CHAPTER VII

DEATH OF EQUIDAE AND EQUIDAE INTENDED FOR SLAUGHTER FOR HUMAN CONSUMPTION AND MEDICATION RECORD

Obligations of the official veterinarian and of the competent authority in the case of slaughter or death of equidae
Article 34
1
On the slaughter or death of the equine animal, the following measures shall be taken:
a
the transponder shall be protected from subsequent fraudulent use, notably by its recovery, destruction or disposal in situ;
b
the identification document shall be rendered invalid at least by tamper-proof stamping it ‘invalid’ on all pages or pinching a hole of appropriate diameter, not less than a standard hole puncher, through all pages;
c
with a reference to the equine animal's unique life number either:
1. the identification document shall be destroyed under official supervision at the slaughterhouse where the animal was slaughtered and an attestation shall be communicated to the issuing body, either directly or, where the issuing body is in a member State, either directly or through the contact point referred to in Article 36(2) of the EU Regulation, informing it on the date of slaughter of the animal at a slaughterhouse and on the date of destruction of the identification document; or
2. the invalidated identification document shall be returned to the issuing body indicated either in point 11 of Part A of Section I of the identification document or in Part C of that Section, updated in accordance with Article 28(b), either directly or, where the issuing body is in a member State, either directly or through the contact point referred to in Article 36(2) of the EU Regulation, together with information on the date the animal was slaughtered or killed for disease control purposes.
2
The measures provided for in paragraph 1 shall be carried out by or under the supervision of:
a
the official veterinarian:
1. in the case of slaughter or killing for disease control purposes, in accordance with animal health legislation in force in the constituent territory of Great Britain; or
2. following slaughter, must record the identification number or identification document number of the slaughtered animal and, if requested to do so by the competent authority of the constituent territory of Great Britain where the animal was slaughtered, must forward to that competent authority an attestation to the effect that the animal has been slaughtered; or
b
the competent authority defined in Article 3(10) of Regulation (EC) No 1069/2009, in the case of the disposal or processing of a carcass, which was accompanied by the identification document in accordance with national legislation referred to in Article 23(1) of the present Regulation, in:
1. an establishment approved in accordance with point (a) of Article 24(1) of Regulation (EC) No 1069/2009; or
2. a low-capacity incineration plant referred to in point (a)(iii) of Chapter III of Annex III to Regulation (EU) No 142/2011.
3
Where, as required by paragraph 1(a) of this Article, the transponder cannot be recovered from the body of an equine animal slaughtered for human consumption, the official veterinarian shall declare the meat or the part of the meat containing the transponder unfit for human consumption in accordance with Chapter V(1)(n) of Section II of Annex I to Regulation (EC) No 854/2004.

Obligation of the keeper and of the issuing body in case of death or loss of the equine animal
Article 35
1
In all cases of death or loss, including theft, of the equine animal not referred to in Article 34, the keeper shall return the identification document to the appropriate issuing body indicated in Part A of Section I or updated in accordance with Article 28(b) in Part C of Section I of the identification document within 30 days of the death or loss of the equine animal.
2
The issuing body which received information on the death or loss of an equine animal in accordance with Article 34 or paragraph 1 of this Article shall act in accordance with points (d) and (e) of Article 28.

... Information flow after the death of an equine animal
Article 36
1
A competent authority of a constituent territory of Great Britain may issue guidance on procedure and time limits for returning the invalidated identification document to the issuing body in accordance with Article 34(1)(c)(ii).
2
The contact point for receiving the attestation of destruction of the identification document referred to in Article 34(1)(c)(i) of the EU Regulation, or the identification documents referred to in Article 34(1)(c)(ii) of the EU Regulation, is—
a
in England and Wales, the Food Standards Agency;
b
in Scotland, Food Standards Scotland.
3
The appropriate authority must make details of the contact point referred to in paragraph 2 available to member States, the competent authority in Northern Ireland and to the public on the website referred to in Article 6(1).

Equidae intended for slaughter for human consumption and medication record
Article 37
1
An equine animal shall be deemed to be intended for slaughter for human consumption except where it is, in accordance with this Regulation, irreversibly declared as not so intended in Part II of Section II of the identification document by:
a
the signature of the owner on its own discretion, endorsed by the issuing body; or
b
the signatures of the keeper and of the veterinarian responsible who acts in accordance with regulation 8(b) of, and Schedule 4 to, the 2013 Regulations; or
c
the entry made by the issuing body, when issuing a duplicate identification document in accordance with Article 29 or 30 or a replacement identification document in accordance with Article 32.
2
Prior to any treatment with a medicinal product administered in accordance with a provision specified in paragraph 3A, the veterinarian responsible for treating the equine animal or to any treatment by use of a medicinal product authorised in accordance with Article 6(3) of that Directive, the veterinarian responsible as referred to in Article 10(1) of Directive 2001/82/EC shall ascertain the equine animal's status as either:
a
intended for slaughter for human consumption, which shall be the default case; or
b
not intended for slaughter for human consumption as set out in Part II of Section II of the identification document.
3
Where the treatment referred to in paragraph 2 of this Article is not permitted for an equine animal intended for slaughter for human consumption, the veterinarian responsible for treating the equine animal in accordance with regulation 8(b) of, and Schedule 4 to, the 2013 Regulations shall ensure that the equine animal concerned is prior to the treatment irreversibly declared as not intended for slaughter for human consumption by:
a
completing and signing Part II of Section II of the identification document; and
b
invalidating Part III of Section II of the identification document in accordance with the instructions provided for in Part III of Section II.
3A
The provisions specified in this paragraph are—
a
regulation 8(b) of, and Schedule 4 to, the 2013 Regulations;
b
Commission Regulation (EU) 1950/2006.
4
After the measures provided for in paragraph 3 have been taken, the keeper of the equine animal shall lodge the identification document with an issuing body in the constituent territory of Great Britain where the holding of the equine animal is located, or provide the information online where such access to the database is established, within a maximum period of 14 days from the date of signature in Part II of Section II of the identification document.
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Where an equine animal is to be treated under the conditions referred to in Schedule 4 to the 2013 Regulations, the veterinarian responsible shall enter in Part III of Section II of the identification document the requisite details of the medicinal product containing substances essential or bringing added clinical benefit for the treatment of equidae listed in Regulation (EC) No 1950/2006.
The veterinarian responsible shall enter the date of last administration, as prescribed, of that medicinal product and shall, acting in accordance with Article 11(4) of Directive 2001/82/EC, inform the keeper of the date when the withdrawal period established in accordance with Article 10(3) of that Directive will lapse.
7
In this Article, ‘the 2013 Regulations’ means the Veterinary Medicines Regulations 2013.
Words in Art. 34(1)(c)(i) substituted (31.12.2020) by The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/591), regs. 1, 37(a); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 34(1)(c)(ii) substituted (31.12.2020) by The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/591), regs. 1, 37(a); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 34(2)(a)(i) substituted (31.12.2020) by The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/591), regs. 1, 37(b)(i) (as amended by S.I. 2020/1388, regs. 1(2)(a), 27(28)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 34(2)(a)(ii) substituted (31.12.2020) by The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/591), regs. 1, 37(b)(ii) (as amended by S.I. 2020/1388, regs. 1(2)(a), 27(28)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 36 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, 38(1)(a); 2020 c. 1, Sch. 5 para. 1(1)
Art. 36(1)-(3) substituted (31.12.2020) by The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/591), regs. 1, 38(1)(b) (as amended by S.I. 2020/1388, regs. 1(2)(a), 27(29)(c)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 37(3A) inserted (31.12.2020) by The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/591), regs. 1, 39(d); 2020 c. 1, Sch. 5 para. 1(1)
Art. 37(7) inserted (31.12.2020) by The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/591), regs. 1, 39(h); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 37(1)(b) substituted (31.12.2020) by The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/591), regs. 1, 39(a); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 37(2) substituted (31.12.2020) by The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/591), regs. 1, 39(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 37(3) substituted (31.12.2020) by The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/591), regs. 1, 39(c); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 37(4) substituted (31.12.2020) by The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/591), regs. 1, 39(e) (as amended by S.I. 2020/1388, regs. 1(2)(a), 27(30)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 37(5) omitted (31.12.2020) by virtue of The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/591), regs. 1, 39(f); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 37(6) substituted (31.12.2020) by The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/591), regs. 1, 39(g); 2020 c. 1, Sch. 5 para. 1(1)