The Equine Identification (Wales) Regulations 2019

Document Number:2019 No. 57 (W. 20)
 
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Welsh Statutory Instruments

Animals, Wales

Made

15 January 2019

Laid before the National Assembly for Wales

17 January 2019

Coming into force in accordance with regulation 1

The Welsh Ministers are designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) (“the 1972 Act”) in relation to the common agricultural policy of the European Union.

The Welsh Ministers make these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1 A of Schedule 2 to, the 1972 Act(3).

These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Welsh Ministers that it is expedient for references in these Regulations to provisions of European Union instruments to be construed as references to those provisions as amended from time to time.

PART 1 Introductory

Title, commencement and application

  1. —(1) The title of these Regulations is the Equine Identification (Wales) Regulations 2019 and, except for regulation 13(3)(c) , these Regulations come into force on 12 February 2019.

    (2) Regulation 13(3)(c) comes into force on 12 February 2021.

    (3) These Regulations apply in relation to Wales.

    Interpretation

  2. In these Regulations—

    “Article” (“Erthygl”) means an Article of the EU Regulation;

    “compliance notice” (“hysbysiad cydymffurfio”) has the meaning given in regulation 37;

    “designated area” (“ardal ddynodedig”) means an area described as such in regulation 16;

    “enforcement costs” (“costau gorfodi”) means the costs which a person is required to pay under an enforcement costs recovery notice;

    “enforcement costs recovery notice” (“hysbysiad adennill costau gorfodi”) has the meaning given in regulation 40;

    “enforcing authority” (“awdurdod gorfodi”) means a local authority falling within regulation 31;

    “equine” (“ceffyl”) means a wild, semi-wild or domesticated soliped within the genus Equus of the family Equidae and their crosses;

    “EU Regulation” (“Rheoliad yr UE”) means Commission Implementing Regulation (EU) 2015/262 of 17 February 2015(4) laying down rules pursuant to Council Directives 90/427/EEC(5) and 2009/156/EC(6) as regards the methods for the identification of equidae, as amended from time to time;

    “fixed monetary penalty” (“cosb ariannol benodedig”) has the meaning given in regulation 39;

    “fixed monetary penalty notice” (“hysbysiad cosb ariannol benodedig”) has the meaning given in regulation 39;

    “ID” (“dogfen adnabod”) means the identification document for the identification of an equine in accordance with the EU Regulation and these Regulations;

    “inspector” (“arolygydd”) means a person appointed as such under regulation 32 or under the Animal Health Act 1981(7);

    “issuing body” (“corff dyroddi”) means an issuing body as referred to in Article 5(1);

    “keeper” (“ceidwad”) has the meaning given in Article 2;

    “non-compliance penalty” (“cosb am beidio â chydymffurfio”) has the meaning given in regulation 38;

    “non-compliance penalty notice” (“hysbysiad cosb am beidio â chydymffurfio”) has the meaning given in regulation 38;

    “offender” (“troseddwr”) has the meaning given in regulation 35(1);

    “official veterinarian” (“milfeddyg swyddogol”) has the meaning given in Article 2;

    “owner” (“perchennog”) has the meaning given in Article 2;

    “responsible person” (“person cyfrifol”) means—

    the owner; or

    if the owner does not have primary day-to-day responsibility for the equine concerned, the keeper;

    “transponder” (“trawsatebydd”) has the meaning given in Article 2;

    “wild or semi-wild equine” (“ceffyl gwyllt neu led-wyllt”) means an equine falling within regulation 16(1);

    “within 24 hours” (“o fewn 24 awr”) means before the end of the period of 24 hours beginning with the time at which—

    for the purposes of regulation 15(1)(a) , the information is created or amended; or

    for the purposes of regulation 15(1)(b) , the issuing body receives the Welsh Ministers’ request,

    but not including any time that is not part of a working day; and for this purpose “working day” (“diwrnod gwaith”) means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971(8).

    PART 2 Administrative and procedural provisions and requirements

    Competent authority and zootechnical authority for the purposes of the EU Regulation

  3. The Welsh Ministers are the competent authority and the zootechnical authority for the purposes of the EU Regulation.

    Transfer of ownership of equines

  4. —(1) A person who transfers the ownership of an equine to another person (the “transferee”) must provide that equine’s ID to the transferee at the time of the transfer.

    (2) Before the end of the period of 30 days beginning with the day on which the transfer took effect, the transferee must—

    (a) notify the issuing body of—

    (i) the transfer of ownership; and

    (ii) the transferee’s name, address and contact details; and

    (b) send the ID for the equine concerned to the issuing body.

    Identification of equines

  5. A person must not keep an equine unless it is identified in accordance with the EU Regulation and these Regulations.

    Applications for IDs

  6. —(1) For the purposes of Articles 3(3) and 11(2) , the owner of an equine born in the European Union and located on a holding in Wales must ensure that an application for an ID for that equine is received by an issuing body no later than 30 days prior to the final date for issuing an ID as set out in paragraph (2).

    (2) The final date is the later of—

    (a)31 December in the calendar year of the equine’s birth; or

    (b)6 months following the date of the equine’s birth.

    (3) An application must be accompanied by such fee specified by the issuing body to which it is submitted.

    Completion of existing IDs for equines imported into the European Union

  7. The keeper must provide to the issuing body all information necessary to allow the body to complete an existing ID for the purposes of Article 15(2) , subject to Article 15(3) , so that it complies with the requirements of Article 7(2).

    Modification of identity details in IDs

  8. If the responsible person believes that any identity details contained in the equine’s ID require modification or updating, whether pursuant to Article 27(1) or otherwise, the owner must ask the issuing body to modify or update the ID.

    Format and content of IDs

  9. —(1) An issuing body—

    (a) must ensure that any stock of pre-printed blank IDs (“pre-printed blank stock”) which it holds or maintains;

    (b) must ensure that any ID which it issues from such pre-printed blank stock; and

    (c) may ensure that ID which it issues otherwise than from pre-printed blank stock,

    complies with paragraph (2).

    (2) For the purpose of paragraph (1) , the ID or the pre-printed blank stock must, as a minimum, contain a serial number that is printed on each of the pages which form sections I to III of the ID (as set out in Annex I to the EU Regulation).

    (3) An issuing body must ensure that all IDs and pre-printed blank stock are securely managed on its premises.

    (4) If an ID or any pre-printed blank stock is lost, missing or stolen, the issuing body concerned must—

    (a) notify the Welsh Ministers as soon as possible of the loss, misplacement or theft; and

    (b) with the notification mentioned in sub-paragraph (a) , inform the Welsh Ministers of—

    (i) the circumstances of the loss, misplacement or theft; and

    (ii) the serial numbers for the ID or the pre-printed blank stock concerned.

    (5) For the purposes of Article 9(1)(c) , as read with, and subject to, Article 10(3) , the issuing body concerned must ensure that section IV (details of ownership) of an ID is completed before the ID is issued under Article 9.

    (6) An ID or any part of it may be in an additional language.

    Verification of IDs

  10. Upon request from the Welsh Ministers, an issuing body must verify whether an ID that has been, or which appears to have been, issued by it is unique, genuine and authentic.

    Requirement to provide ID to a veterinary surgeon treating an equine

  11. —(1) This regulation applies if a veterinary surgeon is treating an equine.

    (2) Upon reasonable request from the veterinary surgeon, the responsible person must provide the equine’s ID to the veterinary surgeon without delay.

    Slaughter, death or loss of an equine

  12. —(1) Where, in accordance with Article 34(1)(c)(ii) , an official veterinarian, or a person acting under the supervision of an official veterinarian, is required to return an invalidated ID to the issuing body, the official veterinarian, or the person acting under his or her supervision, must return that ID to the issuing body as soon as is reasonably practicable.

    (2) Where, in accordance with Article 35(1) , a keeper is required to return an ID to the issuing body, the keeper must return that ID to the issuing body within a period of 30 days of the death or loss of the equine.

    Transponders

  13. —(1) For the purposes of Article 18(3) , the minimum qualification required for the person entrusted with the implantation of a transponder is membership of the Royal College of Veterinary Surgeons, and in this regulation that person is referred to as a “veterinary surgeon”.

    (2) A veterinary...

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