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Subject matter and scope
1. This Regulation lays down rules on the identification of equidae: (a) born in the Union; or (b) released for free circulation in the Union in accordance with the customs procedure defined in point 16(a) of Article 5 of Regulation (EU) No 952/2013. 2. This Regulation shall apply without prejudice to Decision 96/78/EC.
Definitions
For the purposes of this Regulation, the following definitions shall apply: (a) ‘equidae’ or ‘equine animal(s)’ means wild or domesticated soliped mammals of all species within the genus Equus of the family Equidae, and their crosses; (b) ‘holding’ means an agricultural or training establishment, a stable or any premises or facilities in which equidae are habitually kept or bred, for whatever use, and nature reserves in which equidae live in freedom; (c) ‘keeper’ means any natural or legal person having possession of, or being charged with, the keeping of equidae, whether or not for financial reward, and whether on a temporary or permanent basis, including during transportation, at markets, or during competitions, races or cultural events; (d) ‘owner’ means the natural or legal person(s) having the ownership of the equine animal; (e) ‘registered equidae’ means any equidae which are: (i) entered or registered and eligible for entry in a studbook, in accordance with the rules laid down pursuant to Article 4(2)(b) of Directive 90/427/EEC and identified by means of an identification document provided for in Article 8(1) of that Directive; or (ii) horses, including ponies, registered with an international association or organisation, which manages horses for competition or racing and identified by means of an identification document issued by the national branch of that association or organisation; (f) ‘studbook’ means any book, register, file or data medium: (i) which is maintained either by an organisation or an association officially approved or recognised by a Member State or maintained by an official agency of the Member State concerned; and (ii) in which equidae are entered or registered and eligible for entry with a mention of all their known ascendants; (g) ‘equidae for breeding and production’ means equidae other than those referred to in points (e) and (h); (h) ‘equidae for slaughter’ means equidae intended to be transported either directly or after transit through an approved marshalling centre, referred to in Article 7 of Directive 2009/156/EC, to the slaughterhouse for slaughter; (i) ‘competent authority’ means the central authority of a Member State competent for the organisation of official controls or any other authority to which that competence has been conferred, including the competent authority referred to in point (h) of Article 2 of Directive 2009/156/EC; (j) ‘zootechnical authority’ means the central authority of a Member State competent for the implementation of Directive 90/427/EEC or any other authority to which that competence has been conferred, including the authorities referred to in Article 2(1) of Decision 92/353/EEC; (k) ‘temporary admission’ means the status of a registered horse coming from a third country and admitted into the Union for a period of less than 90 days pursuant to a Decision adopted in accordance with point (b) of Article 19 of Directive 2009/156/EC; (l) ‘permanent entry’ means the status of an equine animal originating in a third country and imported into the Union for a period of 90 days or more; (m) ‘mark’ means any visible or viewable and distinguishing characteristic of an individual equine animal, which is either inherent or acquired, and recorded for identification purposes; (n) ‘transponder’ means a read-only passive radio-frequency identification device: (i) complying with standard ISO 11784 and applying Full Duplex (FDX or FDX-B) or Half Duplex (HDX) technology; and (ii) capable of being read by a reading device compatible with standard ISO 11785, at a minimum distance of 12 cm; (o) ‘unique life number’ means a unique 15-digit alpha-numeric code compiling information on the individual equine animal and the database and country where such information is first recorded in accordance with the coding system of the Universal Equine Life Number (UELN) and comprising: (i) a six-digit UELN-compatible identification code for the database referred to in Article 39; followed by (ii) a nine-digit individual identification number assigned to the equine animal; (p) ‘Member State free from African horse sickness’ means: (i) any Member State in which there has been no clinical, serological (in unvaccinated equidae) or epidemiological evidence of African horse sickness on the territory concerned in the previous 2 years; and (ii) in which there have been no vaccinations against that disease during the previous 12 months; (q) ‘compulsorily notifiable diseases’ means the diseases listed in Annex I to Directive 2009/156/EC; (r) ‘official veterinarian’ means the veterinarian designated by the competent authority of a Member State or of a third country; (s) ‘smart card’ means a plastic device with an embedded computer chip capable of storing data and transmitting them electronically to compatible computer systems; (t) ‘veterinarian responsible’ means the veterinarian referred to in Article 10(1) of Directive 2001/82/EC.
General principles and obligation to identify equidae
1. Equidae living in one of the territories listed in Annex I to Regulation (EC) No 882/2004 shall be identified in accordance with this Regulation. 2. Where the keeper is not the owner or one of the owners of the equine animal, it shall act in accordance with this Regulation on behalf of and in agreement with the owner. 3. Member States and the issuing bodies referred to in Article 5(1)(a) and Article 5(1)(b) may require that the application to an issuing body for obtaining an identification document as provided for in Article 11 or for modifying identification details in an existing identification document as provided for in Article 27 is to be submitted by the owner. 4. Member States shall ensure, where appropriate through official controls in accordance with Regulation (EC) No 882/2004, that keepers of equine animals and issuing bodies fulfil their obligations under this Regulation.
The Union system for equine identification
1. For the purpose of this Regulation, the Union system for the identification of equidae shall be comprised of the following elements: (a) a single lifetime identification document which, unless otherwise provided by the issuing body or provided for in this Regulation, shall remain the property of the issuing body that issued it, and which contains: (i) a narrative describing the equine animal and recording its marks; (ii) a completed outline diagram depicting the marks recorded in the narrative; (iii) a space for authorised entries describing modifications to the identification details; (b) a method of identity verification which: (i) ensures an unequivocal link between the identification document and the equine animal for which it was issued; (ii) shows that that equine animal has already undergone a process of identification; (c) a database recording, in accordance with Article 38, the identification details relating to the equine animal for which the identification document was issued and to the keeper who submitted the application for the identification document and at the same time assigning the unique life number to the animal; (d) a central database set up in accordance with Article 39. 2. An equine animal shall only be deemed to be identified in accordance with this Regulation where it is: (a) accompanied by an identification document issued in accordance with one of the following provisions: (i) Article 9, for equidae born in the Union; or (ii) Article 14, for equidae imported into the Union; or (iii) Article 29 or 30 when accompanied by a duplicate identification document; or (iv) Article 32 when accompanied by a replacement identification document; or (b) identified in accordance with: (i) Article 24, for derogations for movements or the transport of equidae accompanied by a temporary document; or (ii) Article 26(2), for derogations for certain movements and transport of equidae for slaughter.
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