7.—(1) Subject to the following provisions of this regulation, the keeper of any sheep or goat born in Scotland on or after the date of coming into force of these Regulations, or which is still on its holding of birth on that date, shall mark it as soon as possible, and in any case before it is moved from the holding of birth with an eartag or tattoo consisting of—
(a)in the case of an eartag, the letters “UK” followed by the flockmark or herdmark of the holding of birth; or
(b)in the case of a tattoo, the flockmark or herdmark of the holding of birth.
(2) In the case of the movement off a holding of a sheep or goat, which has not been marked in accordance with this regulation, it shall be a defence in any proceedings under this regulation for the person moving the sheep or goat to prove—
(a)that it was moved from the holding of birth to be tattooed or to receive veterinary treatment; and
(b)that it was returned to the holding of birth immediately after being tattooed or so treated.
(3) Paragraph (1) above shall not apply in relation to sheep or goats which were marked with an eartag or tattoo indicating the flockmark or herdmark of the holding of its birth or breed society mark before the coming into force of these Regulations and which are still on the holding of birth at that date.
(4) Notwithstanding the provisions of paragraph (1) above, for a period of one year after the coming into force of these Regulations (except in the case of regulation 11 below)—
(a)a keeper may mark a sheep or goat with a tag which bears the flockmark or herdmark of the holding of its birth without the prefix “UK”; or
(b)a keeper may mark a sheep or goat with a breed society mark.
(5) The Scottish Ministers shall maintain a register of marks issued by breed societies and shall enter in such register any mark which a breed society applies to them to be registered under this paragraph.
8.—(1) If a sheep or goat is brought into Scotland from outside the European Union, it shall be marked by the keeper at the holding of the place of destination, within 30 days of arrival on that holding and in any event before it is moved from that holding, with an eartag or tattoo consisting of—
(a)in the case of an eartag, the letters “UK” followed by the flockmark or herdmark of the holding of the place of destination and the letter “F”; or
(b)in the case of a tattoo, the flockmark or herdmark of the holding of the place of destination and the letter “F”.
(2) Paragraph (1) above shall not apply if the place of destination of the sheep or goat is an abattoir, and it is slaughtered there within 5 days without having been moved from the abattoir.
9. No person shall bring a sheep or goat into Scotland from another Member State unless it complies with Council Directive 92/102/EEC on the identification and registration of animals(1).
10. No person shall bring a sheep or goat into Scotland from another part of the British Islands unless it complies with the legislation in force in that part.
11.—(1) Any person consigning a sheep or goat from Scotland to a destination outside Great Britain shall (or, in the case of an animal already marked with a unique individual identification number may) ensure that the sheep or goat is marked at the time of consignment with an eartag or tattoo consisting of the letters “UK”, the flockmark or herdmark of the consigning premises, the letter “X”, and an identification number which is applied by the consignor and which is unique to the animal to which it is applied.
(2) Where regulation 7 above requires a sheep or goat to be marked with an eartag or tattoo the eartag or tattoo in paragraph (1) above shall be applied in addition to the eartag or tattoo required by regulation 7 above.
(3) No person shall consign a sheep or goat from Scotland to a destination outside Great Britain if it is marked in accordance with regulation 15(4) below with an eartag or tattoo ending with the letter “R” showing that it is a replacement eartag or tattoo.
12.—(1) Any person moving a sheep or goat with a unique individual identification number or breed society mark or a flockmark or herdmark, from a holding in Scotland to a destination within Great Britain may apply a temporary mark to it.
(2) In the case of a sheep or goat not covered by paragraph (1) above, the requirement to mark it with a temporary mark shall be obligatory.
(3) The temporary mark under paragraphs (1) and (2) above shall be sufficiently distinctive for the sheep or goat to be identified for the purposes of the transport document required under regulation 13 below, shall last at least until the sheep or goat reaches its destination and shall be recorded in the movement records made under regulations 4 and 6 above and the transport document required under regulation 13 below.
(4) The temporary mark under paragraph (2) above shall not be required in the case of a sheep or goat—
(a)moved for the purposes of veterinary treatment;
(b)moved for the purposes of dipping or shearing;
(c)moved to a show if it is due to return to the same holding;
(d)being moved to an adjacent holding without change of ownership;
(e)in the process of being brought into Scotland from outside the European Union while it is being taken to the holding of destination.
13.—(1) Any person moving a sheep or goat from a holding in Scotland to a destination in Great Britain shall ensure that it is accompanied by a document which is signed by the owner of the sheep or goat, or his agent, and specifies—
(a)the origin and place of departure and destination;
(b)the date of movement and the total number of sheep and goats being moved;
(c)the temporary mark applied to each sheep or goat where it is required or applied under regulation 12 (1) or (2) above;
(d)where there is no temporary mark, the flockmark, herdmark, unique individual identification number or breed society mark; and
(e)if the movement is from a market, the lot number of the sheep or goat.
(2) The keeper of the sheep or goat shall ensure that the document required under paragraph (1) above is handed on its arrival to the occupier of the holding of destination.
(3) Paragraphs (1) and (2) above shall not apply in the case of—
(a)movement between holdings where both holdings are occupied by the same person;
(b)movement between a holding and any land in respect of which a right of grazing in common with other proprietors is exercisable; or
(c)movement for the purposes of veterinary treatment, dipping or shearing, or to a show if the sheep or goat is due to return to the same holding.
O.J. No. L 355, 5.12.92, p. 32.