Article 12
1
Member States shall take all the necessary measures to ensure compliance with the provisions of this Regulation. The checks provided for shall be without prejudice to any checks which the Commission may carry out pursuant to Article 9 of Regulation (EC, Euratom) No 2988/95.
2
Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.
3
Experts from the Commission in conjunction with the competent authorities:
a
shall verify that the Member States are complying with the requirements of this Regulation;
b
if necessary, shall make on-the-spot checks in order to ensure that the checks provided for under paragraph 1 are carried out in accordance with this Regulation.
4
A Member State in whose territory an on-the-spot check is made shall provide the experts from the Commission with any assistance they may require in the performance of their tasks.
The outcome of the checks made must be discussed with the competent authority of the Member State concerned before a final report is drawn up and circulated.
5
When the Commission deems that the outcome of checks so justifies, it shall review the situation within the Standing Committee on the Food Chain and Animal Health, referred to in Article 13(1). It may adopt the necessary decisions in accordance with the procedure referred to in Article 13(2).
6
The Commission shall monitor developments in the situation. In the light of such developments and in accordance with the procedure referred to in Article 13(2) it may amend or repeal the decisions referred to in paragraph 5.
7
Detailed rules for the application of this Article shall be adopted, where necessary, in accordance with the procedure referred to in Article 13(2).