The Sheep and Goats (Records, Identification and Movement) (Wales) Order 2015

Made: 8 December 2015

Laid before the National Assembly for Wales: 11 December 2015

Coming into force in accordance with article 1(3)

The Welsh Ministers make the following Order in exercise of the powers conferred by sections 1, 8(1), and 83(2) of the Animal Health Act 1981[^f00001].

PART 1 — Introduction

Title, application and commencement

1

• (1) The title of this Order is the Sheep and Goats (Records, Identification and Movement) (Wales) Order 2015.

• (2) This Order applies in relation to Wales.

• (3) This Order comes into force on 1 January 2016 except for Part 8 which comes into force on 18 January 2016.

Interpretation

2

• (1) In this Order—

• “animal” (“anifail”) means any animal of the ovine or caprine species;

• “assembly centre” (“canolfan grynhoi”) means any holding at which sheep or goats originating from different holdings are grouped together to form consignments of animals intended for export or which is used in the course of export;

• “central point of recording” (“pwynt cofnodi canolog”) means a holding approved by the Welsh Ministers under Section C.2 of the Annex to the Council Regulation for recording the identities of animals arriving at that holding;

• “collection centre” (“canolfan gasglu”) means premises used for the intermediate reception of animals intended to be moved elsewhere (but does not include a market or other place used for the sale or trading of animals unless all the animals there are intended for immediate slaughter);

• “Council Directive 92/102/EEC” (“Cyfarwyddeb y Cyngor 92/102/EEC”) means Council Directive 92/102/EEC on the identification and registration of animals[^f00002];

• “the Council Regulation” (“Rheoliad y Cyngor”) means Council Regulation (EC) No. 21/2004 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[^f00003] as amended from time to time;

• “export” (“allforio”) means sending to a member State or a third country;

• “flockmark” (“nod diadell”) means the number allocated by the Welsh Ministers in respect of a flock of sheep on a holding;

• “holding” (“daliad”) has the meaning given in Article 2 of the Council Regulation;

• “identification code” (“cod adnabod”) means the code set out on a means of identification as required under this Order or under the previous Orders;

• “identification device” (“dyfais adnabod”) means an eartag, electronic eartag, pastern tag, electronic pastern tag or bolus;

• “identification mark” (“marc adnabod”) means a method of identification applied in a member State, a means of identification or an older means of identification;

• “illegible” (“annarllenadwy”) means, in relation to an electronic identification device, unreadable either electronically or visually;

• “inspector” (“arolygydd”) means a person appointed to be an inspector for the purposes of this Order by the Welsh Ministers or a local authority;

• “keeper” (“ceidwad”) has the meaning given in Article 2 of the Council Regulation;

• “local authority” (“awdurdod lleol”) means in relation to an area the county council or county borough council for that area;

• “market” (“marchnad”) means a market place, sale yard or any other premises or place to which animals are brought from any other place to be exposed for sale and includes any place, lairage or parking area adjoining a market and used in connection with it;

• “market operator” (“gweithredwr marchnad”) means a person responsible for managing the reception or the sale of animals in a market or a duly authorised representative of such a person;

• “means of identification” (“modd adnabod”) means an identification device or a tattoo;

• “member State” (“Aelod-wladwriaeth”) means a member State of the European Union;

• “method of identification” (“dull adnabod”) means an eartag, pastern tag or tattoo applied in a member State or third country;

• “movement document” (“dogfen symud”) means the movement document required by Article 6 of the Council Regulation;

• “the previous Orders” (“y Gorchmynion blaenorol”) means—the Sheep and Goats (Records, Identification and Movement) (Wales) Order 2009[^f00004];the Sheep and Goats (Records, Identification and Movement) (Wales) Order 2008[^f00005];the Sheep and Goats (Records, Identification and Movement) (Wales) Order 2006[^f00006];the Sheep and Goats Identification and Movement (Interim Measures) (Wales) (No. 2) Order 2002[^f00007];the Sheep and Goats Identification and Movement (Interim Measures) (Wales) Order 2002[^f00008];the Sheep and Goats Identification and Movement (Interim Measures) (Wales) Regulations 2002[^f00009];the Sheep and Goats (Records, Identification and Movement) (England) Order 2009[^f00010];the Sheep and Goats (Records, Identification and Movement) (England) Order 2007[^f00011];the Sheep and Goats (Registration, Identification and Movement) (England) Order 2005[^f00012];the Sheep and Goats Identification and Movement (Interim Measures) (England) (No. 2) Order 2002[^f00013];the Sheep and Goats Identification and Movement (Interim Measures) (England) Order 2002[^f00014];the Sheep and Goats Identification (England) Order 2000[^f00015];the Sheep and Goats (Records, Identification and Movement) Order (Northern Ireland) 2009[^f00016];the Sheep and Goats (Records, Identification and Movement) Order (Northern Ireland) 2005[^f00017];the Identification and Movement of Sheep and Goats Order (Northern Ireland) 2004[^f00018];the Identification and Movement of Sheep and Goats Order (Northern Ireland) 1997[^f00019];the Sheep and Goats (Records, Identification and Movement) (Scotland) Order 2009[^f00020];the Sheep and Goats (Identification and Traceability) (Scotland) Regulations 2006[^f00021];the Sheep and Goats Movement (Interim Measures) (Scotland) Order 2002[^f00022];the Sheep and Goats Identification (Scotland) Regulations 2000[^f00023];

• “register” (“cofrestr”) means the register required by Article 5 of the Council Regulation;

• “slaughterhouse operator” (“gweithredwr lladd-dy”) means a person carrying on the business of a slaughterhouse or the duly authorised representative of such a person;

• “unique number” (“rhif unigryw”) means a number that is unique to an animal in a flock or herd and contains no more than 6 digits.

• (2) Expressions not defined in paragraph (1) which are used in this Order and which are also used in the Council Regulation have the same meaning in this Order as they have in that Regulation.

Competent authority

3

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

Authorisations

4

Any authorisations or approvals issued under this Order or the Council Regulation must be in writing, may be made subject to conditions, and may be amended, suspended or revoked by notice at any time.

PART 2 — Identification devices

Approval of identification devices

5

Identification devices used to comply with this Order must be of a model approved by the Welsh Ministers.

Additional tags and identification devices with additional information

6

• (1) At the request of a keeper, a manufacturer of identification devices may, subject to article 6(2), add supplementary information to an identification device or replacement device provided that—

• (a) the supplementary information is distinct from the identification code; and

• (b) the identification code remains legible and clearly distinguishable at all times.

• (2) A keeper may apply an additional tag to an animal but it must not contain the letters “UK” or bear a flockmark or herdmark, unless authorised by the Welsh Ministers.

Colour of identification devices

7

• (1) All electronic identification devices, other than replacement devices and boluses, must be yellow and no keeper may apply a yellow identification device that is not electronic.

• (2) No person may attach a red identification device to any animal, other than a replacement identification device.

• (3) Where a keeper re-identifies an animal and that animal is not on its holding of birth, or the keeper does not know the holding of birth, they must use a red replacement identification device but the requirement to use a red identification device does not apply to the use of boluses.

• (4) Where an animal is identified by means of a bolus and a second identification device that second device must be black and a black identification device may only be used in combination with a bolus.

• (5) The characters on all identification devices must be a different colour from the background of the device and must be clearly legible at all times when the device is attached to an animal.

• (6) The fixing mechanism of a yellow, red or black eartag may be of any colour.

Destruction of identification devices

8

• (1) The operator of a slaughterhouse, knackers yard, hunt kennels or rendering plant and any other person who finally disposes of an identified animal carcass must destroy in a secure manner which prevents reuse of all identification devices on animals they slaughter or otherwise dispose of.

• (2) Secure destruction includes the rendering of any identification device.

PART 3 — Identification of animals

Identification of animals on or after 1 January 2016

9

• (1) This article applies to—

• (a) animals born before 1 January 2016 that are not identified before that date and are on their holding of birth;

• (b) sheep born on or after 1 January 2016; and

• (c) goats born on or after 1 January 2016 whose keepers choose to identify them electronically.

• (2) A keeper must comply with Article 4(1) (first paragraph), Article 4(2)(a) and (b) and Article 9(3) of the Council Regulation and this article unless the alternative identification method set out in article 10 is authorised.

• (3) For the purpose of Article 4(1) of the Council Regulation, the time limits for identifying an animal are—

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

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

• (4) No animal may be identified by the use of a bolus in combination with a tattoo.

• (5) The identification code on a means of identification for the purposes of Section A.2 of the Annex to the Council Regulation must be—

• (a) the letters “UK” or, on an electronic identification device, the numbers “826”; and

• (b) a 12 digit number specified by the Welsh Ministers;

and must be identical on the first and second means of identification.

Identification of animals intended for slaughter

10

• (1) For animals intended for slaughter before the age of 12 months and not intended for export, the identification method in Section A.7 of the Annex to the Council Regulation is authorised, and that identification method must be electronic in the case of sheep.

• (2) The identification code for the purposes of Section A.7 of the Annex to the Council Regulation must be the letters “UK” followed by the flockmark or herdmark; no other number issued by the competent authority may be visibly recorded on this eartag.

• (3) Where it is intended to slaughter after the age of 12 months or to export an animal identified under paragraph (1) that animal must be identified in accordance with article 9 and the original eartag removed.

• (4) A keeper may re-identify under article 9 an animal identified under this article and need not slaughter that animal before the age of 12 months only if—

• (a) the animal is on its holding of birth; or

• (b) the keeper has a complete record of all the animal’s movements.

• (5) Where an animal is re-identified under paragraph (4)(b) the keeper must cross-reference the old and new identification codes in the holding register.

• (6) A keeper may re-identify a goat identified under paragraph (1) by using an eartag of the kind described in paragraph (2) which includes an electronic identifier.

Animals born and identified before 1 January 2016

11

Part 3 of the Sheep and Goats (Records, Identification and Movement) (Wales) Order 2009, in the form in which it existed immediately before the coming into force of this Order, continues to apply to animals born and identified before 1 January 2016, save that sheep intended for slaughter before the age of 12 months and not intended for export and identified before 1 January 2016 using the method in Section A.7 of the Annex to the Council Regulation may continue to be identified in accordance with that method until 30 June 2017. The animal must then be identified in accordance with article 9 and the original non-electronic eartag removed.

PART 4 — Removal or replacement of means of identification of animals identified under Part 3

Application of Part 4

12

This Part applies to all animals identified under Part 3.

Removal or replacement of means of identification

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• (1) No person may contravene or fail to comply with Article 4(6) (first paragraph) of the Council Regulation.

• (2) But a keeper must replace a lost or illegible means of identification, in accordance with articles 14 or 15 as the case may require, as soon as possible after the original means of identification is discovered to be lost or illegible, but in any event—

• (a) no later than 28 days after it was discovered to be lost or illegible, and

• (b) before the animal is moved from the holding.

• (3) Where an identification mark is replaced with an identification mark bearing a different identification code and the old identification code is known the keeper must cross-reference the old and new identification codes in the holding register.

• (4) It is a defence for any person charged with an offence of contravening or failing to comply with paragraphs (1) or (2) to prove that—

• (a) the means of identification was removed to prevent unnecessary pain to an animal; and

• (b) a replacement means of identification bearing the same identification code was applied to the animal as soon as possible.

Replacement of the means of identification for animals identified according to article 9 or article 11

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• (1) Where an animal identified according to article 9 or article 11 loses one means of identification, or that means of identification becomes illegible, the means of identification is replaced in accordance with this article if it is replaced with one bearing the same 12 digit number or the remaining identification device is removed and the animal is re-identified according to article 9 or article 11.

• (2) Where an animal identified according to article 9 or article 11 loses both means of identification, or both means of identification become illegible, it is re-identified according to this article if it is re-identified according to article 9 or article 11.

Replacement of lost or illegible means of identification for animals identified according to article 10 or article 11

15

• (1) Where an animal identified according to article 10 or article 11 loses its eartag or that eartag becomes illegible and is on its holding of birth it is re-identified according to this article if the eartag is replaced with an eartag bearing the same flockmark or herdmark.

• (2) Where an animal identified according to article 10 or article 11 loses its eartag or that eartag becomes illegible and is not on its holding of birth, or if the keeper does not know if it is on its holding of birth, it is re-identified according to this article if the eartag is replaced with a red eartag bearing the flockmark or herdmark of the holding the animal is now on.

PART 5 — Identification of goats born on or after 1 January 2016

Identification of goats

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• (1) Where a goat is on its holding of birth and has not been identified before 1 January 2016 the keeper must, if they have not identified it in accordance with Part 3, identify it within the time limits specified in article 9(3), with either—

• (a) two eartags;

• (b) an eartag and a pastern tag; or

• (c) an eartag and a tattoo.

• (2) The identification code on a means of identification must be—

• (a) the letters “UK”; and

• (b) a 12 digit number in accordance with a numbering scheme prescribed by the Welsh Ministers;