Commission Decision of 24 July 2008 on guidelines to assist Member States in preparing the annual report on the single integrated multiannual national control plan provided for in Regulation (EC) No 882/2004 of the European Parliament and of the Council (notified under document number C(2008) 3756) (Text with EEA relevance) (2008/654/EC)

9.4. Actions to ensure effectiveness

This should be an account of the actions taken to ensure effective operation of the national control plan. The annual report should address actions taken in the following areas. This information may be presented on the basis of sectors or production stages.

(a)

Actions taken to ensure compliance by food and feed business operators and other relevant producers and business operators as provided for in Article 31(2)(e), Article 54(2) and Article 55 of Regulation (EC) No 882/2004.

(b)

Actions taken to ensure the effective operation of official control services as provided for in Article 4(2) and Article 8(3) of Regulation (EC) No 882/2004, including actions taken in response to audits carried out in accordance with Article 4(6) of Regulation (EC) No 882/2004, and audits or inspections carried out in accordance with Article 5(3) of that Regulation, where appropriate. In the case of actions taken in response to audit conclusions this may include corrective and preventive actions, or improvement actions based on the identification of best practice.

9.4.1. Actions to ensure compliance by food and feed business operators and other relevant producers and business operators

The annual report should include an overview of actions taken. These may include:

(a)

restrictions or prohibitions on the placing on the market, import, export or use of feed, food or animals;

(b)

withdrawal or suspension of approval or registration to operate a feed or food business;

(c)

administrative fines and other administrative sanctions;

(d)

prosecution of food and feed business operators and other relevant producers and business operators for non-compliance (criminal sanctions).

9.4.2. Actions taken to ensure the effective operation of official control services

Substantial actions taken to ensure effective operation of official control services may require amendment of the national control plan and should in such case be included in Section 9.6. However, some significant actions might not require an amendment of the national control plan and should in such cases be included in this point in the annual report, in order to indicate positive actions taken by the Member State. This information may be presented on the basis of sectors or production stages and should cover actions not included as amendments to the national control plan, such as:

(a)

new, updated or revised control procedures;

(b)

training initiatives;

(c)

provision of additional resources;

(d)

reallocation of existing resources following review of priorities;

(e)

special control initiatives;

(f)

changes to the organisation or management of competent authorities;

(g)

provision of guidance or information to feed and food business operators;

(h)

new legislation;

(i)

suspension or withdrawal of delegation in the case of control bodies.