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TITLE IU.K.Identification and registration of bovine animals

Article 1U.K.

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2.The provisions of this title shall apply without prejudice to [F2rules set out in retained direct EU legislation] which may be established for disease eradication or control purposes and without prejudice to Directive 91/496/EEC and Regulation (EEC) No 3508/92(1). F3...

Article 2U.K.

For the purposes of this title:

[F9Article 2aU.K.Definition of the appropriate Minister

1.Subject to paragraph 2, for the purposes of making regulations ‘the appropriate Minister’ means—

(a)for regulations applying in relation to England, the Secretary of State;

(b)for regulations applying in relation to Wales, the Welsh Ministers;

(c)for regulations applying in relation to Scotland, the Scottish Ministers;

2.For the purposes of making regulations, ‘the appropriate Minister’ is the Secretary of State if consent is given by—

(a)for regulations applying in relation to Wales, the Welsh Ministers;

(b)for regulations applying in relation to Scotland, the Scottish Ministers.]

Article 3U.K.

The system for the identification and registration of bovine animals shall comprise the following elements:

(a)

[F4means of identification to identify animals individually;]

(b)

computerised databases;

(c)

animal passports;

(d)

individual registers kept on each holding.

[F10The appropriate Minister and the competent authority shall have access to all the information covered by this title. The appropriate Minister shall take the measures necessary to ensure access to these data for all parties concerned, including consumer organisations having an interest which are recognised by the appropriate Minister, provided that the data confidentiality and protection prescribed by law are ensured.]

[F4Article 4U.K. Obligation to identify animals

1.All animals on a holding shall be identified by at least two means of identification listed in Annex I and in compliance with rules adopted pursuant to paragraph 3 and approved by the competent authority. At least one of the means of identification shall be visible and bear a visible identification code.

The first subparagraph shall not apply to animals that were born before 1 January 1998 and that are not intended for [F11export to a Member State]. Those animals shall be identified by at least one means of identification.

[F12The appropriate Minister may make regulations concerning the addition of means of identification to the list in Annex I.]

The means of identification shall be allocated to the holding, distributed and applied to the animals in a manner determined by the competent authority.

The two means of identification, authorised in accordance with the [F13regulations] adopted pursuant to paragraph 3 and this paragraph and which are applied to one animal, shall bear the same unique identification code, which, together with the registration of the animals, makes it possible to identify the animal individually and the holding on which it was born.

2.By way of derogation from paragraph 1, where the characters forming the animal’s identification code do not permit the application of an electronic identifier with the same unique identification code, the [F14appropriate Minister] may allow that, under the supervision of its competent authority, the second means of identification may bear a different code, provided each of the following conditions are fulfilled:

(a)[F15the animal was born before the date of entry into force of Commission Implementing Regulation (EU) 2017/949;]

(b)full traceability is ensured;

(c)the individual identification of the animal, including the holding on which it was born, is possible;

(d)the animal is not intended for [F16export to a Member State].

3.To ensure adequate traceability and adaptability to technical progress and optimal functioning of the identification system, the [F17appropriate Minister may make regulations] concerning the requirements for the means of identification set out in Annex I, and the transitional measures required for the introduction of a particular means of identification.

On the basis of the relevant ISO standards or other international technical standards adopted by recognised international standard-setting organisations, with the understanding that those international standards are able to guarantee, at the very least, a higher level of performance and reliability than ISO standards, the [F18appropriate Minister may make regulations] concerning:

(a)the format and design of the means of identification;

(b)technical procedures for the electronic identification of bovine animals; and

(c)the configuration of the identification code.

F19...

4.As from 18 July 2019, the [F20appropriate Minister] shall ensure that the necessary infrastructure is in place in order to provide for the identification of animals on the basis of an electronic identifier as an official means of identification in accordance with this Regulation.

[F21The appropriate Minister may not make the use of an electronic identifier compulsory as one of the two means of identification provided for in paragraph 1 before 18 July 2019.]

F22...

5.By way of derogation from paragraph 1, bovine animals intended for cultural and sporting events, other than fairs and exhibitions, may be identified by alternative means of identification offering equivalent identification standards to those provided for in paragraph 1.

Holdings making use of alternative means of identification referred to in the first subparagraph shall be registered in the computerised database provided for in Article 5.

[F23The appropriate Minister may make regulations concerning such registration.]

[F24In order to ensure traceability based on the identification standards equivalent to those provided for in paragraph 1, the appropriate Minister may make regulations concerning the requirements for the alternative means of identification referred to in the first subparagraph.]

[F25The appropriate Minister may make regulations concerning the format and design of the alternative means of identification, referred to in the first subparagraph.]

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Textual Amendments

[F27Article 4aU.K. Time period for the application of the means of identification

1.The means of identification provided for in Article 4(1) shall be applied to the animal before the expiry of a maximum period, to be determined by the [F28appropriate Minister]. The maximum period shall be calculated from the date of birth of the animal and shall not exceed 20 days.

By way of derogation from the first subparagraph, for reasons related to the physiological development of the animals, that period may, for the second means of identification, be extended up to 60 days following the birth of the animal.

No animal may leave the holding where it was born before the two means of identification have been applied to that animal.

2.To enable the application of the means of identification in special circumstances involving practical difficulties, the [F29appropriate Minister may make regulations to] extend the maximum periods for the application of the means of identification as provided for in the first and second subparagraphs of paragraph 1. F30...

Article 4bU.K. Identification of animals from third countries

1.Any animal subject to veterinary checks, pursuant to Directive 91/496/EEC, entering [F31Great Britain] from a third country and intended for a holding of destination within the territory of [F31Great Britain], shall be identified at the holding of destination with the means of identification provided for in Article 4(1).

The original identification applied to the animal in the third country of origin shall be recorded in the computerised database provided for in Article 5 together with the unique identification code of the means of identification allocated to the animal by the [F32competent authority].

The first subparagraph shall not apply to animals destined directly for a slaughterhouse situated in [F33Great Britain], provided that the animals are slaughtered within 20 days following those veterinary checks pursuant to Directive 91/496/EEC.

2.The means of identification of animals referred to in Article 4(1) shall be applied within a maximum period to be determined by the [F34appropriate Minister]. That period shall not exceed 20 days following the veterinary checks referred in paragraph 1.

By way of derogation from the first subparagraph, for reasons related to the physiological development of the animals, that period may, for the second means of identification, be extended up to 60 days following the birth of the animal.

In all cases, the two means of identification referred to in the first subparagraph of Article 4(1) shall be applied to the animals before they leave the holding of destination.

3.Where the [F35appropriate Minister] has introduced F36... provisions under the second subparagraph of Article 4(4) to make the use of an electronic identifier compulsory, the animals shall be identified with that electronic identifier in the holding of destination F37..., within a period to be determined by the [F38appropriate Minister]. That period shall not exceed 20 days following the veterinary checks referred in paragraph 1.

By way of derogation from the first subparagraph, for reasons related to the physiological development of the animals, that period may, for the second means of identification, be extended up to 60 days following the birth of the animal.

In all cases, the electronic identifier shall be applied to the animals before they leave the holding of destination.

Textual Amendments

Article 4cU.K. Identification of animals moved from [F39a Member State to Great Britain]

1.Animals moved from [F40a Member State to Great Britain] shall retain the original means of identification applied to them pursuant to Article 4(1).

However, by way of derogation from the first subparagraph, starting from 18 July 2019, the competent authority F41... may allow:

(a)the replacement of one of the means of identification by an electronic identifier without changing the original unique identification code of the animal;

(b)the replacement of both means of identification by two new means of identification which shall both bear the same, new unique identification code. This derogation may be applied until five years after 18 July 2019, where the characters forming the identification code of an animal’s conventional ear tag do not permit the application of an electronic identifier with the same unique identification code, and provided that the animal is born before the date of entry into force of [F42Commission Implementing Regulation (EU) 2017/949].

2.Where the [F43appropriate Minister] has introduced F44... provisions to make the use of an electronic identifier compulsory, the animals shall be identified with that electronic identifier at the latest in the holding of destination within a maximum period to be determined by the [F45appropriate Minister]. That maximum period shall not exceed 20 days from the date of arrival of the animals on the holding of destination.

By way of derogation from the first subparagraph, for reasons related to the physiological development of the animals, that period may, for the second means of identification, be extended up to 60 days following the birth of the animal.

In all cases, the electronic identifier shall be applied to the animals before they leave the holding of destination.

However, the first subparagraph shall not apply to animals destined directly for a slaughterhouse [F46where the appropriate Minister] has introduced F44... provisions to make the use of an electronic identifier compulsory.

Textual Amendments

Article 4dU.K. Removal, modification or replacement of means of identification

No means of identification may be removed, modified or replaced without the permission of the competent authority. Such permission may only be granted where the removal, modification or replacement do not compromise the traceability of the animal and where its individual identification, including the holding on which it was born, is possible.

Any replacement of an identification code shall be recorded in the computerised database provided for in Article 5, together with the unique identification code of the original means of identification of the animal.]

[F4Article 5U.K.

The competent authority F47... shall set up a computerised database in accordance with Articles 14 and 18 of Directive 64/432/EEC.

F48...]

F49Article 6U.K.

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F50Article 6aU.K.

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Article 7U.K.

1.With the exception of transporters, each keeper of animals shall:

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3.Each keeper shall supply the competent authority, upon request, with all information concerning the origin, identification and, where appropriate, destination of animals, which he has owned, kept, transported, marketed or slaughtered.

4.The register shall be in a format approved by the competent authority, kept in manual or computerised form, and be available at all times to the competent authority, upon request, for a minimum period to be determined by the competent authority but which may not be less than three years.

[F275.By way of derogation from paragraph 4, keeping a register shall be optional for any keeper who:

(a)has access to the computerised database provided for in Article 5 which already contains the information to be included in the register; and

(b)enters the up-to-date information, or has it entered, directly into the computerised database provided for in Article 5.

6.To ensure the accuracy and reliability of the information to be included in the holding register provided for in this Article, the [F55appropriate Minister may make regulations] to lay down the necessary rules concerning that information F56....]

Textual Amendments

F3Article 8U.K.

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Article 9U.K.

[F57The appropriate Minister] may charge to keepers the costs of the systems referred to in Article 3 and of the controls referred to in this title.

[F27Article 9aU.K. Training

[F58The appropriate Minister] shall ensure that any person responsible for the identification and registration of animals has received instructions and guidance on the relevant provisions of this Regulation and of any delegated and implementing acts [F59that were adopted by the Commission pursuant to this Regulation prior to exit day.].

Whenever the relevant provisions are amended, the corresponding information shall be made available to the person referred to in the first subparagraph.

Member States shall ensure that appropriate training courses are available.

F60...]

[F61Article 9bU.K.Regulations

1.Regulations made by the Secretary of State or the Welsh Ministers under this Title are to be made by statutory instrument.

2.For regulations made under this Title by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010.

4.A statutory instrument containing regulations made by the Secretary of State under this Title is subject to annulment in pursuance of a resolution of either House of Parliament.

5.A statutory instrument containing regulations made by the Welsh Ministers under this Title is subject to annulment in pursuance of a resolution of the Welsh Parliament.

6.Regulations made by the Scottish Ministers under this Title are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

8.Regulations made under this Title may—

(a)contain consequential, incidental, supplementary, transitional or saving provision, including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018);

(b)make different provision for different purposes.

9.Before making any regulations under this Title the appropriate Minister must consult—

(a)such bodies or persons as appear to the appropriate Minister to be representative of the interests likely to be substantially affected by the regulations;

(b)such other bodies or persons as the appropriate Minister may consider appropriate.]

F3Article 10U.K.

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(1)

OJ L 355, 5.12.1992, p. 1. Regulation as last amended by Regulation (EC) No 1036/1999 (OJ L 127, 21.5.1999, p. 4).