particular pay attention to the obligation set out in article 8 of directive 2008 / 115 / ec to provide for an effective forced - return monitoring system . the monitoring of joint return operations should be carried out independently and should cover the whole joint return operation from the pre - departure phase until the hand - over of the returnees in the country of return . furthermore , observations of the monitor , which shall cover the compliance with the code of conduct and in particular fundamental rights , shall be made available to the commission and form part of the internal final return operation report . in order to ensure transparency and a coherent evaluation of the forced - return operations , reports of the monitor shall be included in an annual reporting mechanism . ### the code of conduct shall , in particular , take into account the obligation set out in article 8 of directive 2008 / 115 / ec to provide for an effective forced - return monitoring system to ensure that the return is carried out in full respect for fundamental human rights . the monitoring of joint return operations should be carried out independently and should cover the whole joint return operation from the pre - departure phase until the hand - over of the returnees in the country of return . furthermore , observations of the monitor , which shall cover the compliance with the code of conduct and in particular fundamental rights , shall be made available to the commission and form part of the internal final return operation report . in order to ensure transparency and a coherent evaluation of the forced - return operations , reports of the monitor shall be included in an annual reporting mechanism .


### the agency may cooperate with europol , the european asylum support office , the fundamental rights agency , other european union agencies and bodies , and the international organisations competent in matters covered by this regulation in the framework of working arrangements concluded with those bodies , in accordance with the relevant provisions of the treaty and the provisions on the competence of those bodies . ### the agency shall cooperate with europol , the european asylum support office , the fundamental rights agency , other european union agencies and bodies , and the international organisations competent in matters covered by this regulation in the framework of working arrangements concluded with those bodies , in accordance with the relevant provisions of the treaty and the provisions on the competence of those bodies .


### in matters covered by its activities and to the extent required for the fulfilment of its tasks , the agency shall facilitate the operational cooperation between member states and third countries , in the framework of the european union external relations policy , including with regard to human rights . ### in matters covered by its activities and to the extent required for the fulfilment of its tasks , the agency shall seek to cooperate with the competent authorities of third countries and shall facilitate the operational cooperation between member states and third countries , in the framework of the european union external relations policy , including with regard to human rights .


### although directive 2009 / 21 / ec governs the flag state responsibilities by incorporating the imo ' s flag state audit scheme into union law and by introducing the certification of quality of national maritime authorities ; a separate directive covering the maritime labour standards is deemed more appropriate and clearer to reflect the different purposes and procedures , ### although directive 2009 / 21 / ec governs the flag state responsibilities by incorporating the imo ' s flag state audit scheme into union law and by introducing the certification of quality of national maritime authorities ; a separate directive covering the maritime labour standards is deemed more appropriate and clearer to reflect the different purposes and procedures . therefore , directive 2009 / 21 / ec , the provisions of which apply only to imo conventions , should not be affected by the present directive . in any case , member states could develop , implement and maintain a quality management system for the operational parts of the flag state - related activities of its maritime administration falling within the scope of this directive .


### directive 2009 / 13 / ec applies to seafarers on board ships flying the flag of a member state . member states should therefore monitor compliance with all the provisions of that directive by ships flying their flag . ### directive 2009 / 13 / ec applies to seafarers on board ships flying the flag of a member state . member states should ensure the effective discharge of their obligations as flag states with respect to the implementation of the relevant parts of mlc 2006 which correspond to the elements as set out in the annex to directive 2009 / 13 / ec by ships flying their flag . in establishing an effective system for monitoring mechanisms , including inspections , a member state could grant authorization to public institutions or other organisations within the meaning of mlc 2006 .