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Royal Decree 225/1994, 14 February, Which Establishes A System Of Identification And Registration Of Animals Of The Bovine And Porcine Species.

Original Language Title: Real Decreto 225/1994, de 14 de febrero, por el que se establece un sistema de identificación y registro de animales de las especies bovina y porcina.

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TEXT

As a consequence of the accession of Spain to the European Communities and within the process of harmonization of veterinary legislation in the field of the Community, it is necessary to transpose into our legal system Council Directive 92/102/EEC of 27 November 1992 on the identification and registration of animals.

By this Royal Decree, a partial transposition of Directive 92/102/EEC is carried out, in particular with regard to the identification and registration of bovine animals and swine.

The completion of the internal market provided for in Article 7 (a) of the Treaty establishing the European Community will involve the elimination of all obstacles in intra-Community trade with the abolition of veterinary checks at the border and the free movement of animals and products, and it is therefore necessary to establish a unified Community system for the identification and registration of animals, enabling rapid and efficient exchange of information. of data between Member States, as well as the ability to reconstruct animal movements through the various countries and, where appropriate, within the territory of the Spanish State.

On the other hand, Article 3 (1) (c) of Royal Decree 1316/1992 of 30 October 1992 laying down the veterinary and zootechnical checks applicable in intra-Community trade in certain products live animals and products, provides that animals and products must be identified in accordance with the requirements of the Community rules and recorded in order to enable the holding, centre or body of origin or of the Step.

This provision shall be applied in the light of the rules on the National Waste Investigation Plan and the development provisions established in accordance with Royal Decree 1430/1992 of 27 November 1992. laying down the principles governing the organisation of veterinary checks and the identity of animals entering the Community from third countries and taking account of Article 5 of Regulation (EEC) No 3508/92, of the Council of 27 November establishing an integrated management and control system of certain Community aid schemes.

On the other hand, the systems for the identification and registration of animals are also necessary for the management of certain Community aid schemes for agriculture; therefore, these systems of identification and Registration should be adapted to the application and control of these schemes.

Consequently, it is necessary to incorporate into the Spanish legislation the requirements concerning the identification and registration of bovine and porcine animals listed in that Directive and this in accordance with the state competence contained in Article 149.1.13 of the Constitution.

In its virtue, on the proposal of the Minister of Agriculture, Fisheries and Food, in agreement with the Council of State and after deliberation of the Council of Ministers, at its meeting on 11 February 1994,

D I S P O N G O:

Article 1. Object and scope of application.

This Royal Decree lays down the minimum conditions for the identification and registration of bovine animals and swine.

Article 2. Definitions.

For the purposes of this Royal Decree is entered by:

(a) Animal: any animal of the bovine and porcine species.

(b) Exploitation: any establishment, construction or in the case of outdoor breeding, any place where animals are held, reared or handled.

(c) Holder or holder: any natural or legal person responsible for the animals, even on a temporary basis.

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

(e) Exchanges: exchanges between the Member States in accordance with the provisions of Article 9 (2) of the Treaty on European Community.

Article 3. List of holdings.

1. The competent authorities shall carry out an updated list of all holdings which have animals covered by this Royal Decree situated in their territory, with a reference to the holders or holders and the species to which they belong. animals. Holdings must be kept on that list for three years after the cessation of the activity and the removal of the animals. The list shall also include the trade mark or marks used for the identification of the holding, in accordance with the provisions of Article 5 and Article 7.

The Commission, the competent authority and any authority responsible for monitoring the implementation of Regulation (EEC) 3508/92 shall have access to the whole of

the information obtained under this Royal Decree.

2. Natural persons who have only a pig intended for their own use or consumption shall be excluded from the list provided for in paragraph 1, provided that they are subject to the controls imposed by this Royal Decree before each movement.

Article 4. Register of exploitation.

1. Each holder or holder of bovine or porcine animals, whose holding is in the list provided for in Article 3 (1), shall keep a register, stating the total number of animals present on the holding, including an up-to-date relationship of all births, deaths and movements with indication, as appropriate, of the origin and destination of the animals, as well as the dates of such movements. Per movement the number of animals of each input and output operation is understood.

(a) In the case of bovine animals, the individual mark assigned to each animal must be mentioned and, in the case of swine, the reference to births and deaths shall not be compulsory.

In any event, at least the data set out in Annexes 1 and 2 for cattle and pigs, respectively, shall be recorded in that register.

(b) In the case of pure-bred pigs and hybrid pigs, which are recorded in a breeding book or other type of registration under Royal Decree 723/1990 of 8 June 1990 on the selection and reproduction of livestock Pigs of pure breeds and of Royal Decree 1108/1991 of 12 July 1991 on zootechnical standards applicable to hybrid breeding pigs may be recognised as a registration system based on an individual identification of the animals it offers guarantees equivalent to those set out in this Royal Decree.

2. Any holder or holder of animals shall, at the request of the competent authority, provide the competent authority with all information relating to the origin, identification and, where appropriate, the destination of the animals which have been, had, transported, marketed or Slaughtered.

3. Any holder or holder of animals from or to a market or a grouping centre shall provide the operator with a document setting out the details of the animals, including the identification numbers or marks of all animals. The

By operator means a person who in the market or regrouping is a holder of such animals on a temporary basis.

This operator may use the documents obtained in accordance with the preceding paragraph to comply with the obligations laid down in paragraph 1 of this Article.

Article 5. General principles on the identification of animals.

The holders or holders of animals must comply with the following identification rules:

(a) Before the animals leave the holding where they are born, they shall be placed with an identification mark.

(b) No mark shall be removed or replaced without the authorisation of the competent authority.

When a mark has become illegible or lost, a new mark shall be placed in accordance with the provisions of this Article.

(c) Any holder or holder shall enter any new mark in the register referred to in Article 4, in order to establish a link with the trade mark which was previously affixed.

(d) Article 6 (a) (a), shall be approved by the competent authority, manufactured in such a way that it cannot be forged, easily legible throughout the life of the animal, may not be re-used and will not affect your well-being.

Article 6. Identification of animals of the bovine species.

The holders or holders of bovine animals must identify them in accordance with the following rules:

(a) All bovine animals shall be identified by means of an eartag, with an alphanumeric code composed of the following characters:

The first two digits will be the letters ES that identify Spain, then a maximum of two letters identifying the province (Annex 3) and four figures and two correlative letters that identify individually each animal.

The competent authority shall bear a ratio of the number of crotals used on each holding, located in its territorial scope.

Bovine animals of the breed are excluded from the obligation to identify themselves by means of the crotals referred to in paragraph (a), with the identification shown in Chapter II of the Order of the Ministry of Agriculture, Fisheries and Food of 12 March 1990, approving the specific Regulation of the Genealogical Book of the bovine species.

(b) Identification marks shall be assigned to the holding, distributed and placed in the animals in a manner determined by the competent authority.

(c) The identification marks referred to in paragraph (a) of this Article shall be placed at the latest within 30 days of the birth of the animal.

However, the competent authority may defer marking until the animal has reached the age of no more than six months, provided that the farmer assigns to the animals, before the age of 30 days, a provisional mark. recognised by that competent authority which permits the identification of the holding of birth of the animal, and that these animals cannot leave the holding except for slaughter in a slaughterhouse situated in the territory of the same authority competent to have recognised the provisional mark, without going through another holding.

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 an eartag or a tattoo determining the holding from which they come and which permits make reference to the list of holdings referred to in Article 3, and mention should be made of such a mark in any accompanying document.

Article 8. Identification of animals from Community countries.

bovine animals from a Member State of the Community arriving in the Spanish territory may be identified again in accordance with the requirements of Article 5, while retaining the mark original of the Member State of provenance, the incidence recorded in the register referred to in Article 4 being recorded.

Article 9. Identification of animals from third countries.

Animals imported from a third country which have satisfied the controls established by Royal Decree 1430/1992 of 27 November laying down the principles for the organisation of veterinary and veterinary checks the identity of the animals which are introduced into the Community and from third countries, and remain in Spanish territory, must be identified by a trade mark in accordance with Article 5, within 30 days of the checks and, in any case, prior to movement from the holding of destination, except where such Destination holding is a slaughterhouse located in Spain and the animal is slaughtered within 30 days.

A nexus will be established between the identification established by the third country and the new identification. Such nexus shall be entered in the register provided for in Article 4.

Article 10. Sanctions.

The infringements will be sanctioned in accordance with the Epizootic Law of 20 December 1952 and the Epizootic Regulation of 4 February 1955, in Chapter XXII, updated by the Royal Decree 1665/1976 of 7 May, and in accordance with the principles of the sanctioning procedure laid down by Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

Single additional disposition. Basic regulations.

The provisions of this Royal Decree, with the exception of the Annexes, shall have the character of basic State legislation, in accordance with the provisions of Article 149.1 13. of the Constitution, which attributes to the State the competence on the bases and the coordination of the general planning of the economic activity.

Single transient arrangement. Marking of animals.

1. Until the date of affixing of the ear tags described in Article 6 for bovine animals, provisionally, they shall be considered valid for the purposes of this Royal Decree:

(a) The marks laid down in the Order of the Ministry of Agriculture, Fisheries and Food of 25 February 1993 implementing the application and granting of the special premium to beef producers for the In 1993, and in the Order of the Ministry of Agriculture, Fisheries and Food of 27 May 1993, on the application and grant of aid to farmers who maintain suckler cows during the year 1993.

(b) In the event that the premiums referred to in the preceding paragraph have not been applied for, but have been subjected to sanitation, the marks defined in the Order of the Ministry of Agriculture, Fisheries and Food of 9 February 1990 laying down additional measures in the field of livestock sanitation.

(c) If the animals have not been marked as provided for in any of the preceding paragraphs, the holder or holder shall be obliged to identify them by means of a provisional mark allowing the identification of the animals individually. animal, with reference to the holding and to the province in which it is located and which must communicate, within 60 days of the entry into force of this Royal Decree, to the competent authority, in order to be recognised by the latter, in his case.

2. Animals of the porcine species which are or are to be identified and marked for reasons of animal health, in application of the specific rules which so require, shall be considered for the purposes of this Royal Decree, identified and marked.

Final disposition first. Faculty of development.

The Minister of Agriculture, Fisheries and Food is empowered to make, in the field of his powers, the necessary provisions for compliance with the provisions of this Royal Decree.

Final disposition second. Entry into force.

This Royal Decree will enter into force on the day following its publication in the Official Journal of the State.

Given in Madrid on 14 February 1994.

JOHN CARLOS R.

The Minister of Agriculture, Fisheries and Food,

VICENTE ALBERO CHAIR

ANNEX 1

Cattle Exploitation Register Book

Headline data

DNI/NIF or CIF name or social reason

Home

Phone Location

Province

Exploitation data

Name/

Operating number

Localization

Province Municipality

Name/

Operating number

Localization

Province Municipality

Opening sheets

Date Number of Exploitation Sheet Number Identification Number/Identification Number/Identification Number/Identification Number/Identification Number

Total number of animals ...

Signature of the holder,

Move sheets

Number of Exploitation Sheet Number

Date/Identification Number/High/Low/Cause/Source/Target/Balance

Incidence Sheets

Number of Exploitation Sheet Number

Date/Identification Number (old crotal)

Identification number (new crotal)

Remarks

INSTRUCTIONS

Date: The date you make the annotation.

Identification number: individual identification number of each bovine species listed in the crotal.

High/Low: This should be reported in each case as appropriate.

Cause: the specific one in the case of discharge: birth or purchase; and in the case of low: death, sale or sacrifice.

Origin/destination: to be completed only in the case of purchase, sale or slaughter, being sufficient to indicate the number of the holding of provenance, destination or slaughterhouse, as the case may be.

Balance: the sum of animals present in the holding with their sign (high or low) will be dragged so that the total number of animals present on the holding is clear at all times.

Opening of the book: The opening date of the book will be recorded on the opening date and the identification number of the animals present on the holding at that date.

Incident Sheet: to be used for the annotation of the crotal changes.

ANNEX 2

Porcine Cattle Exploitation Log Book

Headline data

DNI/NIF or CIF name or social reason

Home

Phone Location

Province

Exploitation data

Operating number

Localization

Province Municipality

Opening Sheet

Date:

Operating number:

(+) Number of players present on the farm:

Males:

(+ +) Number of bait animals present on the holding:

(+ +) To be completed as appropriate.

Move sheets

Livestock movement (to be used only by the holder farmer)

Date/Destination and provenance/Guide number or sanitary document/Item/Number of entries/Number entries or high/Number outputs or casualties

Write the name of the slaughterhouse or the official mark of the holding.

ANNEX 3

Comunidad Autónoma de Castilla y León:

Segovia SG

Soria OS

Valladolid VA

Zamora ZA

Ávila AV

BU Burgos

Leon LE

P Palence

Salamanca SA

Castilla-La Mancha Autonomous Community:

Albacete AB

Real City CR

CE Basin

Guadalajara GU

Toledo TO

Autonomous Community of Extremadura:

Badajoz BA

Caceres CC

Murcia Region:

Murcia MU

Valencia Community:

Alicante A

Castellon CS

Valencia V

Madrid Community:

Madrid M

Autonomous Community of Cantabria:

Cantabria S

Autonomous Community of Catalonia:

Barcelona B

Girona GI

Lleida L

Tarragona T

Autonomous Community of Galicia:

La Coruna C

LU Lugo

Pray OR

Pontevedra PO

Autonomous Community of the Basque Country:

Alava VI

Guipuzcoa SS

Vizcaya BI

Autonomous Community of Andalusia:

Almería AL

Cádiz CA

Cordoba CO

Granada GR

Huelva H

Jaen J

Malaga MA

Seville SE

Principality of Asturias:

Asturias O

Comunidad Autónoma de La Rioja:

La Rioja LO

Autonomous Community of Aragon:

Huesca HU

Teruel TE

Zaragoza Z

Autonomous Community of the Canary Islands:

Gran Canaria GC

Tenerife TF

Navarra Community of Navarre:

Navarra NA

Autonomous Community of the Balearic Islands:

Balearics PM