The Sheep and Goats (Records, Identification and Movement) (Wales) Order 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order revokes and replaces the Sheep and Goats (Records, Identification and Movement) (Wales) Order 2009 (S.I. 2009/3364 (W. 296)) (“the 2009 Order”). It makes provision for the administration and enforcement in Wales of Council Regulation (EC) No. 21/2004 (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/EEC).

Part 2 provides that identification devices used to comply with this Order must be of a type approved by the Welsh Ministers and sets out some general provisions in relation to the application of identification devices.

Part 3 provides for the means of identification of sheep and goats, including the requirement that a sheep intended for slaughter before the age of 12 months must be identified with an electronic eartag. If sheep intended for slaughter before the age of 12 months were identified before 1 January 2016 with a non-electronic eartag then this need not be replaced with an electronic eartag until 30 June 2017.

Part 4 makes provision for the removal or replacement of identification marks on animals identified under Part 3.

Part 5 makes provision for the identification of goats not identified under Part 3.

Part 6 makes provision for the replacement of identification marks on all animals identified before 1 January 2016 and on goats identified in accordance with Part 5.

Part 7 makes provision for every keeper to keep an up-to-date holding register, setting out the information which must be entered in the register and when.

Part 8 requires operators of central points of recording to report movements of animals electronically and allows other keepers to do so.

Part 9 sets out the requirement for keepers to keep an annual inventory and supply information to the Welsh Ministers about their holding and the time limits for doing so.

Part 10 provides for the allocation of lot numbers to animals at a market and prohibits the buying or selling of animals unless all animals from a lot are bought or sold. It exempts markets and slaughterhouses from the need to re-identify animals with missing identification marks, and provides for arrangements to be agreed to allow central points of recording not to record electronically in the event of a power or equipment failure.

Part 11 makes provision for the identification requirements of animals brought into Wales from other member States, other parts of the United Kingdom, the Crown Dependencies and from third countries.

Part 12 contains miscellaneous and enforcement provisions including the requirements relating to animals which are to be exported. Article 37 sets out a defence to the failure to identify an animal correctly in the case of emergency veterinary treatment. Article 38 confers various powers on inspectors and article 39 enables inspectors to prohibit the movement of a flock of sheep or a herd of goats to or from a holding. Articles 40 and 41 relate to the provision of false or misleading information and the alteration of identification marks. Article 42 relates to offences committed by bodies corporate and article 43 relates to offences committed by partnerships and unincorporated associations. The Order is enforced by the local authority or the Welsh Ministers if so directed (article 44).

Breach of the Order is an offence under section 73 of the Animal Health Act 1981, punishable in accordance with section 75 of that Act.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, a Regulatory Impact Assessment has been prepared as to the likely costs and benefits of complying with this Order. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff CF10 3NQ.