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Commission Implementing Regulation (EU) 2015/262Show full title

Commission Implementing Regulation (EU) 2015/262 of 17 February 2015 laying down rules pursuant to Council Directives 90/427/EEC and 2009/156/EC as regards the methods for the identification of equidae (Equine Passport Regulation) (Text with EEA relevance)

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CHAPTER IU.K. SUBJECT MATTER, SCOPE, DEFINITIONS, GENERAL PRINCIPLES

Article 1U.K.Subject matter and scope

1.This Regulation lays down rules on the identification of equidae:

(a)born in [F1Great Britain]; or

(b)released for free circulation in [F2Great Britain.].

2.This Regulation shall apply without prejudice to Decision 96/78/EC.

Textual Amendments

Article 2U.K.Definitions

For the purposes of this Regulation, the following definitions shall apply:

(a)

‘equidae’ or ‘equine animal(s)’ means wild or domesticated soliped mammals of all species within the genus Equus of the family Equidae, and their crosses;

(b)

‘holding’ means an agricultural or training establishment, a stable or any premises or facilities in which equidae are habitually kept or bred, for whatever use, and nature reserves in which equidae live in freedom;

(c)

‘keeper’ means any natural or legal person having possession of, or being charged with, the keeping of equidae, whether or not for financial reward, and whether on a temporary or permanent basis, including during transportation, at markets, or during competitions, races or cultural events;

(d)

‘owner’ means the natural or legal person(s) having the ownership of the equine animal;

(e)

‘registered equidae’ means any equidae which are:

(i)

[F3entered or registered and eligible for entry in a studbook, in accordance with the rules laid down by Articles 4(3), 19(4), 30(9) and (10), 32, 33 and 34(1)(c) of, and Annex 1, Part 1 of Annex 2 and Annex 5 to—

  • — in relation to the United Kingdom, Regulation 2016/1012 of the European Parliament and of the Council”,

  • — in relation to member States, Regulation (EU) 2016/1012 of the European Parliament and of the Council as it has effect in EU law, as amended from time to time,

and identified by means of an identification document issued by a competent authority, or]

(ii)

horses, including ponies, registered with an international association or organisation, which manages horses for competition or racing and identified by means of an identification document issued by the national branch of that association or organisation;

(f)

‘studbook’ means any book, register, file or data medium:

(i)

which is maintained either by an organisation or an association officially approved or recognised [F4by the appropriate authority, by the zootechnical authority in Northern Ireland or] by a Member State or maintained by an official agency of [F5the United Kingdom or of] the Member State concerned; and

(ii)

in which equidae are entered or registered and eligible for entry with a mention of all their known ascendants;

(g)

‘equidae for breeding and production’ means equidae other than those referred to in points (e) and (h);

(h)

‘equidae for slaughter’ means equidae intended to be transported [F6to the slaughterhouse for slaughter, either directly or through an approved marshalling centre, referred to in—

(i)

Article 2(b) of Council Regulation 1/2005/EC, or

(ii)

in relation to intended slaughter in a member State or in Northern Ireland, Council Regulation 1/2005/EC, as that Regulation has effect in EU law, as amended from time to time;]

(i)

[F7‘competent authority’ means—

(i)

in Great Britain, the appropriate authority or any other authority to which the competence of that authority has been conferred, including an official veterinarian;

(ii)

in a member State, the central authority of the member State competent for the organisation of official controls or any other authority to which that competence has been conferred, including the competent authority referred to in point (h) of Article 2 of Directive 2009/156/EC, as amended from time to time (‘the EU Directive’);

(iii)

in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs or any other authority to which the competence of that authority has been conferred, including the competent authority referred to in point (h) of the EU Directive;]

(j)

[F8‘zootechnical authority’ means—

(i)

in Great Britain, the appropriate authority or any other authority to which the competence of that authority has been conferred, including any organisation or association which maintains or establishes a stud-book;

(ii)

in a member State, the central authority competent for the implementation of Council Directive 90/427/EEC, as amended from time to time, or any authority to which that competence has been conferred, including the authorities referred to in Article 2(1) of Commission Decision 92/353/EEC, as that Decision has effect in EU law, as amended from time to time;

(iii)

in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs or any other authority to which the competence of that authority has been conferred, including any organisation or association which maintains or establishes a stud-book;]

(k)

[F9‘temporary admission’ means the status of a registered horse coming from a third country and admitted into Great Britain for a period of days pursuant to—

(i)

Article 3(1)(a) of Regulation 2018/659 on the conditions for the entry into the Union of live equidae and of semen, ova and embryos of equidae;

(ii)

a Decision adopted in accordance with Article 19(b) of the EU Directive;]

(l)

F10...

(m)

‘mark’ means any visible or viewable and distinguishing characteristic of an individual equine animal, which is either inherent or acquired, and recorded for identification purposes;

(n)

‘transponder’ means a read-only passive radio-frequency identification device:

(i)

complying with standard ISO 11784 and applying Full Duplex (FDX or FDX-B) or Half Duplex (HDX) technology; and

(ii)

capable of being read by a reading device compatible with standard ISO 11785, at a minimum distance of 12 cm;

(o)

‘unique life number’ means a unique 15-digit alpha-numeric code compiling information on the individual equine animal and the database and country where such information is first recorded in accordance with the coding system of the Universal Equine Life Number (UELN) and comprising:

(i)

a six-digit UELN-compatible identification code for the database referred to in Article 39; followed by

(ii)

a nine-digit individual identification number assigned to the equine animal;

(p)

F11...

(q)

‘compulsorily notifiable diseases’ means the diseases listed in Annex I to Directive 2009/156/EC;

(r)

‘official veterinarian’ means the veterinarian designated by [F12a competent authority of the United Kingdom,] the competent authority of a Member State or of a third country;

(s)

‘smart card’ means a plastic device with an embedded computer chip capable of storing data and transmitting them electronically to compatible computer systems;

(t)

‘veterinarian responsible’ means the [F13veterinary surgeon referred to in Schedule 4 to the Veterinary Medicines Regulations 2013 or, in Northern Ireland or a member State, the] veterinarian referred to in Article 10(1) of Directive 2001/82/EC [F14as that Directive has effect in EU law, as amended from time to time].

(u)

[F15‘third country’ means a country other than the British Islands or a member State;

(v)

‘constituent territory of the United Kingdom free of African horse sickness’ means a constituent territory of the United Kingdom in which—

(i)

there has been no clinical, serological (in unvaccinated equidae) or epidemiological evidence of African horse sickness on the territory concerned in the previous 2 years, and

(ii)

there have been no vaccinations against that disease during the previous 12 months;

(w)

‘constituent territory of the United Kingdom’ means England, Wales, Scotland, or Northern Ireland;

(wa)

‘constituent territory of Great Britain’ means England, Wales or Scotland;

(x)

‘appropriate authority’ means—

(i)

in relation to England, the Secretary of State;

(ii)

in relation to Scotland, the Scottish Ministers;

(iii)

in relation to Wales, the Welsh Ministers;

(y)

‘the EU Regulation’ means Commission Implementing Regulation (EU) 2015/262, as that Regulation has effect in EU law, as amended from time to time.]

Textual Amendments

Article 3U.K.General principles and obligation to identify equidae

1.Equidae living in [F16Great Britain] shall be identified in accordance with this Regulation.

2.Where the keeper is not the owner or one of the owners of the equine animal, it shall act in accordance with this Regulation on behalf of and in agreement with the owner.

F173.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.[F18The appropriate authority] shall ensure, where appropriate through official controls in accordance with Regulation [F19(EU) 2017/625], that keepers of equine animals and issuing bodies fulfil their obligations under this Regulation.

Textual Amendments

Article 4U.K.The F20... system for equine identification [F21in Great Britain]

1.For the purpose of this Regulation, the F22... system for the identification of equidae [F23in Great Britain] shall be comprised of the following elements:

(a)a single lifetime identification document which, unless otherwise provided by the issuing body or provided for in this Regulation, shall remain the property of the issuing body that issued it, and which contains:

(i)

a narrative describing the equine animal and recording its marks;

(ii)

a completed outline diagram depicting the marks recorded in the narrative;

(iii)

a space for authorised entries describing modifications to the identification details;

(b)a method of identity verification which:

(i)

ensures an unequivocal link between the identification document and the equine animal for which it was issued;

(ii)

shows that that equine animal has already undergone a process of identification;

(c)a database recording, in accordance with Article 38, the identification details relating to the equine animal for which the identification document was issued and to the keeper who submitted the application for the identification document and at the same time assigning the unique life number to the animal;

(d)a central database set up in accordance with Article 39.

2.An equine animal shall only be deemed to be identified in accordance with this Regulation where it is:

(a)accompanied by an identification document issued in accordance with one of the following provisions:

(i)

[F24Article 9 of this Regulation or of the EU Regulation, for equidae born in the United Kingdom or the Union; or

(ii)

Article 14 of this Regulation or of the EU Regulation, for equidae imported into the United Kingdom or the Union;]

(iii)

Article 29 or 30 [F25of this Regulation or of the EU Regulation,] when accompanied by a duplicate identification document; or

(iv)

Article 32 [F26of this Regulation or of the EU Regulation,] when accompanied by a replacement identification document; or

(b)identified in accordance with:

(i)

Article 24 [F27of this Regulation or of the EU Regulation], for derogations for movements or the transport of equidae accompanied by a temporary document; or

(ii)

Article 26(2) [F28of the EU Regulation], for derogations for certain movements and transport of equidae for slaughter.

Textual Amendments

CHAPTER IIU.K.IDENTIFICATION OF EQUIDAE BORN IN [F29Great Britain]

Article 5U.K.Issuing bodies for equidae born in [F30Great Britain]

1.The identification document provided for in Article 7 shall be issued by one of the following issuing bodies:

[F31(a)for registered equidae (referred to in point of Article 2(e)(i))—

(i)by an organisation or association officially approved or recognised in accordance with Article 4(3) of Regulation (EU) 2016/1012, as it has effect in EU law, as amended from time to time,

(ii)by an official agency in a member State,

(iii)by an organisation or association officially approved or recognised in accordance with Article 4(3) of Regulation (EU) 2016/1012,

(iv)by an official agency in the United Kingdom,

which manages the studbook in which the equine animal has been entered or has been registered and is eligible for entry;]

(b)for registered horses referred to in point (e)(ii) of Article 2, by a national branch of an international organisation or association, which manages horses for competition or racing, supervised by the competent authority of the Member State [F32or constituent territory of the United Kingdom] where it has its headquarters;

(c)for equidae for breeding and production referred to in point (g) of Article 2, by:

(i)

the competent authority for the holding where the equine animal is kept at the time of its identification; or

(ii)

an issuing body designated and supervised by the competent authority referred to in point (i) to which that task was delegated.

2.The competent authority shall only designate issuing bodies referred to in paragraph 1(c)(ii) that comply with the following conditions:

(a)there must be an accurate description of the tasks and responsibilities that the issuing body is required to carry out and of the conditions in which it may carry them out;

(b)there must be proof that the issuing body:

(i)

has the expertise, equipment and infrastructure required to carry out the tasks delegated to it;

(ii)

has a sufficient number of suitably qualified and experienced staff;

(iii)

is impartial and free from any conflict of interest as regards the exercise of the tasks delegated to it;

(iv)

has a model identification document that complies with the requirements provided for in this Regulation;

(c)the issuing body must cooperate closely with the competent authority to prevent and, where necessary, to remedy any cases of non-compliance with the requirements of this Regulation;

(d)there is efficient and effective coordination between the competent authority and the designated issuing body.

3.Where the competent authority has reasonable grounds to conclude that an issuing body engages in acts that do not comply with the requirements laid down in this Regulation, it shall investigate such suspected acts of non-compliance. Identification documents may not be issued by the issuing body until such time as the investigation has been concluded and any instances of non-compliance have been ruled out or remedied.

4.Where, notwithstanding the measures carried out in accordance with paragraph 3, an issuing body referred to in paragraph 1 fails to comply with the requirements laid down in this Regulation, the competent authority shall withdraw the authorisation to issue identification documents for equidae.

Following the withdrawal of the authorisation to issue identification documents, the competent authority shall ensure that equidae under its responsibility continue to be identified in accordance with this Regulation and that the identification documents returned or returning in accordance with Article 34 are taken in custody of that competent authority or an issuing body to which this task was delegated by the competent authority.

Textual Amendments

Article 6U.K.Information concerning issuing bodies

1.[F33The appropriate authority] shall draw up and keep up-to-date the list of issuing bodies referred to in Article 5(1) and make that list available to F34... Member States, [F35the competent authority for Northern Ireland,] the other issuing bodies and the public on a website established by the competent authority.

2.The list referred to in paragraph 1 shall:

(a)include the contact details necessary to comply with the requirements of Article 35 and Articles 37(4), 38(3) and 40(1);

(b)comply with the model template set out in point (f) of Section I in Chapter 2 of Annex II to Decision 2009/712/EC and the requirements set out in Annex III to that Decision;

(c)F36... be sufficiently intuitive for non-native speakers.

[F373.The appropriate authority must make the information in the list provided for in paragraph 1 available on a website which must be directly accessible to member States, the competent authority for Northern Ireland, the public and issuing bodies.]

Textual Amendments

Article 7U.K.Format and content of identification documents issued for equidae born in [F38Great Britain]

1.Equidae born in [F39Great Britain] shall be identified by means of a single identification document for equidae issued for the lifetime of the equine animal in accordance with:

(a)the model identification document set out in Part 1 of Annex I;

(b)the additional requirements set out in Part 2 of that Annex.

2.Issuing bodies shall ensure that the identification document contains a sufficient number of pages with form fields for the insertion of the information required under the following Sections specified in the model identification document set out in Part 1 of Annex I:

(a)in the case of registered equidae, at least Sections I to IX;

(b)in the case of equidae for breeding and production, at least Sections I to IV.

3.Issuing bodies shall ensure that the order and numbering of the Sections in the identification documents as set out in Part 1 of Annex I remain unaltered and that for those Sections, providing the space for multiple entries, a sufficient number of pages is included in the identification document.

4.Issuing bodies are responsible for the secure management of blank and completed identification documents on their premises.

Where, without prejudice to Article 4(1)(a), the rules of procedure of an issuing body so allow, issuing bodies shall ensure that the identification documents referred to in Article 34(1)(c)(ii) and Article 35 are effectively invalidated to prevent any fraudulent use of the document itself and the information it contains, before the document is handed out to the owner in memory of the animal.

5.The competent authority together with the zootechnical authority may adopt administrative procedures to ensure harmonisation of the layout of identification documents issued by issuing bodies referred to in Article 5(1) under their supervision, provided the general requirements in paragraphs 1, 2 and 3 are respected.

Textual Amendments

Article 8U.K.Obligations of the competent authority as regards the issuing of identification documents for equidae born in [F40Great Britain]

The zootechnical authority and the competent authority shall ensure that on their territory the issuing bodies under their respective responsibility:

(a)

issue identification documents which comply with the requirements provided for in Article 7(1), (2) and (3);

(b)

have the necessary systems in place to verify, when required by the competent authority, whether an identification document declared to be issued by them:

(i)

is unique, genuine and authentic;

(ii)

includes, where blank identification documents are printed on stock, a serial number printed at least on the pages containing Sections I, II and III of the identification document.

Textual Amendments

Article 9U.K.Issuing of identification documents for equidae born in [F41Great Britain]

1.Issuing bodies shall only issue identification documents which:

(a)comply with the requirements of Article 7(1), (2) and (3);

(b)have Section I thereof duly completed with information verified by or on behalf of the issuing body indicated in point 11 of Part A of Section I;

(c)have Section IV thereof completed, if required by national legislation or by the rules and regulations of the issuing body referred to in point (a) and (b) of Article 5(1);

(d)have Section V thereof completed in accordance with paragraph 2 of this Article.

2.The issuing body referred to in [F42Article 5(1)(a)(iii) and (iv)] shall identify registered equidae referred to in point (e)(i) of Article 2 in accordance with the rules of the studbook referred to in that provision and complete in Section V of the identification document the information in the certificate of origin referred to in the second subparagraph of Article 8(1) of Directive 90/427/EEC and in the Annex thereto.

3.In accordance with the principles of the organisation or association which has established the studbook of the origin of the breed of the registered equine animal, Section V of the identification document shall contain:

(a)the full pedigree information;

(b)the section of the studbook referred to in Article [F4315 of Regulation (EU) 2016/1012];

(c)where established, the class of the main section of the studbook in which the registered equine animal is entered.

4.For the registration of a horse for competition or racing as referred to in point (e)(ii) of Article 2, the issuing body referred to in Article 5(1)(b) shall either:

(a)issue in accordance with points (a) and (b) of paragraph 1 and the rules of that issuing body an identification document complying with the provisions in paragraphs 1, 2 and 3 of Article 7; or

(b)recognise and validate the identification document issued for that horse in accordance with paragraph 1 of this Article; or

(c)issue a new identification document in accordance with Article 12(3)(c).

Textual Amendments

Article 10U.K.Derogation from the completion of certain information in Sections I and IV of the identification document

1.By way of derogation from Article 4(1)(a)(ii) and Article 9(1)(b), the competent authority may authorise issuing bodies not to complete by drawing the information referred to in points 12 to 18 of the outline diagram of the identification document, set out in Part B of Section I of Annex I, provided that the following two conditions are fulfilled:

(a)a transponder is implanted in accordance with Article 18F44...;

(b)a photograph or print displays sufficient details to depict the equine animal.

2.The issuing bodies referred to in Article 5(1)(a) and (b) may:

(a)not avail of the derogation granted in accordance with paragraph 1 of this Article;

(b)adapt identification documents issued in accordance with paragraph 1 of this Article to the requirements set out in Article 9(1).

3.By way of derogation from Article 9(1)(c), the information on the owner may be provided in the format of an ownership certificate or registration card recorded in the database established in accordance with Article 38 which refers to:

(a)the unique life number of the equine animal;

(b)the number of the identification document, where applied, and the transponder code F45....

The ownership certificate or registration card provided for in the first subparagraph shall be returned to the issuing body if the animal died or was sold, lost, stolen, slaughtered or killed.

Textual Amendments

Article 11U.K.Applications for identification documents for equidae born in [F46Great Britain]

[F471.Keepers must submit an application for identification documents for equidae born in Great Britain to the appropriate issuing body in Great Britain, and must provide all information necessary to comply with this Regulation.]

2.[F48The competent authority] shall set the time limits for the submission of the application provided for in paragraph 1 of this Article necessary to comply with the deadline for identification provided for in Article 12 F49....

3.By way of derogation from paragraph 1 of this Article F50..., the keeper may submit the application provided for in paragraph 1 of this Article to the appropriate issuing body as referred to in points (a) and (b) of Article 5(1) which has its headquarters in a Member State [F51or in Northern Ireland, rather than in Great Britain].

Textual Amendments

Article 12U.K.Deadline for identification of equidae born in [F52Great Britain]

1.Equidae born in [F53Great Britain] shall be identified by an identification document issued in accordance with Article 9 not later than 12 months following the date of birth and in any event before leaving permanently the holding of birth except where such movement takes place in accordance with Article 23(2)(c) as foal at foot of the dam on which the foal depends F54....

F552.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.By way of derogation from [F56paragraph 1], a new identification document may be issued in accordance with Article 9 at any time:

(a)on request of or by the competent authority, where the existing identification document does not comply with the requirements of Article 7(1),(2) and (3) or certain identification details set out in Section I, II or V have not been entered accurately by the issuing body; or

(b)where an equine animal for breeding and production is upgraded to a registered equine animal in accordance with the rules of the issuing body referred to in [F57Article 5(1)(a)(iii) and (iv)] and the existing identification document cannot be adapted accordingly; or

(c)where a horse is upgraded to or registered as a registered horse referred to in point (e)(ii) of Article 2 in accordance with the rules of the issuing body referred to in Article 5(1)(b) and the existing identification document cannot be adapted accordingly; or

(d)where an identification document is issued in accordance with Article 10(1) and cannot be adapted to the requirements of Article 9(1) in accordance with Article 10(2)(b); or

(e)in the cases referred to in Article 18(4) and (5) and the existing identification document cannot be adapted accordingly; or

(f)where the identification document is confiscated by the competent authority in the context of an investigation.

In the cases described in the first subparagraph, the existing identification document shall be surrendered to the issuing body to be invalidated and the invalidation of the existing identification document and the issuing of the new identification document shall be recorded in the database established in accordance with Article 38.

Textual Amendments

F58Article 13U.K.Derogations concerning the identification of certain equidae living under wild or semi-wild conditions

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

Textual Amendments

Textual Amendments

CHAPTER IIIU.K.IDENTIFICATION OF EQUIDAE IMPORTED INTO [F59Great Britain from a third country]

Article 14U.K.Identification of equidae imported into [F60Great Britain from a third country]

Identification documents issued in third countries shall be deemed valid in accordance with this Regulation provided that they comply with the following conditions:

(a)

they were issued:

(i)

[F61in the case of registered equidae, by a body in a third country, included in the list provided for in—

— Article 34 of Regulation 2016/1012 of the European Parliament and of the Council, as it has effect in the EU law, as amended from time to time;

— Annex 1 to Regulation 2018/659 on the conditions for the entry into the Union of live equidae and of semen, ova and embryos of equidae;]

(ii)

in the case of a registered horse, by a national branch of an international organisation or association, which manages horses for competition or racing with its headquarters in the third country of the international organisation or association referred to in Article 5(1)(b); or

(iii)

in all other cases by the competent authority of the third country of origin of the equine animal;

(b)

they comply with all requirements of Article 7(2).

Textual Amendments

Article 15U.K.Applications for identification documents for equidae imported into [F62Great Britain from a third country]

1.The keeper of an equine animal shall apply to the issuing body referred to in [F63Article 5(1)(a)(iii) and (iv) and (b)] appropriate for the category of equine animal for the issuing in accordance with Article 9 of an identification document in accordance with Article 7, or for the registration of the existing identification document in the database set up by that issuing body in accordance with Article 38 of this Regulation, within 30 days of the date of completion of the customs procedure, as defined in [F64section 3(3) of the Taxation (Cross-Border Trade) Act 2018], where:

(a)equidae are imported into [F65Great Britain from a third country]; or

(b)the competent authority has converted the temporary admission of a registered horse [F66from a third country] in accordance with [F67the procedure referred to in Article 19 of Regulation 2018/659;].

2.Where the existing identification document referred to in paragraph 1 does not comply with the requirements of Article 7(2), the issuing body shall on request of the keeper:

(a)complete the identification document, so that it complies with the requirements of Article 7(2);

(b)record the identification details of the equine animal and the complementary information in the database established in accordance with Article 38.

3.Where the existing identification document as referred to in paragraph 1 cannot be amended to comply with the requirements of Article 7(2) of this Regulation, it shall not be considered valid for identification purposes in accordance with this Regulation, and the equine animal shall be identified by issuing in accordance with Article 9 a new identification document which complies with the requirements of Article 7(1), (2) and (3), based on the submitted identification document which must at least provide the information set out in the Annex to [F68this Regulation].

Textual Amendments

[F69Article 15AU.K. Identification of equidae for purposes of travel to the European Union or Northern Ireland

1.On an application made in accordance with paragraph 3, the competent authority may issue an EU travel identification document for the purposes of exporting an equine animal from Great Britain to the Union, or for the purposes of moving an equine animal from Great Britain to Northern Ireland, whether or not for a temporary period.

2.An EU travel identification document may be issued where—

(a)the equine animal does not fall within the categories referred to in Article 14(a)(i) or (ii);

(b)at the date of the application, the equine animal is identified by a valid single identification document in accordance with Article 9, 14, 29, 30 or 32, and

(c)that identification document was issued by an issuing body referred to in Article 5(1)(c)(ii).

3.An application to the competent authority for an EU travel identification document must be—

(a)made by the owner or keeper of the equine animal, and

(b)accompanied by the identification document referred to in paragraph 2(b).]

Textual Amendments

Textual Amendments

CHAPTER IVU.K. CHECKS REQUIRED PRIOR TO ISSUING OF IDENTIFICATION DOCUMENTS AND METHODS OF IDENTITY VERIFICATION

Article 16U.K.Verification of single identification documents issued for equidae

1.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 [F70(by an issuing body either in the United Kingdom or in a member State)] for the equine animal concerned;

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

2.The measures provided for in paragraph 1 shall include:

(a)consulting the appropriate documentation and electronic records available;

(b)estimating the age of the equine animal;

(c)checking the equine animal, as provided for in Article 17, for any signs or marks indicative of any previous identification.

Textual Amendments

Article 17U.K.Measures to detect previous identification of equidae

1.The measures to detect possible signs or marks indicative of previous identification, as provided for in Article 16, 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 at least 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 or a mark previously applied in accordance with Article 21 [F71of the EU Regulation] has been surgically removed or altered;

(c)any sign or indication that an alternative method of identity verification was applied to the equine animal in accordance with Article 21 [F72of the EU Regulation].

2.Where, following the application by the keeper in accordance with Article 11(1), the measures provided for in paragraph 1 of this Article reveal the existence of a previously implanted transponder, or any alternative method of identity verification applied in accordance with Article 21 [F73of the EU Regulation] indicative of a completed previous identification in accordance with Article 9, the issuing body shall:

(a)issue a duplicate or replacement identification document in accordance with Article 29 or 32, depending on the information available;

(b)enter that information, i.e. the transponder number or the alternative method of identity verification, in an appropriate way in the form fields of Part A and the outline diagram in Part B of Section I of the identification document.

3.Where the undocumented removal of a transponder or alternative method of identity verification referred to in paragraph 1(b) of this Article is confirmed in an equine animal born in the Union [F74or the United Kingdom], the issuing body shall issue a replacement identification document in accordance with Article 32.

F754.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 18U.K.Electronic methods of identity verification

1.The issuing body shall ensure that at the time it is first identified in accordance with Article 12, a transponder is implanted in the equine animal.

2.The transponder shall be implanted parenterally under aseptic conditions between the 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:

(a)compromise the welfare of the equine animal;

(b)increase the risk of migration of the transponder compared to the method referred to in the first subparagraph.

[F763.The minimum qualification required for the intervention provided for in paragraph 2 is that the person implanting the transponder into the equine animal is a current and registered member of the Royal College of Veterinary Surgeons or of an equivalent professional body in a member State.]

4.Issuing bodies referred to in Article 5(1)(a) and (b) may require that equine animals which were identified by use of an alternative method of identity verification provided for in Article 21 [F77of the EU Regulation] are to be marked by implantation of a transponder for the purpose of the entry or registration of equidae in studbooks or the registration of registered horses for competition purposes.

5.Issuing bodies referred to in Article 5(1) and the competent authority may require that equine animals deemed to be identified in accordance with Articles 4(2) and 43(1), are to be marked by the implantation of a transponder for the purpose of identity verification in cases where:

(a)previously implanted and recorded transponders have ceased to function;

(b)the inherent or acquired mark recorded as the alternative method of identity verification referred to in Article 21 [F78of the EU Regulation] is no longer suitable for that purpose; or

(c)the competent authority considers it necessary to ensure identity verification.

Textual Amendments

Article 19U.K.Management of the uniqueness of the code displayed by a transponder

1.[F79The appropriate authority] shall lay down rules, in accordance with the standards referred to in point (n)(i) of Article 2, to ensure the uniqueness of the codes displayed by the transponders implanted by issuing bodies referred to in Article 5(1) where they issue identification documents in accordance with Article 9.

[F802.The rules laid down in accordance with paragraph 1 must not compromise the system of identification for registered equine animals laid down (in accordance with Article 19(1) of the EU Regulation, by issuing bodies in member States or in Northern Ireland or in Northern Ireland).]

Textual Amendments

Article 20U.K.Recording of the transponder code in the identification document

1.When a transponder is implanted in accordance with Article 18, 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; and where appropriate:

(i)

a self-adhesive sticker with a bar-code, provided the page is sealed afterwards; or

(ii)

a print of that bar-code encoding at least those last 15 digits of the code transmitted by the transponder;

(b)in point 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 and read after its implantation;

(c)in point 19 of the outline diagram in Part B of Section I, the signature of either the veterinarian or the qualified person who carried out the identification by completing point 3 of Part A and the outline diagram in Part B of Section I and read the code displayed by the transponder after its implantation, or of the person reproducing this information for the purpose of issuing the identification document in accordance with the rules of the issuing body.

2.By way of derogation from paragraph 1(a) of this Article, where an equine animal is marked with a previously implanted transponder which does not comply with the ISO standards referred to in point (n)(i) of Article 2, 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.

F81Article 21U.K.Authorisation of alternative methods of identity verification

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

Textual Amendments

Article 22U.K.Obligations of issuing bodies and keepers using alternative methods of identity verification

1.The issuing body shall ensure that no identification document is issued for an equine animal, unless:

(a)the correct application of the authorised alternative method of identity verification referred to in Article 21 [F82of the EU Regulation] has been checked;

(b)the used method of identity verification is entered in point 6 or 7 of Part A of Section I, or where applicable in Section XI, of the identification document and recorded in the database in accordance with Article 38(1)(f).

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

Textual Amendments

CHAPTER VU.K. MOVEMENT AND TRANSPORT OF EQUIDAE

Article 23U.K.Movement and transport of registered equidae and equidae for breeding and production

1.The identification documents issued for registered equidae or for equidae for breeding and production in accordance with Article 9(1), Article 14, Article 29, Article 30 or Article 32 shall accompany those equidae for which they were issued at all times, including, where required by national legislation, during the transport of the carcass of the equine animal for processing in an establishment approved in accordance with point (a) of Article 24(1) of Regulation (EC) No 1069/2009 or referred to in point (a)(iii) of Chapter III of Annex III to Regulation (EU) No 142/2011.

2.By way of derogation from paragraph 1, the identification document shall not be required to accompany registered equidae or equidae for breeding and production when they are:

(a)stabled or on pasture, and the identification document can be presented without delay by the keeper;

(b)temporarily ridden, driven, led or taken either:

(i)

in the vicinity of the holding within [F83Great Britain] so that the identification document can be presented without delay; or

(ii)

during transhumance of equidae to and from registered summer grazing grounds provided that the identification documents can be presented at the holding of departure;

(c)unweaned and accompany their dam or foster mare;

(d)participating in a training or test of an equestrian competition or event which requires them to leave temporarily the training, competition or event venue;

(e)moved or transported in an emergency situation relating to the equine animals themselves or to the holding on which they are kept.

Textual Amendments

Article 24U.K.Derogation for movement or transport of equidae accompanied by a temporary document

1.On application by the keeper or on request by the competent authority, the issuing body shall issue a temporary document showing at least the information provided for in Annex III, allowing the equidae to be moved or transported within [F84Great Britain] for a period not exceeding 45 days, while the identification document is surrendered to the issuing body or the competent authority for the purpose of updating identification details.

2.Equidae, accompanied by a temporary document as provided for in paragraph 1, shall not be moved to a slaughterhouse for slaughter for human consumption.

F853.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 25U.K.Derogation for movements with a smart card

1.By way of derogation from Article 23(1), the competent authority may authorise the movement or transport of registered equidae or equidae for breeding and production within [F86Great Britain] not accompanied by their identification document, provided that they are accompanied by a smart card issued by the same issuing body that issued their identification document and containing the information set out in Annex II.

[F872.Paragraph 1 also applies in relation to the transportation of registered equidae or equidae for breeding and production within Great Britain in circumstances where those equidae have entered Great Britain from a member State or from Northern Ireland.]

Textual Amendments

Article 26U.K.Movements and transport of equidae for slaughter

1.The following shall accompany equidae for slaughter while they are being moved or transported to the slaughterhouse:

(a)the identification document issued in accordance with Article 9(1) or Article 14; or

(b)the duplicate identification document issued in accordance with Article 29 or 30 which was subject to the derogation provided for in Article 31.

[F881A.Where an EU travel identification document has been issued in accordance with Article 15A in respect of an equine animal, in addition to the document specified in paragraph 1(b) or (c), the EU travel identification document must also accompany that animal while it is being moved or transported to the slaughterhouse.]

F892.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F903.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CHAPTER VIU.K. MANAGEMENT, DUPLICATION, REPLACEMENT AND SUSPENSION OF IDENTIFICATION DOCUMENTS

Article 27U.K.Obligations of keepers as regards the management of identification documents to ensure the continuity of identity during the lifetime of the equine animal

1.The keeper of an equine animal shall ensure that the following identification details in the identification document are at all times up-to-date and correct:

(a)the status of the equine animal as regards its eligibility for slaughter for human consumption;

(b)the readable transponder code F91...;

(c)the status as either a registered equine animal or an equine animal for breeding and production;

(d)the information on the ownership [F92of the equine animal;].

2.Irrespective of the issuing body which issued the identification document in accordance with Article 9(1), 14, 29 or 32, the keeper of an equine animal shall ensure that the identification document is lodged with the issuing body referred to in Article 5(1) appropriate for the category of equine animal in the [F93constituent territory of Great Britain] where the holding of the equine animal is located in order to provide the identification details referred to in Article 38(1) within 30 days of:

(a)issuing of the identification document in accordance with Article 9(1) by an issuing body outside the [F94United Kingdom];

(b)the introduction of the equine animal into [F95Great Britain from a member] State, with the exception of

(i)

equidae participating in competitions, races, shows, training and hauling for a period not exceeding 90 days;

(ii)

stallions based in [F96Great Britain] for the breeding season;

(iii)

mares based in [F97Great Britain] for breeding for a period not exceeding 90 days;

(iv)

equidae accommodated in a veterinary facility for medical reasons;

(v)

equidae destined for slaughter within 10 days of their introduction.

3.Where the need arises to update the identification details referred to in Article 38(1) in the identification document, the keeper shall lodge the identification document within 30 days of the event that affected the identification details:

(a)in the case of registered equidae referred to in point (e)(i) of Article 2, with the issuing body referred to in Article 5(1)(a) which

(i)

either issued the identification document for the registered equine animal concerned; or

(ii)

is approved in accordance with [F98Article 4(3) of Regulation (EU) 2016/1012] in the [F99United Kingdom] and has established a studbook in which the equine animal may be entered or registered in accordance with [F100Annex II of Regulation (EU) 2016/1012]; or

(b)in the case of registered horses referred to in point (e)(ii) of Article 2, with the issuing body referred to in Article 5(1)(b) in accordance with the rules of that issuing body which issued the identification document for the registered horse concerned; or

[F101(c)with the competent authority of the constituent territory where the holding of the equine animal is located or with any of the issuing bodies designated in accordance with this Regulation by that competent authority.]

Textual Amendments

Article 28U.K.Obligations of issuing bodies as regards the management of identification documents to ensure the continuity of identity during the lifetime of the equine animal

The issuing body referred to in Article 27(3) shall:

(a)

carry out the necessary updates of identification details in the identification document;

(b)

enter in Part C of Section I of the identification document the required information on the issuing body, which must consist at least of the UELN-compatible number of the database, where it did not initially issue the identification document in accordance with Article 9(1);

(c)

complete the entries in Section IV of the identification document F102...;

(d)

enter or complete in the database it has established in accordance with Article 38 the records of the identification details contained in the lodged identification document;

(e)

submit the information to the central database in accordance with Article 39.

Textual Amendments

Article 29U.K.The issuing of duplicate identification documents

1.A duplicate identification document shall be issued by the issuing body referred to in [F103Article 5(1)(a)(iii) or (iv), (b) or (c)] where:

(a)the original identification document is lost, and the identity of the animal can be established, notably through the code transmitted by the transponder or the alternative method of identity verification in accordance with Article 21 [F104of the EU Regulation]; or

(b)the animal has not been identified within the time limits set out in Article 12, Article 14 or Article 43(2), provided that the covering certificate is available and the biological dam or, in case of embryo transfer, the foster dam, is identified in accordance with this Regulation; or

(c)the competent authority has proof that certain identification details in the existing identification document do not match the corresponding equine animal and the provisions in Article 12(3)(a) cannot be applied.

2.In the cases described in paragraph 1, the issuing body referred to [F105in that paragraph] shall on application by the keeper or at the request of the competent authority:

(a)apply to the animal, where necessary, a transponder in accordance with Article 18 F106...;

(b)issue a duplicate identification document clearly marked as such (‘duplicate identification document’) with a reference to the unique life number recorded in the database of the issuing body which:

(i)

carried out the first identification of the animal and issued the lost original identification document; or

(ii)

issues the duplicate identification document for an animal referred to in paragraph 1(b);

(c)classify the equine animal in Part II of Section II of the duplicate identification document as not intended for slaughter for human consumption.

3.Details of the duplicate identification document issued in accordance with paragraph 2, shall be entered with a reference to the unique life number in the database, as referred to in Article 38 and forwarded to the central database in accordance with Article 39.

4.Where the lost identification document was issued in accordance with Article 9(1) by an issuing body referred to in [F107paragraph 1] which is no longer in existence, the duplicate identification document shall be issued in accordance with paragraph 2 of this Article by an issuing body referred to in [F108paragraph 1 in the constituent territory of Great Britain where the holding of the equine animal is located.]

Textual Amendments

Article 30U.K.The issuing of duplicate identification documents for equidae imported into [F109Great Britain]

By way of derogation from Article 29(2), where the lost original identification document was issued by an issuing body referred to in Article 14(a) in a third country, a new identification document may be issued by that issuing body in the third country, provided that the new identification document is:

(a)

sent from the issuing body referred to in Article 14(a) to the issuing body referred to in Article 29(2), where it is marked as duplicate identification document, the animal is classified in accordance with Article 29(2)(c) and the information is entered in the database in accordance with Article 29(3);

(b)

forwarded to the keeper or, where specifically required by law in the [F110constituent territory of Great Britain] where the equine animal is located, to the owner, by the issuing body or competent authority in the [F110constituent territory of Great Britain] where the holding of the equine animal is located.

Textual Amendments

Article 31U.K.Suspension of the status of equidae for slaughter for human consumption

1.By way of derogation from Article 29(2)(c) and Article 30, and except in the case described in Article 43(2), the competent authority may decide to suspend the status of an equine animal as intended for slaughter for human consumption for a period of 6 months where:

(a)the keeper can satisfactorily substantiate within 30 days of the declared date of loss of the identification document that the equine animal's status as intended for slaughter for human consumption has not been compromised by any medicinal treatment;

F111(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.In the case described in paragraph 1, the competent authority shall enter the date of commencement of the 6-month suspension period in the first column of Part III of Section II of the duplicate identification document, and complete the third column thereof.

Textual Amendments

Article 32U.K.The issuing of replacement identification documents

1.A replacement identification document shall be issued by the issuing body referred to in [F112Article 5(1)(a)(iii) or (iv), (b) or (c)] where:

(a)the original identification document is lost, and:

(i)

the identity of the animal cannot be ascertained;

(ii)

there is no indication or evidence that for this animal an identification document had been issued previously by an issuing body as referred to in [F113Article 5(1)(a)(iii) or (iv), (b) or (c)];

(b)the animal has not been identified within the time limits set out in Article 12(1) or (2), Article 14 or Article 43(2).

2.In the cases described in paragraph 1, an issuing body as referred to in Article 5(1)(c) responsible for the area where the holding of the equine animal is located shall on application by the keeper or at the request of the competent authority:

(a)implant a transponder in the animal in accordance with Article 18 F114...;

(b)issue a replacement identification document clearly marked as such (‘replacement identification document’) with a reference to a newly assigned unique life number corresponding to the record in the database on the issuing of this replacement identification document;

(c)classify the equine animal in Part II of Section II of the replacement identification document as not intended for slaughter for human consumption.

3.Details of the replacement identification document issued in accordance with paragraph 2 of this Article, shall be entered by reference to the unique life number in the database as referred to in Article 38 and forwarded to the central database in accordance with Article 39.

Textual Amendments

Article 33U.K.Suspension of the validity for movement purposes of the identification document

[F1151.]The official veterinarian shall suspend the validity for movement purposes of the identification document by making an appropriate entry in Section III thereof where an equine animal is kept on or comes from a holding which is:

[F116(a)referred to in paragraph 1A;]

[F117(b)situated in—

(i) a country or region that is not free from African horse sickness;

(ii)a constituent territory of Great Britain that is not free of African horse sickness.]

[F118(c)subject to an order under section 1 of the Animal Health Act 1981 preventing the introduction into or spreading of disease within Great Britain or any of the constituent territories of Great Britain.]

[F1191A.The holdings referred to in paragraph 1(a) are those where:

(a)equidae suspected of having contracted dourine are or have been located, unless it has been at least six months since the last actual or possible contact with a sick animal. This paragraph does not apply where the animal referred to in paragraph 1 has been castrated;

(b)equidae suffering from glanders or equine encephalomyelitis are or have been located, unless it has been at least six months since the day on which the equidae suffering from the disease in question was slaughtered;

(c)animals suffering from infectious anaemia are or have been located, unless the infected animals have been slaughtered and the remaining animals have shown a negative reaction to two Coggins tests carried out three months apart;

(d)cases of vesicular stomatitis have been recorded, unless it has been at least six months since the last recorded case;

(e)cases of rabies have been reported, unless it has been at least one month since the last recorded case;

(f)cases of anthrax have been reported, unless it has been at least 15 days since the last recorded case.

1B.If all the animals of a species susceptible to the disease located on the holding referred to in paragraph 1A have been slaughtered and the premises disinfected, the period referred to in paragraphs 1A(a) to (e) shall be 30 days, beginning on the day on which the animals were destroyed and the premises disinfected.

2.For the purposes of paragraph 1(b), a constituent territory of the United Kingdom is not free of African horse sickness if—

(a)clinical, serological (in unvaccinated animals) or epidemiological evidence has revealed the presence of African horse sickness in that country, region or constituent territory in the past two years;

(b)vaccination against African horse sickness has been carried out in that country, region or constituent territory in the past 12 months.]

Textual Amendments

CHAPTER VIIU.K. DEATH OF EQUIDAE AND EQUIDAE INTENDED FOR SLAUGHTER FOR HUMAN CONSUMPTION AND MEDICATION RECORD

Article 34U.K.Obligations of the official veterinarian and of the competent authority in the case of slaughter or death of equidae

1.On the slaughter or death of the equine animal, the following measures shall be taken:

(a)the transponder shall be protected from subsequent fraudulent use, notably by its recovery, destruction or disposal in situ;

(b)the identification document shall be rendered invalid at least by tamper-proof stamping it ‘invalid’ on all pages or pinching a hole of appropriate diameter, not less than a standard hole puncher, through all pages;

(c)with a reference to the equine animal's unique life number either:

(i)

the identification document shall be destroyed under official supervision at the slaughterhouse where the animal was slaughtered and an attestation shall be communicated to the issuing body, either directly [F120or, where the issuing body is in a member State, either directly or through the contact point referred to in Article 36(2) of the EU Regulation], informing it on the date of slaughter of the animal at a slaughterhouse and on the date of destruction of the identification document; or

(ii)

the invalidated identification document shall be returned to the issuing body indicated either in point 11 of Part A of Section I of the identification document or in Part C of that Section, updated in accordance with Article 28(b), either directly [F121or, where the issuing body is in a member State, either directly or through the contact point referred to in Article 36(2) of the EU Regulation], together with information on the date the animal was slaughtered or killed for disease control purposes.

2.The measures provided for in paragraph 1 shall be carried out by or under the supervision of:

(a)the official veterinarian:

(i)

in the case of slaughter or killing for disease control purposes, in accordance with [F122animal health legislation in force in the constituent territory of Great Britain]; or

(ii)

following slaughter, [F123must record the identification number or identification document number of the slaughtered animal and, if requested to do so by the competent authority of the constituent territory of Great Britain where the animal was slaughtered, must forward to that competent authority an attestation to the effect that the animal has been slaughtered]; or

(b)the competent authority defined in Article 3(10) of Regulation (EC) No 1069/2009, in the case of the disposal or processing of a carcass, which was accompanied by the identification document in accordance with national legislation referred to in Article 23(1) of the present Regulation, in:

(i)

an establishment approved in accordance with point (a) of Article 24(1) of Regulation (EC) No 1069/2009; or

(ii)

a low-capacity incineration plant referred to in point (a)(iii) of Chapter III of Annex III to Regulation (EU) No 142/2011.

3.Where, as required by paragraph 1(a) of this Article, the transponder cannot be recovered from the body of an equine animal slaughtered for human consumption, the official veterinarian shall declare the meat or the part of the meat containing the transponder unfit for human consumption in accordance with Chapter V(1)(n) of Section II of Annex I to Regulation (EC) No 854/2004.

Textual Amendments

Article 35U.K.Obligation of the keeper and of the issuing body in case of death or loss of the equine animal

1.In all cases of death or loss, including theft, of the equine animal not referred to in Article 34, the keeper shall return the identification document to the appropriate issuing body indicated in Part A of Section I or updated in accordance with Article 28(b) in Part C of Section I of the identification document within 30 days of the death or loss of the equine animal.

2.The issuing body which received information on the death or loss of an equine animal in accordance with Article 34 or paragraph 1 of this Article shall act in accordance with points (d) and (e) of Article 28.

[F125Article 36U.K.F124... Information flow after the death of an equine animal

1.A competent authority of a constituent territory of Great Britain may issue guidance on procedure and time limits for returning the invalidated identification document to the issuing body in accordance with Article 34(1)(c)(ii).

2.The contact point for receiving the attestation of destruction of the identification document referred to in Article 34(1)(c)(i) of the EU Regulation, or the identification documents referred to in Article 34(1)(c)(ii) of the EU Regulation, is—

(a)in England and Wales, the Food Standards Agency;

(b)in Scotland, Food Standards Scotland.

3.The appropriate authority must make details of the contact point referred to in paragraph 2 available to member States, the competent authority in Northern Ireland and to the public on the website referred to in Article 6(1).]

Textual Amendments

Article 37U.K.Equidae intended for slaughter for human consumption and medication record

1.An equine animal shall be deemed to be intended for slaughter for human consumption except where it is, in accordance with this Regulation, irreversibly declared as not so intended in Part II of Section II of the identification document by:

(a)the signature of the owner on its own discretion, endorsed by the issuing body; or

(b)the signatures of the keeper and of the veterinarian responsible who acts in accordance with [F126regulation 8(b) of, and Schedule 4 to, the 2013 Regulations]; or

(c)the entry made by the issuing body, when issuing a duplicate identification document in accordance with Article 29 or 30 or a replacement identification document in accordance with Article 32.

2.Prior to any treatment [F127with a medicinal product administered in accordance with a provision specified in paragraph 3A, the veterinarian responsible for treating the equine animal] or to any treatment by use of a medicinal product authorised in accordance with Article 6(3) of that Directive, the veterinarian responsible as referred to in Article 10(1) of Directive 2001/82/EC shall ascertain the equine animal's status as either:

(a)intended for slaughter for human consumption, which shall be the default case; or

(b)not intended for slaughter for human consumption as set out in Part II of Section II of the identification document.

3.Where the treatment referred to in paragraph 2 of this Article is not permitted for an equine animal intended for slaughter for human consumption, the veterinarian responsible [F128for treating the equine animal in accordance with regulation 8(b) of, and Schedule 4 to, the 2013 Regulations shall ensure that] the equine animal concerned is prior to the treatment irreversibly declared as not intended for slaughter for human consumption by:

(a)completing and signing Part II of Section II of the identification document; and

(b)invalidating Part III of Section II of the identification document in accordance with the instructions provided for in Part III of Section II.

[F1293A.The provisions specified in this paragraph are—

(a)regulation 8(b) of, and Schedule 4 to, the 2013 Regulations;

(b)Commission Regulation (EU) 1950/2006.]

4.After the measures provided for in paragraph 3 have been taken, the keeper of the equine animal shall lodge the identification document with an issuing body in the [F130constituent territory of Great Britain] where the holding of the equine animal is located, or provide the information online where such access to the database is established, within a maximum period of 14 days from the date of signature in Part II of Section II of the identification document.

F1315.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6.Where an equine animal is to be treated under the conditions referred to in [F132Schedule 4 to the 2013 Regulations], the veterinarian responsible shall enter in Part III of Section II of the identification document the requisite details of the medicinal product containing substances essential or bringing added clinical benefit for the treatment of equidae listed in Regulation (EC) No 1950/2006.

The veterinarian responsible shall enter the date of last administration, as prescribed, of that medicinal product and shall, acting in accordance with Article 11(4) of Directive 2001/82/EC, inform the keeper of the date when the withdrawal period established in accordance with Article 10(3) of that Directive will lapse.

[F1337.In this Article, ‘the 2013 Regulations’ means the Veterinary Medicines Regulations 2013.]

Textual Amendments

CHAPTER VIIIU.K. RECORDS AND PENALTIES

Article 38U.K.Database

1.When issuing the identification document, or registering previously issued identification documents, the issuing body shall record at least the following information concerning the equine animal in its database:

(a)the unique life number;

(b)the species;

(c)the sex;

(d)the colour;

(e)the date (dd/mm/yyyy) of birth as declared by the keeper referred to in point (i);

(f)if applicable, at least the last 15 digits of the code transmitted by the transponder, or the code transmitted by a radio-frequency identification device not complying with the standard ISO 11784 together with information on the required reading system, or the alternative method of identity verification applied in accordance with Article 21;

(g)the country of birth as declared by the keeper referred to in point (i);

(h)the date of issue and any modification of the identification document;

(i)the name and address of the keeper who submitted the application referred to in Article 11(1), 15(1), 29(2) or 32(2) or, where applicable, lodged the identification document as referred to in Article 27(3);

(j)the status as registered equidae or equidae for breeding and production;

(k)the name of the animal (namely, the birth name and, where applicable, the commercial name), as declared by the keeper referred to in point (i);

(l)the known status of the animal as not intended for slaughter for human consumption;

(m)the serial number, where such serial number is applied to the identification document referred to in Article 9(1) and (3), and any information concerning new, duplicate or replacement identification documents issued in accordance with Article 12(3), Article 29, Article 30 or Article 32;

(n)the country where the holding of the equine animal is located as declared by the keeper referred to in point (i);

(o)the notified date of death or loss of the animal as declared by the keeper referred to in point (i) or date of slaughter.

2.The issuing body shall keep the information referred to in paragraph 1 of this Article on record in its database for a period of at least 35 years or a period of at least 2 years from the date of the communication of the equine animal's death in accordance with Article 34.

3.Not later than 15 days from the date of recording the information referred to in paragraph 1 of this Article, the issuing body referred to in that paragraph shall communicate the information referred to in points (a) to (j) and (l) to (o) thereof to the central database established in accordance with Article 39 in the [F134constituent territory of the United Kingdom or in the member State]:

(a)where the issuing body is approved, recognised or designated or has its headquarters in accordance with Article 5(1); [F135and]

(b)where the equine animal was born [F136, if different].

[F1374.Where an EU travel identification document has been issued in respect of an equine animal, the competent authority issuing the document must communicate the information specified in paragraph 1, and the fact that an EU travel identification document has been issued, to the central database for the appropriate constituent territory of Great Britain, established in accordance with Article 39.]

Textual Amendments

Article 39U.K.Set up of a central database

1.[F138The appropriate authority] shall set up a central database for the purposes of this Regulation.

2.By way of derogation from paragraph 1, a central database shall not be required in [F139a constituent territory of Great Britain which has] a single database for registered equidae and a single database for equidae for breeding and production, provided that:

(a)both databases can effectively communicate with each other and can cooperate with central databases in [F140the other constituent territories of the United Kingdom and in member States] to update the identification details for equidae changing their status to either registered equidae or equidae for breeding and production;

(b)the competent authority has direct access to any of those databases.

[F1413.The appropriate authority must make the name, address and contact details of the central database of a constituent territory available to member States, the other constituent territories of the United Kingdom and to the public.]

Textual Amendments

Article 40U.K.Operation and cooperation of central databases

1.[F142The appropriate authority] shall ensure that the issuing bodies referred to in Article 5(1) incorporate the information referred to in point (e) of Article 28 and Article 38(1) relating to equidae identified on its territory in the central database or that the databases of the issuing bodies on its territory are networked with that central database.

2.[F143 The appropriate authority shall ensure cooperation with member States and with the other constituent territories of the United Kingdom in the operation of the territory's central database] and shall ensure that:

(a)in accordance with Article 28 of this Regulation, the central database communicates, with a reference to the unique life number, any modification to the identification details referred to in Article 38(1) to the central database of the [F144member State or the constituent territory of the United Kingdom] where the identification document was issued;

(b)the competent authorities of [F145member States and of the other constituent territories of the United Kingdom] are granted free of charge access to a minimum of information contained in the central database to inquire whether a transponder code, a unique life number or a passport number has been recorded therein.

Textual Amendments

F146Article 41U.K.Penalties

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

Textual Amendments

CHAPTER IXU.K. TRANSITIONAL AND FINAL PROVISIONS

Article 42U.K.[F147References to repealed Regulation]

F148. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

References to [F149Regulation (EC) No 504/2008] shall be construed as references to this Regulation.

Textual Amendments

Article 43U.K.Transitional provisions

1.By way of derogation from Article 4(2), the following equidae shall be deemed to be identified in accordance with this Regulation:

(a)equidae which were born by 30 June 2009 at the latest, and identified by that date in accordance with Decision 93/623/EEC or 2000/68/EC, provided that the identification documents issued for those equidae:

(i)

were registered in accordance with Article 21(1) of Regulation (EC) No 504/2008 by 31 December 2009 at the latest; and

(ii)

contain a Section corresponding to Section IX of the model identification document set out in the Annex to Decision 93/623/EEC, and Part III-A of the identification document is completed where information is entered in Part III-B thereof;

(b)equidae which were born by 30 June 2009 at the latest, but not identified by that date in accordance with Decision 93/623/EEC or 2000/68/EC, provided that they were identified in accordance with Regulation (EC) No 504/2008 by 31 December 2009 at the latest;

(c)equidae identified in accordance with Regulation (EC) No 504/2008 by 31 December 2015.

2.Equidae which were born in [F150Great Britain or imported into Great Britain] from a third country after 30 June 2009 and which are not identified in accordance with Regulation (EC) No 504/2008 by 31 December 2015 shall be identified in accordance with Article 29 or 32 of this Regulation, depending on the information on their identity available, and shall be classified in Part II of Section II of the duplicate identification document as not intended for slaughter for human consumption.

F1513.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1524.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 44U.K.Entry into force

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

It shall apply from 1 January 2016. However, Article 39 shall apply from 1 July 2016 in those Member States that have not established an operational central database by 1 January 2016.

F153...

Done at Brussels, 17 February 2015.

For the Commission

The President

Jean-Claude Juncker

Textual Amendments

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