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(This note is not part of the Order)
This Order makes provision for the administration and enforcement in England of Council Regulation (EC) No. 21/2004 (establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No. 1782/2003 and Directives 92/102/EEC and 64/432/EEC).
Part 2 of the Order deals with the identification of animals. It requires the application of two means of identification to an animal born or imported after 9th July 2005 and involved in intra-Community trade (articles 6, 8 and 10). It provides for animals that are not involved in intra-Community trade to be marked with an eartag at the holding of birth or import (articles 6 and 10) and for the national system of identification and tracing to operate when an animal is moved within the United Kingdom (article 7).
The national system is approved by the Commission in accordance with Article 4(2)(d) of the Council Regulation (Commission Decision of 17/8/2005 temporarily recognising the systems for identification and registration of ovine and caprine animals in Great Britain and Northern Ireland, the United Kingdom, according to Article 4(2)(d) of Council Regulation (EC) No. 21/2004(1)) and is set out in Schedule 1. Schedule 1 also applies to animals born on or before 9th July 2005 (article 7).
Schedule 1, Part 1 requires flock or herd details to be entered in the register and movement document when an animal is moved from its holding of birth or import. It also provides for a movement tag to be attached to an animal before it is moved from a holding and for the movement tag code to be entered in the register and movement document. Paragraph 3 provides, alternatively, that the animal’s individual identification code is to be entered in the register and movement document.
Schedule 1, Part 2 sets out the specific requirements that apply instead of the requirements of Part 1, for certain movements of animals. Paragraph 5 provides for an animal born on or before 9th July 2005 to be individually identified before it is moved, if it has not already been individually identified under previous legislation. Part 2 also covers the movement of animals to and from shows and exhibitions (paragraph 7), from markets (paragraph 8), to and from common land and for dipping or shearing (paragraph 9), to and from temporary grazing (paragraphs 10 and 11), to and from veterinary clinics (paragraph 12). It also covers movements of rams and goats intended for breeding (paragraphs 13, 14 and 15), and movements of animals to another member State (paragraphs 16 and 17).
Articles 12 and 13 set out the provisions that apply when an animal loses a means of identification applied in accordance with the Council Regulation.
Part 3 makes provision for the enforcement of Article 5 of the Council Regulation (the requirement for every keeper to keep an up-to-date register) and sets out the information that must be entered in the register (article 14), including the additional information that must be entered when an animal moves through a market or to a slaughterhouse (articles 15 and 16).
Part 4 makes provision for the enforcement of Article 6 of the Council Regulation (the requirement for a movement document to accompany an animal whenever it moves between holdings) and sets out the information that must be entered in the movement document (article 17), including the additional information that must be entered by market operators (article 18). Article 19 provides that a copy of the movement document must be sent to the local authority.
Part 5 provides for the enforcement of Article 8 of the Council Regulation (the requirement for a keeper to supply details to the Secretary of State about his holding) (articles 20 and 21).
Part 6 deals with eartags. Article 22 provides that the Secretary of State will approve eartags. Articles 23 to 25 prohibit the removal of eartags or tattoos and also provide for the replacement of eartags and tattoos that are removed, lost or illegible. Article 26 prohibits the alteration, obliteration or defacing of an eartag, tattoo or electronic device. Article 27 prohibits the use of red eartags, other than R tags, and article 28 prohibits the use of a flockmark or herdmark, other than for the purposes of complying with this Order or the Council Regulation. Article 29 prohibits the consignment of an animal for intra-Community trade or export if it bears a replacement eartag or tattoo with the letter “R”. Article 30 provides defences to failing to apply an eartag to an animal and for moving an animal from a holding without applying the required eartag.
Part 7 provides for the allocation of lot numbers to animals at a market and prohibits the buying or selling of animals unless all animals in the lot are bought or sold.
Part 8 creates offences for receiving animals into England from another member State or another part of the United Kingdom if they are not properly identified and accompanied by a movement document.
The Order is enforced by the local authority (article 35).
Breach of the Order is an offence under section 73 of the Animal Health Act 1981, punishable in accordance with section 75 of that Act.
A Regulatory Impact Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from Terry Gurnhill, Department for Environment, Food and Rural Affairs, 1a Page Street, London SW1P 4PQ.
OJ No. L 214, 19.8.2005 p. 63.
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