Regulation (EU) 2016/1012 of the European Parliament and of the CouncilShow full title

Section 2 U.K. Approval of breeding programmes

Article 8 U.K. Approval of breeding programmes carried out by breed societies and breeding operations

1. A breed society or a breeding operation [F1 recognised under Article 4(3)] shall submit applications for approval of its breeding programmes to the competent authority which has recognised that breed society or breeding operation in accordance with Article 4(3).

2. The applications referred to in paragraph 1 shall be in writing, either on paper or in electronic form.

3. The competent authority referred to in paragraph 1 shall evaluate those breeding programmes and approve them provided that:

(a) they have one or more of the following aims:

(i)

in the case of purebred breeding animals:

• the improvement of the breed,

• the preservation of the breed,

• the creation of a new breed,

• the reconstruction of a breed;

(ii)

in the case of hybrid breeding pigs:

• the improvement of the breed, line or cross,

• the creation of a new breed, line or cross;

(b) they describe in detail the selection and breeding objectives;

(c) they comply with the requirements set out in Part 2 of Annex I, and in addition in the case of purebred breeding animals of the equine species, in Part 3 of Annex I.

4. Breed societies or breeding operations may outsource to a third party specific technical activities related to the management of their breeding programmes, including performance testing and genetic evaluation, provided that:

(a) the breed societies and breeding operations remain responsible to the competent authority for ensuring compliance with the requirements provided for in Parts 2 and 3 of Annex I;

(b) there is no conflict of interests between that third party and the economic activities of breeders who participate in the breeding programme;

(c) that third party fulfils all the necessary requirements to carry out those activities;

(d) those breed societies and breeding operations specify the activities which they intend to outsource and the name and contact details of those third parties in their applications referred to in paragraph 2.

5. Where, for at least 24 months, there are no breeders which have their holdings, on which they keep their breeding animals, located on a given part of the geographical territory that are participating in a breeding programme approved in accordance with paragraph 3, the competent authority referred to in paragraph 1 may require the breed society or breeding operation concerned to adjust the geographical territory of its breeding programme so as not to include that given part.

Textual Amendments

F1 Art. 8(1) inserted by The Animal Breeding (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/117), regs. 1, 4(5) (as substituted by S.I. 2020/1388, regs. 1(2)(a), 28(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)

Article 9 U.K. Changes to an approved breeding programme

1. Prior to the implementation of any significant changes relating to the requirements referred to in Article 8(3) in its breeding programme approved in accordance with that provision, a breed society or breeding operation shall notify those changes to the competent authority which has recognised that breed society or breeding operation in accordance with Article 4(3).

2. The notification shall be in writing, either on paper or in electronic form.

3. Unless that competent authority indicates otherwise within a period of 90 days from the date of notification, those changes shall be considered to have been approved.

4. Breed societies and breeding operations shall inform in a transparent and timely manner the breeders participating in their breeding programmes of the changes in their breeding programme that have been approved in accordance with paragraph 3.

Article 10 U.K. Derogations from Article 8(3) concerning the approval of breeding programmes

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 [F2 the 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:

(i)

in the case of an endangered breed; or

(ii)

in the case of an autochthonous breed which is not commonly found in one or more of the [F3 constituent 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 [F4 the 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

F2 Words 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)

F3 Words 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)

F4 Words 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)

F5 Words 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)

Article 11 U.K. Refusal of the approval of breeding programmes

Where the competent authority which has recognised a breed society or breeding operation in accordance with Article 4(3) refuses to approve a breeding programme submitted by such breed society or breeding operation in accordance with Article 8(1) or refuses to approve changes to a breeding programme notified in accordance with Article 9(1), it shall provide that breed society or breeding operation with a reasoned explanation for its refusal.

[F6 Article 12 U.K. Notification and approval of breeding programmes carried out in the United Kingdom by breed societies or breeding operations approved in a member State

1. Where a breed society or breeding operation (within the meaning of Article 2 of the EU Regulation) approved either in accordance with Article 8(3) of the EU Regulation by a competent authority in a member State or by a competent authority in a third country in respect of which the appropriate authority has made regulations under Article 35, or a breeding body entered into the list under Article 34(1), intends to carry out a breeding programme on animals kept in the United Kingdom, that breed society, breeding operation or breeding body must notify the competent authority of the constituent territory of the United Kingdom where the animals are to be kept.;

2. The notification provided for in paragraph 1 must—

(a) be sent to the competent authority at least 90 days before the intended commencement date of the breeding programme in the United Kingdom;

(b) be provided in English and other languages may also appear.

3. The competent authority of the constituent territory of the United Kingdom may, within 90 days from the date of receipt of the notification referred to in of paragraph 2(a), refuse to approve the carrying out on its territory of the breeding programme, where an approved breeding programme is already being carried out in the United Kingdom on purebred breeding animals of the same breed.

4. The competent authority of the constituent territory of the United Kingdom must inform the competent authority which has recognised the breed society, breeding operation or breeding body about the result of the notification provided for in paragraph 1 of this Article and, where it refuses to approve the carrying out on its territory of the breeding programme, must provide a reasoned explanation for the refusal.

5. Failure by the competent authority of the constituent territory of the United Kingdom to reply to the notification referred to in paragraph 2(a) within 90 days from the date of receipt of that notification shall constitute approval.

6. Where the competent authority of the constituent territory of the United Kingdom refuses to approve the breeding programme in accordance with paragraph 3, the competent authority, on an application by the breed society, breeding operation or breeding body, must reconsider the refusal to approve the breeding programme, taking into account any new information provided.

7. The competent authority of the constituent territory of the United Kingdom may withdraw its approval of the breeding programme provided for under this Article where, for at least 12 months, no breeder in the constituent territory of the United Kingdom participates in that breeding programme.]

Textual Amendments

F6 Art. 12 substituted (31.12.2020) by The Animal Breeding (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/117), regs. 1, 4(7) (as amended by S.I. 2020/1388, regs. 1(2)(a), 28(3)(c)); 2020 c. 1, Sch. 5 para. 1(1)