- Location
- Bury St Edmunds, Suffolk
It would appear that whilst the Government scraped through the latest Brexit votes yesterday and the course is set for March 2019, DEFRA continue with the integration of EU rulings, this one scheduled for implementation from November 2018 including a few peach quotes:
Changes from 1 November 2018
Maybe some involved with breed societies or breeding companies should take a look - especially the ability of DEFRA to penalise said Societies ?
Why We Are Consulting
New zootech rules come into force on 1 November 2018. These largely continue the existing approach for recognised breed societies (covering bovine, ovine, porcine, caprine, equine) but also introduce new requirements. These include: periodic checks on compliance by breed societies with the rules; penalties for non-compliance; checks on third country imports; and, the introduction of a new class of recognised 'breeding operation' for the hybrid pig breeding sector. This consultation is aimed at breed societies and key industry bodies. It seeks views in particular on the proposed approach to controls and derogations to some of the EU rules.
Consultation on implementation of the new Animal Breeding Regulation
© Crown copyright 2018
You may re-use this information (excluding logos) free of charge in any format or medium, under the terms of the Open Government Licence v.3. To view this licence visit www.nationalarchives.gov.uk/doc/open-government-licence/version/3/ or email [email protected]
Any enquiries regarding this publication from consultees in England should be sent to
[email protected]
www.gov.uk/defra
Contents
1. Introduction
2. Changes from 1 November 2018
New controls on breed societies
3. Penalties for non-compliance
Zootech certificates -including equine certificates
4. 'Breeding operations' in the hybrid pig breeding sector
Checks at ports of entry
Derogations
5. Questions
Next steps
Introduction
1. Animal breeding legislation has existed within the EU since the 1980s. Its purpose is to facilitate trade in pedigree breeding animals, hybrid breeding pigs and germinal products while protecting genetic diversity. Currently this activity is governed by separate EU regulations for each species covering cattle, pigs, sheep and goats, equines and their germinal products. In the UK these are implemented by the Zootechnical Standards (England) Regulations 2012 and equivalent regulations in Scotland, Wales and Northern Ireland.
2. The legislation provides for breed societies to be officially recognised by the competent authority (Defra in England and the devolved administrations in Scotland, Wales and Northern Ireland) and for their breeding programmes to be approved, provided that they meet certain criteria. Recognised breed societies must maintain a herd/flock (breeding) book into which pedigree animals are entered.
3. It is not a requirement for breed societies to seek official recognition, however recognition provides them with certain legal rights and obligations. The rules provide for e.g. an automatic right of entry into the equivalent herd/flock book of another breed society for the same breed in another EU member state provided that the animals (or germinal products) are accompanied by a valid zootech certificate. The certificate contains specific information in relation to the animal including: name of the issuing body, name of the herd or flock book, breed, sex, detail about ascendants, results of performance tests (where relevant). Similarly recognised breed societies must accept animals from a third country breed society which has been approved by the EU Commission to import breeding animals and germinal products into the EU. Even where they may not be trading, breed societies may prefer to be officially recognised if this supports them to maintain confidence in the integrity of their breed. More details are included in current Defra guidance .
4. A new single EU animal breeding (or zootech) regulation (Regulation (EU) 2016/1012) comes into effect on 1 November 2018. This simplifies the current range of vertical regulations by species into a single horizontal regulation . However, existing requirements covering, for example, recognition of breed societies and approval of breeding programmes and legal right of entry into equivalent herd books will continue. And there will be no requirement for breed societies that are already recognised to reapply for recognition. However there will also be a number of technical changes with which they will need to comply in order to maintain their recognition. This will involve adjustment to current practice and expectations. Breed societies that apply for official recognition from 1 November 2018 will also need to comply with the new rules in order to be eligible for recognition.
5. This consultation document explains the technical changes from 1 November 2018 and plans for implementing them. Defra and the Devolved Administrations in Scotland, Wales and Northern Ireland are jointly carrying out this UK wide consultation on plans. This will ensure a consistent approach across the UK. It would be helpful to receive views from breed societies and other interested stakeholders on the changes by 12 June 2018. Views must be provided by 11 July 2018.
Changes from 1 November 2018
6. While the current broad approach is maintained, to ensure the continuation of, and to limit disruption to current arrangements, it is necessary for new domestic regulations to be implemented in all four parts of the UK for 1 November 2018. Changes to the arrangements will include requirements for: new periodic controls on breed society activities to ensure compliance and consistent application of the rules; and, use of new rationalised cross species zootech certificates (or equine zootech certificates respectively) when animals and germinal products are traded between breed societies. There will also be a new option for a pig breeding company to be re-recognised as a ‘breeding operation’ (instead of a ‘breed society’), exempting them from some of the requirements of the new regulation. To ensure that the correct duty is applied to imports, additional documentary checks will also be needed at ports of entry to the UK, when breeding animals are imported from third countries.
New controls on breed societies
7. Routine and periodic controls on breed societies will be required from 1 November 2018. The aim is to support uniform application of the rules to address complaints about different interpretations.
8. A proportionate approach is proposed to these controls. The priority is to implement the controls in a way which balances the need for sufficient oversight while minimising additional burdens on breed societies. A system of predominantly paper-based checks is planned, at least initially. These will be carried out by the Animal Plant and Health Agency (APHA) in Great Britain and the Department for Agriculture, Environment and Rural Affairs (DAERA) in Northern Ireland. This will mainly involve the periodic issuing of a pro-forma (e.g. every two years) to recognised breed societies requesting relevant information to assure compliance with the EU rules. The pro forma will seek confirmation e.g., that the breed society is using the correct form of the new single rationalised zootech certificate; of the quality of its self-controls on breeders; that it is observing the rules on upgrading the classification of progeny to “purebred” via the female line, and; where relevant, that it is using accepted performance testing and genetic evaluation methods.
9. To support delivery of the new controls, where specific concerns are raised and/or where compliance is judged not to be sufficiently assured by a paper check, it may in some cases be necessary for inspectors to conduct further physical inspections. These inspection could take place on breed society premises, at the premises of individual breeders as well as at third party organisations carrying out activities on their behalf. In that event, breed societies and individual breeders respectively will need to permit APHA and DAERA staff access to their equipment, premises, computerised information management systems; breeding animals and germinal products and other documents and relevant information.
10. Recognised breed societies will need to provide access when requested. Refusal of access if it is requested by the competent authority could be sufficient grounds for removal of a breed society’s recognition.
Penalties for non-compliance
11. Going forward breed societies will be subject to penalties where non-compliance is established. The type of penalty will take account of the nature of the non-compliance and the society’s past compliance record. Penalties could include variously e.g., ordering postponement of entry in breeding books of breeding animals; prohibiting breeding animals or germinal products being used for breeding in line with the rules; suspension of the issuing of zootechnical certificates by the society, withdrawal of the approval of a breeding programme; or ultimately; withdrawal of the recognition of the breed society if that is deemed necessary. In addition, breed societies will need to continue to observe their wider duties under the law on e.g., fraud. Breed societies will also have a right of appeal to Defra, or the relevant devolved authority against any penalties applied. More detail on this will be set out in guidance to be published for implementation.
Zootech certificates – including equine certificates
12. From 1 November 2018 breed societies in the cattle, pig, sheep, goat and equine breeding sectors will need to use the new rationalised model cross species zootech certificate, in the relevant circumstances. These are contained in Commission Implementing Regulation (EU) 2017/717. In the equine breeding sector, where horses are subject to frequent movement, e.g. for international competition, separate EU animal health law requires a horse to be accompanied for its lifetime by a single lifetime identification document (or ‘horse passport’). By way of a derogation from its provisions the new EU rules are to be streamlined with this passport. The arrangements with which equine breed societies will need to comply as regards purebred equines are set out in Commission Delegated Regulation (EU) 2017/1940 .
‘Breeding operations’ in the hybrid pig breeding sector
13. In recognition of the fact that private undertakings in the hybrid pig breeding sector have closed production systems and manage their own breeding stock, the new EU regulation makes specific separate provision for this sector. It provides for recognition by the competent authority of such operations under a new class of ‘breeding operation’ as distinct from ‘breed society’. Breeding operations will still be subject to controls on their activities but a company recognised as a ‘breeding operation’ by the UK authorities will be exempt from some of the key provisions of the rules which apply to breed societies. In particular they will not need to allow automatic participation by breeders in their breeding programme, and breeders will have no automatic right of entry to register hybrid breeding pigs in ‘breeding registers’ (as opposed to ‘breeding books’) maintained by the relevant breeding operation.
Checks at ports of entry
14. From 1 November 2018 the UK authorities will need to carry out documentary checks on some imports of breeding animals from third countries, where none are currently required. Imports of breeding animals into the EU are subject to different rates of import duty compared with animals for human consumption. From 1 November 2018, documentary checks on paperwork accompanying third country imports of live animals will be needed at border inspection posts (BIPs). APHA staff are already located at BIPs for the purpose of veterinary checks. These new documentary checks will be carried out alongside existing animal health checks.
Derogations
15. The new EU regulation contains a number of flexibilities in the form of derogations from its provisions. Some of these roll over existing provisions, such as permitting the competent authority to refuse to approve a breeding programme that could compromise an existing breeding programme for the same species. Some derogations retain flexibility on which breed societies may rely directly such as e.g., an exemption to the requirements for performance testing in the case of breeding programmes aimed at the preservation of, or genetic diversity of, a breed. In a number of areas, the regulation specifically provides for member states to derogate from its provisions. Key among these are the following derogations. It is proposed that the UK adopts these derogations in forthcoming secondary legislation.
16. In the case of the collection of germinal products of purebred breeding animals the new regulation requires these to be collected, produced, processed and stored at semen/embryo collection points approved for intra-EU trade in accordance with EU animal health law. However where germinal products are only for use within the UK these may be carried out at locations approved in accordance with UK legislation.
17. The new regulation provides that breed societies may outsource technical activities such as performance testing to a third party, provided that the breed society remains responsible to the competent authority for ensuring compliance by the third party. The regulation also permits the competent authority to require its own authorisation of relevant third parties - a derogation also allows the UK to require that such third parties are directly responsible to the competent authority for compliance.
18. In the case of endangered breeds the regulation permits the UK to allow breed societies carrying out a breeding programme on purebred breeding animals of an endangered breed of the bovine, porcine, ovine or caprine species or of a ‘hardy’ sheep breed, to upgrade progeny of either sex from the supplementary to the main section of a breeding book.
Questions
19. Responses to this consultation are sought by 12 June 2018. Views must be provided by 11 July 2018. In responding it may help to focus on the following questions.
• What are your views on the approach to controls set out in this document?
• Do you have views on the proposed approach to the derogations described in paragraphs 15-18?
Next steps
20. To implement the new rules in the UK, separate secondary legislation will be laid later this year in England, Scotland, Wales and Northern Ireland. Amongst other things these domestic regulations will:
• establish the relevant competent authority in each territory;
• provide the necessary powers for the competent authority to carry out the new checks and apply penalties where necessary;
• allow hybrid pig companies to register as ‘breeding operations’ exempting them from some of the requirements of the EU rules and;
• where necessary set out the derogations to the rules that will apply in the UK.
21. Updated guidance for breed societies on the requirements of the new EU Regulation will be published for November 2018.
22. Additionally, secondary legislation under the EU Withdrawal Bill will be laid in due course to retain the EU zootech regime in UK law on EU exit. Breed societies can expect an additional consultation about this in the coming months.
https://consult.defra.gov.uk/farming/a1e0b907/
Changes from 1 November 2018
- While the current broad approach is maintained, to ensure the continuation of, and to limit disruption to current arrangements, it is necessary for new domestic regulations to be implemented in all four parts of the UK for 1 November 2018. Changes to the arrangements will include requirements for: new periodic controls on breed society activities to ensure compliance and consistent application of the rules; and, use of new rationalised cross species zootech certificates (or equine zootech certificates respectively) when animals and germinal products are traded between breed societies. There will also be a new option for a pig breeding company to be re-recognised as a ‘breeding operation’ (instead of a ‘breed society’), exempting them from some of the requirements of the new regulation. To ensure that the correct duty is applied to imports, additional documentary checks will also be needed at ports of entry to the UK, when breeding animals are imported from third countries
- 8. A proportionate approach is proposed to these controls. The priority is to implement the controls in a way which balances the need for sufficient oversight while minimising additional burdens on breed societies. A system of predominantly paper-based checks is planned, at least initially. These will be carried out by the Animal Plant and Health Agency (APHA) in Great Britain and the Department for Agriculture, Environment and Rural Affairs (DAERA) in Northern Ireland. This will mainly involve the periodic issuing of a pro-forma (e.g. every two years) to recognised breed societies requesting relevant information to assure compliance with the EU rules. The pro forma will seek confirmation e.g., that the breed society is using the correct form of the new single rationalised zootech certificate; of the quality of its self-controls on breeders; that it is observing the rules on upgrading the classification of progeny to “purebred” via the female line, and; where relevant, that it is using accepted performance testing and genetic evaluation methods.
Maybe some involved with breed societies or breeding companies should take a look - especially the ability of DEFRA to penalise said Societies ?
Why We Are Consulting
New zootech rules come into force on 1 November 2018. These largely continue the existing approach for recognised breed societies (covering bovine, ovine, porcine, caprine, equine) but also introduce new requirements. These include: periodic checks on compliance by breed societies with the rules; penalties for non-compliance; checks on third country imports; and, the introduction of a new class of recognised 'breeding operation' for the hybrid pig breeding sector. This consultation is aimed at breed societies and key industry bodies. It seeks views in particular on the proposed approach to controls and derogations to some of the EU rules.
Consultation on implementation of the new Animal Breeding Regulation
© Crown copyright 2018
You may re-use this information (excluding logos) free of charge in any format or medium, under the terms of the Open Government Licence v.3. To view this licence visit www.nationalarchives.gov.uk/doc/open-government-licence/version/3/ or email [email protected]
Any enquiries regarding this publication from consultees in England should be sent to
[email protected]
www.gov.uk/defra
Contents
1. Introduction
2. Changes from 1 November 2018
New controls on breed societies
3. Penalties for non-compliance
Zootech certificates -including equine certificates
4. 'Breeding operations' in the hybrid pig breeding sector
Checks at ports of entry
Derogations
5. Questions
Next steps
Introduction
1. Animal breeding legislation has existed within the EU since the 1980s. Its purpose is to facilitate trade in pedigree breeding animals, hybrid breeding pigs and germinal products while protecting genetic diversity. Currently this activity is governed by separate EU regulations for each species covering cattle, pigs, sheep and goats, equines and their germinal products. In the UK these are implemented by the Zootechnical Standards (England) Regulations 2012 and equivalent regulations in Scotland, Wales and Northern Ireland.
2. The legislation provides for breed societies to be officially recognised by the competent authority (Defra in England and the devolved administrations in Scotland, Wales and Northern Ireland) and for their breeding programmes to be approved, provided that they meet certain criteria. Recognised breed societies must maintain a herd/flock (breeding) book into which pedigree animals are entered.
3. It is not a requirement for breed societies to seek official recognition, however recognition provides them with certain legal rights and obligations. The rules provide for e.g. an automatic right of entry into the equivalent herd/flock book of another breed society for the same breed in another EU member state provided that the animals (or germinal products) are accompanied by a valid zootech certificate. The certificate contains specific information in relation to the animal including: name of the issuing body, name of the herd or flock book, breed, sex, detail about ascendants, results of performance tests (where relevant). Similarly recognised breed societies must accept animals from a third country breed society which has been approved by the EU Commission to import breeding animals and germinal products into the EU. Even where they may not be trading, breed societies may prefer to be officially recognised if this supports them to maintain confidence in the integrity of their breed. More details are included in current Defra guidance .
4. A new single EU animal breeding (or zootech) regulation (Regulation (EU) 2016/1012) comes into effect on 1 November 2018. This simplifies the current range of vertical regulations by species into a single horizontal regulation . However, existing requirements covering, for example, recognition of breed societies and approval of breeding programmes and legal right of entry into equivalent herd books will continue. And there will be no requirement for breed societies that are already recognised to reapply for recognition. However there will also be a number of technical changes with which they will need to comply in order to maintain their recognition. This will involve adjustment to current practice and expectations. Breed societies that apply for official recognition from 1 November 2018 will also need to comply with the new rules in order to be eligible for recognition.
5. This consultation document explains the technical changes from 1 November 2018 and plans for implementing them. Defra and the Devolved Administrations in Scotland, Wales and Northern Ireland are jointly carrying out this UK wide consultation on plans. This will ensure a consistent approach across the UK. It would be helpful to receive views from breed societies and other interested stakeholders on the changes by 12 June 2018. Views must be provided by 11 July 2018.
Changes from 1 November 2018
6. While the current broad approach is maintained, to ensure the continuation of, and to limit disruption to current arrangements, it is necessary for new domestic regulations to be implemented in all four parts of the UK for 1 November 2018. Changes to the arrangements will include requirements for: new periodic controls on breed society activities to ensure compliance and consistent application of the rules; and, use of new rationalised cross species zootech certificates (or equine zootech certificates respectively) when animals and germinal products are traded between breed societies. There will also be a new option for a pig breeding company to be re-recognised as a ‘breeding operation’ (instead of a ‘breed society’), exempting them from some of the requirements of the new regulation. To ensure that the correct duty is applied to imports, additional documentary checks will also be needed at ports of entry to the UK, when breeding animals are imported from third countries.
New controls on breed societies
7. Routine and periodic controls on breed societies will be required from 1 November 2018. The aim is to support uniform application of the rules to address complaints about different interpretations.
8. A proportionate approach is proposed to these controls. The priority is to implement the controls in a way which balances the need for sufficient oversight while minimising additional burdens on breed societies. A system of predominantly paper-based checks is planned, at least initially. These will be carried out by the Animal Plant and Health Agency (APHA) in Great Britain and the Department for Agriculture, Environment and Rural Affairs (DAERA) in Northern Ireland. This will mainly involve the periodic issuing of a pro-forma (e.g. every two years) to recognised breed societies requesting relevant information to assure compliance with the EU rules. The pro forma will seek confirmation e.g., that the breed society is using the correct form of the new single rationalised zootech certificate; of the quality of its self-controls on breeders; that it is observing the rules on upgrading the classification of progeny to “purebred” via the female line, and; where relevant, that it is using accepted performance testing and genetic evaluation methods.
9. To support delivery of the new controls, where specific concerns are raised and/or where compliance is judged not to be sufficiently assured by a paper check, it may in some cases be necessary for inspectors to conduct further physical inspections. These inspection could take place on breed society premises, at the premises of individual breeders as well as at third party organisations carrying out activities on their behalf. In that event, breed societies and individual breeders respectively will need to permit APHA and DAERA staff access to their equipment, premises, computerised information management systems; breeding animals and germinal products and other documents and relevant information.
10. Recognised breed societies will need to provide access when requested. Refusal of access if it is requested by the competent authority could be sufficient grounds for removal of a breed society’s recognition.
Penalties for non-compliance
11. Going forward breed societies will be subject to penalties where non-compliance is established. The type of penalty will take account of the nature of the non-compliance and the society’s past compliance record. Penalties could include variously e.g., ordering postponement of entry in breeding books of breeding animals; prohibiting breeding animals or germinal products being used for breeding in line with the rules; suspension of the issuing of zootechnical certificates by the society, withdrawal of the approval of a breeding programme; or ultimately; withdrawal of the recognition of the breed society if that is deemed necessary. In addition, breed societies will need to continue to observe their wider duties under the law on e.g., fraud. Breed societies will also have a right of appeal to Defra, or the relevant devolved authority against any penalties applied. More detail on this will be set out in guidance to be published for implementation.
Zootech certificates – including equine certificates
12. From 1 November 2018 breed societies in the cattle, pig, sheep, goat and equine breeding sectors will need to use the new rationalised model cross species zootech certificate, in the relevant circumstances. These are contained in Commission Implementing Regulation (EU) 2017/717. In the equine breeding sector, where horses are subject to frequent movement, e.g. for international competition, separate EU animal health law requires a horse to be accompanied for its lifetime by a single lifetime identification document (or ‘horse passport’). By way of a derogation from its provisions the new EU rules are to be streamlined with this passport. The arrangements with which equine breed societies will need to comply as regards purebred equines are set out in Commission Delegated Regulation (EU) 2017/1940 .
‘Breeding operations’ in the hybrid pig breeding sector
13. In recognition of the fact that private undertakings in the hybrid pig breeding sector have closed production systems and manage their own breeding stock, the new EU regulation makes specific separate provision for this sector. It provides for recognition by the competent authority of such operations under a new class of ‘breeding operation’ as distinct from ‘breed society’. Breeding operations will still be subject to controls on their activities but a company recognised as a ‘breeding operation’ by the UK authorities will be exempt from some of the key provisions of the rules which apply to breed societies. In particular they will not need to allow automatic participation by breeders in their breeding programme, and breeders will have no automatic right of entry to register hybrid breeding pigs in ‘breeding registers’ (as opposed to ‘breeding books’) maintained by the relevant breeding operation.
Checks at ports of entry
14. From 1 November 2018 the UK authorities will need to carry out documentary checks on some imports of breeding animals from third countries, where none are currently required. Imports of breeding animals into the EU are subject to different rates of import duty compared with animals for human consumption. From 1 November 2018, documentary checks on paperwork accompanying third country imports of live animals will be needed at border inspection posts (BIPs). APHA staff are already located at BIPs for the purpose of veterinary checks. These new documentary checks will be carried out alongside existing animal health checks.
Derogations
15. The new EU regulation contains a number of flexibilities in the form of derogations from its provisions. Some of these roll over existing provisions, such as permitting the competent authority to refuse to approve a breeding programme that could compromise an existing breeding programme for the same species. Some derogations retain flexibility on which breed societies may rely directly such as e.g., an exemption to the requirements for performance testing in the case of breeding programmes aimed at the preservation of, or genetic diversity of, a breed. In a number of areas, the regulation specifically provides for member states to derogate from its provisions. Key among these are the following derogations. It is proposed that the UK adopts these derogations in forthcoming secondary legislation.
16. In the case of the collection of germinal products of purebred breeding animals the new regulation requires these to be collected, produced, processed and stored at semen/embryo collection points approved for intra-EU trade in accordance with EU animal health law. However where germinal products are only for use within the UK these may be carried out at locations approved in accordance with UK legislation.
17. The new regulation provides that breed societies may outsource technical activities such as performance testing to a third party, provided that the breed society remains responsible to the competent authority for ensuring compliance by the third party. The regulation also permits the competent authority to require its own authorisation of relevant third parties - a derogation also allows the UK to require that such third parties are directly responsible to the competent authority for compliance.
18. In the case of endangered breeds the regulation permits the UK to allow breed societies carrying out a breeding programme on purebred breeding animals of an endangered breed of the bovine, porcine, ovine or caprine species or of a ‘hardy’ sheep breed, to upgrade progeny of either sex from the supplementary to the main section of a breeding book.
Questions
19. Responses to this consultation are sought by 12 June 2018. Views must be provided by 11 July 2018. In responding it may help to focus on the following questions.
• What are your views on the approach to controls set out in this document?
• Do you have views on the proposed approach to the derogations described in paragraphs 15-18?
Next steps
20. To implement the new rules in the UK, separate secondary legislation will be laid later this year in England, Scotland, Wales and Northern Ireland. Amongst other things these domestic regulations will:
• establish the relevant competent authority in each territory;
• provide the necessary powers for the competent authority to carry out the new checks and apply penalties where necessary;
• allow hybrid pig companies to register as ‘breeding operations’ exempting them from some of the requirements of the EU rules and;
• where necessary set out the derogations to the rules that will apply in the UK.
21. Updated guidance for breed societies on the requirements of the new EU Regulation will be published for November 2018.
22. Additionally, secondary legislation under the EU Withdrawal Bill will be laid in due course to retain the EU zootech regime in UK law on EU exit. Breed societies can expect an additional consultation about this in the coming months.
https://consult.defra.gov.uk/farming/a1e0b907/
