Commission Regulation (EC) No 1082/2003 of 23 June 2003 laying down detailed rules for the implementation of Regulation (EC) No 1760/2000 of the European Parliament and of the Council 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 EEA relevance)
Date: 2003-06-23
Institutions: European Commission
Subjects: animal disease, cattle, live animal, veterinary inspection

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 1082/2003

of 23 June 2003

laying down detailed rules for the implementation of Regulation (EC) No 1760/2000 of the
European Parliament and of the Council 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 EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Regulation (EC) No 1760/2000 of
the
European Parliament and of the Council of 17 July 2000 estab-
lishing a system for the identification and registration of bovine
animals and regarding the labelling of beef and beef products
and repealing Council Regulation (EC) No 820/97 (1), and in
particular Article 10(d) thereof,

(6)

(7)

(8)

Member States should make an annual report to the
Commission giving details of the implementation of the
controls.

The Commission should provide the Member States with
a model of such a report.

The measures provided for in this Regulation are in
conformity with the opinion of the Committee for the
European Agricultural Guidance and Guarantee Fund,

Whereas:

(1)

(2)

(3)

(4)

(5)

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 (2) has been substan-
tially amended several times (3). In the interests of clarity
and rationality the said Regulation should be codified.

It is appropriate to define the minimum level of controls
to be carried out in order to ensure proper implementa-
the identification and registration system for
tion of
bovine animals.

The competent authority of each Member State should
carry out controls based on a risk analysis. The risk
analysis should take into account all relevant factors,
including in particular public and animal health consid-
erations.

In principle all the animals on a holding should be
covered by the controls. However, where for practical
reasons it is not possible to assemble the animals on the
holding within 48 hours, the competent authority may
provide for an appropriate sampling system.

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 27 November 1992
establishing an integrated administration and control
system for certain Community aid schemes (4), as last
amended by Commission Regulation (EC) No 495/
2001 (5).

(1) OJ L 204, 11.8.2000, p. 1.
(2) OJ L 354, 30.12.1997, p. 23.
(3) See Annex II.
(4) OJ L 355, 5.12.1992, p. 1.
(5) OJ L 72, 14.3.2001, p. 6.

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 minimum requirements set out in Articles 2 to 5.

Article 2

inspections, which may be carried out

In each Member State the competent authority shall carry
1.
in
out on-the-spot
conjunction with any other
inspections provided for by
Community legislation. Those inspections shall each year cover
at least 10 % of holdings situated in the territory of each
Member State. That minimum rate of control shall be increased
immediately where it is established that Community legislation
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 of Regulation (EC) No 1760/2000 which
provides effective cross-checking facilities, a rate of 5 % may be
envisaged.

The selection of holdings to be inspected by the compe-

3.
tent authority shall be made on the basis of risk analysis.

The risk analysis for each holding shall take into account

4.
in particular the following:

(a) the number of animals on the holding, including details of
the animals present and animals identified on the

all
holding;

(b) public and animal health considerations, and in particular

the existence of previous outbreaks of disease;

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(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:

(i) the proper keeping of the holding register, as provided
for by Commission Regulation (EC) No 2629/97 (1);
(ii) the proper keeping of passports of the animals present
in the holding, as provided for by Regulation (EC) No
2629/97;

(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 the subject of a report standar-
dised at national level setting out the results of the controls and
any unsatisfactory findings, the reason for the control and the
persons present. The keeper or his representative shall be given
the opportunity to sign the report and, as appropriate, to give
his observations on its content.

6.
Copies of the reports referred to in paragraph 5 shall,
where they reveal infringements of Regulation (EC) No 1760/
2000, be sent without delay to the competent authorities
responsible for the implementation of Commission Regulation
(EC) No 2419/2001 (2).

Article 3

1.
The control shall cover all the animals on the holding for
which identification is provided for by Regulation (EC) No
1760/2000.

By way of derogation from paragraph 1, if for practical
2.
reasons it
is not possible to assemble the animals on the
holding within a period of 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 and as a general rule shall not exceed 48
hours.

Article 5

Each Member State shall make an annual report to the
1.
Commission, before 1 July each year, giving details of the
following:

(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 22 of

Regulation (EC) No 1760/2000.

2.
The information referred to in paragraph 1 shall be trans-
mitted to the Commission following the model structure
presented in Annex I.

Article 6

Regulation (EC) No 2630/97 is repealed.

References to the repealed Regulation shall be construed as
references to this Regulation and shall be read in accordance
with the correlation table set out in Annex III.

Article 7

This Regulation shall enter
into force on the 20th day
following that of its publication in the Official Journal of the
European Union.

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

Done at Brussels, 23 June 2003.

For the Commission

The President

Romano PRODI

(1) OJ L 354, 30.12.1997, p. 19.
(2) OJ L 327, 12.12.2001, p. 11.

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ANNEX I

Report on the results of controls made in the bovine sector regarding Community provisions for identification
and registration

1. Information linked to results in accordance with Article 5(1)(a), (b) and (c):

(a) total number of holdings registered in the Member State's territory as registered at the beginning of the

reporting/inspection period;

(b) total number of holdings inspected;

(c) total number of 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 undertook these inspections; and, if possible, a breakdown of that selection according to the
risk analysis criteria;

(e) total number of bovine livestock as registered at the beginning of the reporting/inspection period;

(f) total number of bovines which have been inspected;

(g) type of checks made, i.e. physical check, documentary check, check on delays in notification of movements.

2. Information linked to results in accordance with 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 in accordance with
Commission Regulation (EC) No 494/98 (1) presented according to the type of checks made and breaches found
in accordance with points 1(g) and 2(a).

(1) OJ L 60, 28.2.1998, p. 78.

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ANNEX II

Repealed Regulation with its successive amendments

— Commission Regulation (EC) No 2630/97 (OJ L 354, 30.12.1997, p. 23).

— Commission Regulation (EC) No 132/1999 (OJ L 17, 22.1.1999, p. 20).

— Commission Regulation (EC) No 1898/2000 (OJ L 228, 8.9.2000, p. 22).

ANNEX III

Correlation table

Regulation (EC) No 2630/97

This Regulation

Article 1

Article 2(1)

Article 2(2)

Article 2(3)

Article 2(4)(a)

Article 2(4)(b)

Article 2(4)(c)

Article 2(4)(d)

Article 2(4)(e), first indent

Article 2(4)(e), second indent

Article 2(4)(f)

Article 2(4)(g)

Article 2(5)

Article 2(6)

Article 3

Article 4

Article 5

—

Article 6

Annex

—

—

Article 1

Article 2(1)

Article 2(2)

Article 2(3)

Article 2(4)(a)

Article 2(4)(b)

Article 2(4)(c)

Article 2(4)(d)

Article 2(4)(e)(i)

Article 2(4)(e)(ii)

Article 2(4)(f)

Article 2(4)(g)

Article 2(5)

Article 2(6)

Article 3

Article 4

Article 5

Article 6

Article 7

Annex I

Annex II

Annex III.