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

Section 1 U.K. Recognition of breed societies and breeding operations

Article 4 U.K. Recognition of breed societies and breeding operations

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 [F1 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).

Textual Amendments

F1 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)

Article 5 U.K. Refusal of recognition of breed societies and breeding operations

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. F2 ....

Textual Amendments

F2 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)

Article 6 U.K. 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

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.

Article 7 U.K. Lists of recognised breed societies and breeding operations

1. [F3 The competent authority] shall draw up and keep up to date a list of breed societies and breeding operations that [F4 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). [F3 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:

(i)

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;

(ii)

F5 ...

(iii)

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;

(iv)

for each of its breeding programmes, where available, a reference to a website where information on those breeding programmes can be accessed.

[F6 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), [F7 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, [F7 the competent authority] shall definitively remove that breed society, breeding operation or breeding programme from the list provided for in paragraph 1.

[F8 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.]

Textual Amendments

F3 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)

F4 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)

F5 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)

F6 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)

F7 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)

F8 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)