The need to register livestock farms, as an instrument of animal health and livestock management policy, is being collected in both national and Community legislation. horizontal as sectoral. Thus, Council Directive 92/102/EEC of 27 November 1992 on the identification and registration of animals, which is incorporated into the Spanish legal order by Royal Decree 205/1996 of 9 February establishing a system of for the identification and registration of bovine, porcine, ovine and caprine species, cites in Article 3 the obligation to have up-to-date lists of holdings of those species, containing their basic data.

For their part, Law 8/2003 of 24 April of animal health provides, in Article 38 (1), that all holdings of animals must be registered in the autonomous community in which they radiate and the basic data of these records shall be included in a national register of information. The State has therefore considered it essential to establish a register in which the basic data for all livestock holdings located in Spain are collected and, in accordance with its coordination competence, the recording of such data by the Autonomous Communities.

The main purpose of this royal decree is to regulate this law, to establish and regulate the General Register of Livestock Holdings (REGA), which takes advantage of the experience acquired by the Identification and registration of bovine animals (SIMOGAN) and swine (SIMOPORC), regulated by Royal Decree 1980/1998 of 18 September 1998 establishing a system for the identification and registration of bovine animals and the Royal Decree 1716/2000 of 13 October on health rules for intra-Community trade in animals of the bovine and porcine species, developed by the Order of 21 December 1999, establishing the Bureau for the coordination of the identification and registration of bovine animals and for regulating a computerised database; and Order APA/3164/2002 of 11 December 2002 establishing and regulating the computerised database of the national system for the identification and registration of the movement of pigs (SIMOPORC). On the other hand, this royal decree also takes into account the new requirements regarding the registration of the regulations already in force or in preparation for the rest of the species of interest in livestock.

In addition to establishing the basic structure and contents of the General Register of livestock holdings, this royal decree establishes the obligations of the holders of the holdings in relation to the records of the competent authorities of the autonomous communities, the identification code to be assigned to each holding, as well as the relation of those records to the General Register of livestock holdings.

On the other hand, it is necessary to establish a coordinating body with the autonomous communities to replace the Bureau for the Coordination of Identification and Registration of bovine animals, established under the auspices of the Additional provision of Royal Decree 1980/1998 of 18 September 1998 and developed by the Order of 21 December 1999, in such a way that the scope of the new body comprises all animal species of livestock interest.

In the elaboration of this royal decree, the autonomous communities and affected sectors have been consulted.

This royal decree is dictated by the habilitation contained in the fifth final provision of Law 8/2003, of April 24, of animal health.

In its virtue, on the proposal of the Minister of Agriculture, Fisheries and Food, with the prior approval of the Minister of Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers in its Meeting of the day 26 March 2004,

D I S P O N G O:

Article 1. Object and scope of application.

1. This royal decree aims to establish and regulate the General Register of Livestock Holdings (REGA, hereinafter), as well as the data necessary to carry out the inscriptions on this and the characterization of the identification code of the each holding as provided for in Article 38.1 of Law 8/2003 of 24 April of animal health.

2. It shall apply to production animals as defined in Article 3.2 of Law 8/2003 of 24 April, and in particular to those belonging to the species listed in Annex I to this Royal Decree. It shall not apply to pet animals, domestic animals or wild fauna as defined in paragraphs 3, 4 and 5 respectively of Article 3 of Law 8/2003 of 24 April. The specific regulatory provisions of each sector may also provide for derogations from the registration of non-profit-making holdings.

3. This royal decree will apply throughout the national territory.

Article 2. Definitions.

For the purposes of this royal decree, the following definitions apply:

(a) Exploitation: any installation, construction or, in the case of open-air farming, any place where animals of production, as defined in Article 3.2, are kept, reared or handled or are exposed to the public. of Law 8/2003 of 24 April, with or without profit. For this purpose, it shall be understood to include zoos, slaughterhouses and other places where the slaughter of animals is carried out, the centres in which taurine shows are carried out, the facilities of the commercial operators and the concentration centres.

(b) Holder of holding: any natural or legal person who owns or is responsible for the animals, even on a temporary basis.

(c) Competent authority: the competent bodies of the Autonomous Communities.

Article 3. General Register of Livestock Holdings (REGA).

1. The General Register of Livestock Holdings (REGA), under the General Directorate of Livestock of the Ministry of Agriculture, Fisheries and Food, shall include the data in the records managed by the competent bodies of the Autonomous communities.

2. The REGA shall be public and informative and shall be constituted in a computerised database.

3. The autonomous communities shall register in a register the holdings which are located in their territorial area, at least with the data set out in Annex II, classified according to the types of operation set out in Annex III, without prejudice to the of the specific regulatory provisions of each sector, by assigning to each holding an operating identification code, in accordance with Article 5.

4. The Autonomous Communities shall communicate to the Livestock Directorate General the data referred to in Annex II, which they work in their registers, for the purposes of their inclusion in the REGA.

5. The information not contained in Annex II, which is included in:

, shall also be part of the REGA.

(a) The databases established, for the bovine animals, by Article 12 of Royal Decree 1980/1998 of 18 September 1998 establishing a system for the identification and registration of bovine animals, and, for Article 12 (1) (b) and (c) of Royal Decree 1716/2000 of 13 October on health rules for the intra-Community trade in bovine animals and swine, developed respectively by the Order of 21 December 2000, in respect of the 1999 and the APA/3164/2002 Order of 11 December 2002.

(b) The records established by Article 7 of Royal Decree 324/2000 of 3 March laying down basic rules for the management of pig holdings by Article 6 of Royal Decree No 209/2002 of 22 December 2002. February, which lays down rules for the management of apiculture holdings, and Article 3 of Royal Decree 372/2003 of 28 March establishing and regulating the general register of laying hens.

6. For the purposes of paragraphs 3, 4 and 5, the records of the autonomous communities shall be computerised and their management system shall, in any event, enable the high, low and minor changes to be made to reflect the immediate in the REGA.

Autonomous communities will have computer access to the REGA for the information they are responsible for, without prejudice to the limits that are legally appropriate for the protection of personal data.

7. In cases where the activity of holdings is interrupted for a period of one year, the holding shall be considered as inactive. If more than two years elapse from the consideration of inactivity without the holding resuming its activity again, it will be discharged in the corresponding register, except cause of force majeure, prior to the corresponding procedure in which the interested party will be heard.

8. Once all the permits, authorizations or licenses required by the current regulations have been obtained, no new exploitation will be able to start its activity without being registered and having received the corresponding identification code.

Article 4. Obligations of the holding holders.

1. The holding holder shall provide the competent authorities, before the start of their business, with at least the data necessary for the registration set out in Annex IV.

2. The holding holder shall report changes in the data recorded in the register to the competent authority within the time limit determined by the competent authority, which may not exceed one month after they occur.

3. Data on the census of holdings shall be communicated to the competent authority at least once a year. In this respect, the census shall be communicated before 1 March of each year, indicating the average census of the preceding year or the census to be laid down in the specific regulations of each sector, in the form determined by the authority. competent.

Without prejudice to the above, the competent authority may update the census of holdings, in the light of the administrative action it takes in these holdings.

Article 5. Allocation of the identification code to each holding.

The competent authorities of the autonomous communities shall proceed to assign each holding an identification code, which ensures their unique identification. The structure of such code shall be:

a) "ES" that identifies Spain.

b) Two digits that identify the province, according to the National Statistics Institute's coding.

c) Three digits that identify the municipality, according to the National Statistics Institute coding.

d) Seven digits that identify exploitation within the municipality in a unique way.

Article 6. Enrollment in the registry.

Once the complete data of any holding is received in the register established for the purpose in each autonomous community, it shall be carried out, if appropriate in accordance with the provisions of Article 3.8, of the code of identification of the holding, the communication to the holder, the registration and the modification, suspension or termination of such registration where appropriate.

Article 7. Controls.

The competent authorities will carry out the necessary controls, administrative and on the ground, to ensure compliance with this royal decree.

Article 8. National coordination committee for the identification of livestock and the exploitation of livestock species.

1. The national coordination committee for the identification of livestock and the registration of the exploitation of livestock species as a collegiate body is hereby established, under the General Administration of Livestock of the Ministry of Agriculture, Fisheries and Power.

2. The Committee shall be composed of

following members:

(a) President: the Deputy Director-General of Holdings of the General Directorate of Livestock.

b) Vice-Chair: Deputy Director-General for Management of Holdings.

c) Vocals: a representative of each autonomous community to agree to be integrated into this body, the Deputy Director General of Animal Health, the Deputy Director General of Vacuno and Ovino, the Deputy Director General of Porcino, Atenet and Others Livestock production, the Deputy Director General of Animal and Animal Nutrition, the Deputy Director General of Informatics and Communications of the Ministry of Agriculture, Fisheries and Food and the Deputy Director General for Market Intervention and Management The Supplementary Rate of the Dairy Fee of the Spanish Agricultural Guarantee Fund.

(d) Secretary: an official who holds at least the post of section chief in the employment relationship of the General Management Subdirectorate of Holdings, designated by its holder.

3. In cases of vacancy, absence or illness, or other legal cause, the president shall be replaced by the vice-president.

4. The Committee may approve its own operating rules. In all cases, the Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, will apply. The Committee shall meet by a call from its chairman or at the request of any of its members, and at least once a quarter.

5. These are the functions of the National Committee for the Coordination of Livestock Identification and the Registration of Exploitation of Livestock Species:

(a) Propose the necessary measures to ensure the coordinated operation of the systems for the identification and registration of species of livestock interest throughout the national territory.

b) To carry out the study and advice tasks that are required to adapt the national rules on identification and registration to the needs that arise.

c) Agree to the setting up of specific working groups.

6. The costs of compensation for the performance of services, allowances and displacements arising from the participation in meetings of the members of the Committee shall be on behalf of their respective administrations.

Article 9. Sanctioning regime.

In case of non-compliance with the provisions of this royal decree, the regime of violations and penalties applicable in accordance with the provisions of Law 8/2003 of April 24, of animal health, and the Royal Decree, will apply. 1945/1983 of 22 June 1983 regulating infringements and penalties in respect of the defence of the consumer and of agri-food production, without prejudice to the civil, criminal or other responsibilities which may arise.

Additional disposition first. Human and material resources.

The operation of the General Register of livestock farms and the National Committee for the Coordination of Livestock Identification and the Registration of Exploitation of Livestock Interest Species shall be addressed with the personal means. and existing materials in the Ministry of Agriculture, Fisheries and Food.

Additional provision second. Holdings with the holders of the Ministries of Defence and the Interior and their public bodies.

With regard to holdings whose holders are the Ministries of Defense and the Interior or their public bodies, the provisions of this royal decree shall apply exclusively by means of the communication between them. ministries and the Ministry of Agriculture, Fisheries and Food of how much data are relevant to the effects of this royal decree, being able to establish the instruments that are considered timely at any time.

Additional provision third. Reference to the repealed regulation.

The references, which are contained in the regulations in force to the precepts mentioned in the single repeal provision, will be understood as referring to this royal decree.

In particular, references to the Bureau for the coordination of the identification and registration of bovine animals shall be construed as referring to the National Committee for the Coordination of Livestock Identification and Registration of the species of livestock interest.

Single transient arrangement. Holdings in operation.

1. Holders of holdings which are already in operation before the entry into force of this royal decree and which are not registered in the registers of the autonomous communities, as well as those of holdings in which they are registered in force not all the data entered in Annex IV are included or have undergone changes with respect to those recorded, they shall provide the competent authorities with the updated data necessary for their correct entry in the register in the maximum period of six months from the entry into force of this royal decree, without prejudice to the Standalone communities can set a shorter term.

2. The competent authority shall, where appropriate, carry out the registration and its notification to the persons concerned, with the identification code assigned to each holding.

Single repeal provision. Regulatory repeal.

Any other disposition, of equal or lower rank, is hereby repealed in all that is opposed to this royal decree, and in particular:

(a) Article 3 of Royal Decree 205/1996 of 9 February establishing a system for the identification and registration of bovine, porcine, ovine and caprine animals.

(b) The second provision of Royal Decree 1980/1998 of 18 September 1998 establishing a system for the identification and registration of bovine animals.

(c) Articles 1 to 5, inclusive, of the Order of 21 December 1999, for which the

Table of coordination for the identification and registration of bovine animals and a computerised database is regulated.

(d) Article 7 (6) of Royal Decree 324/2000 of 3 March laying down basic rules for the management of pig holdings.

Final disposition first. Competence title.

This royal decree is issued in accordance with the provisions of Article 149.1.13. and 16. of the Constitution, which attributes to the State exclusive competence in the field of bases and coordination of the general planning of the activity. The economic and social foundations and coordination of health, respectively.

Final disposition second. Amendment of Royal Decree 205/1996 of 9 February establishing a system for the identification and registration of animals of the porcine, ovine and caprine species.

Royal Decree 205/1996 of 9 February establishing a system for the identification and registration of animals of the porcine, ovine and caprine species is hereby amended as follows:

One. Article 7 shall have the following

:

" Article 7. Identification of the animals of the porcine species.

All animals of the porcine species must be marked as soon as possible and, in any case, before leaving the holding with a mark, consisting of a headphone or a tattoo depending on what the authority establishes. competent, with similar characteristics as described in Annex V. This mark shall determine the holding from which the animals come and shall consist of at least the following sequence of letters and numbers:

a) A maximum of three digits corresponding to the municipality number, according to the INE encoding.

b) The initials of the province according to Annex I of this royal decree.

c) A maximum of seven digits that uniquely identify the exploitation within the municipality.

In the case of animals intended for trade, the mark shall be supplemented by the indication 'ES' at the beginning of the sequence of letters and numbers. '

Two. Article 8 (1) is worded as follows:

" 1. Holders or holders of ovine and caprine animals shall identify them with a mark, consisting of a atrial crottal or a tattoo in accordance with what is determined by the competent authority, as soon as possible and, in any case, before to leave the holding or to have completed 12 months, unless they have departed before that age or if they have been subjected to official livestock sanitation campaigns, in which case they shall be identified at that time. The mark, with similar characteristics as provided for in Annex VI, shall consist of at least the following sequence of letters and numbers:

a) A maximum of three digits corresponding to the municipality number, according to the INE encoding.

b) The initials of the province according to Annex I of this royal decree.

c) A maximum of seven digits that uniquely identify the exploitation within the municipality.

In the case of animals intended for trade, the mark shall be supplemented by the indication 'ES' at the beginning of the sequence of letters and numbers. '

Final disposition third. Amendment of Royal Decree 372/2003 of 28 March establishing and regulating the General Register of laying hens.

Paragraph (b) of Article 2 of Royal Decree 372/2003 of 28 March establishing and regulating the General Register of laying hens is amended as follows:

"(b) Establishments: all production sites where laying hens are used for commercial purposes, except those intended exclusively for breeding of breeding laying hens."

Final disposition fourth. Development and modification faculty.

1. The Minister for Agriculture, Fisheries and Food is empowered to adopt, within the scope of his powers, the provisions and measures necessary for the development and implementation of the provisions of this royal decree, and in particular to approve, by order, on a proposal from the Committee set up in Article 8, technical protocols to ensure the coordination and operation of the computerised database, which shall serve as a support for the REGA, in the State as a whole.

2. The Minister for Agriculture, Fisheries and Food is also empowered to amend by ministerial order the annexes to this royal decree for urgent reasons relating to animal health or for their adaptation to Community legislation.

Final disposition fifth. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Dado en Madrid, a 26 de marzo de 2004.

JOHN CARLOS R.

The Minister of Agriculture, Fisheries and Food,

MIGUEL ARIAS CANETE

ANNEX I

Species and groups of species of production animals referred to in Article 1.2

Bovids: including cattle, buffaloes, and bison.

Pigs: pork.

Sheep.

Caprino.

Equidae: including horses, donkeys, mules and zebras.

Poultry:

Hens.

Turkeys.

Painted.

Ducks.

Ocas.

Codorices.

Doves.

Faisans.

Parses.

Sliding Birds (Ratites).

Cuniculture:

Rabbits.

Lires.

Beekeeping: bees.

Fighting species:

Vison.

Red Fox.

Nutria.

Chinchilla.

Cynetic higher hunting species reared, maintained or primed as production animals:

Corzos.

Deer.

Let's Go.

Jabalis.

Other.

ANNEX II

Minimum data to contain the General Register of Livestock Holdings (REGA)

A. Relating to the farm as a whole.

1. Identification code of the holding assigned by the competent authority in accordance with Article 5.

2. Details of the holder of the holding: surname and name or social reason, number or tax identification code (NIF or CIF), address, postal code, municipality, province and telephone.

3. Data from other holding related to the holding: surname and name or social name, NIF or CIF and relationship to the holding.

4. Details of the health officers of the holding.

5. Type of holding in question according to the classification set out in Annex III.

B. For each of the species listed in Annex I.

1. Species.

2. Data from the main location where each species is raised: address, postal code, municipality and province.

3. Geographical coordinates of the main location and the location or secondary locations where each species is farmed, with the exception of apiculture species: longitude and latitude.

4. Status in the record (high, inactive, or low).

5. Local code.

6. Zootechnical classification.

7. Whether or not it is self-consumption.

8. Classification according to the production system:

intensive, extensive, or mixed.

9. Classification according to criteria of sustainability or self-control: organic, integrated or conventional farms.

10. Classification according to productive capacity.

11. Classification according to the type of farming: organic production, litter, soil or cages.

12. Census and date of update.

13. Where applicable, data from the commercial integrator to which it belongs, indicating name or social reason, CIF, address, postal code, municipality, province, telephone and low date.

14. Where applicable, identification code, social reason, address, postal code, municipality and province of the health defence group.

15. Maximum capacity.

16. Where applicable, identification code, surname and first name, NIF and telephone of authorised or authorised veterinarians.

17. Where appropriate, information on controls, health status, vaccinations and treatments affecting the species concerned.

18. Where appropriate, information on inspections carried out on identification and registration, health and animal welfare.

19. Health information relating to the entry and exit restrictions affecting the species considered within the holding, with an indication of their causes.

The information in paragraphs 5, 6, 8, 9, 10, 11, 15, 17 and 18 shall be collected as appropriate, in accordance with applicable sectoral and/or health rules.

ANNEX III

Classification of the types of exploitation

1. Breeding and breeding holdings: those holding and breeding animals, either for the purpose of obtaining a profit from their production (including select animals, semen or embryos), or for their use for consumption family.

In addition, holdings that do not belong to any of those listed in paragraph 2 shall be included in this type.

2. Special livestock holdings.

2.1 Trater or commercial operators: those belonging to any natural or legal person registered in the activity, directly or indirectly engaged in the purchase and sale of animals for commercial purposes immediate, which has a regular business figure with such animals and which, within 30 days after acquiring the animals, sells them or moves them from the first premises to others that do not belong to them.

2.2 Animal concentration centres: as defined in Article 3.7 of Law 8/2003 of 24 April on animal health.

2.3 Leisure, teaching and research holdings: facilities where animals are kept on a permanent basis for the purpose of spreading or learning, including the centres where animals are kept the species referred to in Annex I for scientific experimentation.

2.4 Mataderos: Animal slaughter establishments in accordance with the requirements of the Royal Decrees 147/1993 of 29 January laying down health conditions for the production and marketing of meat Fresh, 2087/1994, of 20 October 1994 laying down health conditions for the production and marketing of fresh poultrymeat and 1543/1994 of 8 July 1994 laying down the health and safety requirements (a) sanitary conditions applicable to the production and placing on the market of domestic rabbit meat and farmed game meat.

2.5 Bullfighting: those buildings or enclosures that are specific or preferentially constructed for the celebration of bullfighting.

2.6 Inspection centres: as defined in Article 3 (25) of Law 8/2003 of 24 April of animal health.

2.7 Quarantine centres: as defined in Article 3 (26) of Law 8/2003 of 24 April of animal health.

2.8 Stop points: as defined in Royal Decree 1041/1997 of 27 June 1997 laying down rules on the protection of animals during transport.

2.9 Pastes: those farms that are permanently or occasionally livestock for use by grazing natural or plant-grown crops.

2.10 Home Slaughter Centres: those centres established by the competent authority where pigs are slaughtered for self-consumption.

ANNEX IV

Minimum data to be provided by the holding holder to the competent authorities

(a) Minimum data to be provided in the case of classified holdings, as set out in Annex III, according to the following types:

1. Production and reproduction livestock holdings.

2.1 Tratants or commercial operators.

2.2 Animal concentration centers.

2.3 Leisure, teaching and research holdings.

2.9 Pastos.

For these types of holdings, the holder shall provide the data referred to in paragraph A. 2, 3 and 5 of Annex II and in paragraph B. 1, 2 and 7 to 14 of Annex II.

(b) Minimum data to be provided in the case of classified holdings, as set out in Annex III, according to the following types:

2.4 Matches.

2.5 Bullfighting.

2.6 Inspection Centers.

2.7 Quarantine Centers.

2.8 Stop points.

2.10 Home Sacrifice Centers.

For these types of holdings, the holder shall provide the data referred to in Annex II (A) (2), (3) and (5) and in Annex II (B) 1 and 2.