Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on establishing a system for the identification and registration of ovine and caprine animals
Date: 2010-11-08
Institutions: European Commission
Subjects: animal disease, epidemiology, goat, sheep, traceability, veterinary legislation

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EUROPEAN COMMISSION 

Brussels, 8.11.2010 
COM(2010) 635 final 

2010/0309 (COD) 
2010/0309 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on establishing a system for the identification and registration of ovine and caprine 
animals 

(Codification) 

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EXPLANATORY MEMORANDUM 

In  the  context  of  a  people’s  Europe,  the  Commission  attaches  great  importance  to 
simplifying  and  clarifying  the  law  of  the  Union  so  as  to  make  it  clearer  and  more 
accessible  to  citizens,  thus  giving  them  new  opportunities  and  the  chance  to  make 
use of the specific rights it gives them. 

This aim cannot be achieved so long as numerous provisions that have been amended 
several times, often quite substantially, remain scattered, so that they must be sought 
partly  in  the  original  instrument  and  partly  in  later  amending  ones.  Considerable 
research work, comparing many different instruments, is thus needed to identify the 
current rules. 

For  this  reason  a  codification  of  rules  that  have  frequently  been  amended  is  also 
essential if the law is to be clear and transparent. 

On 1 April 1987 the Commission decided1 to instruct its staff that all acts should be 
codified  after  no  more  than  ten  amendments,  stressing  that  this  is  a  minimum 
requirement  and  that  departments  should  endeavour  to  codify  at  even  shorter 
intervals the texts for which they are responsible, to ensure that their provisions are 
clear and readily understandable. 

The  Conclusions  of  the  Presidency  of  the  Edinburgh  European  Council  (December 
1992) confirmed this2, stressing the importance of codification as it offers certainty 
as to the law applicable to a given matter at a given time. 

Codification  must  be  undertaken  in  full  compliance  with  the  normal  procedure  for 
the adoption of acts of the Union. 

Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by 
codification, the European Parliament, the Council and the Commission have agreed, 
by  an  interinstitutional  agreement  dated  20  December  1994,  that  an  accelerated 
procedure may be used for the fast-track adoption of codification instruments. 

is 

this  proposal 

to  undertake  a  codification  of  Council 
The  purpose  of 
Regulation (EC) No 21/2004  of  17  December  2003  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/EEC3.  The  new 
Regulation  will  supersede  the  various  acts  incorporated  in  it4;  this  proposal  fully 
preserves  the  content  of  the  acts  being  codified  and  hence  does  no  more  than 
bringing  them  together  with  only  such  formal  amendments  as  are  required  by  the 
codification exercise itself. 

The codification proposal was drawn up on the basis of a preliminary consolidation, 
in  all  official  languages,  of  Regulation (EC) No 21/2004  and  the  instruments 

COM(87) 868 PV. 
See Annex 3 to Part A of the Conclusions. 
Carried out pursuant to the Communication from the Commission to the European Parliament and the 
Council – Codification of the Acquis communautaire, COM(2001) 645 final. 
See Annex II to this proposal 

1. 

2. 

3. 

4. 

5. 

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2 
3 

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amending it, carried out by the Publications Office of the European Union, by means 
of a data-processing system. Where the Articles have been given new numbers, the 
correlation  between  the  old  and  the  new  numbers  is  shown  in  a  table  contained  in 
Annex III to the codified Regulation. 

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(cid:208) 21/2004 (adapted) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on establishing a system for the identification and registration of ovine and caprine 
animals  

(Codification) 
(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article ⌦ 43(2) ⌫ thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the opinion of the European Economic and Social Committee5, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(cid:208)  

Council Regulation (EC) No 21/2004 of 17 December 2003 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/EEC6 has been 
substantially amended several times7. In the interests of clarity and rationality the said 
Regulation should be codified. 

(cid:208) 21/2004 recital 1 (adapted) 

Pursuant  to  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 
market8, animals for ⌦ trade within the Union ⌫ have to be identified in accordance 
with the requirements of ⌦ Union ⌫ rules and be registered in such a way that the 

5 
6 
7 
8 

OJ C […], […], p. […]. 
OJ L 5, 9.1.2004, p. 8. 
See Annex II. 
OJ L 224, 18.8.1990, p. 29.  

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original  or  transit  holding,  centre  or  organisation  can  be  traced.  Those  identification 
and registration systems  had  to be  extended to the movements of animals  within  the 
territory of each Member State by 1 January 1993. 

(cid:208) 21/2004 recital 2 

[Article  14]  of  Council  Directive  [91/496/EEC  of  15  July  1991  laying  down  the 
principles  governing  the  organisation  of  veterinary  checks  on  animals  entering  the 
Community  from  third  countries  and  amending  Directives  89/662/EEC,  90/425/EEC 
and  90/675/EEC9]  provides  that  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 after the veterinary checks have been 
made. 

(cid:208) 21/2004 recital 4 (adapted) 

It  follows  from  the  structure  of  ⌦ Union ⌫  legislation,  and  in  particular  from 
Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 
July  2000  establishing  a  system  for  the  identification  and  registration  of  bovine 
animals  and  regarding  the  labelling  of  beef  and  beef  products  and  repealing  Council 
Regulation  (EC)  No 820/9710,  that  the  concepts  of  keeper  and  holding  as  generally 
used do not refer to veterinary practices or clinics. The scope of those concepts should 
be defined more explicitly so as to render the legislation more readable. 

(cid:208) 21/2004 recital 8 (adapted) 

The technology for the electronic identification of ovine and caprine animals has been 
developed  to  the  stage  where  it  can  be  applied.  The  implementing  measures 
⌦ provided ⌫  for  the  proper  ⌦ functioning ⌫  of  the  system  of  electronic 
identification  ⌦ Union ⌫  wide  should  permit  the  individual  identification  of 
animals and their holding of birth. 

(cid:208) 933/2008 recital 7 (adapted) 

This Regulation provides that, as from 31 December 2009, electronic identification is 
obligatory for all animals born after that date. However, during the first year after 31 
December  2009,  the  majority  of  animals  ⌦ should ⌫  only  be  identified  with 
conventional non-electronic identifiers, since those animals were born before that date. 
During that year animals with electronic and non-electronic identifiers ⌦ should ⌫ 
be moved and handled together. 

(3) 

(4) 

(5) 

(6) 

(7) 

A  number  of  Member  States ⌦ had ⌫  developed  the  technology  necessary  for  the 
introduction  of  electronic  identification  and  gained  significant  experience  with  its 
implementation ⌦ before 31 of December 2009 ⌫. ⌦ That ⌫ experience provided 

(cid:208) 1560/2007 recital 5 (adapted) 

9 
10 

[OJ L 268, 24.9.1991, p. 56.]  
OJ L 204, 11.8.2000, p. 1. 

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the  Commission  and  the  other  Member  States  with  valuable  information  on  the 
technical implications of electronic identification and on its impact. 

(cid:208) 21/2004 recital 10 

The  Commission,  in  particular  in  the  light  of  the  proceedings  conducted  by  its  Joint 
Research  Centre,  should  also  provide  detailed  technical  guidelines,  definitions  and 
procedures for the technical characteristics of identifiers and readers, test procedures, 
acceptance  criteria  and  the  certification  model  for  approved  test  laboratories,  the 
procurement of appropriate identifiers and readers, the application of identifiers, their 
reading  and  recovery,  the  codification  of  identifiers,  a  common  glossary,  a  data 
dictionary and communication standards. 

(cid:208) 21/2004 recital 11 

In  Member  States  with  a  relatively  small  ovine  or  caprine  animal  population,  the 
introduction  of  an  electronic  identification  system  may  well  not  be  justified.  It  is 
therefore  advisable  to  allow  such  Member  States  to  make  the  system  optional. 
Provision  should  also  be  made  for  a  rapid  procedure  to  adjust  the  demographic 
thresholds below which electronic identification may be made optional. 

(8) 

(9) 

(10) 

In  order  to  permit  movements  of  ovine  and  caprine  animals  to  be  traced,  animals 
should be identified properly and all their movements should be traceable. 

(cid:208) 21/2004 recital 12 

(11) 

It  is  necessary  for  keepers  of  animals  to  maintain  up-to-date  information  on  the 
animals  on  their  holdings.  The  minimum  information  required  should  be  determined 
on ⌦ a Union ⌫ basis. 

(cid:208) 21/2004 recital 13 (adapted) 

(12)  Each Member State should establish a central register ⌦ comprising ⌫ an up-to-date 
list  of  all  keepers  of  animals  covered  by  this  Regulation  who  are  engaged  in  this 
activity  in  its  territory,  and  containing  minimum  information  laid  down  on  ⌦ a 
Union ⌫ basis. 

(cid:208) 21/2004 recital 14 (adapted) 

(13)  For  the  purposes  of  the  rapid  and  accurate  tracing  of  animals,  each  Member  State 
should  create  a  computer  database  which  will  record  all  holdings  in  its  territory  and 
the movements of the animals. 

(cid:208) 21/2004 recital 15 

(14)  The  nature  of  the  means  of  identification  should  be  determined  on  ⌦ a  Union ⌫ 

basis. 

(cid:208) 21/2004 recital 16 (adapted) 

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(15)  Persons involved in trade in animals should keep records of their transactions, and the 

competent authority should have access to those records on request. 

(cid:208) 21/2004 recital 17 

(cid:208) 21/2004 recital 18 (adapted) 

(16) 

In order to ensure that this Regulation is correctly applied, it is necessary to provide 
for a rapid and efficient exchange of information between Member States on means of 
identification  and  related  documents.  ⌦ Union ⌫  provisions  relating  thereto  were 
adopted  by  Council  Regulation  (EC)  No  515/97  of  13  March  1997  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 and agricultural matters11 and by Council Directive 89/608/EEC of 
21 November 1989 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 matters12. 

(cid:208) 21/2004 recital 19 

(17)  With  a  view  to  guaranteeing  the  reliability  of  the  arrangements  provided  for  in  this 
Regulation,  it  is  necessary  that  Member  States  implement  suitable  and  adequate 
control measures, without prejudice to Council Regulation (EC, Euratom) No 2988/95 
of  18  December  1995  on  the  protection  of  the  European  Communities'  financial 
interests13. 

(18)  The measures necessary for the implementation of this Regulation should be adopted 
in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the 
procedures for the exercise of implementing powers conferred on the Commission14, 

(cid:208) 21/2004 recital 21 

HAVE ADOPTED THIS REGULATION: 

(cid:208) 21/2004 

1. Each Member State shall establish a system for the identification and registration of ovine 
and caprine animals in accordance with the provisions of this Regulation. 

Article 1 

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OJ L 82, 22.3.1997, p. 1. 
OJ L 351, 2.12.1989, p. 34. 
OJ L 312, 23.12.1995, p. 1 . 
OJ L 184, 17.7.1999, p. 23. 

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2.  This  Regulation  shall  apply  without  prejudice  to  ⌦ Union ⌫  rules  which  may  be 
established  for  disease  eradication  or  control  purposes,  and  without  prejudice  to  Directive 
[91/496/EEC] and Council Regulation (EC) No 73/2009 ⌦ 15 ⌫. 

(cid:208) 21/2004 (adapted) 

Article 2 

For the purposes of this Regulation ⌦, the following definitions shall apply ⌫: 

(a) 

(b) 

(c) 

(d) 

‘animal’ means any animal of the ovine or caprine species; 

‘holding’  means  any  establishment,  any  structure,  or  in  the  case  of  free-range 
farming,  any  environment,  in  which  animals  are  held,  reared  or  handled  on  a 
permanent or temporary basis, except veterinary practices or clinics; 

‘keeper’  means  any  natural  or  legal  person  with  responsibility  for  animals,  even 
temporarily, except veterinary practices or clinics; 

‘competent  authority’  means  the  central  authority  or  authorities  of  a  Member  State 
responsible for, or entrusted with, carrying out veterinary checks and implementing 
this  Regulation, or, in  the case of monitoring for premiums, the  authority entrusted 
with implementing Regulation (EC) No 73/2009 . 

(cid:208) 21/2004 

Article 3 

1. The system for the identification and registration of animals shall comprise the following 
elements: 

(a) 

(b) 

(c) 

(d) 

means of identification to identify each animal; 

up-to-date registers kept on each holding; 

movement documents; 

a central register or a computer database. 

2.  The  Commission  and  the  competent  authority  of  the  Member  State  concerned  shall  have 
access to all information covered by this Regulation. The Member States and the Commission 
shall take the measures necessary to ensure access to that information for all parties having an 
interest,  including  consumers'  organisations  recognised  by  the  Member  State,  provided  that 
the data protection and confidentiality requirements prescribed by national law are complied 
with. 

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OJ L 30, 31.1.2009, p. 16. 

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Article 4 

(cid:208) 21/2004 (adapted) 
(cid:206)1 1791/2006 Art. 1(1) and 
Annex (5)(B)(I)(7)(a) 

1.  All  animals  on  a  holding  born  after  9  July  2005  (cid:206)1 or  for  Bulgaria  and  Romania 
⌦ after ⌫  1  January  2007   shall  be  identified  in  accordance  with  paragraph  2  within  a 
period to be determined by the Member State as from the birth of the animal and in any case 
before  the  animal  leaves  the  holding  on  which  it  was  born.  That  period  shall  not  be  longer 
than six months. 

By  way  of  derogation  ⌦ from  the  first  subparagraph, ⌫  Member  States  may  extend  the 
period, which may not, however, exceed nine months, for animals kept in extensive or free-
range farming conditions. The Member States concerned shall inform the Commission of the 
derogation granted. If necessary, implementing rules may be laid down in accordance with the 
procedure referred to in Article 13(2). 

2. Animals shall be identified by: 

(a) 

(b) 

a first means of identification which complies with the requirements of Sections A.1, 
A.2 and A.3 of Annex I; and, 

second means of identification approved by the competent authority and conforming 
to the technical characteristics listed in Sections ⌦ A.1, A.2 and ⌫ A.4 of Annex I. 

However,  until  the  date  referred  to  in  Article  9(3),  the  second  means  of  identification 
⌦ referred to in point (b) of the first subparagraph of this paragraph ⌫ may be replaced by 
the system set out in Section A.5 of Annex I, except in the case of animals involved in trade 
⌦ within the Union ⌫ . 

Member States which introduce the system referred to in the second subparagraph shall apply 
to the Commission to have it approved under the procedure referred to in Article 13(2). For 
this purpose the Commission shall examine documentation submitted by Member States and 
shall  conduct  the  audits  necessary  to  evaluate  the  system.  When  those  audits  have  been 
completed  the  Commission  shall,  within  90  days  of  receipt  of  the  application  for  approval, 
submit to the Committee ⌦ referred to in Article 13(1) ⌫ a report together with a draft of 
appropriate measures. 

3. ⌦ By way of derogation from paragraph 2, ⌫ for animals intended for slaughter before 
the age of 12 months and intended neither for trade ⌦ within the Union ⌫ nor for export to 
third  countries,  the  identification  method  described  in  Section  A.7  of  Annex  I  may  be 
authorised by the competent authority as an alternative to the means of identification referred 
to in paragraph 2. 

4. Any animal imported from a third country, which has undergone after 9 July 2005 (cid:206)1 or 
for Bulgaria and Romania ⌦ after ⌫ 1 January 2007  the checks laid down by Directive 
[91/496/EEC] and which remains within the territory of the ⌦ Union ⌫ shall be identified, 
in  accordance  with  paragraph  2,  at  the  holding  of  destination  where  livestock  farming  is 
carried out within a period, to be determined by the Member State, of no more than 14 days 
from undergoing those checks and, in any event, before leaving the holding. 

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(cid:208) 21/2004 

The  original  identification  established  by  the  third  country  shall  be  recorded  in  the  holding 
register  provided  for  in  Article  5  together  with  the  identification  code  allocated  to  it  by  the 
Member State of destination. 

However, the identification provided for in paragraph 1 shall not be necessary for an animal 
intended  for  slaughter  if  the  animal  is  transported  directly  from  the  veterinary  border 
inspection post to a slaughterhouse situated in the Member State where the checks referred to 
in  the  first  subparagraph  are  carried  out  and  the  animal  is  slaughtered  within  five  working 
days of undergoing those checks. 

5. Any animal originating in another Member State shall retain its original identification. 

6.  No  means  of  identification  may  be  removed  or  replaced  without  the  permission  of  the 
competent authority. Where a means of identification has become illegible or has been lost, a 
replacement  bearing  the  same  code  shall  be  applied  as  soon  as  possible  in  accordance  with 
this Article. In addition to the code and distinct from it, the replacement may bear a mark with 
the version number of the replacement. 

However,  the  competent  authority  may,  under  its  control,  allow  the  replacement  means  of 
identification  to  bear  a  different  code,  provided  that  the  objective  of  traceability  is  not 
compromised, in particular in the case of animals identified in accordance with paragraph 3. 

7. The means of identification shall be allocated to the holding, distributed and applied to the 
animals in a manner determined by the competent authority. 

8. Member States shall communicate to each other and to the Commission the model of the 
means and the method of identification used in their territory. 

(cid:208) 21/2004 (adapted) 

9. Until the date referred to in Article 9(3), Member States which have introduced electronic 
identification on a voluntary basis in accordance with the provisions of Sections A.4 and A.6 
of  Annex  I  shall  ensure  that  the  individual  electronic  identification  number  and  the 
characteristics of the means used are mentioned in the relevant certificate pursuant to Council 
Directive  91/68/EEC  ⌦ 16 ⌫  accompanying  animals  involved  in  trade  ⌦ within  the 
Union ⌫ . 

(cid:208) 21/2004 

Article 5 

1.  Each  keeper  of  animals,  with  the  exception  of  the  transporter,  shall  keep  an  up-to-date 
register containing at least the information listed in Section B of Annex I. 

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OJ L 46, 19.2.1991, p. 19. 

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2. Member States may require keepers to enter further information in the register referred to 
in paragraph 1, in addition to that listed in Section B of Annex I. 

3. The register shall be in a format approved by the competent authority, kept in manual or 
computerised  form,  and  be  available  at  all  times  on  the  holding  and  to  the  competent 
authority, upon request, for  a  minimum  period  to be determined by  the  competent  authority 
but which may not be less than three years. 

4. By way of derogation from paragraph 1, the register of information required by Section B 
of  Annex  I  shall  be  optional  in  any  Member  State  where  a  centralised  computer  database 
which already contains this information is operational. 

5.  Each  keeper  shall  supply  the  competent  authority,  upon  request,  with  all  information 
concerning the origin, identification and, where appropriate, the destination of animals which 
the keeper has owned, kept, transported, marketed or slaughtered in the last three years. 

6. Member States shall communicate to each other and to the Commission the model of the 
holding register used in their territory, and, where applicable the derogation granted from the 
provisions of paragraph 1. 

(cid:208) 21/2004 (adapted) 
(cid:206)1 1791/2006 Art. 1(1) and 
Annex (5)(B)(I)(7)(a) 

Article 6 

1.  As  from  9  July  2005  (cid:206)1 or  for  Bulgaria  and  Romania  ⌦ from ⌫  1  January  2007  
whenever an animal is moved within the national territory between two separate holdings, it 
shall be accompanied by a movement document based on a model drawn up by the competent 
authority,  containing  at  least  the  minimum  information  listed  in  Section  C  of  Annex  I,  and 
completed by the keeper if the competent authority has not already done this. 

(cid:208) 21/2004 

2. Member States may enter further information, in addition to that contained in Section C of 
Annex  I,  on  the  movement  document  referred  to  in  paragraph  1,  or  require  that  such 
information be entered. 

3. The keeper at the holding of destination shall keep the movement document for a minimum 
period  to  be  determined  by  the  competent  authority  but  which  may  not  be  less  than  three 
years. On request, he shall supply the competent authority with a copy thereof. 

4. By way of derogation from paragraph 1, the movement document shall be optional in any 
Member  State  where  a  centralised  computer  database  containing  at  least  the  information 
required by Section C of Annex I, except for the keeper's signature, is operational. 

5. Member States shall communicate to each other and to the Commission the model of the 
movement document used in their territory, and, where applicable, the derogation referred to 
in paragraph 4. 

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Article 7 

1.  Member  States  shall  ensure  that  the  competent  authority  has  a  central  register  of  all  the 
holdings relating to keepers of animals in their territory except transporters. 

2.  The  register  shall  include  the  identification  code  of  the  holding  or,  if  authorised  by  the 
competent  authority,  that  of  the  keeper,  other  than  the  transporter,  the  occupation  of  the 
keeper, the type of production (meat or milk) and the species kept. If the keeper keeps animals 
permanently, he shall make an inventory of the animals kept at regular intervals fixed by the 
competent authority of the Member State and in any case at least annually. 

(cid:208) 21/2004 (adapted) 
(cid:206)1 1791/2006 Art. 1(1) and 
Annex (5)(B)(I)(7)(a) 

3.  A  holding  shall  remain  on  the  central  register  until  three  consecutive  years  have  elapsed 
with  no  animals  on  the  holding.  With  effect  from  9  July  2005  (cid:206)1 or  for  Bulgaria  and 
Romania  ⌦ from ⌫  1  January  2007   the  register  shall  be  included  in  the  computer 
database referred to in Article 8(1). 

Article 8 

1. As from 9 July 2005 (cid:206)1 or for Bulgaria and Romania ⌦ from ⌫ 1 January 2007  the 
competent  authority  of  each  Member  State  shall  set  up  a  computer  database  in  accordance 
with Section D.1 of Annex I. 

(cid:208) 21/2004 

2.  Each  keeper  of  animals,  with  the  exception  of  the  transporter,  shall,  within  a  period  of 
30 days  as  regards  information  relating  to  the  keeper  or  the  holding  and  within  a  period  of 
seven days as regards information relating to movements of animals, provide the competent 
authority with: 

(a) 

(b) 

the  information  for  entry  in  the  central  register  and  the  outcome  of  the  inventory, 
referred  to  in  Article  7(2),  and  the  information  required  for  the  setting  up  of  the 
database referred to in paragraph 1 of this Article; 

in  Member  States  applying  the  derogation  referred  to  in  Article  6(4),  each  time  an 
animal is moved, the details of the movement, as set out in the movement document 
referred to in Article 6. 

(cid:208) 21/2004 (adapted) 

3.  The  competent  authority  of  each  Member  State  ⌦ shall  have ⌫  a  computer  database 
containing at least the information listed in Section D.2 of Annex I.  

4. Member States may enter in the computer database referred to in paragraphs 1 and 3 further 
information in addition to that listed in Sections D.1 and D.2 of Annex I. 

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(cid:208) 21/2004 

Article 9 

1.  Guidelines  and  procedures  for  the  implementation  of  electronic  identification  shall  be 
adopted in accordance with the procedure referred to in Article 13(2). 

2.  The  decisions  referred  to  in  paragraph  1  shall  be  adopted  in  order  to  improve 
implementation of general electronic identification. 

(cid:208) 1560/2007 Art. 1, pt. 1 
(adapted) 

3. As from 31 December 2009, electronic identification according to the guidelines referred to 
in paragraph 1, and in accordance with the relevant provisions of Section A of Annex I, shall 
be obligatory for all animals ⌦ born after that date ⌫ . 

(cid:208) 21/2004 (adapted) 

However, Member States in which the total number of ovine and caprine animals is 600 000 
or  less,  may  make  such  electronic  identification  optional  for  animals  not  involved  in  trade 
⌦ within the Union ⌫ . 

Member States in which the total number of caprine animals is 160 000 or less may also make 
such electronic identification optional for caprine animals not involved in trade ⌦ within the 
Union ⌫ . 

4. Before 31 December 2009, Member States may introduce the obligatory use of electronic 
identification for animals born on their territory.  

(cid:208) 1560/2007 Art. 1, pt. 2  

(cid:208) 21/2004 

Article 10 

1.  Amendments  to  the  Annexes  and  measures  necessary  for  the  implementation  of  this 
Regulation shall be adopted in accordance with the procedure referred to in Article 13(2). 

Those measures shall concern in particular: 

(a) 

(b) 

(c) 

the minimum level of checks to be carried out; 

the application of administrative penalties; 

the necessary transitional provisions for the start-up period of the system. 

EN 

13 

   EN 

 
 
 
 
 
2.  In  accordance  with  the  procedure  referred  to  in  Article  13(2),  the  following  data  may  be 
updated: 

(a) 

(b) 

the deadlines for providing the information referred to in Article 8(2); 

the  demographic  thresholds  for  livestock  referred  to  in  the  second  and  third 
subparagraphs of Article 9(3). 

Article 11 

1.  Member  States  shall  inform  each  other  and  the  Commission  of  the  identity  of  the 
competent authority responsible for ensuring compliance with this Regulation. 

2.  Member  States  shall  ensure  that  any  person  responsible  for  the  identification  and 
registration  of  animals  has  received  instruction  and  guidance  on  the  relevant  provisions  of 
Annex I, and that appropriate training courses are available. 

Article 12 

1.  Member  States  shall  take  all  the  necessary  measures  to  ensure  compliance  with  the 
provisions  of  this  Regulation.  The  checks  provided  for  shall  be  without  prejudice  to  any 
checks  which 
to  Article  9  of 
Regulation (EC, Euratom) No 2988/95. 

the  Commission  may 

carry  out  pursuant 

2.  Member  States  shall  lay  down  the  rules  on  penalties  applicable  to  infringements  of  this 
Regulation  and  shall  take  all  measures  necessary  to  ensure  that  they  are  implemented.  The 
penalties provided for must be effective, proportionate and dissuasive. 

3. Experts from the Commission in conjunction with the competent authorities: 

(a) 

(b) 

shall  verify  that  the  Member  States  are  complying  with  the  requirements  of  this 
Regulation; 

if  necessary,  shall  make  on-the-spot  checks  in  order  to  ensure  that  the  checks 
provided for in paragraph 1 are carried out in accordance with this Regulation. 

4. A Member State in whose territory an on-the-spot check is made shall provide the experts 
from the Commission with any assistance they may require in the performance of their tasks. 

The  outcome  of  the  checks  made  must  be  discussed  with  the  competent  authority  of  the 
Member State concerned before a final report is drawn up and circulated. 

5.  When  the  Commission  deems  that  the  outcome  of  checks  so  justifies,  it  shall  review  the 
situation  within  the  Committee  referred  to  in  Article  13(1).  It  may  adopt  the  necessary 
decisions in accordance with the procedure referred to in Article 13(2). 

6.  The  Commission  shall  monitor  developments  in  the  situation.  In  the  light  of  such 
developments and in accordance with the procedure referred to in Article 13(2) it may amend 
or repeal the decisions referred to in paragraph 5. 

EN 

14 

   EN 

7.  Detailed  rules  for  the  application  of  this  Article  shall  be  adopted,  where  necessary,  in 
accordance with the procedure referred to in Article 13(2). 

Article 13 

1.  The  Commission  shall  be  assisted  by  the  Standing  Committee  on  the  Food  Chain  and 
Animal  Health,  set  up  by  Regulation  (EC)  No 178/2002  of  the  European  Parliament  and  of 
the Council17.  

2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall 
apply. 

The period referred to in Article 5(6) of Decision 1999/468/EC shall be set at three months. 

(cid:208)  

Article 14 

Regulation (EC) No 21/2004 is repealed. 

References to the repealed Regulation shall be construed as references to this Regulation and 
shall be read in accordance with the correlation table in Annex III. 

(cid:208) 21/2004 

Article 15 

This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

(cid:208) 21/2004 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at […],  

For the European Parliament 
The President 

For the Council 
The President 

17 

OJ L 31, 1.2.2002, p. 1. 

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15 

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(cid:208) 933/2008 Art. 1 and Annex 

ANNEX I 

A. 

1. 

MEANS OF IDENTIFICATION  

The  competent  authority  shall  approve  means  of  identification,  as  provided  for  in 
Article 4(1), which must be designed to: 

(a) 

ensure at least one visible and one electronically readable mark; 

(b) 

remain attached to the animal without being harmful to it; and 

(c) 

be easily removable from the food chain. 

2. 

The means of identification must display a code providing the following information 
in the indicated order: 

(a) 

either  the  two-letter  alpha  code  or  the  three-digit  numeric  code18,  based  on 
ISO 3166,  for  the  Member  State  in  which  the  holding  where  the  animal  was 
first identified is situated (country code);  

(b) 

an individual animal code of no more than 12 digits. 

18 

BE 
Belgium 
Bulgaria 
BG 
Czech Republic  CZ 
DK 
Denmark 
DE 
Germany 
EE 
Estonia 
IE 
Ireland 
EL 
Greece 
ES 
Spain 
FR 
France 
IT 
Italy 
CY 
Cyprus 
LV 
Latvia 
LT 
Lithuania 
LU 
Luxembourg 
HU 
Hungary 
MT 
Malta 
NL 
Netherlands 
AT 
Austria 
PL 
Poland 
PT 
Portugal 
RO 
Romania 
SI 
Slovenia 
SK 
Slovakia 
FI 
Finland 
Sweden 
SE 
United Kingdom  UK 

EN 

056 
100 
203 
208 
276 
233 
372 
300 
724 
250 
380 
196 
428 
440 
442 
348 
470 
528 
040 
616 
620 
642 
705 
703 
246 
752 
826 

16 

   EN 

 
                                                 
 
 
 
 
 
 
 
 
 
 
In  addition  to  the  codes  referred  to  in  points  (a)  and  (b),  and  provided  that  the 
legibility of those codes is not affected, the competent authority may authorise a bar 
code and the addition of supplementary information by the keeper. 

3. 

The first means of identification referred to in Article 4(2)(a) must comply with the 
criteria set out in either point (a) or (b): 

(a) 

(b) 

an electronic identifier in the form of a ruminal bolus or an electronic eartag, in 
accordance with the technical characteristics listed in point 6; or 

an eartag made of non-degradable material, which is tamper-proof and easy to 
read  throughout  the  lifetime  of  the  animal;  it  must  be  non-reusable  and  the 
codes referred to in point 2 must be non-removable. 

4. 

The second means of identification, as provided for in Article 4(2)(b), must comply 
with the following criteria: 

(a) 

for animals identified in accordance with point 3(a): 

(i) 

an eartag which complies with the criteria set out in point 3(b); or 

(ii) 

a mark on the pastern which complies with the criteria for eartags set out 
in point 3(b); or 

(cid:208) 933/2008 Art. 1 and Annex 
(adapted) 

(iii)  a tattoo, except for animals involved in trade ⌦ within the Union ⌫ ; 

(b) 

for animals identified in accordance with point 3(b): 

(i) 

(ii) 

an  electronic  identifier  which  complies  with  the  criteria  set  out  in 
point 3(a); or 

for animals not involved in trade ⌦ within the Union ⌫ , an electronic 
identifier  in  the  form  of  an  electronic  mark  on  the  pastern  or  of  an 
injectable  transponder  in  accordance  with  the  technical  characteristics 
listed in point 6; or 

(iii)  where electronic identification is not obligatory, pursuant to Article 9(3): 

(cid:208) 933/2008 Art. 1 and Annex 

– 

– 

an eartag, which complies with the criteria set out in point 3(b), 

a  mark  on  the  pastern,  which  complies  with  the  criteria  for  the 
eartags set out in point 3(b), or 

– 

a tattoo. 

EN 

17 

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(cid:208) 933/2008 Art. 1 and Annex 
(adapted) 

5. 

The system referred to in ⌦ the second subparagraph of ⌫ Article 4(2) requires the 
identification  of  the  animals  both  by  holding  and  individually,  provides  for  a 
replacement procedure  where  a means  of  identification  has  become  illegible  or has 
been  lost,  under  the  control  of  the  competent  authority  and  without  compromising 
traceability between holdings, the objective being to control epizootic diseases, and 
allows  the  animals'  movements  to  be  traced  within  the  national  territory,  with  the 
same objective. 

6. 

The electronic identifiers must conform to the following technical characteristics: 

(cid:208) 933/2008 Art. 1 and Annex 

(a) 

(b) 

they  must  be  read-only  passive  transponders  applying  HDX  or  FDX-B 
technology, complying with ISO standards 11784 and 11785; 

they must be readable by reading devices, complying with ISO standard 11785, 
capable of reading HDX and FDX-B transponders; 

(c) 

the reading distance must be: 

(i) 

a  minimum  of  12 cm  for  eartags  and  marks  on  the  pastern  when  read 
with a portable readers; 

(ii) 

a  minimum  of  20 cm  for  ruminal  boluses  and  injectable  transponders 
when read with a portable reader; 

(iii)  a  minimum  of  50 cm  for  all  types  of  identifiers  when  read  with  a 

stationary reader. 

7. 

The identification method referred to in Article 4(3), shall be as follows: 

(a) 

(b) 

the  animals  must  be  identified  by  an  eartag  approved  by  the  competent 
authority, applied to one ear; 

the eartag must be of non-degradable material, tamper-proof and easy to read; 
it must be non-reusable and must bear only non-removable codes; 

(c) 

the eartag must contain at least the following information: 

(i) 

the two-letter country code19; and  

(ii) 

the  identification  code  of  the  holding  of  birth  or  an  individual  animal 
code from which the holding of birth can be determined. 

19 

See footnote 18.  

EN 

18 

   EN 

 
 
                                                 
8 

B. 

1. 

Member  States  using  that  alternative  method  must  inform  the  Commission  and  the 
other  Member  States  thereof,  in  the  framework  of  the  Committee  referred  to  in 
Article 13(1). 

(cid:208) 759/2009 Art. 1 and Annex 
point 1 (adapted) 

Animals identified in accordance with this point intended to be kept beyond the age 
of  12  months  or  intended  for  trade  ⌦ within  the  Union ⌫  or  export  to  third 
countries,  must  be  identified  in  accordance  with  points  1  to  4  to  ensure  complete 
traceability of each animal to the holding of birth. 

(cid:208) 506/2010 Art. 1 and Annex 
point 1 

identification  requirement provided  for in 
By  way  of  derogation  from 
Article 4(1),  the  competent  authority  may  decide  that  the  provisions  of  Section  A 
shall  not  apply  to  ovine  and  caprine  animals  kept  in  and  moved  between  zoos 
approved  in  accordance  with  Article 13(2)  of  Council  Directive  92/65/EEC20, 
provided that the animals are individually identified and traceable. 

the 

(cid:208) 933/2008 Art. 1 and Annex 

HOLDING REGISTER 

From  9 July  2005,  the  holding  register  must  contain  at  least  the  following 
information: 

(a) 

the identification code of the holding; 

(b) 

the  address  of  the  holding  and  the  geographical  coordinates  or  equivalent 
indication of the geographical location of the holding; 

(c) 

the type of production; 

(d) 

the result of the latest inventory referred to in Article 7 and the date on which it 
was carried out; 

(e) 

the name and address of the keeper; 

(f) 

in the case of animals leaving the holding: 

(i) 

the name of the transporter; 

(ii) 

the registration number of the part of the means of transport carrying the 
animals; 

20 

OJ L 268, 14.9.1992, p. 54. 

EN 

19 

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(iii) 

the  identification  code  or  the  name  and  address  of  the  holding  of 
destination  or,  in  the  case  of  animals  moved  to  a  slaughterhouse,  the 
identification  code  or  name  of  the  slaughterhouse  and  the  date  of 
departure; 

or  a  duplicate  or  a  certified  copy  of  the  movement  document  referred  to  in 
Article 6; 

(g) 

in  the  case  of  animals  arriving  on  the  holding,  the  identification  code  of  the 
holding from which the animal was transferred and the date of arrival; 

(h) 

information on any replacement of means of identification. 

2. 

From 31 December 2009, the holding register must contain at least the following up-
to-date information for each animal born after that date: 

(a) 

the identification code of the animal; 

(b) 

in the holding of birth, the year of birth and date of identification; 

(c) 

the month and the year of death of the animal on the holding; 

(d) 

if known, the breed and the genotype. 

However,  for  animals  identified  in  accordance  with  point 7  of  Section  A,  the 
information  set  out  in  (a)  to  (d)  of  this  point  must  be  provided  for  each  batch  of 
animals having the same identification and must include the number of animals. 

The  holding  register  must  contain  the  name  and  signature  of  the  designated  or 
approved  officer  of  the  competent  authority  who  has  checked  the  register  and  the 
date on which the check was carried out. 

MOVEMENT DOCUMENT 

The movement document must be completed by the keeper on the basis of a model 
drawn  up  by  the  competent  authority.  It  must  contain  at  least  the  following 
information: 

3. 

C. 

1. 

(a) 

the identification code of the holding; 

(b) 

the name and address of the keeper; 

(c) 

the total number of animals moved; 

(d) 

the identification code or the name and address of the holding of destination or 
of  the  next  keeper  of  the  animals  or,  when  animals  are  moved  to  a 
slaughterhouse,  the  identification  code  or  the  name  and  location  of  the 
slaughterhouse, or, in the event of transhumance, the place of destination; 

(e) 

the  data  concerning  the  means  of  transport  and  the  transporter,  including  the 
transporter's permit number; 

EN 

20 

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(f) 

the date of departure; 

(g) 

the signature of the keeper. 

2. 

From  1  January  2011,  the  keeper  of  the  holding  of  departure  shall  record  on  the 
movement  document  the  individual  identification  code  of  each  animal  identified  in 
accordance with points 1 to 6 of Section A before the movement takes place. 

(cid:208) 759/2009 Art. 1 and Annex 
Point 2  

(cid:208) 759/2009 Art. 1 and Annex 
Point 2 (adapted) 

By  way  of  derogation  from  the  first  subparagraph,  the  competent  authority  may 
authorise for movements not involving trade ⌦ within the Union ⌫ the recording 
of  the  individual  identification  code  of  each  animal  at  destination  on  behalf  of  the 
keeper of the holding of departure subject to the following conditions: 

(cid:208) 759/2009 Art. 1 and Annex 
Point 2 

(a) 

(b) 

the animals are not transported in the same means of transport as animals from 
other  holdings,  unless  the  batches  of  animals  are  physically  separated  from 
each other; 

the  holding  of  destination  is  approved  by  the  competent  authority  for  the 
purpose  of  recording  individual  animal  codes  on  behalf  of  the  keeper  of  the 
holding of departure; 

(c) 

procedures are in place to ensure that within 48 hours of the time of departure: 

(i) 

(ii) 

the  individual  identification  code  of  each  animal  is  recorded  in 
accordance  with  point  2(a)  of  Section  B  in  the  holding  register  of  the 
holding of departure; 

the  information  relating  to  the  movement  is  provided  to  the  competent 
authority to update the computer database in accordance with point 2 of 
Section D. 

(cid:208) 933/2008 Art. 1 and Annex 

3. 

However, the information provided for in point 2 shall not be obligatory for animals 
born until 31 December 2009:  

(a) 

on their movement to a slaughterhouse, directly or via a channelling procedure 
excluding subsequent movements to any other holding; 

(b)  until 31 December 2011 for all other movements. 

EN 

21 

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D. 

1. 

COMPUTER DATABASE 

The  computer  database  must  contain  at  least  the  following  information  for  each 
holding: 

(a) 

the identification code of the holding; 

(b) 

the  address  of  the  holding  and  the  geographical  coordinates  or  equivalent 
indication of the geographical location of the holding; 

(c) 

the name and address and occupation of the keeper; 

(d) 

the species of animals; 

(e) 

the type of production; 

(cid:208) 759/2009 Art. 1 and Annex 
Point 3 

(f) 

the result of the inventory of animals provided for in Article 7(2), and the date 
when  that  inventory  was  carried  out,  except  in  Member  States  where  the 
centralised  computer  database  contains  the  individual  identification  code  of 
each animal kept on a holding; 

(cid:208) 933/2008 Art. 1 and Annex 
(adapted) 

(g) 

a data field reserved for the competent authority in which it may enter animal 
health  information,  for  example  restrictions  on  movements,  status  or  other 
relevant information in the context of ⌦ Union ⌫ or national programmes. 

2. 

In accordance with Article 8, there must be an entry in the database for each separate 
movement of animals.  

(cid:208) 933/2008 Art. 1 and Annex  

That entry must comprise at least the following information: 

(a) 

the number of animals being moved; 

(b) 

the identification code of the holding of departure; 

(c) 

the date of departure; 

(d) 

the identification code of the holding of arrival; 

(e) 

the date of arrival. 

_____________ 

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22 

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(cid:207) 

ANNEX II 

Repealed Regulation with list of its successive amendments 

Only as regards the reference to 
Regulation (EC) No 21/2004 in 
the fifth indent of Article 1(1) 
and point 5.B.I.7 of the Annex 

Council Regulation (EC) No 21/2004 
(OJ L 5, 9.1.2004, p. 8) 

Council Regulation (EC) No 1791/2006 
(OJ L 363, 20.12.2006, p. 1) 

Council Regulation (EC) No 1560/2007 
(OJ L 340, 22.12.2007, p. 25) 

Commission Regulation (EC) No 933/2008 
(OJ L 256, 24.9.2008, p. 5) 

Commission Regulation (EC) No 759/2009 
(OJ L 215, 20.8.2009, p. 3) 

Commission Regulation (EU) No 506/2010 
(OJ L 149, 15.6.2010, p. 3) 

_____________ 

EN 

23 

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ANNEX III 

CORRELATION TABLE 

Regulation (EC) No 21/2004 

This Regulation 

Article 1 

Article 1 

Article  2,  introductory  wording,  points  (a)  to 
(d) 

Article  2,  introductory  wording,  points  (a)  to 
(d) 

Article 2 (e) 

Article 3 

Article 4(1) 

Article 4(2)(a) 

Article 4(2)(b) 

Article 4(2)(c) 

Article 4(2)(d) 

Article 4(3) to (9) 

Articles 5, 6 and 7 

Article 8(1) to (4) 

Article 8(5) 

Articles 9 to 12 

- 

Article 3 

Article 4(1) 

Article  4(2)  first  subparagraph,  introductory 
wording and point (a) 

Article 4(2), first subparagraph, point (b) 

Article 4(2) second subparagraph 

Article 4(2) third subparagraph 

Article 4(3) to (9) 

Articles 5, 6 and 7 

Article 8(1) to (4) 

- 

Articles 9 to 12 

Article 13(1) and (2) 

Article 13(1) and (2) 

Article 13(3) 

Article 14 

Article 15 

Article 16 

- 

Article 17, first paragraph 

- 

- 

- 

- 

Article 14 

Article 15 

Article 17, second paragraph 

- 

EN 

24 

   EN 

Annex 

- 

- 

Annex I 

Annex II 

Annex III 

_____________ 

EN 

25 

   EN