CHAPTER X

Official controls and other official activities, administrative assistance, cooperation and enforcement by Member States

Rules on official controls
Article 43
1
Competent authorities shall perform official controls on operators with appropriate frequency, taking account of:
a
the risk of non-compliance with the rules provided for in this Regulation;
b
the past records of operators as regards the results of official controls performed in their respect and their compliance with the rules provided for in this Regulation;
c
the reliability and results of self-checks performed by the operators, or by third parties at their request, for the purpose of verifying compliance with the rules provided for in this Regulation;
d
any information that might indicate non-compliance with the rules provided for in this Regulation.
2
Competent authorities shall perform official controls in accordance with documented procedures, which shall contain instructions for staff performing official controls.
3
Official controls shall be performed after the operator has been notified in advance unless there are reasons to carry out the official controls without prior notice.
4
Official controls shall, as far as possible, be performed in a manner that minimises the burden on the operators without this negatively affecting the quality of those official controls.
5
Competent authorities must perform official controls in the same manner irrespective of whether the breeding animals or the germinal products of the breeding animals originate in the United Kingdom or are entering the United Kingdom from a third country.
Art. 43(5) substituted (31.12.2020) by The Animal Breeding (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/117), regs. 1, 11(5) (as amended by S.I. 2020/1388, regs. 1(2)(a), 28(10)); 2020 c. 1, Sch. 5 para. 1(1)