OpenLegislation

Division 3.9.2 GUIDANCE/DEFINITION OF REQUIREMENT

United Kingdom

Original text. Later amendments are not shown.

That requirement does not apply to official controls regarding plant health. National control plans should describe the methods employed to ensure that organisations designated as competent authorities are effectively implementing the requirements of Article 4(2) of Regulation (EC) No 882/2004.

In particular, the national control plans should describe the arrangements in place to ensure the following, in respect of all competent authorities:

  1. (a)

    that effective and appropriate official controls are applied at all stages of production, processing and distribution of animals, food, feed and plants and the use of feed, as required by Article 4(2)(a) of Regulation (EC) No 882/2004;

  2. (b)

    that measures are in place to ensure that staff carrying out official controls are free from any conflict of interest which could impair their objectivity and independence or compromise their professional judgement and to deal with any potential conflict of interest which may arise, as required by Article 4(2)(b) of Regulation (EC) No 882/2004;

  3. (c)

    that measures are in place to ensure that, where external or contract staff are performing official controls, they have the same degree of independence and accountability as permanent staff in the performance of their official control duties;

  4. (d)

    that all competent authorities have, or have access to, adequate laboratory capacity for testing and a sufficient number of suitably qualified and experienced staff so that official controls and control duties can be carried out efficiently and effectively, as required by Article 4(2)(c) of Regulation (EC) No 882/2004;

  5. (e)

    that all competent authorities have appropriate and properly maintained facilities and equipment to ensure that staff can perform official controls efficiently and effectively, as required by Article 4(2)(d) of Regulation (EC) No 882/2004;

  6. (f)

    that there are adequate legal powers to carry out official controls, as required by Article 4(2)(e) and taking account of the requirements of Article 8(2) and Articles 54 and 55 of Regulation (EC) No 882/2004, including the power to enter onto premises, to inspect animals, plants, products, records or other documents including computing systems, to take samples, and to take appropriate actions in the case of suspicion or detection of non-compliances including the imposition of effective, proportionate and dissuasive sanctions;

  7. (g)

    that there are contingency plans in place, and competent authorities are prepared to operate such plans in the event of an emergency, as required by Article 4(2)(f) of Regulation (EC) No 882/2004;

  8. (h)

    that feed and food business operators are obliged to undergo any inspection carried out in accordance with Regulation (EC) No 882/2004 and to assist staff of the competent authority in the accomplishment of their tasks, as required by Article 4(2)(g) of Regulation (EC) No 882/2004.