Commission Implementing Regulation (EU) 2021/963 of 10 June 2021 laying down rules for the application of Regulations (EU) 2016/429, (EU) 2016/1012 and (EU) 2019/6 of the European Parliament and of the Council with regard to the identification and registration of equine animals and establishing model identification documents for those animals (Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (1), and in particular Article 120(1) and (2) thereof,

Having regard to Regulation (EU) 2016/1012 of the European Parliament and of the Council of 8 June 2016 on zootechnical and genealogical conditions for the breeding, trade in and entry into the Union of purebred breeding animals, hybrid breeding pigs and the germinal products thereof and amending Regulation (EU) No 652/2014, Council Directives 89/608/EEC and 90/425/EEC and repealing certain acts in the area of animal breeding (‘Animal Breeding Regulation’) (2), and in particular Article 32(2) thereof,

Having regard to Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC (3), and in particular Article 109(2) thereof,

Whereas:

(1) Regulation (EU) 2016/429 lays down, amongst other things, general rules for the Member States’ responsibility for establishing a system for the identification and registration of kept terrestrial animals, including equine animals. That Regulation provides that Member States are to establish and maintain a computer database of kept terrestrial animals (hereinafter the computer database). It also provides that the computer database is to record certain minimum information regarding equine animals: namely a unique code for the equine animal (hereinafter the unique code); the method of identification of the equine animal and the establishment where the equine animal is habitually kept. It also lays down obligations on operators keeping equine animals. They are required to ensure that those animals are individually identified: by the unique code; a correctly completed single lifetime identification document (the single lifetime identification document) and a physical means of identification or other method which unequivocally links the equine animal to a correctly completed single lifetime identification document.

(2) Regulation (EU) 2016/1012 lays down zootechnical and genealogical rules for trade in breeding animals and their germinal products and for their entry into the Union, including rules for the issuing of zootechnical certificates accompanying breeding animals. In particular, it provides that in the case of purebred breeding animals of the equine species, certain information required by that Regulation is to be contained in a single lifetime identification document for equine animals.

(3) Regulation (EU) 2019/6 lays down rules for the placing on the market, manufacturing, import, export, supply, distribution, pharmacovigilance, control and use of veterinary medicinal products and provides, amongst other things, for specific rules for the administration of veterinary medicinal products to food-producing animals, including equine animals. In particular, it lays down record-keeping obligations as regards equine animals and information to be contained in the single lifetime identification document.

(4) Commission Delegated Regulation (EU) 2019/2035 (4), which was adopted within the framework of Regulation (EU) 2016/429, provides for a wide definition of registered equine animals, and lays down additional requirements for the identification of equine animals, as well as rules on the issuing of duplicate and replacement documents. It also provides that the single lifetime identification document must include a validation mark or, in the case of registered horses, a licence which documents a higher health status of the animal in order to benefit from specific movement conditions laid down in Commission Delegated Regulation (EU) 2020/688 (5).

(5) Commission Delegated Regulation (EU) 2021/577 (6) lays down rules concerning the content and format of the information necessary to apply Articles 112(4) and 115(5) of Regulation (EU) 2019/6 and to be contained in the single lifetime identification document. In essence this is information on whether an individual equine animal is excluded from slaughter for human consumption or has received a medicinal treatment with substances considered essential for the treatment of equine species, or which brings added clinical benefit compared to other treatment options available for equine species and for which the withdrawal period for equine species shall be 6 months.

(6) Article 108(5)(c) of Regulation (EU) 2016/429 provides that Member States may, when appropriate, designate another authority or authorise another body or natural person to ensure the practical application of the identification and registration system, including the issuing of identification documents. Chapter III of Regulation (EU) 2017/625 of the European Parliament and of the Council (7) provides detailed rules and conditions for such delegation. In addition, Article 8(1) of Council Directive 90/427/EEC (8) provides for obligations on organisations and associations maintaining or establishing studbooks to issue identification documents for registered equidae. However, that Directive is repealed by Regulation (EU) 2016/1012 with effect from 21 April 2021. It is, therefore, uncertain to what extent Member States will delegate the practical application of the system for the identification of equine animals to breed societies, organisations managing horses for competitions and races, or other delegated bodies. Consequently, this Regulation should provide for a partial or complete delegation of those tasks to delegated bodies and clarify the role of breed societies and organisations managing horses for competitions and races in the process of identification of equine animals.

(7) The majority of comments provided in the framework of the public consultation on this document (9) concerned the issuing of identification documents by breed societies. Similar requests have been made by a number of Member States. A particularly challenging problem was the issuing of zootechnical certificates for equine animals entered in breeding books established by breed societies recognised in Member States other than the Member State of birth.

(8) To make the system of identification of equine animals practical, while meeting the requirements of Article 110(1)(a) of Regulation (EU) 2016/429, this Regulation should provide for the issuing of identification documents for registered equine animals by breed societies and organisations and associations managing horses for competition and races, even if those structures are not delegated bodies. In this case, the issuing of the identification document would be limited to its completion with the required information, printing and binding and the recording of details in databases, while the document would be delivered to the applicant operator by the competent authority or delegated body. Existing operational systems for the issuing and delivery of single lifetime identification documents by delegated bodies in close collaboration with breed societies and organisations and associations managing horses for competition and races should not be affected by these provisions.

(9) Single lifetime identification documents should not be issued unless they are duly completed with the required identification details containing the information required under Union law, which should also be recorded in the computer database in accordance with this Regulation.

(10) The computer database established in accordance with Article 109(1) of Regulation (EU) 2016/429 and storing the information in accordance with Article 64 of Commission Delegated Regulation (EU) 2019/2035 should be accessible at various levels of security by operators, veterinarians responsible, as well as competent authorities or delegated bodies in other Member States. In addition, the exchange of electronic data between Member States should be encouraged to facilitate the traceability of the equine animals and the controls on the integrity of the food chain. It is therefore necessary to provide minimum requirements for such data exchange taking into account the requirements of Article 108(4)(d) of Regulation (EU) 2016/429 and the relevant standards referred to in Article 37 of Commission Implementing Regulation (EU) 2019/1715 (10).

(11) Although a significant number of Member States prefer a simple format for the single lifetime identification document, setting out only the information details required in accordance with Article 65 of Delegated Regulation (EU) 2019/2035 and Article 1 of Delegated Regulation (EU) 2021/577, that simple format would not be sufficient in order to use the single lifetime identification document as a multipurpose document accompanying equine animals for breeding or sport purposes. It is therefore justified to provide for a format of the single lifetime identification document that would permit to issue it in compliance with the minimum animal and public health requirements, as well as in an extended format also suitable for breeding, competition and racing purposes.

(12) Recent investigations carried out in Member States revealed that a simple marking of equine animals by injectable transponder may not be sufficient to ensure the identification of the equine animals, and in particular for the purposes of the protection of public health. A description of the equine animal consisting of a description and an outline diagram marking acquired and inherited phenotypic particularities, such as white patterns, specific colours, whorls, scars and, if necessary, the shape of the chestnuts, is therefore a necessary supplementing element of identification to prevent the fraudulent slaughter of equine animals previously excluded form slaughter for human consumption.

(13) In order to ensure that equine animals are correctly described in their accompanying single lifetime identification document, the competent authorities of the Member States, or where applicable delegated bodies should endeavour to follow best practices and train the personnel entrusted with the description of equine animals.

(14) It is also necessary to provide for cases where the original single lifetime identification document issued in accordance with this Regulation for the lifetime of the equine animal is lost, is no longer legible or contains incorrect information which is not the result of illegal practices. In order to document the equine animal’s status as excluded from slaughter for human consumption correctly, those provisions should, as far as possible, exclude the unlawful possession of more than one single lifetime identification document.

(15) Where sufficient and verifiable information is available, a duplicate single lifetime identification document should be issued which is marked as such, and generally excludes the equine animal from slaughter for human consumption. In other cases, a replacement single lifetime identification document should be issued, equally marked as such and excluding the equine animal from slaughter for human consumption and from the specific movement conditions for registered equine animals laid down in Article 92(2)(b) of Delegated Regulation (EU) 2020/688.

(16) In accordance with Article 67 of Delegated Regulation (EU) 2019/2035, those procedures should also be applied to equine animals that are presented for identification after the established deadline for the first identification of the equine animal, to minimise the risk of fraudulent acquisition of an additional identification document that could be used to re-introduce into the food chain an equine animal previously excluded from slaughter for human consumption in accordance with applicable legislation.

(17) In accordance with Article 66(1) of Delegated Regulation (EU) 2019/2035, operators are to ensure that equine animals are at all times accompanied by their single lifetime identification document. This requirement implies, irrespective of the movement of the animal, the handover of the single lifetime identification document from the previous owner to the new owner when the ownership of equine animal changes.

(18) Although equine animals must always be accompanied by their single lifetime identification documents in accordance with Union legislation, this Regulation should provide for a derogation from that requirement when it is impossible or even impractical for the retention of the single lifetime identification document throughout the lifetime of the equine animal, or where such a document was not issued taking into account the slaughter of the equine animal before it reaches the required maximum age for the first identification.

(19) For day-to-day movements on the national territories of Member States, plastic cards or smart cards as well as smartphone or tablet applications displaying the essential information contained in the single lifetime identification document appear to be useful supplements to the single lifetime identification document, and certain rules for their use should be laid down in this Regulation.

(20) Furthermore, the requirement that the single lifetime identification document must accompany the carcass of the equine animal to the establishment or plant approved in accordance with Article 24(1) of Regulation (EC) No 1069/2009 of the European Parliament and of the Council (11) has proven to be impractical in certain situations, and should therefore be limited to the situations described in point (a)(iii) of Chapter III of Annex III to Commission Regulation (EU) No 142/2011 (12) or be regulated under national legislation.

(21) Equine animals may become equine animals intended for slaughter at a certain stage of their lifetime. Solipeds, synonymous for equine animals, is defined as being part of ‘domestic ungulates’ in point 1.2 of Annex I to Regulation (EC) No 853/2004 of the European Parliament and of the Council (13), which lays down specific hygiene rules for food of animal origin.

(22) To prevent transponders from entering the food chain, the part of the meat derived from equine animals from which it has not been possible to remove the transponder at the time of slaughter should be declared unfit for human consumption in accordance with point (m) of Article 45 of Commission Implementing Regulation (EU) 2019/627 (14). To facilitate the location of the implanted transponders, the place of implantation should be standardised and recorded in the single lifetime identification documents.

(23) The Universal Equine Life Number (UELN) system has been agreed worldwide between the major horse-breeding, competition and racing organisations. It has been developed on the initiative of the World Breeding Federation for Sport Horses (WBFSH), the International Stud-Book Committee (ISBC), the World Arabian Horse Organization (WAHO), the European Conference of Arabian Horse Organisations (ECAHO), the International Anglo-Arabian Confederation (CIAA), the International Federation for Equestrian Sports (FEI) and the European Trotting Union (UET). Information on this system can be consulted on the UELN website (15), hosted by the French horse and riding institute (IFCE).

(24) The UELN system is suitable for assigning to an equine animal on the occasion of its first identification a unique code as referred to in Article 109(1)(d)(i) of Regulation (EU) 2016/429. When codes are assigned to the computer database or any databases established by delegated bodies or breed societies under the computer database of the Member States, the codes of those databases, and the format of the recorded unique code of the individual equine animals should not lead to confusion with the established UELN system. Therefore, the list of assigned UELN codes should be consulted before any new code is assigned to a database recording identification details of equine animals.

(25) Recording a UELN-compatible unique code and using it to identify the competent authorities or the delegated body to which the task of issuing single lifetime identification documents for equine animals has been delegated, should also facilitate the return to the issuing competent authority of the single lifetime identification document after the slaughter or death of the equine animal. Where possible, Member States should use the liaison bodies they have designated in accordance with Article 103 of Regulation (EU) 2017/625 of the European Parliament and of the Council to facilitate the exchange of communications between competent authorities for mutual assistance.

(26) The World Organisation for Animal Health (OIE) in collaboration with the International Horse Sports Confederation (IHSC) has developed recommendations for the safe international movement of competition horses and the concept of high-health, high performance horses (HHP) (16). Chapter 4.17 of the Terrestrial Animal Health Code (17) of the OIE sets out the recommendations on the establishment of a high-health status horse subpopulation, and Chapter 5.12 thereof, the model passport for international movement of competition horses.

(27) In addition, the eligibility of purebred breeding animals of the equine species to compete internationally is regulated by international private agreements. Considering the international dimension of the equine sector, the Commission should take into account those agreements, so as to maintain the eligibility of those purebred breeding animals of the equine species to compete at international level, and to have access to competitions organised in accordance with point (a) of the first indent in Article 4(2) of Council Directive 90/428/EEC (18).

(28) By way of derogation from Article 91(3) of Delegated Regulation (EU) 2020/688, the validity of the animal health certificate required for movement to another Member State may be extended from 10 to 30 days under the conditions laid down in Article 92 of that Regulation, subject to certain additional health measures including measures for the prevention of diseases affecting equine animals other than the diseases listed for those species in the Annex to Commission Implementing Regulation (EU) 2018/1882 (19).

(29) Points 1 and 2 of Section II of Annex II to Regulation (EC) No 853/2004 provide that food business operators operating slaughterhouses are to ensure, amongst other things that the procedures that they have put in place guarantee that each animal or, where appropriate, each lot of animals accepted onto the slaughterhouse premises is properly identified.