Administrative Assistance and Cooperation, enforcement measures

Administrative Assistance and Cooperation, enforcement measures

Regulation (EC) No 882/2004 provides for enforcement cooperation between national authorities.

The mechanisms for administrative assistance and cooperation aim to:
  • ensure that violations of EU agri-food chain legislation which have a cross-border dimension are effectively pursued not only in the Member State where the non-compliance is first detected but also in the Member State of dispatch, i.e. the State in which the source of the non-compliance is likely to reside;
  • guarantee that there be a rapid resolution of cross-border issues, that effective and proportionate actions be taken (e.g. punishment for all liable operators; increased inspections in the MS of dispatch rather than a ban in the MS of destination) and that equal treatment be assured for operators regardless of their origin.

Administrative assistance can comprise, inter alia, exchanges of information and documents, administrative enquiries and joint on-the -spot inspections. It is an important tool to maximize the efficiency of enforcement resources.

When administrative assistance can be activated

In the three following circumstances:

  • upon request from a Member State when it needs information to verify compliance with EU requirements;
  • when a competent authority becomes aware of a non-compliance which may have implications in another Member State (in such cases it is required to inform that Member State without delay);
  • where official controls in a Member State identify a serious non-compliance or a risk to health on a good coming from another Member State (in such cases the Member State of dispatch of the good should be informed without delay).

Once the administrative assistance mechanisms have been activated, the concerned Member States have to investigate the matter, cooperate and take any measures necessary in accordance with the provisions of Title IV of Regulation 882/2004.

The Commission may intervene:
  • to coordinate action by the Member States when it becomes aware of activities which are, or appear to be, contrary to food or feed law and when such activities have a particular EU relevance.
  • when Member States are unable to agree on measures to address the non-compliance.
In terms of actions, the Commission may, in collaboration with the said Member States:
  • send an inspection team to carry out on-the-spot controls, or
  • request that the Member State of dispatch intensify official controls and report on action taken.

Current provisions on administrative assistance lack certain "operational" details as to how the assistance mechanisms should be applied in practice. These shortcomings have resulted in the provisions not being used to their full potential by Member States. The new proposal for a Regulation on official controls aims to correct this by establishing clear and easy to use procedures along with the necessary tools for their implementation.

Enforcement measures

National enforcement measures

When national competent authorities identify a non-compliance during official controls, they must take action to ensure that the operator remedies the situation. When deciding upon which action to take, the relevant competent authority must consider the nature of non-compliance and the operator's past record with regard to non-compliance.

Examples of possible enforcement measures at national level are described in Article 54 of the Regulation (EC) No 882/2004, and include:

  • withdrawal from the market;
  • destruction of a product;
  • closure of a business;
  • suspension of establishment's activities;
  • penalties, which must be effective, proportionate and dissuasive.

According to Article 55 of the mentioned Regulation, Member States are also required to lay down rules on sanctions applicable to infringements of EU food and feed law. Such sanctions should be effective, proportionate and dissuasive.

EU enforcement measures

Article 56 of Regulation (EC) No 882/2004 on official controls allows the Commission to take measures when there is evidence that there is a serious failkure in a Member State's control system.

EU enforcement measures may include:

  • suspension of the placing on the market of certain feed or foodstuffs;
  • laying down of special conditions for certain feed or foodstuffs.

These measures are taken if Community controls have shown non-compliance with relevant legislation and the Member State concerned has failed to correct the situation upon request and within the time limit set by the Commission.

To date, the Commission has never made use of the measures provided in Article 56