The Cattle Identification (Wales) Regulations 2007

Explanatory Note

(This note is not part of the Regulations)

Earlier legislation

These Regulations revoke and remake insofar as they apply in relation to Wales the provisions of—

(a) the Bovine Animals (Records, Identification and Movement) Order 1995(1);

(b) the Cattle Identification Regulations 1998(2);

(c) the Cattle Database Regulations 1998(3);

(d) the Cattle (Identification of Older Animals) (Wales) Regulations 2000(4).

together with the amendments to those instruments.

Principal changes

The principal changes are as follows.

The Regulations now allow bison to be tagged up to 9 months after birth (paragraph 1(3) of Schedule 1).

They create an offence of transferring eartags between animals (paragraph 4(5) of Schedule 1).

They no longer permit the use of temporary calf passports.

They permit electronic registration of cattle (paragraph 2(3) of Schedule 2).

They change the £50 fee for replacement passports to a fee reflecting the cost of issue (paragraph 4 of Schedule 3).

They simplify the provisions on records (Schedule 5).

The Regulations

The Regulations enforce—

• Regulation (EC) No. 1760/2000 of the European Parliament and of the Council (establishing a system for the identification and registration of bovine animals and regarding the labelling of beef products and repealing Council Regulation (EC) No. 820/97(5));

• Commission Regulation (EC) No. 494/98 laying down detailed rules for the implementation of Council Regulation (EC) No. 820/97 as regards the application of minimum administrative sanctions in the framework of the system for the identification and registration of bovine animals(6);

• Commission Regulation (EC) No. 911/2004 (implementing Regulation (EC) No. 1760/2000 of the European Parliament and of the Council as regards ear tags, passports and holding registers(7));and

• Commission Regulation (EC) No. 644/2005 (authorising a special identification system for bovine animals kept for cultural and historical purposes on approved premises as provided for in Regulation (EC) No. 1760/2000 of the European Parliament and of the Council(8)).

They provide for notification of a holding to the National Assembly if cattle are kept there (regulation 3).

They make provision for eartags (regulation 4 and Schedule 1), registration of cattle (regulation 5 and Schedule 2), passports (regulation 6 and Schedule 3) and notification of movement and death (regulation 7 and Schedule 4).

They provide for records to be kept in the form specified in Schedule 5.

They provide for the enforcement of the Regulations (Part 4). They are enforced by the local authority (regulation 16).

Breach of the Regulations is an offence, punishable—

(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

A full regulatory appraisal of the effect that this instrument will have on the costs of business and the voluntary sector is available from the National Assembly for Wales, Cathays Park, Cardiff CF10 3NQ.

(1)

S. I. 1995/12.

(2)

S. I. 1998/871.

(3)

S. I. 1998/1796.

(4)

S. I. 2000/3339 (W.217).

(5)

OJ No. L204, 11.8.2000, p. 1.

(6)

OJ No. L60, 28.2.1998, p. 78.

(7)

OJ No. L 163, 30.4.2004, p. 63.

(8)

OJ No. L 107, 28.4.2005, p. 18.