The Equine Identification (Wales) Regulations 2019

PART 2E+WAdministrative and procedural provisions and requirements

Competent authority and zootechnical authority for the purposes of the EU RegulationE+W

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

Transfer of ownership of equinesE+W

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 equinesE+W

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

Applications for IDsE+W

6.—(1) For the purposes of Articles 3(3) and 11(2), the owner of an equine [F1born in a member State or in the United Kingdom] 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 [F2Great Britain from a country other than Northern Ireland or a member State] E+W

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 IDsE+W

8.  If the [F3owner] 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 IDsE+W

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 IDsE+W

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 equineE+W

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 equineE+W

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.

TranspondersE+W

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 surgeon who implants a transponder into an equine must take the measures set out in Articles 16 and 17(1) on behalf of an issuing body.

(3) For the purposes of Article 18(5), the responsible person must arrange for a veterinary surgeon to implant a transponder into an equine that is deemed to be identified in accordance with Articles 4(2) or 43(1) if—

(a)a previously implanted and recorded transponder ceases to function;

(b)the equine arrives in Wales having been subject to an alternative method of identity verification authorised by [F4a member State or Northern Ireland] under Article 21; or

(c)the equine—

(i)does not fall within sub-paragraphs (a) or (b);

(ii)has not already had a transponder implanted in compliance with the requirements or specifications as to transponders set out in the EU Regulation or Commission Regulation (EC) No 504/2008(1) of 6 June 2008 implementing Council Directives 90/426/EEC and 90/427/EEC as regards methods for the identification of equidae; and

(iii)was born on or before 30 June 2009.

(4) A veterinary surgeon who implants a transponder into an equine must ensure that the transponder displays a code that is unique to the transponder.

Smart cardsE+W

14.—(1) An equine in respect of which an ID has been issued may be moved or transported within Wales, or into Wales from other parts of the United Kingdom, without being accompanied by its ID if it is accompanied by a smart card issued in accordance with Article 25.

(2) The Welsh Ministers may issue guidance about the format of smart cards.

(3) In this regulation, “smart card” has the meaning given in Article 2.

DatabasesE+W

15.—(1) An issuing body must provide the following information to the central database—

(a)within 24 hours of the information being created or amended by the body—

(i)the identification details described in Article 27(1);

(ii)the information recorded in the issuing body’s database under Article 38(1);

(b)within 24 hours of a request from the Welsh Ministers, such other information (not falling within sub-paragraph (a)) as the Welsh Ministers may reasonably request in relation to the issuing of any ID by the issuing body or the carrying out by the issuing body of its functions under these Regulations or the EU Regulation.

(2) Following a request in writing from an issuing body, the Welsh Ministers may extend the time within which the issuing body is to provide the information under paragraph (1) to the central database.

(3) Any extension of time under paragraph (2) must be notified to the issuing body in writing.

(4) For the purposes of Article 40(1), an issuing body must incorporate the information falling within Articles 28(e) and 38(1) into the central database.

(5) The Welsh Ministers may issue guidance to issuing bodies about the central database and how to enter information into it.

(6) The Welsh Ministers may share any data or information held or stored in, or which is to be held or stored in, the central database with the Secretary of State, the Scottish Ministers and, in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.

(7) In this regulation, “central database” means the database established by the Secretary of State in accordance with Article 39.