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Commission’s expectations to MS’ structures of enforcement. Enforcement of European Animal Welfare related legislation Brussels, 12-13 June 2012 Francesca Volpi DG SANCO.E5- Enforcement. What COM expects from MS?. The responsibility to enforce EU AW legislation lies with MS

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commission s expectations to ms structures of enforcement

Commission’s expectationsto MS’ structures of enforcement

Enforcement of European Animal Welfare related legislation

Brussels, 12-13 June 2012

Francesca Volpi

DG SANCO.E5- Enforcement

what com expects from ms
What COM expects from MS?
  • The responsibility to enforce EU AW legislation lies with MS
  • MS shall monitor and verify that operator’s activities, animals and their goods placed on the market are compliant with EU AW standards
  • MS are required to set up a system of official controls to deliver on that obligation
regulation 882 2004 a toolkit for ms
Regulation 882/2004: a toolkit for MS
  • A comprehensive set of rules to govern MS’ control activities
  • The Regulation:
    • affords the competent authorities (CAs) the powers necessary to control compliance with EU rules and to enforce them, and to supervise and monitor situations where risks for, inter alia, animal welfare may arise
    • provides a common set of rules and procedures for the organisation of official controls
enforcement of eu aw rules
Enforcement of EU AW rules
  • AW enforcement is challenging because of the specificity of the relevant rules which do not always affect the product – very often non-compliances cannot be detected by controlling products of animal origin (eggs, pig meat etc.)
  • Proper enforcement of EU AW rules depends on the MS’ capacity to use, efficiently and at their full potential, the instruments offered by Reg 882/2004
main instruments
Main instruments
  • Multi-annual national control plan (MANCP)
  • Enforcement actions
  • Administrative assistance and cooperation (AAC)
mancp article 41
MANCP (Article 41)
  • The plan is owned and managed by MS
  • Frequency of controls established on the basis of the risk taking into account:
    • identified risks associated to animals, business activities, or any process, activity, operation that might influence animal welfare
    • operator’s past compliance record
    • the reliability of any own check
    • any information that might indicate non-compliance
enforcement actions article 54
Enforcement actions (Article 54)
  • The Regulation provides MS with powers and authority to take action in case of non-compliance with a view of eliminating such non-compliance
  • Actions taken in respect of operators subject to MS’ enforcement powers
  • Actions and measures must be appropriate and proportionate
enforcement actions article 541
Enforcement actions (Article 54)
  • Restriction or prohibition of the placing on the market, import or export of animals and their products
  • The suspension of operation or closure of all or part of the business concerned for an appropriate period of time
  • Any other measure the CAs deem appropriate (open list)
when aac is needed
When AAC is needed?
  • When MS CAs have reasons to believe that serious non compliances are ongoing in another MS which require action from them or from the authorities in that MS in order to ensure full enforcement of EU AW rules
  • Control efforts should focus on apprehending the source of the non-compliance and on asking the CAs of the MS of origin to taken action to terminate it
why aac is important
Why AAC is important?
  • To help MS to respond to cross border non-compliances with effective and proportionate actions
  • To ensure that serious cross border non-compliances detected in a given MS are also pursued in the MS in which the violation originated
  • To tackle the source of non-compliance and guarantee equal treatment for operators regardless of their origin
how aac works general principles
How AAC works? General principles
  • If action is needed in more than 1 MS to respond to a serious non compliance, MS are required to provide each other with administrative assistance
  • In addition, administrative assistance can be activated upon request when a MS needs information to verify compliance with EU requirements
  • AAC can comprise e.g.:
    • Exchange of information and documents
    • Administrative enquiries
    • Joint on the spot inspections
how aac works com s role
How AAC works? COM’s role
  • COM shall:
    • aid MS to adopt measures if they are unable to agree
    • shall coordinate MS action MS when issues have particular EU relevance
  • In cases of repeated non-compliance or risks to humans, plants or animals, COM may:
    • In collaboration with MS, send an inspection team to carry out on the spot controls
    • Request a MS to intensify controls and report on action taken
how aac works liaison bodies
How AAC works? Liaison bodies
  • Reg. 882/2004 requires MS to designate one or more liaison bodies
  • Liaison bodies should assist and coordinate communication between CAs
  • However, liaison bodies do not preclude direct contacts, exchange of information or cooperation between the staff of competent authorities in different Member States