Regulation (EU) 2016/1012 of the European Parliament and of the CouncilDangos y teitl llawn

CHAPTER VIII U.K. Entry into the [F1 United Kingdom] of breeding animals and their germinal products

Article 34 U.K. Listing of breeding bodies

1. The [F2 appropriate authority must] maintain, update and publish a list of breeding bodies.

2. [F3 Third country breeding bodies may only be included in the list provided for in paragraph 1 where the appropriate authority is satisfied that the breeding body meets the following requirements: ]

(a) it carries out a breeding programme that is equivalent to breeding programmes approved in accordance with Article 8(3) carried out by breed societies on the same breed, or carried out by breeding operations on the same breed, line or cross, as regards:

(i)

the entry of breeding animals in breeding books or their registration in breeding registers;

(ii)

the acceptance of breeding animals for breeding;

(iii)

the use of germinal products of breeding animals for testing and breeding;

(iv)

the methods used for performance testing and genetic evaluation;

(b) it is supervised or controlled by an official service in that third country;

(c) it has adopted rules of procedure to ensure that breeding animals entered in breeding books by breed societies or registered in breeding registers by breeding operations, and the offspring produced from germinal products of such breeding animals, are entered or eligible for entry without discrimination on account of their country of origin, in the case of purebred breeding animals, in the breeding book of the same breed, or, in the case of hybrid breeding pigs, in the breeding register of the same breed, line or cross, maintained by that breeding body.

[F4 3. Where the appropriate authority is satisfied that a breeding body in a third country has in place measures which are recognised as equivalent in accordance with provision made under Article 35, that breeding body may be included in the list provided for in paragraph 1.

4. In a case where the appropriate authority is not satisfied that a breeding body fulfils at least one of the requirements referred to in paragraph 2, that breeding body must be removed from the list provided for in paragraph 1.

5. Notwithstanding paragraph 2 and 4, until 30 June 2021, any breed society or breeding operation (within the meaning of Article 2 of the EU Regulation) which as at IP completion day is approved by the competent authority of a Member State under Article 4(3) of the EU Regulation must be included in the list provided for in paragraph 1.]

Textual Amendments

F2 Words in Art. 34(1) substituted (31.12.2020) by The Animal Breeding (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/117), regs. 1, 9(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 34(2) substituted (31.12.2020) by The Animal Breeding (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/117), regs. 1, 9(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F4 Art. 34(3)-(5) substituted for Art. 34(3)(4) (31.12.2020) by The Animal Breeding (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/117), regs. 1, 9(2)(c) (as amended by S.I. 2020/1388, regs. 1(2)(a), 28(6)(a)); 2020 c. 1, Sch. 5 para. 1(1)

Article 35 U.K. Equivalence of measures applied to animal breeding in third countries

1. The [F5 appropriate authority may make regulations], recognising that measures applied in a third country are equivalent to those required by this Regulation in relation to the following:

(a) the recognition of breed societies and breeding operations provided for in Article 4;

(b) the approval of breeding programmes of breed societies and breeding operations provided for in Article 8;

(c) the entry of purebred breeding animals in breeding books and the registration of hybrid breeding pigs in breeding registers provided for in Articles 18, 20 and 23;

(d) the acceptance of breeding animals for breeding provided for in Articles 21, 22 and 24;

(e) the use of germinal products of breeding animals for testing and breeding provided for in Articles 21 and 24;

(f) the performance testing and genetic evaluation provided for in Article 25;

(g) the official controls on operators provided for in Article 43.

F6 ...

F7 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. [F8 Regulations under paragraph 1 may set out detailed arrangements governing the entry of breeding animals and their germinal products into the United Kingdom from a third country and may include:]

(a) the format and content of the zootechnical certificates accompanying those breeding animals or the germinal products thereof;

(b) specific requirements applicable to the entry into the [F9 United Kingdom] of those breeding animals or the germinal products thereof and the official controls to be performed on those breeding animals or on the germinal products thereof upon entry into the [F9 United Kingdom];

(c) where necessary, procedures for drawing up and amending lists of breeding bodies, located in the third country concerned, from which the entry into the [F9 United Kingdom] of breeding animals and the germinal products thereof is permitted.

F10 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Words in Art. 35(1) substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 11(9)(a)(i) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 35(1) omitted (31.12.2020) by virtue of The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 11(9)(a)(ii) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)

F7 Art. 35(2) omitted (31.12.2020) by virtue of The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 11(9)(b) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 35(3) substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 11(9)(c)(i) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 35(3)(b)(c) substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 11(9)(c)(ii) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)

F10 Art. 35(4) omitted (31.12.2020) by virtue of The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 11(9)(d) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)

Article 36 U.K. Entry in breeding books or registration in breeding registers of breeding animals and offspring produced from germinal products that have entered the [F11 United Kingdom from a third country]

1. On application by a breeder, a breed society or breeding operation shall enter in the main section of its breeding book or register in its breeding register any breeding animals that have entered the [F12 United Kingdom from a third country] and the offspring produced from germinal products that have entered the [F12 United Kingdom from a third country] where:

(a) that breeding animal or the donors of those germinal products are entered in a breeding book or registered in a breeding register maintained by a breeding body in the third country of dispatch;

(b) those germinal products meet the conditions laid down in Article 21(1) or (2), where that is a requirement of the breeding programme carried out by that breed society or that breeding operation;

(c) that breeding animal meets the characteristics of the breed or, in the case of a hybrid breeding pig, the characteristics of the breed, line or cross set out in the breeding programme carried out by that breed society or breeding operation;

(d) the breeding body referred to in point (a) is included in the list of breeding bodies provided for in Article 34.

[F13 2. The entry into the United Kingdom of breeding animals and their germinal products must not be prohibited, restricted or impeded on zootechnical or genealogical grounds where those breeding animals or the donors of the germinal products are entered in a breeding book or registered in a breeding register maintained by a breeding body included in the list of breeding bodies established in accordance with Article 34 of this Regulation.]

Textual Amendments

F11 Words in Art. 36 heading substituted (31.12.2020) by The Animal Breeding (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/117), regs. 1, 9(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Art. 36(1) substituted (31.12.2020) by The Animal Breeding (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/117), regs. 1, 9(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F13 Art. 36(2) substituted (31.12.2020) by The Animal Breeding (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/117), regs. 1, 9(3)(b) (as amended by S.I. 2020/1388, regs. 1(2)(a), 28(6)(b)); 2020 c. 1, Sch. 5 para. 1(1)

Article 37 U.K. Checks for entitlement to the conventional rate of duty for purebred breeding animals entering [F14 Great Britain from a third country]

1. Where the operator responsible for a consignment of purebred breeding animals requests the application of [F15 a lower or zero rate of duty for purebred breeding animals, provided for under the Taxation (Cross-border Trade) Act 2018,] on the animals of that consignment:

(a) those animals shall be accompanied by:

(i)

the zootechnical certificate referred to in Article 30(5) or Article 32;

(ii)

a document indicating that they are to be entered in a breeding book maintained by a breed society or registered in a breeding register maintained by a breeding operation;

(b) checks shall be carried out on that consignment at the border inspection post in which the documentary, identity [F16 , veterinary and physical checks required under United Kingdom animal health law on entry of the consignment into Great Britain] are carried out.

2. The purpose of the checks provided for in point (b) of paragraph 1 shall be to verify that:

(a) the consignment is accompanied by the documents referred to in point (a) of paragraph 1;

(b) the content and the labelling of the consignment correspond to the information provided in the documents referred to in point (a) of paragraph 1.

Textual Amendments

F14 Words in Art. 37 heading substituted (31.12.2020) by The Animal Breeding (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/117), regs. 1, 9(4) (as substituted by S.I. 2020/1388, regs. 1(2)(a), 28(6)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Art. 37(1) substituted (31.12.2020) by The Animal Breeding (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/117), regs. 1, 9(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in Art. 37(1)(b) substituted (31.12.2020) by virtue of The Animal Breeding (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/117), regs. 1, 9(5)(b) (as amended by S.I. 2020/1388, regs. 1(2)(a), 28(6)(d)); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F1 Words in Ch. 8 heading substituted (31.12.2020) by The Animal Breeding (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/117), regs. 1, 9(1); 2020 c. 1, Sch. 5 para. 1(1)