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

PART 1 E+W Introduction

Title, application and commencement E+W

1.—(1) The title of this Order is the Sheep and Goats (Records, Identification and Movement) (Wales) Order 2015.

(2) This Order applies in relation to Wales.

(3) This Order comes into force on 1 January 2016 except for Part 8 which comes into force on 18 January 2016.

Commencement Information

I1 Art. 1 in force at 1.1.2016, see art. 1(3)

Interpretation E+W

2.—(1) In this Order—

“animal” (“anifail”) means any animal of the ovine or caprine species;

“assembly centre” (“canolfan grynhoi”) means any holding at which sheep or goats originating from different holdings are grouped together to form consignments of animals intended for export or which is used in the course of export;

“central point of recording” (“pwynt cofnodi canolog”) means a holding approved by the Welsh Ministers under Section C.2 of the Annex to the Council Regulation for recording the identities of animals arriving at that holding;

“collection centre” (“canolfan gasglu”) means premises used for the intermediate reception of animals intended to be moved elsewhere (but does not include a market or other place used for the sale or trading of animals unless all the animals there are intended for immediate slaughter);

“Council Directive 92/102/EEC” (“Cyfarwyddeb y Cyngor 92/102/EEC”) means Council Directive 92/102/EEC on the identification and registration of animals(1);

“the Council Regulation” (“Rheoliad y Cyngor”) means 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(2) as amended from time to time;

“export” (“allforio”) means sending to [F1 a] member State or a third country;

“flockmark” (“nod diadell”) means the number allocated by the Welsh Ministers in respect of a flock of sheep on a holding;

“holding” (“daliad”) has the meaning given in Article 2 of the Council Regulation;

“identification code” (“cod adnabod”) means the code set out on a means of identification as required under this Order or under the previous Orders;

“identification device” (“dyfais adnabod”) means an eartag, electronic eartag, pastern tag, electronic pastern tag or bolus;

“identification mark” (“marc adnabod”) means a method of identification applied in [F1 a] member State, a means of identification or an older means of identification;

“illegible” (“annarllenadwy”) means, in relation to an electronic identification device, unreadable either electronically or visually;

“inspector” (“arolygydd”) means a person appointed to be an inspector for the purposes of this Order by the Welsh Ministers or a local authority;

“keeper” (“ceidwad”) has the meaning given in Article 2 of the Council Regulation;

“local authority” (“awdurdod lleol”) means in relation to an area the county council or county borough council for that area;

“market” (“marchnad”) means a market place, sale yard or any other premises or place to which animals are brought from any other place to be exposed for sale and includes any place, lairage or parking area adjoining a market and used in connection with it;

“market operator” (“gweithredwr marchnad”) means a person responsible for managing the reception or the sale of animals in a market or a duly authorised representative of such a person;

“means of identification” (“modd adnabod”) means an identification device or a tattoo;

“member State” (“Aelod-wladwriaeth”) means a member State of the European Union;

“method of identification” (“dull adnabod”) means an eartag, pastern tag or tattoo applied in [F1 a] member State or third country;

“movement document” (“dogfen symud”) means the movement document required by Article 6 of the Council Regulation;

“the previous Orders” (“y Gorchmynion blaenorol”) means—

(a)

the Sheep and Goats (Records, Identification and Movement) (Wales) Order 2009(3);

(b)

the Sheep and Goats (Records, Identification and Movement) (Wales) Order 2008(4);

(c)

the Sheep and Goats (Records, Identification and Movement) (Wales) Order 2006(5);

(d)

the Sheep and Goats Identification and Movement (Interim Measures) (Wales) (No. 2) Order 2002(6);

(e)

the Sheep and Goats Identification and Movement (Interim Measures) (Wales) Order 2002(7);

(f)

the Sheep and Goats Identification and Movement (Interim Measures) (Wales) Regulations 2002(8);

(g)

the Sheep and Goats (Records, Identification and Movement) (England) Order 2009(9);

(h)

the Sheep and Goats (Records, Identification and Movement) (England) Order 2007(10);

(i)

the Sheep and Goats (Registration, Identification and Movement) (England) Order 2005(11);

(j)

the Sheep and Goats Identification and Movement (Interim Measures) (England) (No. 2) Order 2002(12);

(k)

the Sheep and Goats Identification and Movement (Interim Measures) (England) Order 2002(13);

(l)

the Sheep and Goats Identification (England) Order 2000(14);

(m)

the Sheep and Goats (Records, Identification and Movement) Order (Northern Ireland) 2009(15);

(n)

the Sheep and Goats (Records, Identification and Movement) Order (Northern Ireland) 2005(16);

(o)

the Identification and Movement of Sheep and Goats Order (Northern Ireland) 2004(17);

(p)

the Identification and Movement of Sheep and Goats Order (Northern Ireland) 1997(18);

(q)

the Sheep and Goats (Records, Identification and Movement) (Scotland) Order 2009(19);

(r)

the Sheep and Goats (Identification and Traceability) (Scotland) Regulations 2006(20);

(s)

the Sheep and Goats Movement (Interim Measures) (Scotland) Order 2002(21);

(t)

the Sheep and Goats Identification (Scotland) Regulations 2000(22);

“register” (“cofrestr”) means the register required by Article 5 of the Council Regulation;

“slaughterhouse operator” (“gweithredwr lladd-dy”) means a person carrying on the business of a slaughterhouse or the duly authorised representative of such a person;

“unique number” (“rhif unigryw”) means a number that is unique to an animal in a flock or herd and contains no more than 6 digits.

(2) Expressions not defined in paragraph (1) which are used in this Order and which are also used in the Council Regulation have the same meaning in this Order as they have in that Regulation.

Textual Amendments

F1 Word in art. 2(1) substituted (31.12.2020) by The Livestock (Records, Identification and Movement) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/92), regs. 1(2), 4(2); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I2 Art. 2 in force at 1.1.2016, see art. 1(3)

Competent authority E+W

3.  The Welsh Ministers are the competent authority for the purposes of the Council Regulation.

Commencement Information

I3 Art. 3 in force at 1.1.2016, see art. 1(3)

Authorisations E+W

4.  Any authorisations or approvals issued under this Order or the Council Regulation must be in writing, may be made subject to conditions, and may be amended, suspended or revoked by notice at any time.

Commencement Information

I4 Art. 4 in force at 1.1.2016, see art. 1(3)

(1)

OJ No L 355, 5.12.92, p. 32 repealed by Directive 2008/71/EC. Older animals will still be identified in accordance with this Order.

(2)

OJ No L 5, 9.1.04, p. 8.

(3)

S.I. 2009/3364 (W. 296).

(4)

S.I. 2008/130 (W. 17).

(5)

S.I. 2006/1036 (W. 106), amended by S.I. 2006/2926 (W. 261).

(6)

S.I. 2002/2302 (W. 227), amended by S.I. 2003/167 (W. 27), S.I. 2003/946 (W. 127) and S.I. 2003/1966 (W. 211).

(7)

S.I. 2002/1357 (W. 133).

(8)

S.I. 2002/274 (W. 30), amended by S.I. 2002/811 (W. 91).

(9)

S.I. 2009/3219, amended by S.I. 2014/331.

(10)

S.I. 2007/3493.

(11)

S.I. 2005/3100, amended by S.I. 2006/2987.

(12)

S.I. 2002/2153, amended by S.I. 2003/29, 2003/502 and 2003/1728.

(13)

S.I. 2002/240, amended by S.I. 2002/764 and 2002/1349.

(14)

S.I. 2000/2027, amended by S.I. 2001/281.

(15)

>S.R. (NI) 2009/411.

(16)

S.R. (NI) 2005/535, amended by S.R. (NI) 2006/508.

(17)

S.R. (NI) 2004 No.491.

(18)

S.R. (NI) 1997 No.173, amended by S.R. (NI) 1998 No.393.

(19)

S.S.I. 2009/414.

(20)

S.S.I. 2006/73, amended by S.S.I. 2006/594 and S.S.I. 2007/559.

(21)

S.S.I. 2002/38, amended by S.S.I. 2002/221.

(22)

S.S.I. 2000/418, amended by S.S.I. 2002/531 and S.S.I. 2002/39.