Council Regulation (EC) No 21/2004Show full title

Article 1 U.K.

1. [F1 The appropriate Minister] shall establish a system for the identification and registration of ovine and caprine animals in accordance with the provisions of this Regulation.

2. This Regulation shall apply without prejudice to [F2 rules set out in retained EU direct legislation] which may be established for disease eradication or control purposes, and without prejudice to Directive 91/496/EEC and Regulation (EC) No 1782/2003.

Textual Amendments

F1 Words in Art. 1(1) substituted (31.12.2020) by The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(2)(i); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 1(2) substituted (31.12.2020) by The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(2)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 2 U.K.

For the purpose of this Regulation:

(a)

‘animal’ shall mean any animal of the ovine or caprine species;

(b)

‘holding’ shall mean any establishment, any structure, or in the case of free-range farming, any environment, in which animals are held, reared or handled on a permanent or temporary basis, except veterinary practices or clinics;

(c)

‘keeper’ shall mean any natural or legal person with responsibility for animals, even temporarily, except veterinary practices or clinics;

(d)

‘competent authority’ shall mean the F3 ... authority or authorities [F4 whose functions include] carrying out veterinary checks and implementing this Regulation, or, in the case of monitoring for premiums, the authority [F5 whose functions include] implementing Regulation (EC) No 1782/2003;

[F6 (g) for the meaning of ‘the appropriate Minister’ see Article 2a.]

[F7 (e) ‘the appropriate Minister’ means:

(i) in relation to England, the Secretary of State;

(ii) in relation to Wales, the Welsh Ministers;

(iii) in relation to Scotland, the Scottish Ministers.

[F7 (f) ‘third country’ means any country or territory other than:

(i) the United Kingdom;

(ii) the Bailiwick of Jersey;

(iii) the Bailiwick of Guernsey;

(iv) the Isle of Man; or

(v) a Member State.]]

Textual Amendments

F3 Word in Art. 2(d) omitted (31.12.2020) by virtue of The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(3)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 2(d) substituted (31.12.2020) by The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(3)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 2(d) substituted (31.12.2020) by The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(3)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F6 Art. 2(g) inserted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 5(2) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)

F7 Art. 2(e)(f) substituted for Art. 2(e) (31.12.2020) by The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(3)(b) (as amended by S.I. 2020/1388, regs. 1(2)(a), 33(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)

[F8 Article 2a U.K. Definition of 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.]

Textual Amendments

F8 Art. 2a inserted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 5(3) (with reg. 12) (as amended by S.I. 2020/1463, regs. 1(2)(a), 6(4)(a)); 2020 c. 1, Sch. 5 para. 1(1)

Article 3 U.K.

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

(a) means of identification to identify each animal;

(b) up-to-date registers kept on each holding;

(c) movement documents;

(d) a central register or a computer database.

[F9 2. The appropriate Minister and the competent authority shall have access to all information covered by this Regulation. The appropriate Minister shall take the measures necessary to ensure access to that information for all parties having an interest, including consumers organisations recognised by the appropriate Minister, provided that the data protection and confidentiality requirements prescribed by national law are complied with.]

Textual Amendments

F9 Art. 3(2) substituted (31.12.2020) by The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(4); 2020 c. 1, Sch. 5 para. 1(1)

Article 4 U.K.

1. All animals on a holding born after 9 July 2005 [F10 or for Bulgaria, Romania and Croatia the respective date of accession] shall be identified in accordance with paragraph 2 within a period to be determined by the [F11 appropriate Minister] as from the birth of the animal and in any case before the animal leaves the holding on which it was born. That period shall not be longer than six months.

By way of derogation [F12 the appropriate Minister] may extend the period, which may not, however, exceed nine months, for animals kept in extensive or free-range farming conditions.F13 ... F14 ...

2. (a) Animals shall be identified by a first means of identification which complies with the requirements of Section A.1 to A.3 of the Annex, and,

(b) by a second means of identification approved by the competent authority and conforming to the technical characteristics listed in Section A.4 of the Annex.

(c) However, until the date referred to in Article 9(3), the second means of identification may be replaced by the system set out in Section A.5 of the Annex, except in the case of animals involved in [F15 export to a Member State].

F16 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. However for animals intended for slaughter before the age of 12 months and intended neither for [F15 export to a Member State] nor for export to third countries, the identification method described in Section A.7 of the Annex may be authorised by the competent authority as an alternative to the means of identification mentioned in paragraph 2.

4. Any animal imported from a third country, which has undergone after 9 July 2005 [F10 or for Bulgaria, Romania and Croatia the respective date of accession] the checks laid down by Directive 91/496/EEC and which remains within the territory of [F17 Great Britain] shall be identified, in accordance with paragraph 2, at the holding of destination where livestock farming is carried out within a period, to be determined by the [F18 appropriate Minister], of no more than 14 days from undergoing those checks and, in any event, before leaving the holding.

The original identification established by the third country shall be recorded in the holding register provided for in Article 5 together with the identification code allocated to it by the [F19 competent authority].

However, the identification provided for in paragraph 1 is not necessary for an animal intended for slaughter if the animal is transported directly from the veterinary border inspection post to a slaughterhouse F20 ... where the checks referred to in the first subparagraph are carried out and the animal is slaughtered within five working days of undergoing those checks.

5. Any animal originating in [F21 a] Member State shall retain its original identification.

6. No means of identification may be removed or replaced without the permission of the competent authority. Where a means of identification has become illegible or has been lost, a replacement bearing the same code shall be applied as soon as possible in accordance with this Article. In addition to the code and distinct from it, the replacement may bear a mark with the version number of the replacement.

However, the competent authority may, under its control, allow the replacement means of identification to bear a different code, provided that the objective of traceability is not compromised, in particular in the case of animals identified in accordance with paragraph 3.

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

F22 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9. Until the date referred to in Article 9(3), [F23 where the appropriate Minister has] introduced electronic identification on a voluntary basis in accordance with the provisions of Section A.4 and A.6 of the Annex [F24 , the appropriate Minister] shall ensure that the individual electronic identification number and the characteristics of the means used are mentioned in the relevant certificate pursuant to Directive 91/68/EEC accompanying animals involved in [F15 export to a Member State].

Textual Amendments

F10 Substituted by Council Regulation (EU) No 517/2013 of 13 May 2013 adapting certain regulations and decisions in the fields of free movement of goods, freedom of movement for persons, company law, competition policy, agriculture, food safety, veterinary and phytosanitary policy, transport policy, energy, taxation, statistics, trans-European networks, judiciary and fundamental rights, justice, freedom and security, environment, customs union, external relations, foreign, security and defence policy and institutions, by reason of the accession of the Republic of Croatia.

F11 Words in Art. 4(1) substituted (31.12.2020) by The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Art. 4(1) substituted (31.12.2020) by The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(5)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 4(1) omitted (31.12.2020) by virtue of The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(5)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Art. 4(1) omitted (31.12.2020) by virtue of The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 5(4) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Art. 4 substituted (31.12.2020) by The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F16 Art. 4(2)(d) omitted (31.12.2020) by virtue of The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(5)(d); 2020 c. 1, Sch. 5 para. 1(1)

F17 Words in Art. 4(4) substituted (31.12.2020) by The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(5)(e)(i)(aa) (as substituted by S.I. 2020/1388, regs. 1(2)(a), 33(3)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F18 Words in Art. 4(4) substituted (31.12.2020) by The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(5)(e)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F19 Words in Art. 4(4) substituted (31.12.2020) by The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(5)(e)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in Art. 4(4) omitted (31.12.2020) by virtue of The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(5)(e)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F21 Word in Art. 4(5) substituted (31.12.2020) by The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(5)(f); 2020 c. 1, Sch. 5 para. 1(1)

F22 Art. 4(8) omitted (31.12.2020) by virtue of The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(5)(g); 2020 c. 1, Sch. 5 para. 1(1)

F23 Words in Art. 4(9) substituted (31.12.2020) by The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(5)(h)(i); 2020 c. 1, Sch. 5 para. 1(1)

F24 Words in Art. 4(9) inserted (31.12.2020) by The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(5)(h)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 5 U.K.

1. Each keeper of animals, with the exception of the transporter, shall keep an up-to-date register containing at least the information listed in Section B of the Annex.

2. [F25 This article does not prevent the exercise by the appropriate Minister of any power to] require keepers to enter further information in the register referred to in paragraph 1, in addition to that listed in Section B of the Annex.

3. The register shall be in a format approved by the competent authority, kept in manual or computerised form, and be available at all times on the holding and 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.

4. By way of derogation from paragraph 1, the register of information required by Section B of the Annex shall be optional F26 ... where a centralised computer database which already contains this information is operational.

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

F27 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F25 Words in Art. 5(2) substituted (31.12.2020) by The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

F26 Words in Art. 5(4) omitted (31.12.2020) by virtue of The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

F27 Art. 5(6) omitted (31.12.2020) by virtue of The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(6)(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 6 U.K.

1. As from 9 July 2005 [F10 or for Bulgaria, Romania and Croatia the respective date of accession] whenever an animal is moved within the national territory between two separate holdings, it shall be accompanied by a movement document based on a model drawn up by the competent authority, containing at least the minimum information listed in Section C of the Annex, and completed by the keeper if the competent authority has not already done this.

2. [F28 The appropriate Minister] may enter further information, in addition to that contained in Section C of the Annex, on the movement document referred to in paragraph 1, or require that such information be entered.

3. The keeper at the holding of destination shall keep the movement document for a minimum period to be determined by the competent authority but which may not be less than three years. On request, he shall supply the competent authority with a copy thereof.

4. By way of derogation from paragraph 1, the movement document shall be optional F29 ... where a centralised computer database containing at least the information required by Section C of the Annex, except for the keeper's signature, is operational.

F30 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Substituted by Council Regulation (EU) No 517/2013 of 13 May 2013 adapting certain regulations and decisions in the fields of free movement of goods, freedom of movement for persons, company law, competition policy, agriculture, food safety, veterinary and phytosanitary policy, transport policy, energy, taxation, statistics, trans-European networks, judiciary and fundamental rights, justice, freedom and security, environment, customs union, external relations, foreign, security and defence policy and institutions, by reason of the accession of the Republic of Croatia.

F28 Words in Art. 6(2) substituted (31.12.2020) by The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(7)(a); 2020 c. 1, Sch. 5 para. 1(1)

F29 Words in Art. 6(4) omitted (31.12.2020) by virtue of The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(7)(b); 2020 c. 1, Sch. 5 para. 1(1)

F30 Art. 6(5) omitted (31.12.2020) by virtue of The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(7)(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 7 U.K.

1. [F31 The appropriate Minister] shall ensure that the competent authority has a central register of all the holdings relating to keepers of animals in their territory except transporters.

2. The register shall include the identification code of the holding or, if authorised by the competent authority, that of the keeper, other than transporter, the occupation of the keeper, the type of production (meat or milk) and the species kept. If the keeper keeps animals permanently, he shall make an inventory of the animals kept at regular intervals fixed by the competent authority F32 ... and in any case at least annually.

3. A holding shall remain on the central register until three consecutive years have elapsed with no animals on the holding. With effect from 9 July 2005 [F10 or for Bulgaria, Romania and Croatia the respective date of accession] the register shall be included in the computer database referred to in Article 8(1).

Textual Amendments

F10 Substituted by Council Regulation (EU) No 517/2013 of 13 May 2013 adapting certain regulations and decisions in the fields of free movement of goods, freedom of movement for persons, company law, competition policy, agriculture, food safety, veterinary and phytosanitary policy, transport policy, energy, taxation, statistics, trans-European networks, judiciary and fundamental rights, justice, freedom and security, environment, customs union, external relations, foreign, security and defence policy and institutions, by reason of the accession of the Republic of Croatia.

F31 Words in Art. 7(1) substituted (31.12.2020) by The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(8)(a); 2020 c. 1, Sch. 5 para. 1(1)

F32 Words in Art. 7(2) omitted (31.12.2020) by virtue of The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(8)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 8 U.K.

1. As from 9 July 2005 [F10 or for Bulgaria, Romania and Croatia the respective date of accession] the competent authority F33 ... shall set up a computer database in accordance with Section D.1 of the Annex.

2. Each keeper of animals, with the exception of the transporter, shall, within a period of 30 days as regards information relating to the keeper or the holding and within a period of seven days as regards information relating to movements of animals, provide the competent authority with:

(a) the information for entry in the central register and the outcome of the inventory, mentioned in Article 7(2), and the information required for the setting up of the database referred to in paragraph 1;

(b) [F34 where] the derogation referred to in Article 6(4) [F35 is applied], each time an animal is moved, the details of the movement, as set out in the movement document referred to in Article 6.

3. The competent authority F36 ... may, if it so wishes, set up a computer database containing at least the information listed in Section D.2 of the Annex.

4. [F37 The appropriate Minister] may enter in the computer database referred to in paragraphs 1 and 3 further information in addition to that listed in Sections D.1 and D.2 of the Annex.

5. As from 1 January 2008, [F38 or for Croatia the date of accession,] the database referred to in paragraph 3 shall be obligatory.

Textual Amendments

F10 Substituted by Council Regulation (EU) No 517/2013 of 13 May 2013 adapting certain regulations and decisions in the fields of free movement of goods, freedom of movement for persons, company law, competition policy, agriculture, food safety, veterinary and phytosanitary policy, transport policy, energy, taxation, statistics, trans-European networks, judiciary and fundamental rights, justice, freedom and security, environment, customs union, external relations, foreign, security and defence policy and institutions, by reason of the accession of the Republic of Croatia.

F33 Words in Art. 8(1) omitted (31.12.2020) by virtue of The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(9)(a); 2020 c. 1, Sch. 5 para. 1(1)

F34 Word in Art. 8(2)(b) substituted (31.12.2020) by The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(9)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F35 Words in Art. 8(2)(b) inserted (31.12.2020) by The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(9)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F36 Words in Art. 8(3) omitted (31.12.2020) by virtue of The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(9)(c); 2020 c. 1, Sch. 5 para. 1(1)

F37 Words in Art. 8(4) substituted (31.12.2020) by The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(9)(d); 2020 c. 1, Sch. 5 para. 1(1)

F38 Inserted by Council Regulation (EU) No 517/2013 of 13 May 2013 adapting certain regulations and decisions in the fields of free movement of goods, freedom of movement for persons, company law, competition policy, agriculture, food safety, veterinary and phytosanitary policy, transport policy, energy, taxation, statistics, trans-European networks, judiciary and fundamental rights, justice, freedom and security, environment, customs union, external relations, foreign, security and defence policy and institutions, by reason of the accession of the Republic of Croatia.

Article 9 U.K.

F39 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F40 3. As from 31 December 2009, [F38 or for Croatia the date of accession,] electronic identification according to the guidelines referred to in [F41 Commission Decision (EC) No 2006/968 implementing Council Regulation (EC) No 21/2004 as regards guidelines and procedures for the electronic identification of ovine and caprine animals], and in accordance with the relevant provisions of Section A of the Annex, shall be obligatory for all animals.]

[F42 However, if the total number of ovine and caprine animals in Great Britain is 600 000 or less, the appropriate Minister may make such electronic identification optional for animals not involved in export to the European Union.]

[F42 If the total number of caprine animals in Great Britain is 160 000 or less the appropriate Minister may also make such electronic identification optional for caprine animals not involved in export to the European Union.]

F43 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F38 Inserted by Council Regulation (EU) No 517/2013 of 13 May 2013 adapting certain regulations and decisions in the fields of free movement of goods, freedom of movement for persons, company law, competition policy, agriculture, food safety, veterinary and phytosanitary policy, transport policy, energy, taxation, statistics, trans-European networks, judiciary and fundamental rights, justice, freedom and security, environment, customs union, external relations, foreign, security and defence policy and institutions, by reason of the accession of the Republic of Croatia.

F39 Art. 9(1)(2) omitted (31.12.2020) by virtue of The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 5(5)(a) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)

F40 Substituted by Council Regulation (EC) No 1560/2007 of 17 December 2007 amending Regulation (EC) No 21/2004 as regards the date of introduction of electronic identification for ovine and caprine animals.

F41 Words in Art. 9(3) substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 5(5)(b) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)

F42 Words in Art. 9(3) substituted (31.12.2020) by The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(10)(a) (as amended by S.I. 2020/1388, regs. 1(2)(a), 33(3)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F43 Art. 9(4) omitted (31.12.2020) by virtue of The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(10)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 10 U.K.

1. Amendments to the Annexes and measures necessary for the implementation of this Regulation [F44 may be made by regulations by the appropriate Minister].

These measures shall concern in particular:

(a) the minimum level of checks to be carried out;

(b) the application of administrative penalties;

(c) the necessary transitional provisions for the start-up period of the system.

2. [F45 The appropriate Minister may update the following data]:

(a) the deadlines for providing the information referred to in Article 8(2);

(b) the demographic thresholds for livestock referred to in the second and third subparagraphs of Article 9(3).

Textual Amendments

F44 Words in Art. 10(1) substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 5(6)(a) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)

F45 Words in Art. 10(2) substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 5(6)(b) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)

Article 11 U.K.

F46 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. [F47 The appropriate Minister] shall ensure that any person responsible for the identification and registration of animals has received instruction and guidance on the relevant provisions of the Annex, and that appropriate training courses are available.

Textual Amendments

F46 Art. 11(1) omitted (31.12.2020) by virtue of The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(11)(a); 2020 c. 1, Sch. 5 para. 1(1)

F47 Words in Art. 11(2) substituted (31.12.2020) by The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(11)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 12 U.K.

1. [F48 The appropriate Minister] shall take all the necessary measures to ensure compliance with the provisions of this Regulation. F49 ...

2. [F50 The appropriate Minister] shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.

F51 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F51 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F51 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F51 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F52 7. The appropriate Minister may make regulations setting out detailed rules for the application of this Article.]

Textual Amendments

F48 Words in Art. 12(1) substituted (31.12.2020) by The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(12)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F49 Words in Art. 12(1) omitted (31.12.2020) by virtue of The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(12)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F50 Words in Art. 12(2) substituted (31.12.2020) by The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(12)(b); 2020 c. 1, Sch. 5 para. 1(1)

F51 Art. 12(3)-(6) omitted (31.12.2020) by virtue of The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(12)(c); 2020 c. 1, Sch. 5 para. 1(1)

F52 Art. 12(7) substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 5(7) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)

[F53 Article 12a U.K. Regulations

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

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

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8. Regulations made under this Regulation 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 Regulation 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.]

Textual Amendments

F53 Art. 12a inserted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 5(8) (with reg. 12) (as amended by S.I. 2020/1463, regs. 1(2)(a), 6(4)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F54 Article 13 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F54 Article 13 omitted (31.12.2020) by virtue of The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(13); 2020 c. 1, Sch. 5 para. 1(1)

Article 14 U.K.

Regulation (EEC) No 1782/2003 is hereby amended as follows:

1.

Article 18(2) shall be replaced by the following:

‘2. In the event of Articles 67, 68, 69, 70 and 71 being applied, the integrated system shall incorporate a system for the identification and registration of animals set up in accordance, on the one hand, with Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals(1) and regarding the labelling of beef and beef products and, on the other hand, with Council Regulation (EC) No 21/2004 of 17 December 2003 establishing a system for the identification and registration of ovine and caprine animals(2).’;

2.

in Article 25(2) the second subparagraph shall be replaced by the following:

‘These systems, and notably the system for identification and registration of animals set up in accordance with Directive 92/102/EEC, Regulation (EC) No 1760/2000 and Council Regulation (EC) No 21/2004 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EEC) No 1782/2003, shall be compatible, within the meaning of Article 26 of this Regulation, with the integrated system.’;

3.

Article 115(2) shall be replaced by the following:

‘2. Once Council Regulation (EC) No 21/2004 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EEC) No 1782/2003 becomes applicable, to qualify for the premium an animal shall be identified and registered in accordance with these rules.’;

4.

the following point 8a shall be added to Section A of Annex III:

‘8a.

Council Regulation (EC) No 21/2004 of 17 December 2003 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64/432/EEC (OJ L 5, 9.1.2004, p. 8).

Articles 3, 4 and 5’

Article 15 U.K.

Directive 92/102/EEC shall be amended as follows:

1.

Article 2(a) shall be replaced by the following:

‘(a)

animal shall mean any animal of the species referred to in Directive 64/432/EEC(3) other than bovine animals.’

2.

Article 3(2) shall be replaced by the following:

‘Member States may be authorised under the procedure laid down in Article 18 of Directive 90/425/EEC to exclude from the list in paragraph 1(a) natural persons who keep one single pig which is intended for their own use or consumption, or to take account of particular circumstances, provided that this animal is subjected to the controls laid down in this Directive before any movement.’;

3.

Article 4 shall be amended as follows:

(a)

paragraph 1(a) shall be amended as follows:

• in the first subparagraph, the words ‘bovine or’ shall be deleted,

• in the second subparagraph, the words ‘of all births, deaths and movements’ shall be replaced by ‘of movements’,

• the fourth subparagraph shall be deleted;

(b)

paragraph 1(b) shall be deleted;

(c)

the first subparagraph of paragraph 3(b) shall be replaced by the following:

‘any keeper of animals to be moved to or from a market or collection centre provides a document, containing details of the animals in question, to the operator, on the market or in the collection centre, who is a keeper of the animals on a temporary basis.’;

4.

Article 5 shall be amended as follows:

(a)

paragraph 2 shall be deleted;

(b)

paragraph 3 shall be amended as follows:

• in the first subparagraph, the words ‘other than bovine animals’ shall be deleted,

• the second subparagraph shall be replaced by the following text:

  ‘Member States may, pending the decision provided for in Article 10 of this Directive and by derogation from the second subparagraph of Article 3(1)(c) of Directive 90/425/EEC, apply their national systems for all movements of animals in their territories. Such systems must enable the holding from which they came and the holding on which they were born to be identified. Member States shall notify the Commission of the systems which they intend to introduce for this purpose, as from 1 July 1993 for pigs. In accordance with the procedure laid down in Article 18 of Directive 90/425/EEC, a Member State may be asked to make amendments to its system where it does not fulfil the aforementioned requirement.’,

• the fourth subparagraph shall be deleted;

(c)

paragraph 4 shall be deleted;

5.

the first and third indents of Article 11(1) shall be deleted.

[X1 Article 16 U.K.

Article 3(2)(c) of Directive 64/432/EEC shall be replaced by the following text:

‘(c)

be identified in accordance with the provisions of Directive 92/102/EEC, in the case of swine and in accordance with the provisions of Regulation (EC) No 1760/2000 in the case of bovine animals.’]

Editorial Information

X1 Substituted by Corrigendum to Council Regulation (EC) No 21/2004 of 17 December 2003 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64/432/EEC (Official Journal of the European Union L 5 of 9 January 2004).

Article 17 U.K.

This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.

Articles 14, 15 and 16 shall apply with effect from 9 July 2005.

F55 ...

Textual Amendments

F55 Words in signature omitted (31.12.2020) by virtue of The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/814), regs. 1, 10(14); 2020 c. 1, Sch. 5 para. 1(1)