Proposal for a COUNCIL REGULATION (EEC) concerning the identification and registration of animals
Date: 1992-05-05
Institutions: European Commission
Subjects: directory, exchange of information, extra-EU trade, intra-EU trade, live animal, veterinary inspection

COMMISSION  OF  THE  EUROPEAN  COMVttJNITIES 

C0M(92) 148 final 

Brussels, 5 May  1992 

Proposal  for a 

COUNCIL  REGULATION  (EEC) 

concerning  the  identification and 

registration of  animals 

(presented  by  the Commission) 

-  2 -

EXPLANATORY  MEMORANDUM 

The  Council  has  adopted  Directive  90/425/EEC  of  26  June  19901, 

concerning  veterinary  and  zootechnical  checks  applicable  in  intra-

Community  trade  in certain  live animals and products with a view to the 

completion of the  internal  market. 

Article  3,  paragraph  (1)(c) of  the  Directive  states  that  animals  for 

intra-Community  trade  must  be  identified  in  accordance  with  the 

requirements  of  Community  rules  and  be  registered  in  such  a way  that 

the original  or  transit  holding,  centre  or  organization  can  be  traced 

and,  that  before  1 January  1993, these  identification and  registration 

systems  shall  be  extended  to  the  movements  of  animals  within  the 

territory of each Member  State; 

The management  of Community  aid schemes,  in particular  concerning  stock 

farming  of  cattle,  make  it  indispensable  to  be  able  to  rely  on 

identification  and  registration  rules  applicable  throughout  the 

Community  and  satisfying  the  same  minimum  conditions.  These 

requirements  will  be  of  major  importance  in  the  near  future,  taking 

into  consideration  the  reform  of  the  CAP  as  well  as  the  foreseeable 

effect  of  the  situation  after  1992.  From  a  pragmatic  viewpoint  the 

needs  to  identify  and  to  trace  back  animals  for  veterinary  as well  as 

market  purposes must,  in this respect, be  combined. 

The  proposed  Regulation  provides  for minimum  requirements, which  means 

that  the Member  States may extend  the rules. 

The  proposed  measures  aim  to permit  movements  of  animals  to be  traced 

rapidly  and accurately. 

For  this  reason,  animals must  be  identified  by  a mark  and  accompanied 

by a document  throughout  any movement. 

1  OJ No L 224, 18.8.1990, p. 29. 

-  .3 -

For  the  purpose  of  this  Regulation  an  animal  is  identified  as  any 

bovine, ovine, caprine or porcine  animal  and  any  farmed  deer  kept  on a 

ho Id i ng. 

The mark  shall  bear  an alphanumeric  code which  identifies  the  holding. 

For  bovine  animals  the  alpha  numeric  code  shall  in  addition  identify 

each  individuai  animal. 

The  competent  Authority  may  permit  derogations  from  the  requirements 

for  marks  and  documents  in  the  case  of  animals  moving  directly  from a 

farm  to  a  slaughterhouse,  but  these  animals  must  in  any  case  be 

identified  so that  their  farm of origin can be  traced. 

The  requirements  for  the  mark  and  the  document  are  laid  down  in  an 

Annex. 

In  order  to  ensure  an  effective  system  of  control,  the  owners  or 

keepers of  holdings must  maintain  up-to-date  records of  the  animals on 

their  holdings  and  persons  involved  in  the  commerce  of  animals  must 

keep  records  of  their  dealings.  The  competent  Authority  will  have 

access to these records on  request. 

Provision  is  made  for  a  rapid  and  effective  exchange  of  information 

between Member  States. 

-  4 -

Proposal  for a 

COUNCIL  REGULATION  (EEC) 

concerning  the  identification and 

registration  of  animals 

THE COUNCIL  OF THE EUROPEAN  COMMUNITIES, 

Having  regard  to  the  Treaty  establishing  the  European  Economic 

Community,  and  in particular  Article  43 thereof, 

Having  regard  to the proposal  from  the  Commission, 

Having  regard  to the opinion of  the European  Parliament, 

Having  regard  to the opinion of  the Economic  and Social  Committee, 

Whereas Article  3(1)(c) of Council  Directive  90/425/EEC of  26 June  1990 

concerning  veterinary  and  zootechnical  checks  applicable  in  intra-

Community  trade  in certain  live animals  and  products with  a view  to the 

completion  of  the  internal  market1,  as  last  amended  by  Directive 

91/496/EEC2,  states  that  animals  for  intra-Community  trade  must  be 

identified  in  accordance  with  the  requirements  of  Community  rules  and 

be  registered  in  such  a  way  that  the  original  or  transit  holding, 

centre  or  organization  can  be  traced,  and  that  before  1  January  1993 

these  identification and  registration  systems  are  to be extended  to the 

movements of animals within  the  territory of each Member  State; 

1  0J  No L 224, 18.8.1990, p. 29. 
2  0J  No L 268, 24.9.1991, p. 56. 

5  -

Whereas  Article  14  of  Council  Directive  91/496/EEC  of  15  July  1991 

laying  down  the  principles  governing  the  organization  of  veterinary 

checks  on  animals  entering  the  Community  from  third  countries  and 

amending  Directives  89/662/EEC,  90/425/EEC  and  90/675/EEC  states  that 

for  animals  entering 

the  Community 

from 

third 

countries 

the 

identification  and  registration  provided  for  in  Article  3(1)(c)  of 

Directive  90/425/EEC  must,  except  in  the  case  of  animals  for  slaughter 

and  registered  equidae,  be  carried  out  at  the  place  of  destination  of 

the  animals; 

Whereas  the management  of  certain  Community  aid  schemes  in  the  field  of 

agriculture  requires  the  individual  identification  of  certain  types  of 

livestock;  whereas  the  identification  and  registration  system  must, 

therefore,  be  suitable  for  the  application  and  control  of  such 

measures; 

Whereas  it  is  necessary  to  ensure  the  rapid  and  efficient  exchange  of 

information  between  Member  States  for  the  correct  application  of  this 

Regulation;  whereas  Community  provisions  have  been  established  by 

Council  Regulation  (EEC) No  1468/81  of  19 May  1981  on  mutual  assistance 

between  the  administrative  authorities  of  the  Member  States  and 

cooperation  between  the  latter  and  the  Commission  to ensure  the  correct 
application  of  the  law on  customs  or  agricultural  matters3,  as  amended 
by  Regulation  (EEC)  No  945/874  and  by  Council  Directive  89/608/EEC  on 

mutual  assistance  between  the  administrative  authorities  of  the  Member 

States  and  cooperation  between  the  latter  and  the  Commission  to  ensure 

the  correct  application  of  legislation  on  veterinary  and  zootechnical 

matters^; 

Whereas  owners  or  keepers  of  holdings  must  maintain  up-to-date  records 

of  the  animals  on  their  holdings;  whereas  persons  involved  in  the 

commerce  of  animals  must  keep  records  of  their  dealings;  whereas  the 

competent  authority  must  have  access  to  these  records  on  request; 

3 
4 
5 

OJ  NO  L  144, 2.6.1981.  p.  1. 
OJ  No  L 90, 2.4.1987,  p.  3. 
OJ  No  L  351, 2.12.1989,  p. 34. 

- 6 

Whereas  in  order  to  permit  movements  of  animals  to  be  traced  rapidly 

and  accurately,  animals must  be  identified  by a mark  and  accompanied  by 

a document  throughout  any movement; whereas  the  form  and  content  of  the 

mark  and,  where  another  Community  document  is  not  required,  the 

document, must  be  laid down on  a Community  basis; 

Whereas  provision  should  be made  for waiving  the  requirements  for  marks 

and  documents  in  the  case  of  animals  moving  directly  from  a  farm  to a 

slaughterhouse;  whereas,  however,  these  animals  must  in  any  case  be 

identified  so  that  their  farm of origin  can be  traced; 

Whereas  in  the  case  of  animals  in  which  the  mark  has  been  lost  or 

become  illegible,  a new  mark  must  be  applied  under  the  supervision  of 

the competent  authority; 

Whereas  this Regulation  must  not  affect  specific  requirements  contained 

in  Commission  Decision  89/153/EEC  of  13  February  1989  concerning  the 

correlation  of  samples  taken  for  residue  examination  with  animals  and 

their  farms  of  origin6,  or  any  relevant  applicatory  rules  established 

in accordance  with  Directive 91/496/EEC; 

Whereas  provision  must  be made  for  a management  committee  procedure  for 

the  adoption  of  any  necessary  implementing  rules  and  for  supplementing 

or  amending  the annexes, 

HAS ADOPTED  THIS  REGULATION: 

OJ  No L 59, 2.3.1989,  p. 33. 

- 7 -

Art icle 1 

This  Regulation  sets out  minimum  requirements  for  the  identification 

and registration of animals. 

It  shall  apply  without  prejudice  to  Decision  89/153/EEC  and  to 

implementing rules laid down  in accordance with Directive 91/496/EEC. 

Article 2 

For  the  purpose  of  this  Regulation  the  following  definitions  shall 

apply: 

(a) ho Id i no: any premises in which animals are kept or handled; 

(b) farm:  an agricultural  establishment  other  than  the  premises of a 

dealer or a market, in which  the animals referred  to  in point  (c) 

are regularly kept; 

(c) animal:  any  bovine,  ovine,  caprine,  or  porcine  animal  and  any 

farmed deer kept on a holding; 

(d) owner  or  keeper: any person or  persons, either  natural  or  legal, 

having ownership of the animals, or charged with keeping  the said 

animals, whether or not for financial gain; 

(e) competent authority: the co-ordinating public authority referred to 

in Article 3 or any authority  to which  it has delegated  tasks in 

application of this Regulation; 

(f) movement: the movement of an animal between holdings. 

- 8 -

Art icle 3 

Member  States shall  designate  a coordinating  public  authority  competent 

for ensuring  the application of  the requirements of  this Regulation  and 

shall  inform  each  other  and  the  Commission  of  the  identity  of  this 

authority.  This  authority  shall  ensure  that  the  inspection  services of 

the Commission  and  of  its own Member  State, responsible  for  veterinary 

or  zootechnical  matters  or  for  implementing  Community  aid  schemes, 

have access  to all  information  relating  to this Regulation. 

Article 4 

1.  Each  competent  authority  shall  keep  a  list  of  all  holdings  in  its 

terr itory. 

2.  An  owner  or  keeper  of  a holding  shall  keep  a permanent  register  of 

all  animals on  that  holding  and  shall  make  that  register  available 

to the competent  authority, upon  request, at  any  time. 

3.  The  register  shall  record  all  movements of  animals  to and  from  the 

holding  and  all  births  and  deaths of  animals on  the  holding,  along 

with  the dates of  these events. 

Art icle 5 

1.  Without  prejudice  to  paragraph  3,  before  an  animal  leaves  the 

holding  on  which  it was  born,  it shall  be  identified  by  a mark  in 

accordance with  the requirements  laid down  in Annex  A. 

2.  The mark  shall  bear  an alphanumeric code, assigned  by  the  competent 

authority, which  identifies  the holding. 

9 -

3.  For  bovine  animals,  the  alphanumeric  code  referred 

to  in 

paragraph  2  shall  in addition  identify  each  individual  animal.  It 

shall  be applied  before  the animal  is 14 days old, and  in any  case 

before  the  animal  leaves  the  holding  on  which  it  was  born.  The 

codes supplied  to a holding  shall  be applied  in numerical order. 

4.  No  mark  shall  be  removed  without  the  permission  of  the  competent 

authority.  Where  a mark  has  been  lost  or  has  become  illegible, a 

new  mark  in  accordance  with  this  Article  shall  be  applied 

immediately  by,  or  under  the  supervision  of,  the  competent 

authority.  The  owner  or  keeper  shall  record  the  new  mark  in  the 

register  referred  to  in Article 4(2). 

5.  An  animal  imported  from  a  third  country  shall  be  given  a mark  in 

accordance  with  this Article  within  14 days of  its arrival  at  the 

holding  of  destination,  except  where  that  holding 

is  a 

slaughterhouse. 

6.  Requirements  for  the permanent  individual  identification of  certain 

types  of  animals  in addition  to  bovine  animals  may  be  adopted  in 

accordance with  the procedure  laid down  in Article 10. 

Art icle 6 

1.  Throughout  any movement  an animal  shall  be  identified  by  a mark  in 

accordance with  Article 5, and  accompanied  by  a completed  movement 

document  in accordance  with  the  requirements  laid down  in Annex  B. 

However, this movement  document  shall  not  be necessary  in the case 

of  animals  accompanied  by  a  certificate  or  document  required  by 

Community  veterinary  or  zootechnical  legislation  laid  down 

elsewhere. 

2.  The movement  document  shall  be  retained  by  the owner  or  keeper  of 

the  animals  at  the  holding  of  destination  for  at  least  12  months 

from  the date of arrival  of  the animal. 

-  10  -

Art icle  7 

The  competent  authority  may  waive  the  requirements  of  Article  5(1), 

except  in  the  case  of  bovine  animals,  and  Article  6,  in  respect  of 

animals  moving  directly  from  a  farm  to  a  slaughterhouse,  without 

passing  through  any  other  holding,  if  the  farm  and  the  slaughterhouse 

are  situated  on  the  territory  of  the  same  competent  authority.  In  such 

cases,  it shall  ensure  that  the  animals  are  identified  in such  a way  as 

to enable  their  farm  of  origin  to be  traced  rapidly. 

Art icle  8 

Any  owner  or  keeper,  and  any  person  engaged  in  the  transport,  marketing 

or  slaughter  of  animals  shall  supply  the  competent  authority,  upon 

request  of  that  authority,  with  information  concerning  the  keeping  or 

movement  of  animals  which  they  have  owned,  kept,  transported,  marketed 

or  slaughtered  and  shall  furnish  all  the  details  concerning  such 

informat ion. 

Art icle  9 

1.  Rules  for  the  application  of  this  Regulation  may  be  adopted  in 

accordance  with  the  procedure  laid  down  in Article  10. 

2.  The  provisions  of  the  Annexes  may  be  supplemented  or  amended  in 

accordance  with  the  procedure  laid  down  in Article  10. 

-  11 -

Art icle 10 

1.  The  Commission  shall  be  assisted  by  the  Standing  Veterinary 

Committee  set  up  by  Council  Decision  68/361/EEC7,  hereinafter 

referred  to as  "the committee". 

2.  Where  the  procedure  laid  down  in  this  Article  is  to  be  followed, 

the following provisions shall  apply. 

The  representative  of  the  Commission  shall  submit  to  the  Committee  a 

draft  of  the  measures  to  be  taken.  The  Committee  shall  deliver  its 

opinion  on  the  draft  within  a  time  limit  which  the  Chairman  may  lay 

down  according  to  the  urgency  of  the  matter.  The  opinion  shall  be 

delivered  by  the majority  laid  down  in Article  148(2) of  the Treaty  in 

the  case  of  decisions  which  the  Council  is  required  to  adopt  on  a 

proposal  from  the  Commission.  The  votes  of  the  representatives of  the 

Member  States within  the Committee  shall  be weighted  in the manner  set 

out  in that Article. The Chairman  shall  not vote. 

The  Commission  shall  adopt  measures  which  shall  apply  immediately. 

However,  if  these  measures  are  not  in  accordance  with  the  opinion  of 

the  Committee,  they  shall  be  communicated  by  the  Commission  to  the 

Council  forthwith.  In that  event  the Commission  may  defer  application 

of  the measures which  it has decided  for  a period of one month  from  the 

date of communication; the Council, acting by a qualified majority, may 

take  a  different  decision  within  the  time  limit  referred  to  in  the 

first  indent. 

OJ No L 255, 18.10.1968, p. 23 

-  12 -

Article 11 

Member  States  shall  take  the appropriate  specific  measures  to penalize 

any  infringement of  this Regulation. 

Article  12 

This  Regulation  shall  enter  into  force  on  the  thirtieth  day  following 

that  of  its  publication  in  the  Official  Journal  of  the  European 

Commun i t i es. 

It shall  apply with effect  from  1 January 1993. 

This  Regulation  shall  be  binding  in  its  entirety  and  directly 

applicable  in all Member  States. 

Done at Brussels, 

For  the Council 

The President 

-  13  -

ANNEX  A 

Requirements  for  marks 

A mark  shall  comply  with  at  least  the  following  requirements: 

1.  It  shall  be  an  eartag  or  a  tattoo. 

2.  It  shall  be  tamperproof,  easy  to  read  and  capable  of  being  used 

only  once. 

3.  It  shall  be  of  such  a quality  as  to  remain  on  the  animal  and  remain 

legible 

during 

the 

lifetime  of 

the 

animal 

under 

normal 

circumstances. 

4.  It shall  not  be  harmful  to  the  animal. 

5.  The  first  letter  on  the mark  shall  identify  the Member  State  thus: 

B  Be Ig i urn 

D  Denmark 

E  Ireland 

F  France 

G  Germany 

H  Greece 

I  Italy 

L  Luxembourg 

N  Netherlands 

P  Portugal 

S  Spa i n 

U  United  Kingdom 

-  14 -

ANNEX  B 

Requirements  for movement  documents 

A movement  document  shall  provide at  least  the  following  information: 

1.  Where  applicable, the complete  identification number  on  the mark. 

2.  The  address  of  the  place  of  departure  and  the  name  and  address of 

the owner  or  keeper  of  the animals. 

3.  The address of  the place of destination  and  the name and  address of 

the owner or  keeper of  the animals. 

4.  The name and address of  the  transporter. 

5.  The registration  number  of  the means of  transport. 

6.  The date of  transport. 

-  15  -

ISSN 0254-1475 

COM(92) 148 final 

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ISBN 92-77-43254-3 

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