Commission Implementing Regulation (EU) 2015/262Dangos y teitl llawn

CHAPTER I U.K. SUBJECT MATTER, SCOPE, DEFINITIONS, GENERAL PRINCIPLES

Article 1 U.K. Subject matter and scope

1. This Regulation lays down rules on the identification of equidae:

(a) born in [F1 Great Britain]; or

(b) released for free circulation in [F2 Great Britain.].

2. This Regulation shall apply without prejudice to Decision 96/78/EC.

Textual Amendments

F1 Words in Art. 1(1)(a) substituted (31.12.2020) by S.I. 2019/591, reg. 3(a) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 27(2))

F2 Words in Art. 1(1)(b) substituted (31.12.2020) by S.I. 2019/591, reg. 3(b) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 27(2))

Article 2 U.K. Definitions

For the purposes of this Regulation, the following definitions shall apply:

(a)

‘equidae’ or ‘equine animal(s)’ means wild or domesticated soliped mammals of all species within the genus Equus of the family Equidae, and their crosses;

(b)

‘holding’ means an agricultural or training establishment, a stable or any premises or facilities in which equidae are habitually kept or bred, for whatever use, and nature reserves in which equidae live in freedom;

(c)

‘keeper’ means any natural or legal person having possession of, or being charged with, the keeping of equidae, whether or not for financial reward, and whether on a temporary or permanent basis, including during transportation, at markets, or during competitions, races or cultural events;

(d)

‘owner’ means the natural or legal person(s) having the ownership of the equine animal;

(e)

‘registered equidae’ means any equidae which are:

(i)

[F3 entered or registered and eligible for entry in a studbook, in accordance with the rules laid down by Articles 4(3), 19(4), 30(9) and (10), 32, 33 and 34(1)(c) of, and Annex 1, Part 1 of Annex 2 and Annex 5 to—

• — in relation to the United Kingdom, Regulation 2016/1012 of the European Parliament and of the Council”,

• — in relation to member States, Regulation (EU) 2016/1012 of the European Parliament and of the Council as it has effect in EU law, as amended from time to time,

and identified by means of an identification document issued by a competent authority, or]

(ii)

horses, including ponies, registered with an international association or organisation, which manages horses for competition or racing and identified by means of an identification document issued by the national branch of that association or organisation;

(f)

‘studbook’ means any book, register, file or data medium:

(i)

which is maintained either by an organisation or an association officially approved or recognised [F4 by the appropriate authority, by the zootechnical authority in Northern Ireland or] by a Member State or maintained by an official agency of [F5 the United Kingdom or of] the Member State concerned; and

(ii)

in which equidae are entered or registered and eligible for entry with a mention of all their known ascendants;

(g)

‘equidae for breeding and production’ means equidae other than those referred to in points (e) and (h);

(h)

‘equidae for slaughter’ means equidae intended to be transported [F6 to the slaughterhouse for slaughter, either directly or through an approved marshalling centre, referred to in—

(i)

Article 2(b) of Council Regulation 1/2005/EC, or

(ii)

in relation to intended slaughter in a member State or in Northern Ireland, Council Regulation 1/2005/EC, as that Regulation has effect in EU law, as amended from time to time;]

(i)

[F7 ‘competent authority’ means—

(i)

in Great Britain, the appropriate authority or any other authority to which the competence of that authority has been conferred, including an official veterinarian;

(ii)

in a member State, the central authority of the member State competent for the organisation of official controls or any other authority to which that competence has been conferred, including the competent authority referred to in point (h) of Article 2 of Directive 2009/156/EC, as amended from time to time (‘the EU Directive’);

(iii)

in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs or any other authority to which the competence of that authority has been conferred, including the competent authority referred to in point (h) of the EU Directive;]

(j)

[F8 ‘zootechnical authority’ means—

(i)

in Great Britain, the appropriate authority or any other authority to which the competence of that authority has been conferred, including any organisation or association which maintains or establishes a stud-book;

(ii)

in a member State, the central authority competent for the implementation of Council Directive 90/427/EEC, as amended from time to time, or any authority to which that competence has been conferred, including the authorities referred to in Article 2(1) of Commission Decision 92/353/EEC, as that Decision has effect in EU law, as amended from time to time;

(iii)

in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs or any other authority to which the competence of that authority has been conferred, including any organisation or association which maintains or establishes a stud-book;]

(k)

[F9 ‘temporary admission’ means the status of a registered horse coming from a third country and admitted into Great Britain for a period of days pursuant to—

(i)

Article 3(1)(a) of Regulation 2018/659 on the conditions for the entry into the Union of live equidae and of semen, ova and embryos of equidae;

(ii)

a Decision adopted in accordance with Article 19(b) of the EU Directive;]

(l)

F10 ...

(m)

‘mark’ means any visible or viewable and distinguishing characteristic of an individual equine animal, which is either inherent or acquired, and recorded for identification purposes;

(n)

‘transponder’ means a read-only passive radio-frequency identification device:

(i)

complying with standard ISO 11784 and applying Full Duplex (FDX or FDX-B) or Half Duplex (HDX) technology; and

(ii)

capable of being read by a reading device compatible with standard ISO 11785, at a minimum distance of 12 cm;

(o)

‘unique life number’ means a unique 15-digit alpha-numeric code compiling information on the individual equine animal and the database and country where such information is first recorded in accordance with the coding system of the Universal Equine Life Number (UELN) and comprising:

(i)

a six-digit UELN-compatible identification code for the database referred to in Article 39; followed by

(ii)

a nine-digit individual identification number assigned to the equine animal;

(p)

F11 ...

(q)

‘compulsorily notifiable diseases’ means the diseases listed in Annex I to Directive 2009/156/EC;

(r)

‘official veterinarian’ means the veterinarian designated by [F12 a competent authority of the United Kingdom,] the competent authority of a Member State or of a third country;

(s)

‘smart card’ means a plastic device with an embedded computer chip capable of storing data and transmitting them electronically to compatible computer systems;

(t)

‘veterinarian responsible’ means the [F13 veterinary surgeon referred to in Schedule 4 to the Veterinary Medicines Regulations 2013 or, in Northern Ireland or a member State, the] veterinarian referred to in Article 10(1) of Directive 2001/82/EC [F14 as that Directive has effect in EU law, as amended from time to time].

(u)

[F15 ‘third country’ means a country other than the British Islands or a member State;

(v)

‘constituent territory of the United Kingdom free of African horse sickness’ means a constituent territory of the United Kingdom in which—

(i)

there has been no clinical, serological (in unvaccinated equidae) or epidemiological evidence of African horse sickness on the territory concerned in the previous 2 years, and

(ii)

there have been no vaccinations against that disease during the previous 12 months;

(w)

‘constituent territory of the United Kingdom’ means England, Wales, Scotland, or Northern Ireland;

(wa)

‘constituent territory of Great Britain’ means England, Wales or Scotland;

(x)

‘appropriate authority’ means—

(i)

in relation to England, the Secretary of State;

(ii)

in relation to Scotland, the Scottish Ministers;

(iii)

in relation to Wales, the Welsh Ministers;

(y)

‘the EU Regulation’ means Commission Implementing Regulation (EU) 2015/262, as that Regulation has effect in EU law, as amended from time to time.]

Textual Amendments

F3 Art. 2(e)(i) substituted (31.12.2020) by The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/591), regs. 1, 4(a); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 2(f)(i) inserted (31.12.2020) by The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/591), regs. 1, 4(b)(i) (as amended by S.I. 2020/1388, regs. 1(2)(a), 27(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 2(f)(i) inserted (31.12.2020) by The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/591), regs. 1, 4(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 2(h) substituted (31.12.2020) by The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/591), regs. 1, 4(c) (as amended by S.I. 2020/1388, regs. 1(2)(a), 27(3)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F7 Art. 2(i) substituted (31.12.2020) by The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/591), regs. 1, 4(d) (as amended by S.I. 2020/1388, regs. 1(2)(a), 27(3)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F8 Art. 2(j) substituted (31.12.2020) by The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/591), regs. 1, 4(e) (as amended by S.I. 2020/1388, regs. 1(2)(a), 27(3)(d)); 2020 c. 1, Sch. 5 para. 1(1)

F9 Art. 2(k) substituted (31.12.2020) by The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/591), regs. 1, 4(f) (as amended by S.I. 2020/1388, regs. 1(2)(a), 27(3)(e)); 2020 c. 1, Sch. 5 para. 1(1)

F10 Art. 2(l) omitted (31.12.2020) by virtue of The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/591), regs. 1, 4(g) (as substituted by S.I. 2020/1388, regs. 1(2)(a), 27(3)(f)); 2020 c. 1, Sch. 5 para. 1(1)

F11 Art. 2(p) omitted (31.12.2020) by virtue of The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/591), regs. 1, 4(ga) (as inserted by S.I. 2020/1388, regs. 1(2)(a), 27(3)(g)); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Art. 2(r) inserted (31.12.2020) by The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/591), regs. 1, 4(h); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 2(t) inserted (31.12.2020) by The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/591), regs. 1, 4(i)(i) (as substituted by S.I. 2020/1388, regs. 1(2)(a), 27(3)(h)); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Art. 2(t) inserted (31.12.2020) by The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/591), regs. 1, 4(i)(ii) (as substituted by S.I. 2020/1388, regs. 1(2)(a), 27(3)(h)); 2020 c. 1, Sch. 5 para. 1(1)

F15 Art. 2(u)-(y) inserted (31.12.2020) by The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/591), regs. 1, 4(j) (as amended by S.I. 2020/1388, regs. 1(2)(a), 27(3)(i)); 2020 c. 1, Sch. 5 para. 1(1)

Article 3 U.K. General principles and obligation to identify equidae

1. Equidae living in [F16 Great Britain] shall be identified in accordance with this Regulation.

2. Where the keeper is not the owner or one of the owners of the equine animal, it shall act in accordance with this Regulation on behalf of and in agreement with the owner.

F17 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. [F18 The appropriate authority] shall ensure, where appropriate through official controls in accordance with Regulation [F19 (EU) 2017/625], that keepers of equine animals and issuing bodies fulfil their obligations under this Regulation.

Textual Amendments

F16 Words in Art. 3(1) substituted (31.12.2020) by The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/591), regs. 1, 5(a) (as amended by S.I. 2020/1388, regs. 1(2)(a), 27(4)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F17 Art. 3(3) omitted (31.12.2020) by virtue of The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/591), regs. 1, 5(b); 2020 c. 1, Sch. 5 para. 1(1)

F18 Words in Art. 3(4) substituted (31.12.2020) by The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/591), regs. 1, 5(c)(i) (as substituted by S.I. 2020/1388, regs. 1(2)(a), 27(4)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F19 Words in Art. 3(4) substituted (31.12.2020) by The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/591), regs. 1, 5(c)(ii) (as substituted by S.I. 2020/1388, regs. 1(2)(a), 27(4)(b)); 2020 c. 1, Sch. 5 para. 1(1)

Article 4 U.K. The F20 ... system for equine identification [F21 in Great Britain]

1. For the purpose of this Regulation, the F22 ... system for the identification of equidae [F23 in Great Britain] shall be comprised of the following elements:

(a) a single lifetime identification document which, unless otherwise provided by the issuing body or provided for in this Regulation, shall remain the property of the issuing body that issued it, and which contains:

(i)

a narrative describing the equine animal and recording its marks;

(ii)

a completed outline diagram depicting the marks recorded in the narrative;

(iii)

a space for authorised entries describing modifications to the identification details;

(b) a method of identity verification which:

(i)

ensures an unequivocal link between the identification document and the equine animal for which it was issued;

(ii)

shows that that equine animal has already undergone a process of identification;

(c) a database recording, in accordance with Article 38, the identification details relating to the equine animal for which the identification document was issued and to the keeper who submitted the application for the identification document and at the same time assigning the unique life number to the animal;

(d) a central database set up in accordance with Article 39.

2. An equine animal shall only be deemed to be identified in accordance with this Regulation where it is:

(a) accompanied by an identification document issued in accordance with one of the following provisions:

(i)

[F24 Article 9 of this Regulation or of the EU Regulation, for equidae born in the United Kingdom or the Union; or

(ii)

Article 14 of this Regulation or of the EU Regulation, for equidae imported into the United Kingdom or the Union;]

(iii)

Article 29 or 30 [F25 of this Regulation or of the EU Regulation,] when accompanied by a duplicate identification document; or

(iv)

Article 32 [F26 of this Regulation or of the EU Regulation,] when accompanied by a replacement identification document; or

(b) identified in accordance with:

(i)

Article 24 [F27 of this Regulation or of the EU Regulation], for derogations for movements or the transport of equidae accompanied by a temporary document; or

(ii)

Article 26(2) [F28 of the EU Regulation], for derogations for certain movements and transport of equidae for slaughter.

Textual Amendments

F20 Word in Art. 4 heading omitted (31.12.2020) by virtue of The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/591), regs. 1, 6(1)(a)(i) (as substituted by S.I. 2020/1388, regs. 1(2)(a), 27(5)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F21 Words in Art. 4 heading inserted (31.12.2020) by The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/591), regs. 1, 6(1)(a)(ii) (as substituted by S.I. 2020/1388, regs. 1(2)(a), 27(5)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F22 Word in Art. 4(1) omitted (31.12.2020) by virtue of The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/591), regs. 1, 6(1)(ab)(i) (as inserted by S.I. 2020/1388, regs. 1(2)(a), 27(5)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F23 Words in Art. 4(1) inserted (31.12.2020) by The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/591), regs. 1, 6(1)(ab)(ii) (as inserted by S.I. 2020/1388, regs. 1(2)(a), 27(5)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F24 Art. 4(2)(a)(i)(ii) substituted (31.12.2020) by The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/591), regs. 1, 6(1)(b)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F25 Words in Art. 4(2)(a)(iii) inserted (31.12.2020) by The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/591), regs. 1, 6(1)(b)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F26 Words in Art. 4(2)(a)(iv) inserted (31.12.2020) by The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/591), regs. 1, 6(1)(b)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)

F27 Words in Art. 4(2)(b)(i) inserted (31.12.2020) by The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/591), regs. 1, 6(1)(b)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F28 Words in Art. 4(2)(b)(ii) inserted (31.12.2020) by The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/591), regs. 1, 6(1)(b)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)