CELEX: 51992PC0148
Language: en
Date: 1992-05-05
Title: Proposal for a COUNCIL REGULATION (EEC) concerning the identification and registration of animals

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)
 ---pagebreak---                                         - 2 -
                             EXPLANATORY MEMORANDUM
The    Council   has   adopted   Directive      90/425/EEC     of   26   June   1990 1 ,
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.
 ---pagebreak---                                          - .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.
 ---pagebreak---                                        - 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
           2
91/496/EEC ,    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.
 ---pagebreak---                                            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 matters 3 , as amended
by Regulation (EEC) No 945/87 4 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    OJ NO L 144, 2.6.1981. p. 1.
4    OJ No L 90, 2.4.1987, p. 3.
5    OJ No L 351, 2.12.1989, p. 34.
 ---pagebreak---                                    - 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 origin 6 , 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.
 ---pagebreak---                                    - 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.
 ---pagebreak---                                    - 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.
 ---pagebreak---                                          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.
 ---pagebreak---                                       - 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.
 ---pagebreak---                                        - 11 -
                                    Art icle 10
1.   The   Commission    shall   be   assisted    by   the   Standing    Veterinary
                                                                   7
     Committee   set   up   by  Council    Decision    68/361/EEC ,     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
 ---pagebreak---                                       - 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
 ---pagebreak---                                    - 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
 ---pagebreak---                                  - 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.
 ---pagebreak---                                                - 15 -
                                                                     ISSN 0254-1475
                                                              COM(92) 148 final
                                                      DOCUMENTS
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