The Sheep and Goats (Records, Identification and Movement) (Wales) Order 2008
| Jurisdiction | Wales |
| Citation | SI 2008/130 (W17) |
| Year | 2008 |
2008 No. 130 (W.17)
ANIMALS, WALESANIMAL HEALTH
The Sheep and Goats (Records, Identification and Movement) (Wales) Order 2008
Made 21th January 2008
Coming into force 22th January 2008
The Welsh Ministers make the following Order in exercise of powers conferred by sections 1, 8(1), and 83(2) of the Animal Health Act 19811and now vested in them2.
PART 1
Introduction
Title, application and commencement
1. The title of this Order is the Sheep and Goats (Records, Identification and Movement) (Wales) Order 2008, it applies in relation to Wales and comes into force on 22 January 2008.
Interpretation
2.—(1) In this Order—
“animal” (“anifail”) means any animal of the ovine or caprine species;
“assembly centre” (“canolfan ymgynnull”) means any holding, collection centre or market 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;
“column 1 of section 2 of the register” (“colofn 1 o adran 2 o'r gofrestr”) means the column headed “Date of replacement tag being applied” within the Replacement Tag Record (R tag only) in Schedule 2.
“column 2 of section 2 of the register” (“colofn 2 o adran 2 o'r gofrestr”) means the column headed “Replacement (R) tag number” within the Replacement Tag Record (R tag only) in Schedule 2;
“column 3 of section 2 of the register” (“colofn 3 o adran 2 o'r gofrestr”) means the column headed “Letters and Previous Flock or Herd Number (if known)” within the Replacement Tag Record (R tag only) in Schedule 2;
“Council Directive 92/102/EEC” (“Cyfarwyddeb y Cyngor 92/102/EEC”) means Council Directive 92/102/EECon the identification and registration of animals3;
“the Council Regulation” (“Rheoliad y Cyngor”) means Council Regulation (EC) No. 21/2004establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No. 1782/2003and Directives 92/102/EECand 64/432/EEC4;
“CPH” (“CPH”) in the forms in Schedules 1 and 2, means the county parish holding number assigned to any premises of part of any premises by the Welsh Ministers;
“export” (“allforio”) means sending to another member State or a third country;
“flockmark” (“nod y ddiadell”) means the number allocated by the Welsh Ministers in respect of a flock of sheep on a holding;
“herdmark” (“nod yr eifre”) means the number allocated by the Welsh Ministers in respect of a herd of goats on a holding;
“holding” (“daliad”) has the meaning given in Article 2 of the Council Regulation;
“holding of origin” (“y daliad tarddu”) means the holding on which an animal was present immediately before moving to an assembly centre or, where an animal is consigned for export other than through an assembly centre, the holding on which an animal is present immediately prior to export;
“identification code” (“cod adnabod”) means the code set out on a means of identification as required under this Order;
“identification mark” (“marc adnabod”) means a method of identification applied in another member State, a means of identification or an older means of identification;
“identification tag” (“tag adnabod”) means an eartag approved by the Welsh Ministers in accordance with article 11 bearing the information set out in sub-paragraphs (a) to (c) of article 5(5);
“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 operator” (“gweithredydd 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 tag or an identification tattoo;
“method of identification” (“dull adnabod”) means an eartag or tattoo applied in another member State or a third country;
“movement document” (“dogfen symud”) means the movement document required by Article 6 of the Council Regulation;
“older means of identification” (“modd hyn o adnabod”) means an eartag or tattoo applied under the previous Orders;
“the previous Orders” (“y Gorchmynion blaenorol”) means—
(a) the Sheep and Goats (Records, Identification and Movement) (England) Order 20055;
(b) the Sheep and Goats Identification and Movement (Interim Measures) (England) (No.2) Order 20026;
(c) the Sheep and Goats Identification and Movement (Interim Measures) (England) Order 20027;
(d) the Sheep and Goats Identification (England) Order 20008;
(e) the Sheep and Goats (Records, Identification and Movement) (Wales) Order 20069;
(f) the Sheep and Goats Identification and Movement (Interim Measures) (Wales) (No.2) Order 200210;
(g) the Sheep and Goats Identification and Movement (Interim Measures) (Wales) Order 200211;
(h) the Sheep and Goats Identification and Movement (Interim Measures) (Wales) Regulations 200212;
(i) the Sheep and Goats (Records, Identification and Movement) Order (Northern Ireland) 200513;
(j) Identification and Movement of Sheep and Goats Order (Northern Ireland) 200414);
(k) Identification and Movement of Sheep and Goats Order (Northern Ireland) 199715);
(l) the Sheep and Goats (Identification and Traceability) (Scotland) Regulations 200616);
(m) the Sheep and Goats Movement (Interim Measures) (Scotland) Order 200217); or
(n) the Sheep and Goats Identification (Scotland) Regulations 200018);
“register” (“cofrestr”) means the register required by Article 5 of the Council Regulation and in the form set out in Schedule 1;
“replacement means of identification” (“modd adnabod o'r newydd”) means a replacement tag or replacement tattoo;
“replacement tag” (“tag cyfnewid”) means a red eartag approved by the Welsh Ministers in accordance with article 11 with a code comprising the following information, printed in the following order—
(a) the letters “UK”;
(b) the flockmark or herdmark of the flock or herd the animal is in when the identification tag is applied;
(c) a unique number; and
(d) the letter “R”;
“replacement tattoo” (“tatw cyfnewid”) means a tattoo comprising the following information, printed in the following order—
(a) the letters “UK”;
(b) the flockmark or herdmark of the flock or herd the animal is in when the tattoo is applied;
(c) a unique number; and
(d) the letter “R”;
“slaughterhouse operator” (“gweithredydd 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 of animals
Identification of animals not identified before 22 January 2008
5.—(1) This article applies to—
(a)
(a) animals born before 22 January 2008 which are not identified before that date and are on their holding of birth; and
(b)
(b) animals born on or after 22 January 2008.
(2) A keeper must comply with Article 4(1) (first paragraph) and Article 4(2)(a) and (b) of the Council Regulation and this article unless the alternative method of identification set out in article 6 is authorised.
(3) For the purpose of Article 4(1) of the Council Regulation, the time limits for identifying an animal are—
(a)
(a) 9 months from the date of birth, in the case of an animal kept in extensive or free range farming conditions; or
(b)
(b) 6 months from the date of birth, in the case of any other animal.
(4) An eartag applied as the first or second means of identification may be any colour other than red.
(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)
(a) the letters “UK”;
(b)
(b) the flockmark or herdmark of the flock or herd into which the animal is born; and
(c)
(c) a unique number
and must be identical on the first and second means of identification.
Identification of animals intended for slaughter
6.—(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 as an alternative to the means of identification referred to in Article 4(2) of that Regulation.
(2) The identification code for the purposes of Section A.7 of the Annex to the Council Regulation must be the same as that set out in sub-paragraphs (a) to (c) of article 5(5).
(3) Any animal identified by the means of identification referred to in paragraph (1) (“the first identification tag”), must be identified with a second means of identification in accordance with paragraphs (4) to (6) if it —
(a)
(a) is not slaughtered before the age of 12 months; or
(b)
(b) is consigned for export.
(4) The second means of identification must be either—
(a)
(a) an additional identification tag or, unless the animal is destined for export, a tattoo, with the same identification code as on the first identification tag; or
(b)
(b) two...
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