Commission Regulation (EC) No 504/2008 (repealed)Show full title

CHAPTER III U.K. CHECKS REQUIRED PRIOR TO ISSUE OF IDENTIFICATION DOCUMENTS AND TRANSPONDERS

Article 9 U.K. Verification of single identification documents issued for equidae

Before issuing an identification document, the issuing body, or the person acting on its behalf, shall take all appropriate measures to:

(a)

verify that no such identification document has already been issued for the equine animal concerned;

(b)

prevent the fraudulent issuing of multiple identification documents for an individual equine animal.

Those measures shall at least involve consulting the appropriate papers and electronic records available, checking the animal for any signs or marks indicative of any previous identification and applying the measures provided for in Article 10.

Article 10 U.K. Measures to detect previous active marking of equidae

1. The measures referred to in Article 9 shall include, at least, measures to detect:

(a) any transponder previously implanted, using a reading device complying with ISO standard 11785 and capable of reading HDX and FDX-B transponders at least when the reader is in direct contact with the body surface on the spot where under normal circumstances a transponder is implanted;

(b) any clinical signs indicating that a transponder previously implanted has been surgically removed;

(c) any other alternative mark on the animal applied in accordance with Article 12(3)(b).

2. Where the measures provided for in paragraph 1 indicate the existence of a previously implanted transponder, or any other alternative mark applied in accordance with Article 12(3)(b), the issuing body shall take the following measures:

(a) in the case of equidae born in a Member State, it shall issue a duplicate or replacement identification document in accordance with Articles 16 or 17;

(b) in the case of imported equidae, it shall act in accordance with Article 8(2).

3. Where the measures provided for in paragraph 1(b) indicate the existence of a transponder previously implanted, or the measures provided for in paragraph 1(c) indicate the existence of any other alternative mark, the issuing body shall enter this information in an appropriate way in Part A and in the outline diagram in Part B of Section I of the identification document.

4. Where the undocumented removal of a transponder or alternative mark referred to in paragraph 3 of this Article is confirmed in an equine animal born in the Community, the issuing body, as referred to in Article 4(1) or (3), shall issue a replacement identification document in accordance with Article 17.

Article 11 U.K. Electronic methods of identity verification

1. The issuing body shall ensure that at the time it is first identified, the equine animal is actively marked by the implantation of a transponder.

Member States shall lay down the minimum qualification required for the intervention referred to in the first subparagraph or designate the person or profession entrusted with such operations.

2. The transponder shall be implanted parenterally under aseptic conditions between poll and withers in the middle of the neck in the area of the nuchal ligament.

However, the competent authority may authorise the implantation of the transponder at a different place on the neck of the equine animal, provided that such alternative implantation does not compromise the welfare of the animal and does not increase the risk of migration of the transponder compared to the method referred to in the first subparagraph.

3. When the transponder is implanted in accordance with paragraphs 1 and 2, the issuing body shall enter the following information in the identification document:

(a) in point 5 of Part A of Section I, at least the last 15 digits of the code transmitted by the transponder and displayed by the reader following implantation, together with, where appropriate, a self-adhesive sticker with a bar code or a print of that bar code encoding at least those last 15 digits of the code transmitted by the transponder;

(b) in point 11 of Part A of Section I, the signature and stamp of the person referred to in paragraph 1 who carried out the identification and implanted the transponder;

(c) in points 12 or 13 of the outline diagram in Part B of Section I, depending on the side where the transponder was implanted, the place where the transponder has been implanted into the equine animal.

4. By way of derogation from paragraph 3(a) of this Article, where the measures provided for in Article 26(2) are implemented for an equine animal marked with a previously implanted transponder which does not comply with the standards defined in Article 2(2)(b), the name of the manufacturer or the reading system shall be inserted in point 5 of Part A of Section I in the identification document.

5. Where Member States lay down rules to ensure, in accordance with the standards referred to in Article 2(2)(b), the uniqueness of the numbers displayed by the transponders implanted by issuing bodies referred to in Article 4(1)(a) that are approved in accordance with Decision 92/353/EEC by the competent authorities of that Member State, those rules shall be applied without compromising the system of identification laid down by the issuing body in another Member State or third country that carried out the identification in accordance with this Regulation on request of the keeper or, where specifically required by law in the Member State where the animal is born, of the owner.

Article 12 U.K. Alternative methods for identity verification

1. By way of derogation from Article 11(1), Member States may authorise the identification of equidae by suitable alternative methods, including marks, that provide equivalent scientific guarantees that, alone or in combination, ensure that the identity of the equine animal can be verified and that effectively prevent the double issuing of identification documents (alternative method).

The issuing body shall ensure that no identification document is issued for an equine animal, unless the alternative method referred to in the first subparagraph is entered in point 6 or 7 of Part A of Section I of the identification document and recorded in the database in accordance with Article 21(1)(f).

2. Where an alternative method is used, the keeper shall provide the means of accessing that identification information or shall, if applicable, bear the costs of verifying the identity of the animal.

3. Member States shall ensure that:

(a) alternative methods as the sole means of the identity verification of equidae are not used in the majority of equidae identified in accordance with this Regulation;

(b) visible marks applied to equidae for breeding and production cannot be confused with those reserved on their territory for registered equidae.

4. Member States intending to make use of the derogation provided for in paragraph 1 shall make this information available to the Commission, other Member States and the public on a website.

In order to assist the Member States in making that information available, the Commission shall provide a website to which each Member State shall provide a link to its national website.