CHAPTER II

Recognition of breed societies and breeding operations ... and approval of breeding programmes
Section 1

Recognition of breed societies and breeding operations

Recognition of breed societies and breeding operations
Article 4
1
In respect of purebred breeding animals, breeders' associations, breeding organisations or public bodies may apply to the competent authorities for recognition as a breed society.
In respect of hybrid breeding pigs, breeders' associations, breeding organisations, private undertakings operating in a closed production system or public bodies may apply to the competent authorities for recognition as a breeding operation.
2
The applications referred to in paragraph 1 shall be in writing, either on paper or in electronic form.
3
The competent authorities shall evaluate the applications referred to in paragraph 1. They shall recognise as a breed society any applicant referred to in the first subparagraph of paragraph 1, and as a breeding operation any applicant referred to in the second subparagraph of paragraph 1 that complies with the following requirements:
a
it has its head office on the territory of the constituent territory of the United Kingdom where the competent authority is located;
b
it demonstrates in its application that it complies with the requirements set out in Part 1 of Annex I for its breeding programmes in respect of which it intends to apply for approval in accordance with Article 8(3), and, where applicable, Article 12;
c
its application contains, in respect of each of those intended breeding programmes, a draft version of the breeding programme which is to include the information set out in Part 2 of Annex I, and, additionally in the case of purebred breeding animals of the equine species, in Part 3 of Annex I;
d
when submitting its application referred to in paragraph 1 of this Article, it submits an application for approval of at least one of those intended breeding programmes, in accordance with Article 8(2).

Refusal of recognition of breed societies and breeding operations
Article 5
1
For the purposes of Article 4(1), where the competent authority intends to refuse to recognise an applicant as a breed society or breeding operation, it shall provide that applicant with a reasoned explanation for doing so. That applicant shall have the right to request that the competent authority reconsider that intended refusal within 60 days from the date of receipt of the reasoned explanation, or earlier where national rules provide for shorter time-limits.
2
Where, in the light of the reconsideration referred to in paragraph 1 the competent authority decides to confirm its refusal, it shall provide the applicant with a reasoned explanation of its decision to refuse recognition within 90 days from its receipt of the applicant's request for reconsideration, or earlier where national rules provide for shorter time-limits. ....

Submission of modified breeding programmes in cases of refusal and withdrawal of the recognition of breed societies or breeding operations in the absence of approved breeding programmes
Article 6
1
Where the competent authority which has recognised a breed society or breeding operation in accordance with Article 4(3) refuses to approve a breeding programme submitted by that breed society or breeding operation in accordance with Article 8, that breed society or breeding operation shall have the possibility of submitting a modified version of that breeding programme within 6 months after that refusal.
2
The competent authority shall withdraw recognition from that breed society or breeding operation if, by the end of the period referred to in paragraph 1 of this Article, no modified version of the breeding programme has been submitted and where that breed society or breeding operation has no other breeding programme approved in accordance with Article 8(3), and, where applicable, Article 12.

Lists of recognised breed societies and breeding operations
Article 7
1
The competent authority shall draw up and keep up to date a list of breed societies and breeding operations that they have recognised in accordance with Article 4(3) and which have at least one breeding programme that has been approved in accordance with Article 8(3). The competent authority shall make that list available to the public.
2
The list provided for in paragraph 1 shall include the following information:
a
the name, contact details and, where available, the website of the breed society or breeding operation;
b
for each breed society or breeding operation on that list:
1. in the case of purebred breeding animals, the name of the breed, or, in the case of hybrid breeding pigs, the name of the breed, line or cross, covered by each of its breeding programmes approved in accordance with Article 8(3), and, where the breed society makes use of the derogations referred to in Article 19 or point 2 of Chapter III of Part 1 of Annex II, a reference to those derogations;
...
3. in the case of purebred breeding animals of the equine species, where applicable, the name and contact details of the breed society which maintains the breeding book of the origin of the breed;
4. for each of its breeding programmes, where available, a reference to a website where information on those breeding programmes can be accessed.
3
Where the competent authority itself carries out a breeding programme, this must be included in the list provided for in paragraph 1.
4
Where the recognition of a breed society or a breeding operation is withdrawn in accordance with point (e) of third subparagraph of Article 47(1) or the approval of a breeding programme is suspended or withdrawn in accordance with point (d) of third subparagraph of Article 47(1), the competent authority shall, without undue delay, indicate that suspension or withdrawal in the list provided for in paragraph 1 of this Article.
Where, for a period of 24 months, that recognition remains withdrawn or that approval remains suspended or withdrawn, the competent authority shall definitively remove that breed society, breeding operation or breeding programme from the list provided for in paragraph 1.
5
A competent authority may lay down, and publish on a website, model forms for the presentation of the information to be included in the list of recognised breed societies and breeding operations provided for in paragraph 1.
Section 2

Approval of breeding programmes

Approval of breeding programmes carried out by breed societies and breeding operations
Article 8
1
A breed society or a breeding operation recognised under Article 4(3) shall submit applications for approval of its breeding programmes to the competent authority which has recognised that breed society or breeding operation in accordance with Article 4(3).
2
The applications referred to in paragraph 1 shall be in writing, either on paper or in electronic form.
3
The competent authority referred to in paragraph 1 shall evaluate those breeding programmes and approve them provided that:
a
they have one or more of the following aims:
1. in the case of purebred breeding animals:
  - the improvement of the breed,
  - the preservation of the breed,
  - the creation of a new breed,
  - the reconstruction of a breed;
2. in the case of hybrid breeding pigs:
  - the improvement of the breed, line or cross,
  - the creation of a new breed, line or cross;
b
they describe in detail the selection and breeding objectives;
c
they comply with the requirements set out in Part 2 of Annex I, and in addition in the case of purebred breeding animals of the equine species, in Part 3 of Annex I.
4
Breed societies or breeding operations may outsource to a third party specific technical activities related to the management of their breeding programmes, including performance testing and genetic evaluation, provided that:
a
the breed societies and breeding operations remain responsible to the competent authority for ensuring compliance with the requirements provided for in Parts 2 and 3 of Annex I;
b
there is no conflict of interests between that third party and the economic activities of breeders who participate in the breeding programme;
c
that third party fulfils all the necessary requirements to carry out those activities;
d
those breed societies and breeding operations specify the activities which they intend to outsource and the name and contact details of those third parties in their applications referred to in paragraph 2.
5
Where, for at least 24 months, there are no breeders which have their holdings, on which they keep their breeding animals, located on a given part of the geographical territory that are participating in a breeding programme approved in accordance with paragraph 3, the competent authority referred to in paragraph 1 may require the breed society or breeding operation concerned to adjust the geographical territory of its breeding programme so as not to include that given part.

Changes to an approved breeding programme
Article 9
1
Prior to the implementation of any significant changes relating to the requirements referred to in Article 8(3) in its breeding programme approved in accordance with that provision, a breed society or breeding operation shall notify those changes to the competent authority which has recognised that breed society or breeding operation in accordance with Article 4(3).
2
The notification shall be in writing, either on paper or in electronic form.
3
Unless that competent authority indicates otherwise within a period of 90 days from the date of notification, those changes shall be considered to have been approved.
4
Breed societies and breeding operations shall inform in a transparent and timely manner the breeders participating in their breeding programmes of the changes in their breeding programme that have been approved in accordance with paragraph 3.

Derogations from Article 8(3) concerning the approval of breeding programmes
Article 10
1
By way of derogation from Article 8(3), the competent authority which has recognised a breed society in accordance with Article 4(3) may refuse to approve a breeding programme of that breed society that complies with the requirements set out in Part 2 of Annex I, and additionally in the case of purebred breeding animals of the equine species, in Part 3 of Annex I, on the grounds that that breeding programme would compromise the breeding programme carried out by another breed society for the same breed which has already been approved in the United Kingdom as regards at least one of the following:
a
the essential traits of the breed characteristics or the main objectives of that breeding programme;
b
the preservation of that breed or of the genetic diversity within that breed; or
c
where the aim of that breeding programme is the preservation of that breed, the effective implementation of that breeding programme:
1. in the case of an endangered breed; or
2. in the case of an autochthonous breed which is not commonly found in one or more of the constituent territories of the United Kingdom.
2
For the purpose of paragraph 1, the competent authority shall take due account of the following:
a
the number of breeding programmes already approved for that breed in the United Kingdom;
b
the size of the breeding populations covered by those breeding programmes;
c
the possible genetic input from breeding programmes carried out by other breed societies for the same breed ... by breeding bodies in third countries.

Refusal of the approval of breeding programmes
Article 11
Where the competent authority which has recognised a breed society or breeding operation in accordance with Article 4(3) refuses to approve a breeding programme submitted by such breed society or breeding operation in accordance with Article 8(1) or refuses to approve changes to a breeding programme notified in accordance with Article 9(1), it shall provide that breed society or breeding operation with a reasoned explanation for its refusal.

Notification and approval of breeding programmes carried out in the United Kingdom by breed societies or breeding operations approved in a member State
Article 12
1
Where a breed society or breeding operation (within the meaning of Article 2 of the EU Regulation) approved either in accordance with Article 8(3) of the EU Regulation by a competent authority in a member State or by a competent authority in a third country in respect of which the appropriate authority has made regulations under Article 35, or a breeding body entered into the list under Article 34(1), intends to carry out a breeding programme on animals kept in the United Kingdom, that breed society, breeding operation or breeding body must notify the competent authority of the constituent territory of the United Kingdom where the animals are to be kept.;
2
The notification provided for in paragraph 1 must—
a
be sent to the competent authority at least 90 days before the intended commencement date of the breeding programme in the United Kingdom;
b
be provided in English and other languages may also appear.
3
The competent authority of the constituent territory of the United Kingdom may, within 90 days from the date of receipt of the notification referred to in of paragraph 2(a), refuse to approve the carrying out on its territory of the breeding programme, where an approved breeding programme is already being carried out in the United Kingdom on purebred breeding animals of the same breed.
4
The competent authority of the constituent territory of the United Kingdom must inform the competent authority which has recognised the breed society, breeding operation or breeding body about the result of the notification provided for in paragraph 1 of this Article and, where it refuses to approve the carrying out on its territory of the breeding programme, must provide a reasoned explanation for the refusal.
5
Failure by the competent authority of the constituent territory of the United Kingdom to reply to the notification referred to in paragraph 2(a) within 90 days from the date of receipt of that notification shall constitute approval.
6
Where the competent authority of the constituent territory of the United Kingdom refuses to approve the breeding programme in accordance with paragraph 3, the competent authority, on an application by the breed society, breeding operation or breeding body, must reconsider the refusal to approve the breeding programme, taking into account any new information provided.
7
The competent authority of the constituent territory of the United Kingdom may withdraw its approval of the breeding programme provided for under this Article where, for at least 12 months, no breeder in the constituent territory of the United Kingdom participates in that breeding programme.
Words in Art. 4(3)(a) substituted (31.12.2020) by The Animal Breeding (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/117), regs. 1, 4(2); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 5(2) omitted (31.12.2020) by virtue of The Animal Breeding (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/117), regs. 1, 4(3); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 7(1) substituted (31.12.2020) by The Animal Breeding (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/117), regs. 1, 4(4)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 7(1) substituted (31.12.2020) by The Animal Breeding (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/117), regs. 1, 4(4)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Art. 7(2)(b)(ii) omitted (31.12.2020) by virtue of The Animal Breeding (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/117), regs. 1, 4(4)(b); 2020 c. 1, Sch. 5 para. 1(1)
Art. 7(3) substituted (31.12.2020) by The Animal Breeding (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/117), regs. 1, 4(4)(c); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 7(4) substituted (31.12.2020) by The Animal Breeding (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/117), regs. 1, 4(4)(d); 2020 c. 1, Sch. 5 para. 1(1)
Art. 7(5) substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 11(2) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
Art. 8(1) inserted by The Animal Breeding (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/117), regs. 1, 4(5) (as substituted by S.I. 2020/1388, regs. 1(2)(a), 28(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 10(1) substituted (31.12.2020) by The Animal Breeding (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/117), regs. 1, 4(6)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 10(1)(c)(ii) substituted (31.12.2020) by The Animal Breeding (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/117), regs. 1, 4(6)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 10(2)(a) substituted (31.12.2020) by The Animal Breeding (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/117), regs. 1, 4(6)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 10(2)(c) omitted (31.12.2020) by virtue of The Animal Breeding (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/117), regs. 1, 4(6)(b)(ii) (as substituted by S.I. 2020/1388, regs. 1(2)(a), 28(3)(b)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 12 substituted (31.12.2020) by The Animal Breeding (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/117), regs. 1, 4(7) (as amended by S.I. 2020/1388, regs. 1(2)(a), 28(3)(c)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Ch. 2 heading omitted (31.12.2020) by virtue of The Animal Breeding (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/117), regs. 1, 4(1); 2020 c. 1, Sch. 5 para. 1(1)