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By Royal Decree 1515/2009 of 2 October establishing a system for the identification and registration of animals of the equine species, the framework for the application in Spain of Regulation (EC) No 1515/2009 has been established. Commission Regulation (EC) No 504/2008 of 6 June 2008 implementing Directives 90 /426/EEC and 90 /427/EEC as regards the methods of identification of equidae for the purpose of ensuring uniform, clear and transparent application of the Community legislation on such matters in the Member States. That Community Regulation repeals Commission Decision 93 /623/EEC of 20 October 1993 laying down the identification document (passport) to accompany registered equidae and Commission Decision 2000 /68/EC, of 22 December 1999 amending Decision 93 /623/EEC and regulating the identification of equidae for breeding and income.

Within this framework, it is necessary to make modifications to the contents of Royal Decree 1515/2009, of October 2, in order to harmonize the control and registration actions with the existing ones for other species, allow more effective application of the standard. In particular Articles 8, 13, 17, 23, 25 and Annex IV are amended.

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 the process of this standard, the autonomous communities and representative entities of the sectors concerned have been consulted.

Under the proposal of the Minister for the Environment, the Rural and Marine Environment, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 18 November 2011,

DISPONGO:

Single article. Amendment of Royal Decree 1515/2009 of 2 October establishing a system for the identification and registration of animals of the equine species.

Royal Decree 1515/2009 of 2 October establishing a system for the identification and registration of animals of the equine species is hereby amended as follows:

One. Article 8 is replaced by the following:

" Article 8. Applications for identification of equidae.

1. For the purpose of obtaining the equine identification document and the completion of Section III of the DIE, it shall be considered to be the holder of the equine animal, irrespective of the legal title it holds on the equine animal.

2. The holder shall submit to the issuing entity the appropriate duly completed request, which shall contain all the data necessary for the issuing institution to fill in the DIE and record the equid, once identified, in the databases provided for in Article 17 of this royal decree.

3. The operator shall submit the application to the issuing institution taking into account the normal time limit for the completion of the identification and the time limit for identifying the animals set out in Article 7 of this Regulation. decree.

4. Where the equid changes to the holder, the new holder shall ensure that Section III of the EIP is completed by immediately submitting it to the issuing entity in the form that it determines.

5. However, in the case of equidae for breeding and income, the competent authorities of the autonomous communities or, where appropriate, the bodies which they have designated as the DIE for equidae for breeding and income, may be authorised (a) to enable the communication to be made to the competent authority or issuing authority for equidae for breeding and for the income of the autonomous community in which the equid is to reside. In this case, the competent authority or issuing entity receiving the notification shall take the action of section III of the DIE and communicate the relevant data to the issuing entity. "

Two. In Article 13, paragraphs 1, 3, 4, 5, 6 and 7 are replaced by the following, with a new paragraph 8 being added:

" Article 13. Mandatory identification method.

1. The issuing entity shall ensure that, at the time of the first issue of the equine identification document, any equine animal identified in Spain is actively marked with the implantation of an electronic transponder for injection.

3. The electronic marking of equidae may not be carried out without prior assurance, in accordance with the measures referred to in Article 16, that the animals do not have a previous active marking.

Performed the above check, the transponder will be implanted by parenteral route in aseptic conditions in the upper third of the left side of the neck, between the neck and the cross in the area of the nucal ligament. It shall comply with the technical characteristics specified in Annex II.

4. After the marking of the animal, the contributor or agent of the issuing entity requesting the issuance of the DIE shall continue the identification procedure in accordance with the protocol established by the DIE. If you act at the request of the holder and not as a contributor to the issuing entity, you may follow the protocol established by it or you will extend a certificate with the following minimum content:

a) Statement that an earlier active electronic marking has not been detected in the animal.

b) Microchip code implanted.

(c) Data of the animal, collecting all the information contained in Section I of the Annex to Commission Regulation (EC) 504/2008 of 6 June 2008, except for Part A, point 4, the allocation and inclusion of which are included in the DIE corresponds to the issuing entity. In point 8 of Part A, the complete data of the applicant for the marking of the animal shall be included. In accordance with the derogation provided for in Article 6 of Regulation (EC) No 504/2008, and without prejudice to the rules for the identification of equidae established by the issuing entities, a photograph or an image containing the same may be used sufficient details to identify the equine animal, in place of the information referred to in point 3 (b) to (h) of Part A, point 3 and points 12 to 18 of the scheme in Part B of Section I.

d) Signature and seal.

The certificate will be extended in triplicate. The original will be delivered to the applicant of the document, which in turn will deliver to the issuing entity at the time of requesting the issuance of the DIE; a copy will be forwarded to the competent authority of the autonomous community in which it has made the marking, within the time and form set out therein; and the person who carried out the transponder shall keep the third copy for a minimum period of 1 year.

5. The codes for transponders of equidae identified in Spain shall contain the information of species, country and autonomous community in which the holding in which the animal is identified is based, in accordance with the provisions of Annexes II and III of Royal Decree 947/2005 of 29 July 2005 establishing a system for the identification and registration of ovine and caprine animals. These Annexes shall be fully applicable to the identification of equine animals.

6. The guarantee of the unique codes of equine animals identified in Spain shall be made by the inclusion of all the codes of transponders used in the national database of animal electronic identification codes. established in Article 14 of Royal Decree 947/2005 of 29 July 2005. Article 15 of that royal decree shall be fully applicable to the identification of equine animals, with the exception of the time limit laid down in paragraph 6 for the maintenance of the information in the database, which shall be 35 years for the codes allocated for the identification of equidae.

7. The competent authorities of the Autonomous Communities or Cities of Ceuta and Melilla shall assign the codes for the identification of equidae to be carried out on holdings located on their territory.

The issuing agencies with social reason in another country that identify animals born in Spain will request the assignment of codes through the point of contact established in article 18.3 of this royal decree.

8. In relation to the identification method used, the issuing entity shall enter the following information in the DIE, taking into account the data provided in accordance with paragraph 4 by the veterinarian who has made the marking electronic:

(a) In section I, part A, point 5, the twenty-three digits (the complete sequence) of the code transmitted by the transponder and shown by the reader after the implantation of the code and, if appropriate, an adhesive label with a barcode or a reproduction of this code in which the twenty-three digits of the code transmitted by the transponder are listed.

(b) In Section I, Part A, point 11, the signature and stamp of the person referred to in paragraph 1 that has made the identification and implanted the transponder.

(c) In point 13 of the scheme set out in Section I, Part B, the place of implantation of the transponder in the equine animal. '

Three. Article 17 (2), (4) and (5) shall be replaced by the following, in addition to a new paragraph 6:

" 2. The issuing entity shall keep in its registered and up-to-date database the information referred to in paragraph 1 for a minimum of thirty-five years or, at least, up to two years after the date of the death of the equine animal, compliance with Article 25.

4. Immediately after recording the information referred to in paragraph 1, the issuing entities shall communicate to the records of the competent authorities, in the manner in which they are determined, the data of the equidae which they have identified in their respective territories. In the case of DIE-issuing entities for registered equidae of a national nature, the competent authorities may determine that such communication is carried out through the General Register of Individual Identification set up under point 3.

5. For the purposes of coordination, the records of the competent authorities shall be computerised and their management system shall allow the records of animals to be carried out to be immediately reflected in the RIIA.

6. The issuing bodies with a social reason in another country identifying animals born in Spain shall communicate the information referred to in point 1 to the national contact point set out in Article 18.3 of this royal decree. '

Four. Article 23 (1) is replaced by the following:

" 1. Without prejudice to Article 17 of Commission Regulation (EC) No 504/2008 of 6 June 2008, where an equine animal does not have an identification document and for its age, it has exceeded the time limit laid down for its mandatory identification, or where the DIE has been lost or damaged in such a way that the identity of the animal, the entity issuing DIE for equidae for breeding and the income of the autonomous community in which it is located cannot be determined with certainty. the animal, shall identify it in accordance with the method laid down in Article 13, by issuing a document replacement equine identification, which shall be clearly identified as such and shall comply with the requirements of Article 5.1.b of that Regulation. In such cases, the animal shall be definitively marked in Section IX, Part II of the replacement DIE as not intended for slaughter for human consumption. '

Five. Article 25 is replaced by the following:

" Article 25. Death and slaughter of equidae.

1. Where the derogation provided for in Article 21 is applicable, except where the derogation provided for in Article 21 applies, the equidae for slaughter shall be accompanied by their equine identification document, referred to in the Article 5 or in his case Articles 9 and 10 of this royal decree. This document will be part of the information provided for in Royal Decree 361/2009 of 20 March 2009 regulating information on the food chain which should accompany animals destined for slaughter.

Before admission for slaughter, and without prejudice to animal welfare considerations referred to in Annex I, Section II, Chapter III.2 of Regulation (EC) No 854/2004 of the European Parliament and of the European Parliament and of the Council by the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption, the operator of the slaughterhouse, as provided for in the Article 5 of Royal Decree 361/2009, of 20 March will carry out the following actions:

a) Will check the identity of each animal, using the appropriate reading means.

(b) Check the information contained in section IX of the DIE with regard to the suitability of each animal for human consumption.

These actions will be verified by the official veterinarian in accordance with the functions assigned to it in Article 7 of the Royal Decree 361/2009 of 20 March 2009.

2. In accordance with Article 19 of Commission Regulation (EC) No 504/2008 of 6 June 2008, where slaughter or killing of an equine animal occurs, the following measures shall be taken:

a) A subsequent fraudulent use of the transponder shall be avoided by recovery, destruction or removal on site.

(b) The equine identification document shall be invalidated at least by stamping the words "not valid" on the first page.

(c) A certificate shall be sent to the issuing entity either directly in the case of the animals identified in Spain or through the contact point of the Member State in which the identification document was issued. equine, referring to the unique permanent number of the equine animal and indicating that the animal has been slaughtered, killed or killed and the date of such an event.

d) The invalidated identification document will be destroyed.

3. The measures provided for in paragraph 2 shall be carried out or supervised, as appropriate:

(a) The official veterinarian in case of slaughter or death as a result of disease control, or after the slaughter of the animal in accordance with Articles 4 and 6.3 of Royal Decree 1347/1992 of 6 November.

(b) The competent authority as defined in Article 2 of Royal Decree 1429/2003 of 21 November on the conditions for the application of Community legislation on by-products of animal origin intended for human consumption, in the case of the elimination or transformation of the equine animal carcass.

4. Where the transponder is unable to recover from an equine animal slaughtered for human consumption, the official veterinarian shall declare the meat or part of the meat or piece containing the transponder as unfit for human consumption, in accordance with Article 1 (2) of Regulation (EC) No as laid down in Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004.

5. By way of derogation from paragraph 2 (d), and without prejudice to the rules printed in the equine identification document by the issuing entity, the competent authorities may return the invalidated document to the issuing entity.

6. Pursuant to Article 19 of Commission Regulation (EC) No 504/2008 of 6 June 2008, in the rest of the cases of death or loss of the equine animal, not referred to in this Article, the holder shall return the equine identification document. to the appropriate issuing entity within thirty calendar days after the event. '

Six. Annex IV is replaced by the following.

" ANNEX IV

Minimum animal database data

() All modifications to the data contained in this Annex shall be entered in their category for the purpose of keeping it up to date, in accordance with Article 17 of this Royal decree.

1) Single permanent number (UELN).

2) Species.

3) Sex.

4) Race.

5) Layer.

6) Country of birth.

7) Identification exploitation code.

8) Date of birth.

9) Type of animal identification.

10) Electronic identification code or, if applicable, alternative method code.

11) The means of identification of the means of identification.

12) Animal orientation.

13) Name of birth of the animal and, if applicable, trade name.

14) Attitude for human consumption.

15) Duplicate document/replacement document.

16) Date of death.

17) Date of issuance of the identification document.

18) Name and address of the holder and, in the case of change, of the new holder or later in accordance with Article 8 of this royal decree. "

Single end disposition. Entry into effect.

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

Given in Madrid, on November 18, 2011.

JOHN CARLOS R.

The Minister for the Environment, and the Rural and Marine Environment,

ROSA AGUILAR RIVERO