1997R2630 — EN — 11.02.1999 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No2630/97
of29December1997
layingdowndetailedrulesfortheimplementationofCouncilRegulation(EC)No820/97asregards
theminimumlevelofcontrolstobecarriedoutintheframeworkofthesystemfortheidentifica-
tionandregistrationofbovineanimals
(TextwithEEArelevance)
(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
1997R2630 — EN — 11.02.1999 — 001.001 — 2
▼B
COMMISSIONREGULATION(EC)No2630/97
of29December1997
layingdowndetailedrulesfortheimplementationofCouncilRegu-
lation (EC) No 820/97 as regards the minimum level of controls to
becarriedoutintheframeworkofthesystemfortheidentification
andregistrationofbovineanimals
(TextwithEEArelevance)
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,as provided for by Council Regulation (EEC) No 3508/92 of 27November 1992 establishing an integrated administration and controlsystem for certain 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 enter into force as a matter of
urgency;
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 regis-
tration of bovine animals shall at least comply with the minimum levels
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 with any
other inspections provided for by Community legislation. Those inspec-
(1) OJ L 117, 7. 5. 1997, p. 1.
(2) OJ L 355, 5. 12. 1992, p. 1.
1997R2630 — EN — 11.02.1999 — 001.001 — 3
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tions shall each year cover at least 10 % of holdings situated in the terri-
tory of each Member State. That minimum rate of control shall beincreased immediately where it is established that Community legisla-tion 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-checking
facilities, 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 parti-
cular the following:
(a) the number of 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,holding registers 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 unsatisfactory find-ings, the reason for the control and the persons present. The keeper orhis representative shall be given the opportunity to sign the report and,
as appropriate, to give his observations on its content.
▼
M1
6. Copies of the reports, referred to in paragraph 5 shall, where they
reveal infringements of Regulation (EC) No 820/97, be sent withoutdelay to the competent authorities responsible for the implementation ofRegulation (EEC) No 3887/92.
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B
Article 3
1. The control shall cover all the animals on the holding for which
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 periodof 48 hours, the competent authority may provide for a sampling system
provided 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 number of holdings in the Member State concerned;
(b) the number of inspections made pursuant to Article 2;(c) the number of 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.
2. The Commission shall provide the Member States with a model
showing how the information referred to in paragraph 1 is to be
presented.
Article 6
This Regulation shall enter into force 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 Member States.