European Communities (Pure-Bred Sheep and Goat Flock-Book) Regulations, 1994

• Jurisdiction: Ireland
• Citation: IR SI 16/1994
• Year: 1994

S.I. No. 16 of 1994.
EUROPEAN COMMUNITIES (PURE-BRED SHEEP AND GOAT FLOCK-BOOK) REGULATIONS, 1994.
I, JOE WALSH, Minister for Agriculture, Food and Forestry, 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 effect to Council Directive No. 89/361/EEC of 30 May 19891, Commission Decision No. 90/254/EEC of 10 May 19902, Commission Decision No. 90/255/EEC of 10 May 19903, Commission Decision 90/256/EEC of 10 May 19904, Commission Decision No. 90/257/EEC of 10 May 19905, and Commission Decision No. 90/258/EEC of 10 May 19906, hereby make the following Regulations:
	1 Citation and Commencement.	1. (1) These Regulations may be cited as the European Communities (Pure-Bred Sheep and Goat Flock-Book) Regulations, 1994.
(2) These Regulations shall come into operation on the 31st day of January, 1994.
	2 Interpretation.	2. (1) In these Regulations—
"application for approval" means an application to the Minister in respect of an approval for the maintenance of a flock-book for the purposes of these Regulations and the Directive;
"an approval" means an approval granted by the Minister under Regulation 3;
"approved breeders' association or organisation" means—
( a ) a breeders' association or organisation which has its headquarters located within the State and has been granted an approval, or
( b ) a breeders' association or organisation which has its headquarters located in another Member State and is approved by the competent authority of that Member State;
1O.J. No. L153, 6. 6. 1989, p. 30.
2O.J. No. L145, 8. 6. 1990, p. 30.
3O.J. No. L145, 8. 6. 1990, p. 32.
4O.J. No. L145, 8. 6. 1990, p. 35.
5O.J. No. L145, 8. 6. 1990, p. 38.
6O.J. No. L145, 8. 6. 1990, p. 39.
"authorised officer" means a person authorised in writing by the Minister to exercise for the purposes of these Regulations and the Directive the powers conferred on an authorised officer by these Regulations;
"Decision 90/254" means Commission Decision No. 90/254/EEC of 10 May 19901;
"Decision 90/255" means Commission Decision No. 90/255/EEC of 10 May 19902;
"Decision 90/256" means Commission Decision No. 90/256/EEC of 10 May 19903
"Decision 90/257" means Commission Decision No. 90/257/EEC of 10 May 19904
"Decision 90/258" means Commission Decision No. 90/258/EEC of 10 May 19905
"the Decisions" means Decision 90/254, Decision 90/255, Decision 90/256, Decision 90/257 and Decision 90/258;
"the Directive" means Council Directive No. 89/361/EEC of 30 May 19896;
"flock-book" means, any book, file or data medium in which pure-bred breeding sheep or goats of a specified breed are entered or registered with mention of their ancestors;
"marketed" means offered for sale, lease or hire;
"Member State" means a Member State of the European Communities;
"The Minister" means the Minister for Agriculture, Food and Forestry;
1O.J. No. L145, 8. 6. 1990, p. 30.
2O.J. No. L145, 8. 6. 1990, p. 32.
3O.J. No. L145, 8. 6. 1990, p. 35.
4O.J. No. L145, 8. 6. 1990, p. 38.
5O.J. No. L145, 8. 6. 1990, p. 39.
6O.J. No. L153, 6. 6. 1989, p. 30.
"pure-bred breeding sheep or goat" means any sheep or goat the parents and grandparents of which are entered or registered in a flock-book of the same breed and which is itself entered or registered and eligible for entry therein.
(2) A word or expression that is used in these Regulations and is also used in the Directive or in any of the Decisions has, unless the contrary intention appears, the meaning in these Regulations that it has in the Directive or in such Decision, save where the context otherwise requires.
(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.
	3 Approval of breeders' associations and organisations for the purposes of maintaining flock-books.	3. (1) The Minister shall for the purposes of these Regulations and the Directive grant an approval to a breeders' association or organisation, whose headquarters are located within the State, for the purposes of maintaining a flock-book if—
( a ) the Minister is satisfied that the provisions of the Directive and Decision 90/254 shall be complied with, and
( b ) where for a particular breed of sheep or goats one or more breeders' organisations or associations have already been granted an approval under this Regulation, he does not consider that the granting of a further such approval to a new breeders' organisation or association would endanger the preservation of the breed or jeopardise the zootechnical programme of the breeders' associations or organisations already so approved.
(2) 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 and where the applicant is a body corporate its principal place of business,
( c ) accompanied by the fee determined in accordance with Regulation 8, and
( d ) addressed to—
The Officer in Charge,
Livestock Breeding Division (Sheep),
Department of Agriculture, Food and Forestry,
Farnham Street,
Cavan.
or to such other person or address as the Minister may direct and as published in at least 2 daily newspapers published and circulating in the State.
(3) The Minister may, upon receipt of an application for approval, require such information from the applicant as he considers necessary for him to ensure that the Directive and Decision 90/254 will be complied with...