European Communities (Equine Stud-Book and Competition) Regulations, 2004

• Jurisdiction: Ireland
• Citation: IR SI 399/2004
• Year: 2004

I, Joe Walsh, Minister for Agriculture and Food, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Council Directive No. 90/427/EEC of 26 June 19901 , Council Directive No. 90/428/EEC of 26 June 19902 , Commission Decision 92/216/EEC of 26 March 19923 , Commission Decision No. 92/353/EEC of 11 June 19924 , Commission Decision No. 92/354/EEC of 11 June 19925 and effect to Commission Decision No. 93/623/EEC of 20 October 19936 , Commission Decision No. 96/78/EC of 10 January 19967 , Commission Decision No. 96/79/EC of 12 January 19968 and Commission Decision No. 2000/68/EC of 22 December 19999 , hereby make the following Regulations —
	Citation and commencement	1. (1) These Regulations may be cited as the European Communities (Equine Stud-Book and Competition) Regulations 2004.
(2) Subject to paragraph (3) these Regulations come into operation on 4 October 2004.
(3) Regulation 6(2) comes into operation on 1 July 2004 and Regulation 6(3) comes into operation on 1 January 2005.
	Interpretation	2. (1) In these Regulations—
“approved body” means
( a ) in relation to an association or organisation which has its head office located within the State, a body approved by the Minister under Regulation 3,
( b ) in relation to an association or organisation which has its head office located in another Member State, a body approved by the competent authority of that Member State, or
( c ) in relation to an association or organisation which has its head office located within the State, a body approved by the Minister under Regulation 7;
“authorised officer” means a person appointed by the Minister under Regulation 12 or Regulation 16(1);
“Council Directives and Decisions” means Directive 90/427 and Directive 90/428 and Decision 92/216, Decision 92/353, Decision 92/354, Decision 93/623 and Decision 2000/68;
“Directive 90/426” means Council Directive No. 90/426/EEC of 26 June 199010 ;
“Directive 90/427” means Council Directive No. 90/427/EEC of 26 June 1990;
“Directive 90/428” means Council Directive No. 90/428/EEC of 26 June 1990;
“Decision 92/216” means Commission Decision No. 92/216/EEC of 26 March 1992;
“Decision 92/353” means Commission Decision No. 92/353/EEC of 11 June 1992;
“Decision 92/354” means Commission Decision No. 92/354/EEC of 11 June 1992;
“Decision 93/623” means Commission Decision No. 93/623/EC of 20 October 1993;
“Decision 96/78” means Commission Decision No. 96/78/EC of 10 January 1996;
“Decision 96/79” means Commission Decision No. 96/79/EC of 12 January 1996;
“Decision 2000/68” means Commission Decision No. 2000/68/EC of 22 December 1999;
“exemption” means an exemption granted by the Minister under Regulation 9;
“horse” means equidae as defined by Directive 90/426 and Directive 90/427;
“identification document” means an identification document referred to in Article 8 of Directive 90/427, which has been issued for a horse by an approved body;
“keeper” means a person who is not the owner of a horse but is appointed by the owner to have charge of that horse;
“market” includes to offer for sale, lease, supply or hire and cognate words shall be construed accordingly;
“Member State” means a Member State of the European Communities;
“Minister” means the Minister for Agriculture and Food;
“move” means any movement out of a holding or other place, including movement between premises, entering competitions, for the purpose of breeding, being sold or being presented for slaughter;
“Regulation 2377/90” means Council Regulation (EEC) No. 2377/90 of 26 June 199011 ;
“stud-book” means, a book, register, file or data medium in which horses are entered or registered with mention of all their known ancestors;
“veterinary surgeon” means a person registered under the Veterinary Surgeons Act 1931 (No. 36 of 1931).
(2) A word or expression that is used in these Regulations and is also used in the Council Directives and Decisions has, unless the contrary intention appears, the meaning in these Regulations that it has in the Council Directive or Decision in which it occurs.
(3) ( a ) In these Regulations a reference to a Regulation is to a Regulation of these Regulations, unless it is indicated that reference to some other Regulations is intended.
( b ) In these Regulations a reference to a paragraph or subparagraph is to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.
	Approval of bodies for the purposes of maintaining stud-books	3. (1) The Minister may grant an approval to a person or to an international association or organisation for the purposes of maintaining a stud-book subject to the provisions of paragraph (2).
(2) The Minister may refuse to grant an approval if—
( a ) he or she is satisfied that the provisions of the Council Directives and Decisions will not be complied with,
( b ) he or she considers that the granting of approval would endanger the preservation of the breed or jeopardise the improvement or selection programme of one or more organisations or associations already approved, or
( c ) horses, of the breed to be entered or registered in the stud-book for which approval is sought, may be entered or registered in a section of a stud-book which is—
(i) maintained by a person or an international organisation or association already approved, and
(ii) operated in conformity with point 3 (b) of the Annex to Decision 92/353.
(3) An application for approval shall be—
( a ) submitted in writing by the applicant to the Minister,
( b ) legible and shall state the name and address of the applicant,
( c ) accompanied by a fee determined in accordance with Regulation 13.
(4) The Minister may, upon receipt of an application for approval, require such information from the applicant as he or she considers necessary to ensure that the provisions of the Council Directives and Decisions will be complied with.
(5) A person who in making an application for approval shall not wilfully make a false or misleading statement.
(6) An approval shall be valid for such period as the Minister may determine.
(7) The Minister may attach conditions to an approval at the time it is granted or subsequently and he or she may amend or revoke a condition attached to the approval and shall notify the holder of, or applicant for the approval, in writing of the conditions, amendment or revocation in relation to that approval.
(8) The Minister may, if he or she is satisfied that the relevant provisions of the Council Directives and Decisions are not being or will not be complied with, refuse an approval applied for or revoke an approval granted and shall notify the holder of, or applicant for an approval, in writing of the refusal or revocation.
(9) The Minister shall not—
( a ) revoke an approval, or
( b ) refuse an application for approval,
without -
(i) notifying the holder of, or applicant for, the approval of his or her intention to revoke the approval or refuse the application, as the case may be,
(ii) specifying his or her reasons for the intended revocation or refusal of the approval, and
(iii) affording the holder or applicant the opportunity of making representations or having representations made on his or her behalf to the Minister within 14 days of the issue of the notification referred to in subparagraph (i) and having had regard to any such representations.
(10) A person shall not contravene an approval or a condition of an approval.
	Entry and registration of horses in stud books	4. An approved body shall enter and register a horse in a stud-book in accordance with the terms of decisions adopted under Article 4 (2) of Directive 90/427 and Decision 96/78.
	Marketing of semen, ova and embryos	5. A person shall not market the semen, ova and embryos of horses entered or registered in a stud-book maintained by an approved body unless accompanied by a zootechnical certificate drawn up in accordance with the terms of decisions adopted under Article 8 (2) of Directive 90/427 and Decision 96/79.
	Identification of horses	6. (1) A person shall ensure that a horse entered or registered in a stud-book maintained by an approved body, when it is being moved, is accompanied by an identification document issued by the approved body which maintains the stud-book or by any international association which manages competitions for horses in accordance with Decision 93/623 and Decision 2000/68.
(2) The owner or keeper of a horse, other than a horse subject to paragraph (1), shall ensure that, when it is being moved, it is accompanied by an identification document referred to in Article 3 of Decision 2000/68.
(3) A person presenting a horse for slaughter for human consumption, shall provide the identification documents referred to in paragraphs (1) or (2) which were issued at least six months before the date of presentation for slaughter.
(4) The identification documents referred to in this regulation shall include at least the information specified in the Annex to Decision 93/623 as amended by Decision 2000/68.
(5) The representative of the competent authority referred to in the Annex to Decision 2000/68 may be a veterinary surgeon.
(6) An approved body when issuing identity documents for a horse, shall identify the horse by a number that has not been used before, in accordance with Article 7(3) of Directive 90/426, and shall enter that number in the appropriate place on the identity document.
	Approval to issue identification documents	7. (1) The Minister may grant an approval to a person for the purposes of issuing identification documents referred to in Article 3 of Decision 2000/68.
(2) The Minister may seek applications for approval from other persons for the...