1.Measures shall be taken under the procedures provided for in Article 53 of Regulation (EC) No 178/2002 if:
(a)
the Commission has evidence of a serious failure in a Member State's control systems;
and
(b)
such failure may constitute a possible and widespread risk for human health, animal health or animal welfare, either directly or through the environment.
2.Such measures shall be adopted only after:
(a)
Community controls have shown and reported non-compliance with Community legislation;
and
(b)
the Member State concerned has failed to correct the situation upon request and within the time limit set by the Commission.