1997R2630 — EN — 28.09.2000 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSION REGULATION (EC) No 2630/97
of 29 December 1997
laying down detailed rules for the implementation of Council Regulation (EC) No 820/97 as
regards the minimum level of controls to be carried out in the framework of the system for the
identification and registration of bovine animals
(Text with EEArelevance)
(OJ L 354, 30.12.1997, p. 23)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 132/1999 of 21 January 1999 L 17 20 22.1.1999
►M2Commission Regulation (EC) No 1898/2000 of 7 September2000 L 228 22 8.9.2000
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COMMISSION REGULATION (EC) No 2630/97
of 29 December 1997
layingdowndetailedrulesfortheimplementationofCouncilRegu-
lation (EC) No 820/97 as regards the minimum level of controls tobecarriedoutintheframeworkofthesystemfortheidentification
and registration of bovine animals
(Text with EEArelevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 820/97 of 21 April 1997
establishing a system for the identification and registration of bovineanimals and regarding the labelling of beef and beef products (
1), and in
particular Article 10 (d) thereof,
Whereas it is appropriate to define the minimum level of controls to be
carried out in order to ensure proper implementation of the identifica-tion and registration system for bovine animals;
Whereas the competent authority of each Member State should carry
out controls based on a risk analysis; whereas the risk analysis shouldtake into account all relevant factors, including in particular public andanimal health considerations;
Whereas in principle all the animals on a holding should be covered by
the controls; whereas, however, where for practical reasons it is notpossible to assemble the animals on the holding withing 48 hours, thecompetent authority may provide for an appropriate sampling system;
Whereas the competent authority of each Member State should carry
out on-the-spot inspections, which should in general be unannounced, asprovided for by Council Regulation (EEC) No 3508/92 of 27 November1992 establishing an integrated administration and control system forcertain Community aid schemes (
2), as last amended by Regulation (EC)
No 820/97;
Whereas Member States should make an annual report to the Commis-
sion giving details of the implementation of the controls;
Whereas the Commission should provide the Member States with a
model of such a report;
Whereas in view of the timetable for the application of Regulation (EC)
No 820/97, this Regulation should enterinto for ce as a matterofurgency;
Whereas the measures provided for in this Regulation are in conformity
with the opinion of the Committee for the European AgriculturalGuidance and Guarantee Fund,
HAS ADOPTED THIS REGULATION:
Article 1
The controls provided for in the system for the identification and
registration of bovine animals shall at least comply with the minimumlevels set out in Articles 2 to 5.
Article 2
1. In each Member State the competent authority shall carry out
on-the-spot inspections, which may be carried out in conjunction withany otherinspections pr ovided forby Community legislation. Those
(1) OJ L 117, 7. 5. 1997, p. 1.
(2) OJ L 355, 5. 12. 1992, p. 1.
1997R2630 — EN — 28.09.2000 — 002.001 — 3
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inspections shall each yearcoverat least 10 % of holdings situated in
the territory of each Member State. That minimum rate of control shallbe increased immediately where it is established that Community legis-lation regarding identification has not been complied with.
2. By way of derogation from paragraph 1, where a Member State
has in place a fully operational database in accordance with Article 5 ofRegulation (EC) No 820/97 which provides effective cross-checkingfacilities, a rate of 5 % may be envisaged.
3. The selection of holdings to be inspected by the competent
authority shall be made on the basis of risk analysis.
4. The risk analysis for each holding shall take into account in
particular the following:
(a) the numberof animals on the holding, including details of all the
animals present and animals identified on the holding;
(b) public and animal health considerations, and in particular the exis-
tence of previous outbreaks of disease;
(c) the amount of annual bovine premium claimed and/or paid to the
holding, compared with the amount paid the previous year;
(d) significant changes in comparison with situations in previous years;
(e) results of checks conducted in earlier years, in particular:
— the proper keeping of the holding register, as provided for by
Commission Regulation (EC) No 2629/97 on implementingrules for Regulation (EC) No 820/97 as regards eartags, holdingregisters and passports (
1),
— the proper keeping of passports of the animals present in the
holding, as provided for by Regulation (EC) No 2630/97;
(f) proper communication of the data to the competent authority;
(g) other criteria to be defined by the Member States.
5. Each inspection shall be subject of a report standardized at
national level setting out the results of the controls and any unsatisfac-tory findings, the reason for the control and the persons present. Thekeeper or his representative shall be given the opportunity to sign thereport and, as appropriate, to give his observations on its content.
▼
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6. Copies of the reports, referred to in paragraph 5 shall, where theyreveal infringements of Regulation (EC) No 820/97, be sent withoutdelay to the competent authorities responsible for the implementation ofRegulation (EEC) No 3887/92.
▼
B
Article 3
1. The contr ol shall coverall the animals on the holding forwhich
identification is provided for by Regulation (EC) No 820/97.
2. By way of derogation from paragraph 1, if for practical reasons it
is not possible to assemble the animals on the holding within a period of48 hours, the competent authority may provide for a sampling systemprovided that a reliable level of control is ensured.
Article 4
On-the-spot checks shall in general be unannounced. Where advance
warning is given, it shall be limited to the strict minimum necessary andas a general rules shall not exceed 48 hours.
(1) See page 19 of this Official Journal.
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Article 5
1. Each Member State shall make an annual report to the Commis-
sion, before 1 July each year, commencing in 1999, giving details of thefollowing:
(a) the numberof holdings in the MemberState concer ned;
(b) the number of inspections made pursuant to Article 2;
(c) the numberof animals which have been inspected;
(d) any breach found;
(e) any sanction imposed in accordance with Article 10 of Commission
Regulation (EC) No 820/97.
▼
M2
2. The information referred to in paragraph 1 shall be transmitted tothe Commission following the model structure presented in the Annexto this Regulation.
▼
B
Article 6
This Regulation shall enterinto for ce on the day of its publication in the
Official Journal of the European Communities .
It shall apply from 1 January 1998.
This Regulation shall be binding in its entirety and directly applicable in
all MemberStates.
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▼M2
ANNEX
REPORT ON THE RESULTS OF CONTROLS MADE IN THE BOVINE
SECTOR REGARDING COMMUNITY PROVISIONS FOR IDENTIFI-
CATION AND REGISTRATION
1. Information linked to results according to Article 5(1)(a), (b) and (c):
(a) total number of holdings registered in Member State’s territory as regis-
tered at the beginning of the reporting/inspection period;
(b) total numberof holdings inspected;
(c) total numberof inspections made;
(d) criteria of risk analysis as provided for by Article 2(4) for the selection of
the holdings inspected, with reference to the authority that undertookthese inspections; and, if possible, a breakdown of that selectionaccording to the risk analysis criteria;
(e) total number of bovine livestock as registered at the beginning of the
reporting/inspection period;
(f) total numberof bovines which have been inspected;
(g) type of checks made, i.e. physical check, documentary check, check on
delays of notification of movements.
2. Information linked to results according to Article 5(1)(d) and (e):
(a) number of breaches found and, in particular, the types of discrepancies
observed per type of checks made in accordance with point 1(g);
(b) sanctions (including types of and information regarding the status of their
follow-up) imposed according to Commission Regulation (EC) No 494/98 (*) presented according to the type of checks made and breaches foundin accordance with points 1(g) and 2(a).
(*) OJ L 60, 28.2.1998, p. 78.