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The Sheep and Goats (Records, Identification and Movement) (Wales) Order 2008

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PART 1Introduction

Title, application and commencement

1.  The title of this Order is the Sheep and Goats (Records, Identification and Movement) (Wales) Order 2008, it applies in relation to Wales and comes into force on 22 January 2008.

Interpretation

2.—(1) In this Order—

“animal” (“anifail”) means any animal of the ovine or caprine species;

“assembly centre” (“canolfan ymgynnull”) means any holding, collection centre or market at which sheep or goats originating from different holdings are grouped together to form consignments of animals intended for export or which is used in the course of export;

“column 1 of section 2 of the register” (“colofn 1 o adran 2 o'r gofrestr”) means the column headed “Date of replacement tag being applied” within the Replacement Tag Record (R tag only) in Schedule 2.

“column 2 of section 2 of the register” (“colofn 2 o adran 2 o'r gofrestr”) means the column headed “Replacement (R) tag number” within the Replacement Tag Record (R tag only) in Schedule 2;

“column 3 of section 2 of the register” (“colofn 3 o adran 2 o'r gofrestr”) means the column headed “Letters and Previous Flock or Herd Number (if known)” within the Replacement Tag Record (R tag only) in Schedule 2;

“Council Directive 92/102/EEC” (“Cyfarwyddeb y Cyngor 92/102/EEC”) means Council Directive 92/102/EEC on the identification and registration of animals(1);

“the Council Regulation” (“Rheoliad y Cyngor”) means 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(2);

CPH” (“CPH”) in the forms in Schedules 1 and 2, means the county parish holding number assigned to any premises of part of any premises by the Welsh Ministers;

“export” (“allforio”) means sending to another member State or a third country;

“flockmark” (“nod y ddiadell”) means the number allocated by the Welsh Ministers in respect of a flock of sheep on a holding;

“herdmark” (“nod yr eifre”) means the number allocated by the Welsh Ministers in respect of a herd of goats on a holding;

“holding” (“daliad”) has the meaning given in Article 2 of the Council Regulation;

“holding of origin” (“y daliad tarddu”) means the holding on which an animal was present immediately before moving to an assembly centre or, where an animal is consigned for export other than through an assembly centre, the holding on which an animal is present immediately prior to export;

“identification code” (“cod adnabod”) means the code set out on a means of identification as required under this Order;

“identification mark” (“marc adnabod”) means a method of identification applied in another member State, a means of identification or an older means of identification;

“identification tag” (“tag adnabod”) means an eartag approved by the Welsh Ministers in accordance with article 11 bearing the information set out in sub-paragraphs (a) to (c) of article 5(5);

“inspector” (“arolygydd”) means a person appointed to be an inspector for the purposes of this Order by the Welsh Ministers or a local authority;

“keeper” (“ceidwad”) has the meaning given in Article 2 of the Council Regulation

“local authority” (“awdurdod lleol”)means in relation to an area the county council or county borough council for that area;

“market operator” (“gweithredydd marchnad”) means a person responsible for managing the reception or the sale of animals in a market or a duly authorised representative of such a person;

“means of identification” (“modd adnabod”) means an identification tag or an identification tattoo;

“method of identification” (“dull adnabod”) means an eartag or tattoo applied in another member State or a third country;

“movement document” (“dogfen symud”) means the movement document required by Article 6 of the Council Regulation;

“older means of identification” (“modd hyn o adnabod”) means an eartag or tattoo applied under the previous Orders;

“the previous Orders” (“y Gorchmynion blaenorol”) means—

(a)

the Sheep and Goats (Records, Identification and Movement) (England) Order 2005(3);

(b)

the Sheep and Goats Identification and Movement (Interim Measures) (England) (No.2) Order 2002(4);

(c)

the Sheep and Goats Identification and Movement (Interim Measures) (England) Order 2002(5);

(d)

the Sheep and Goats Identification (England) Order 2000(6);

(e)

the Sheep and Goats (Records, Identification and Movement) (Wales) Order 2006(7);

(f)

the Sheep and Goats Identification and Movement (Interim Measures) (Wales) (No.2) Order 2002(8);

(g)

the Sheep and Goats Identification and Movement (Interim Measures) (Wales) Order 2002(9);

(h)

the Sheep and Goats Identification and Movement (Interim Measures) (Wales) Regulations 2002(10);

(i)

the Sheep and Goats (Records, Identification and Movement) Order (Northern Ireland) 2005(11);

(j)

Identification and Movement of Sheep and Goats Order (Northern Ireland) 2004(12));

(k)

Identification and Movement of Sheep and Goats Order (Northern Ireland) 1997(13));

(l)

the Sheep and Goats (Identification and Traceability) (Scotland) Regulations 2006(14));

(m)

the Sheep and Goats Movement (Interim Measures) (Scotland) Order 2002(15)); or

(n)

the Sheep and Goats Identification (Scotland) Regulations 2000(16));

“register” (“cofrestr”) means the register required by Article 5 of the Council Regulation and in the form set out in Schedule 1;

“replacement means of identification” (“modd adnabod o'r newydd”) means a replacement tag or replacement tattoo;

“replacement tag” (“tag cyfnewid”) means a red eartag approved by the Welsh Ministers in accordance with article 11 with a code comprising the following information, printed in the following order—

(a)

the letters “UK”;

(b)

the flockmark or herdmark of the flock or herd the animal is in when the identification tag is applied;

(c)

a unique number; and

(d)

the letter “R”;

“replacement tattoo” (“tatw cyfnewid”) means a tattoo comprising the following information, printed in the following order—

(a)

the letters “UK”;

(b)

the flockmark or herdmark of the flock or herd the animal is in when the tattoo is applied;

(c)

a unique number; and

(d)

the letter “R”;

“slaughterhouse operator” (“gweithredydd lladd-dy”) means a person carrying on the business of a slaughterhouse or the duly authorised representative of such a person;

“unique number” (“Rhif unigryw”) means a number that is unique to an animal in a flock or herd and contains no more than 6 digits.

(2) Expressions not defined in paragraph (1) which are used in this Order and which are also used in the Council Regulation have the same meaning in this Order as they have in that Regulation.

Competent authority

3.  The Welsh Ministers are the competent authority for the purposes of the Council Regulation.

Authorisations

4.  Any authorisations or approvals issued under this Order or the Council Regulation must be in writing, may be made subject to conditions and may be amended, suspended or revoked by notice at any time.

(1)

OJ No L 355, 5.12.92, p.32.

(2)

OJ No. L 5, 9.1.04, p. 8 to which there are amendments not relevant to this Order.

(3)

S.I. 2005/3100, amended by S.I 2006/2987.

(4)

S.I. 2002/2153, amended by S.I. 2003/29, S.I 2003/502 and S.I. 2003/1728.

(5)

S.I. 2002/240, amended by S.I. 2002/764 and S.I. 2002/1349.

(6)

S.I. 2000/2027, amended by S.I. 2001/281.

(8)

S.I. 2002/2302 (W. 227), amended by S.I. 2003/167 (W.27), S.I. 2003/946 (W. 127) and S.I. 2003/1966 (W.211).

(10)

S.I. 2002/274 (W.30), amended by S.I. 2002/811 (W.91).

(14)

S.S.I 2006/73 amended by S.S.I 2006/594.

(15)

S.S.I 2002/38, amended by S.S.I 2002/221.

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