Bovine Tuberculosis (Attestation of the State and General Provisions) Order, 1999

• Jurisdiction: Ireland

I, JOE WALSH, Minister for Agriculture and Food, in exercise of the powers conferred on me by sections 3 , 13 , 14 , 19 , 20 , 27 and 48 of the Diseases of Animals Act, 1966 (No. 6 of 1966), as adapted by the Agriculture, Food and Forestry (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 302 of 1997 ), hereby order as follows:

1. (1) This Order may be cited as the Bovine Tuberculosis (Attestation of the State and General Provisions) Order, 1999.

(2) This Order shall come into operation on 13 September, 1999.

2. (1) In this Order—

“the 1991 Order” means the Brucellosis in Cattle (General Provisions) Order, 1991 ( S.I. No. 114 of 1991 );

“the 1996 Order” means the Bovine Tuberculosis (Attestation of the State and General Provisions) Order, 1996 ( S.I. No. 103 of 1996 );

“the 1999 Regulations” means the European Communities (Identification and Registration of Bovine Animals) Regulations, 1999 ( S.I. No. 276 of 1999 );

“the Act” means the Diseases of Animals Act, 1966 (No. 6 of 1966);

“authorised person” means an authorised person within the meaning of the Act, including any person authorised to exercise the powers of an authorised person under section 25, paragraph (3), of the Act;

“the Commission Regulation” means Commission Regulation (EC) No. 2194/98(1) of 12 October, 1998;

“the Council Regulation” means Council Regulation (EC) No. 820/97(2) of 21 April, 1997;

“country code” means the code relating to the country concerned as set out in the Annex to Commission Regulation (EC) No. 2629/97(3) of 29 December, 1997;

“county code” means the code relating to the county concerned as specified in the First Schedule;

“designator” means the designator issued to a keeper pursuant to Article 3 of this Order which together with the county code makes it possible to identify the holding on which the animal is born;

“ear-tags” means ear-tags used for the purposes of identifying animals as prescribed in this Order unless the contrary intention appears;

“keeper” means any natural or legal person responsible for animals whether on a permanent or temporary basis, including during transportation or at a market;

“Member State” means a Member State of the European Communities;

“the Principal Order” means the Bovine Tuberculosis (Attestation of the State and General Provisions) Order, 1989 ( S.I. No. 308 of 1989 );

“third country” means a country which is not a member of the European Communities.

(2) The Minister for the purposes of this Order shall be the Minister for Agriculture and Food.

(3) In this Order, any reference to a Schedule is to a Schedule to this Order, unless a reference to some other Schedule is intended.

(4) This Order shall be construed as one with the 1996 Order and the Principal Order.

3. The Minister may issue or cause to be issued a designator to a keeper.

4. (1) The Minister may issue ear-tags or cause them to be issued to keepers for the purposes of identifying animals in accordance with this Order.

(2) Ear-tags referred to in paragraph (1) above shall be in the format of the specimen ear-tags set out in the Second Schedule and shall bear—

(a) the country code “IE”;

(b) the county code;

(c) the designator;

(d) an individual number approved by the Minister for the purposes of this Order and allotted to an animal by the keeper identifying the animal under this Order;

(e) the logo in the format set out in the Third Schedule; and

(f) a bar-code.

(3) A person attaching ear-tags to an animal under this Order shall ensure that they—

(a) are attached to the left and right ears of the animal in accordance with the requirements of the Second Schedule, and

(b) bear the same country code, county code, designator, individual number, logo and bar-code referred to in paragraph (2) above.

5. Any requirement in the Principal Order or in the 1991 Order to possess or produce, or for an animal to be accompanied by, an identity card completed in the appropriate manner shall, in the case of an animal which has been, or is required to be, identified under Article 7, 8 or 12 of this Order, or Article 4 of the Council Regulation in the case of an animal imported from another Member State, be construed as a like requirement on a keeper in relation to a passport issued under the 1999 Regulations which relates to the animal concerned.

6. A keeper on whose holding an animal is born shall ensure—

(a) that the ear-tags are attached to the animal in the manner prescribed in Article 4, paragraph (3), of this Order, before it leaves the holding on which it was born and in any event

(i) within 30 days of the birth of an animal born on or before the thirty first day of December 1999, or

(ii) within 20 days of the birth of an animal born on or after the first day of January 2000;

(b) that an appropriate quantity of ear-tags is maintained by him for the purpose of complying with this Order.

7. A keeper on whose holding an animal is born or a person acting on behalf of that keeper shall identify the animal concerned by attaching ear-tags to its left and right ears in accordance with the requirements of Article 6, paragraph (a), of this Order.

8. A keeper on whose holding an animal is born or a person acting on behalf of that keeper shall, in respect of an animal which was born before the coming into operation of this Order, and which has not been previously identified by the attachment of an approved ear-tag within the meaning of the Principal Order or ear-tags under the provisions of the 1996 Order or under the Council Regulation, identify the animal concerned by means of ear-tags attached to its left and right ears before it leaves the holding on which it was born and in any event within 30 days of the date of the coming into operation of this Order.

9. The provisions of Article 6, paragraphs (1) and (2), of the 1996 Order shall not apply in the case of an animal identified or required to be identified in accordance with...