Commission Regulation (EC) No 494/98 of 27 February 1998 laying down detailed rules for the implementation of Council Regulation (EC) No 820/97 as regards the application of minimum administrative sanctions in the framework of the system for the identification and registration of bovine animals
Date: 1998-02-27
Institutions: European Commission
Subjects: EU control, administrative sanction, application of EU law, cattle, health control

L 60/78

EN

Official Journal of the European Communities

28. 2. 98

COMMISSION REGULATION (EC) No 494/98

of 27 February 1998

laying down detailed rules for the implementation of Council Regulation (EC)
No 820/97 as regards the application of minimum administrative sanctions in
the framework of the system for the identification and registration of bovine
animals

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

veterinary authorities and without compensation from the
competent authority;

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 bovine animals and regarding the
labelling of beef and beef products (1), and in particular
Article 10(e) thereof,

Whereas according to Article 21 of Regulation (EC) No
820/97 any sanctions imposed by the Member States
should be proportionate to the gravity of the breach;
whereas the sanctions may involve, where justified, a
restriction on movement of animals to or from the
holding of the keeper concerned;

Whereas the sanctions provided for by this Regulation
should be applied where non-compliance with the condi-
tions for the identification and registration of bovine
animals leads to a presumption in particular of infringe-
ments of Community veterinary legislation which may
endanger human and animal health; whereas sanctions
are also necessary to ensure the proper financing and
operation of this system;

Whereas having regard to the second paragraph of Article
21 of Regulation (EC) No 820/97, this Regulation should
leaving
lay down minimum administrative sanctions,
open the possibility for the Member States to establish
other national administrative or criminal penalties, taking
into account the seriousness of infringements;

Whereas it is necessary to lay down sanctions regarding
certain situations where the provisions of Regulation (EC)
No 820/97 are not complied with; whereas such situ-
ations include non-compliance with all or some of the
requirements regarding identification and registration,
payment of charges and notification; whereas if on a
certain holding the number of animals for which the
identification and registration requirements provided for
by Regulation (EC) No 820/97 are not fully complied
with is in excess of 20 %, the measures should affect all
the animals present on the holding;

Whereas if it is not possible to prove the identification of
should be
an animal within two working days,
the
destroyed without delay under the supervision of

it

(1) OJ L 117, 7. 5. 1997, p. 1.

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 accordance with the opinion of the Committee for the
European Agricultural Guidance and Guarantee Fund,

HAS ADOPTED THIS REGULATION:

Article 1

1.
If one or more animals on a holding comply with
none of the provisions laid down in Article 3 of Regula-
tion (EC) No 820/97, a restriction shall be imposed on
movement of all animals to and from that holding.

2.
If the keeper of an animal cannot prove its identi-
fication within two working days, it shall be be destroyed
without delay under the supervision of the veterinary
authorities,
from the
competent authority.

and without

compensation

Article 2

1.
In the case of animals for which the identification
and registration requirements laid down by Article 3 of
Regulation (EC) No 820/97 are not fully complied with,
until
those requirements are fully complied with, a
restriction shall be immediately imposed on the move-
ment of those animals only.

2.
If, on one holding, the number of animals for which
the identification and registration requirements laid down
by Article 3 of Regulation (EC) No 820/97 are not fully
complied with is in excess of 20 %, a restriction shall be
immediately imposed on the movement of all
the
animals present on the holding.

However, in respect of holdings of not more than 10
animals, this measure shall apply only if more than two
animals are not fully identified in accordance with the
provisions of Regulation (EC) No 820/97.

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Official Journal of the European Communities

L 60/79

Article 3

If a keeper does not pay the charge referred to in Article
9 of Regulation (EC) No 820/97, Member States may
withhold or refuse the issue of passports to that keeper.
In cases of persistent failure by a keeper to pay that
charge, Member States may also restrict the movement of
animals to and from the holding of
that keeper in
accordance with Article 21 of that Regulation.

Article 4

1.
If a keeper fails to report to the competent authority
movement to and from his holding in accordance with
Article 7(1), second indent, of Regulation (EC) No 820/

97, the competent authority shall restrict the movement
of animals to and from that holding.

If a keeper fails to report to the competent authority
2.
the birth or death of an animal
in accordance with
Article 7(1), second indent, of Regulation (EC) No 820/
97, the competent authority shall restrict the movement
of animals to and from that holding.

Article 5

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 March 1998.

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 27 February 1998.

For the Commission

Franz FISCHLER

Member of the Commission