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12.—(1) No person may remove or replace the original identification of an animal originating in another Member State in contravention of Article 4(5) of the Council Regulation.
(2) No person may contravene or fail to comply with Article 4(6)(first paragraph) of the Council Regulation.
(3) It is a defence for any person charged with contravening or failing to comply with Article 4(5) or 4(6) of the Council Regulation to prove that—
(a)a means of identification was removed to prevent unnecessary pain or suffering to an animal; and
(b)a replacement bearing the same code was applied to the animal as soon as possible.
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