1.By way of derogation from Article 8(3), the competent authority which has recognised a breed society in accordance with Article 4(3) may refuse to approve a breeding programme of that breed society that complies with the requirements set out in Part 2 of Annex I, and additionally in the case of purebred breeding animals of the equine species, in Part 3 of Annex I, on the grounds that that breeding programme would compromise the breeding programme carried out by another breed society for the same breed which has already been approved in [F2the United Kingdom] as regards at least one of the following:
(a)the essential traits of the breed characteristics or the main objectives of that breeding programme;
(b)the preservation of that breed or of the genetic diversity within that breed; or
(c)where the aim of that breeding programme is the preservation of that breed, the effective implementation of that breeding programme:
in the case of an endangered breed; or
in the case of an autochthonous breed which is not commonly found in one or more of the [F3constituent territories of the United Kingdom].
2.For the purpose of paragraph 1, the competent authority shall take due account of the following:
(a)the number of breeding programmes already approved for that breed in [F4the United Kingdom];
(b)the size of the breeding populations covered by those breeding programmes;
(c)the possible genetic input from breeding programmes carried out by other breed societies for the same breed F5... by breeding bodies in third countries.
Textual Amendments
F2Words in Art. 10(1) substituted (31.12.2020) by The Animal Breeding (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/117), regs. 1, 4(6)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 10(1)(c)(ii) substituted (31.12.2020) by The Animal Breeding (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/117), regs. 1, 4(6)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 10(2)(a) substituted (31.12.2020) by The Animal Breeding (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/117), regs. 1, 4(6)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 10(2)(c) omitted (31.12.2020) by virtue of The Animal Breeding (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/117), regs. 1, 4(6)(b)(ii) (as substituted by S.I. 2020/1388, regs. 1(2)(a), 28(3)(b)); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F1Words in Ch. 2 heading omitted (31.12.2020) by virtue of The Animal Breeding (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/117), regs. 1, 4(1); 2020 c. 1, Sch. 5 para. 1(1)