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The Sheep and Goats (Identification and Traceability) (Scotland) Regulations 2006

Type Scottish-Statutory-Instrument

Publication 2006-02-23

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

Reform history JSON API PDF

Made: 23rd February 2006

Laid: 24th February 2006

Coming into force: 20th March 2006

The Scottish Ministers in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and of all other powers enabling them in that behalf, hereby make the following Regulations:

PART 1 — Introductory Provisions

Citation, commencement and extent

1

(1) These Regulations may be cited as the Sheep and Goats (Identification and Traceability) (Scotland) Regulations 2006 and shall come into force on 20th March 2006.

(2) These Regulations extend to Scotland only.

Interpretation

2

(1) In these Regulations–

“Annex” means the Annex to the Council Regulation;

“baseline F eartag” means an eartag applied under the Council Regulation, these Regulations, any provision giving effect to the Council Regulation in England, Wales or Northern Ireland or previous United Kingdom Orders or Regulations, bearing the individual identification code described in regulation 8(3)(a) to (d);

“baseline S eartag” means an eartag applied under the Council Regulation, these Regulations, any provision giving effect to the Council Regulation in England, Wales or Northern Ireland or previous United Kingdom Orders or Regulations, bearing the individual identification code described in regulation 7(1)(b)(i) to (iii);

“baseline UK eartag” means an eartag applied under the Council Regulation, these Regulations, any provision giving effect to the Council Regulation in England, Wales or Northern Ireland or previous United Kingdom Orders or Regulations, bearing the individual identification code described in regulation 6(3)(a) to (c);

“the Council Directive” means Council Directive 92/102/EEC of 27th November 1992 on the identification and registration of animals as amended by the Council Regulation;

“the Council Regulation” means Council Regulation (EC) No. 21/2004 of 17th December 2003 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No. 1782/2003 and Directives 92/102/EEC and 64/432/EEC ;

“CPH”, in the forms in Schedules 1 and 2, means the number assigned to a holding by the Scottish Ministers for the purpose of identifying its geographical location;

“flockmark” means the number allocated by the Scottish Ministers to a holding on which sheep are kept;

“herdmark” means the number allocated by the Scottish Ministers to a holding on which goats are kept;

“holding of import” means the holding to which animals imported from a third country are first moved for the purposes of livestock farming;

“identification code” means the alpha numeric code applied or to be applied to a means of identification in accordance with the Council Regulation, these Regulations, any provision giving effect to the Council Regulation in England, Wales, Northern Ireland or another member State, previous United Kingdom Orders or Regulations or any provision giving effect to Council Directive 92/102/EEC in another member State;

“inspector” means a person appointed to be an inspector for the purposes of these Regulations by the Scottish Ministers or a local authority;

“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ;

“movement eartag” means an eartag applied under these Regulations, previous United Kingdom Orders or Regulations, bearing the identification code described in regulation 10(1)(b)(i) and (ii);

“movement document” means the movement document required by Article 6 of the Council Regulation;

“previous Scottish Orders or Regulations” means–the Sheep and Goats Identification (Scotland) Regulations 2000 ;the Sheep and Goats Movement (Interim Measures) (Scotland) Order 2002 ;

“previous United Kingdom Orders or Regulations” means–the Sheep and Goats Identification (Scotland) Regulations 2000;the Sheep and Goats Movement (Interim Measures) (Scotland) Order 2002;the Sheep and Goats Identification (England) Order 2000 ;the Sheep and Goats Identification and Movement (Interim Measures) (England) Order 2002 ;the Sheep and Goats Identification and Movement (Interim Measures) (England) (No. 2) Order 2002 ;the Sheep and Goats Identification and Movement (Interim Measures) (Wales) Regulations 2002 ;the Sheep and Goats Identification and Movement (Interim Measures) (Wales) Order 2002 ;the Sheep and Goats Identification and Movement (Interim Measures) (Wales) (No. 2) Order 2002 ;the Identification and Movement of Sheep and Goats Order (Northern Ireland) 1997 ;the Identification and Movement of Sheep and Goats Order (Northern Ireland) 2004 ;

“R eartag” means a red eartag applied under the Council Regulation, these Regulations, any provision giving effect to the Council Regulation in England, Wales or Northern Ireland or previous United Kingdom Orders or Regulations, bearing the individual identification code described in regulation 13(2)(c)(i) to (iv);

“R tattoo” means a tattoo bearing the individual identification code described in regulation 14(3)(b)(i) to (iii);

“register” means the register required to be kept by Article 5 of the Council Regulation;

“slaughterhouse” means an establishment approved as a slaughterhouse in accordance with Article 3 of Regulation (EC) No. 854/2004 ;

“temporary grazing” means a holding on to which a keeper moves an animal for a limited period of time for the purpose of feeding or pasture;

“unique number” means a number allocated by the Scottish Ministers which is unique to an animal in a flock or herd and contains 6 digits; and

“X eartag” means an eartag applied under the Council Regulation, these Regulations, any provision giving effect to the Council Regulation in England, Wales or Northern Ireland or previous United Kingdom Orders or Regulations, bearing the individual identification code described in regulation 9(2)(b)(i) to (iv).

(2) Expressions in these Regulations which appear in the Council Regulation have the same meaning in these Regulations as they have for the purposes of the Council Regulation.

(3) Any reference in these Regulations to anything done in writing or produced in written form, other than under regulation 23, includes a reference to an electronic communication which has been recorded and may subsequently be used for reference, as defined in the Electronic Communications Act 2000 .

Individual identification code

3

(1) All references in these Regulations to the “individual identification code” of an animal, other than an animal bearing more than one eartag or tattoo with a number identifying the animal individually, are references to the code on–

(a) the first means of identification attached to the animal in accordance with the Council Regulation; or

(b) the eartag or tattoo by means of which an animal born on or before 9th July 2005 has been individually identified in accordance with these Regulations, any provision giving effect to the Council Regulation in England, Wales or Northern Ireland or another Member state, previous United Kingdom Orders or Regulations or any provision giving effect to the Council Directive in another member State.

(2) In the case of an animal bearing more than one eartag or tattoo with a number identifying the animal individually, the “individual identification code” is the code on–

(i) any eartag or tattoo attached to the animal which bears the letters “UK” and a number identifying the animal individually; or

(ii) the eartag or tattoo identifying the animal individually which was most recently applied, in the case of animals not having the identification referred to in head (i);

(b) in the case of an animal from Northern Ireland, the eartag attached to the left ear of the animal.

Competent authority

4

The Scottish Ministers are the competent authority for the purposes of the Council Regulation.

Authorisations

5

(1) Subject to paragraph (2), any authorisations, approvals or permissions issued under the Council Regulation or these Regulations shall be in writing, may be made subject to conditions and may be amended, suspended or revoked by notice in writing at any time.

(2) Authorisation, approval or permission may be issued otherwise than in writing where this is necessary to prevent pain or suffering to an animal.

PART 2 — Application of identification

Baseline eartags: animals born after 9th July 2005

6

(1) The keeper of an animal born after 9th July 2005 shall comply with Article 4(1) and (2)(a) of the Council Regulation and this regulation.

(2) The period determined for the purposes of Article 4(1) of the Council Regulation is–

(a) 9 months from its date of birth, in the case of an animal kept in extensive or free range farming conditions; and

(b) 6 months from its date of birth, in the case of any other animal.

(3) For an animal born after 9th July 2005, the individual identification code for the first means of identification (“baseline UK eartag”) for the purposes of Section A.2 of the Annex is the following information in the following order:–

(a) the letters “UK”;

(b) the flockmark or herdmark of the holding of birth; and

Baseline eartags: animals born on or before 9th July 2005

7

(1) Subject to paragraph (2), the keeper of an animal born on or before 9th July 2005–

(a) which has not moved from its holding of birth, shall apply to the animal before it is moved from that holding a baseline UK eartag;

(b) which is on a holding other than its holding of birth, shall apply to the animal before it is moved from that holding an eartag bearing an individual identification code with the following information in the following order (“baseline S eartag”):–

(i) the letter “S”;

(ii) the flockmark or herdmark of the flock or herd from which the animal is being moved; and

(iii) a unique number.

(2) Paragraph (1)(b) shall not apply to an animal bearing a means of identification with an individual identification code applied under any provision giving effect to the Council Regulation in England, Wales or Northern Ireland, previous United Kingdom Orders or Regulations or any provision giving effect to the Council Directive in another member State.

Baseline eartags: animals imported from third countries

8

(1) The keeper of an animal imported from a third country shall comply with Article 4(1) and (4) of the Council Regulation and this regulation.

(2) The period determined for the purposes of Article 4(4) of the Council Regulation is 14 days.

(3) For an animal imported from a third country, the individual identification code for the first means of identification (“baseline F eartag”) for the purposes of Section A.2 of the Annex is the following information in the following order:–

(a) the letters “UK”;

(b) the flockmark or herdmark of the holding of import;

(d) the letter “F”.

Second means of identification: animals involved in intra Community trade

9

(1) The keeper of an animal born after 9th July 2005 and involved in intra Community trade shall comply with Article 4(2)(b) of the Council Regulation and this regulation.

(2) The second means of identification to be applied to an animal involved in intra Community trade for the purposes of Section A.4 of the Annex shall be for the purposes of section A4 of the Annex–

(a) an eartag bearing the same individual identification code as that on the identification applied in accordance with Article 4(1) and (2)(b) of the Council Regulation; or

(b) an eartag bearing an individual identification code with the following information in the following order (an “X eartag”):–

(i) the letters “UK”;

(ii) the flockmark or herdmark of the holding from which an animal is being moved;

(iii) a unique number; and

(iv) the letter “X”.

(3) The keeper of an animal born on or before 9th July 2005 and involved in intra Community trade shall apply a second means of identification to that animal in the form of–

(a) an eartag bearing the individual identification code on the eartag already attached to the animal; or

(b) an X eartag.

Movement eartags

10

(1) Subject to paragraph (3)–

(a) the keeper of an animal born after 9th July 2005 which is to be moved from a holding shall comply with the system introduced under Article 4(2)(c) of the Council Regulation (as a replacement for the system of a second means of identification in Article 4(2)(b) of the Council Regulation); and

(b) for the purposes of that replacement system, the identification to be applied to an animal born after 9th July 2005 which is to be moved from a holding shall be an eartag bearing an identification code with the following information in the following order (a “movement eartag”):–

(i) the letter “S”; and

(ii) the flockmark or herdmark of the holding from which the animal is being moved.

(2) Subject to paragraph (3), the keeper of an animal born on or before 9th July 2005 which is to be moved from a holding shall apply to that animal a movement eartag.

(3) Paragraphs (1) and (2) shall not apply–

(a) to the movement of an animal from a holding at which a baseline UK eartag, a baseline S eartag, a baseline F eartag, an R eartag or a tattoo identifying the animal individually was attached to that animal under the Council Regulation, these Regulations or previous Scottish Orders and Regulations;

(b) to the movement of an animal involved in intra Community trade;

(i) the Council Regulation, these Regulations or any provision giving effect to the Council Regulation in England, Wales, Northern Ireland or another member State; or

(ii) previous United Kingdom Orders or Regulations or any provision giving effect to the Council Directive in another member State;

(d) to the movement of an animal to or from a show or exhibition;

(e) to the movement of an animal returning to its holding from temporary grazing;

(f) to the movement of an animal returning to its holding from a holding to which it was moved for the purpose of dipping or shearing;

(g) to the movement of a ram or goat to or from a holding to which it is moved for the purpose of breeding;

(h) to the movement of an animal to another holding in the United Kingdom if the keeper at the holding from which the animal is being moved records the individual identification code of that animal in–

(i) the register at that holding; and

(ii) the movement document;

(i) to the movement of an animal from a market or slaughterhouse; or

(j) to the movement of an animal from a holding when that animal bears a movement eartag applied under these Regulations or previous Scottish Orders or Regulations as a result of an earlier movement from the holding.

Animals intended for slaughter

11

For the purposes of Article 4(3) of the Council Regulation the identification method in Section A.7 of the Annex shall not be used.

PART 3 — Removal and replacement of identification

Removal and replacement of means of identification

12

(1) No person shall remove, unless for the purpose of preventing unnecessary pain or suffering to an animal, or replace, any means of identification attached to an animal otherwise than in accordance with Article 4(6) of the Council Regulation.

(2) Subject to regulation 22(1), any identification which has been removed or lost or become illegible shall be replaced as soon as possible and, in any event, before the animal leaves the holding on which the replacement identification is to be applied.

Replacement eartags

13

(1) Subject to regulations 14(1), 16(1) and 22(1), where the individual identification code of an eartag or tattoo which has been removed or lost or become illegible is known, the keeper, other than a slaughterhouse operator, shall apply to the animal a replacement eartag bearing that individual identification code.

(2) Where the individual identification code of an eartag or tattoo which has been removed or lost or become illegible is not known and–

(a) the animal is on its holding of birth, the keeper shall apply to the animal a baseline UK eartag;

(b) in the case of an animal imported from a third country, the animal is on its holding of import, the keeper shall apply to the animal a baseline F eartag;

(c) the animal is on a holding other than its holding of birth or, in the case of an animal imported from a third country, its holding of import, the keeper shall apply a red replacement eartag bearing an individual identification code with the following information in the following order (an “R eartag”):–

(i) the letters “UK”;

(ii) the flockmark or herdmark of the holding from which an animal is being moved;

(iii) a unique number; and

(iv) the letter “R”.

Replacement tattoos

14

(1) Regulation 13 shall not apply where a replacement tattoo is applied to the animal in accordance with paragraph (2) or (3).

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