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1. Member States shall take all the necessary measures to ensure compliance with the provisions of this Regulation. The controls provided for shall be without prejudice to any controls which the Commission may carry out pursuant to Article 9 of Regulation (EC, Euratom) No 2988/95. Any penalties imposed by the Member State on an operator or organisation marketing beef shall be effective, dissuasive and proportionate.

2. Notwithstanding paragraph 1, where operators and organisations marketing beef have labelled beef without complying with their obligations laid down in Title II, Member States shall, as appropriate, and in accordance with the principle of proportionality, require the removal of the beef from the market. In addition to the penalties referred to in paragraph 1, Member States may:

(a) if the meat concerned conforms with relevant veterinary and hygiene rules, authorise that such beef:

(i) be placed on the market after being properly labelled in accordance with Union requirements; or (ii) be sent directly for processing into products other than those indicated in point 1 of Article 12;

(b) order the suspension or withdrawal of the approval of the operators and organisations concerned.

3. Experts from the Commission, in conjunction with the competent authorities, shall:

(a) verify that Member States comply with the requirements of this Regulation;

(b) make on–the–spot checks to ensure that the checks are carried out in accordance with this Regulation.

4. A Member State in whose territory an on–the–spot check is carried out 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 shall be discussed with the competent authority of the Member State concerned before a final report is drawn up and circulated. That report shall, where appropriate, contain recommendations for Member States on the improvement of compliance with this Regulation.