European Communities (Registration of Holdings and Identification of Animals) Regulations, 1996

• Jurisdiction: Ireland
• Citation: IR SI 1/1996
• Year: 1996

I, IVAN YATES, 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. 92/102/EEC(1) of 27 November 1992, hereby make the following Regulations:—

(1)O.J. No. L355 of 5.12.92, p. 32. 1. (1) These Regulations may be cited as the European Communities (Registration of Holdings and Identification of Animals) Regulations, 1996.

(2) These Regulations shall come into operation—

( a ) for the requirements regarding caprine and ovine animals, on the 8th day of January, 1996;

( b ) for the requirements regarding porcine animals, on the first day of March, 1996. 2. (1) In these Regulations—

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

"animal" means an animal of the caprine, ovine or porcine species (goats, pigs or sheep);

"animal identification number" means a number issued in respect of a species of animal on a registered holding pursuant to Regulation 7;

"authorised person" means—

(i) a person who stands for the time being appointed under Regulation 15, paragraph (1), or

(ii) an authorised person or inspector 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 Council Directive" means Council Directive No. 92/102/EEC of 27 November 1992;

"District Veterinary Office" means a district veterinary office of the Department of Agriculture, Food and Forestry;

"the Minister" means the Minister for Agriculture, Food and Forestry;

"registered holding" means a holding which has been registered by the Minister pursuant to Regulation 3;

"registered veterinary practitioner" means a person registered in the register established under the Veterinary Surgeons Act, 1931 (No. 36 of 1931);

"third country" means a country which is not a member of the European Communities;

"vehicle" means any form of road transport conveyance used for the movement of animals and includes a trailer.

(2) A word or expression that is used in these Regulations and is also used in the Council Directive has, unless the contrary intention appears, the meaning in these Regulations that it has in the Council Directive.

(3) ( a ) In these Regulations a reference to a Regulation is to a Regulation of these Regulations, unless it appears that reference to some other enactment 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. (1) Any person who holds, keeps or handles an animal on any holding in the State shall apply to the Minister, in such form as may be specified by him, for registration of the holding as a registered holding.

(2) Any person who, after the date of coming into operation of these Regulations, holds, keeps or handles or proposes to hold, keep or handle on any holding in the State any animal shall apply to the Minister, in such form as may be specified by him, for registration of the holding as a registered holding.

(3) Where, in accordance with paragraph (1) or (2), a person is required to apply for registration of a holding, he shall apply for such registration at the District Veterinary Office for the area in which the holding is situated.

(4) The Minister shall register any holding specified in an application for registration unless he is satisfied that such application is not a bona fide application or that the holding has been previously registered by him. 4. No person shall have in his possession or under his control on any holding in the State any animal unless the holding has been registered by the Minister as a registered holding. 5. Where in relation to any holding which is a registered holding—

( a ) there is a change in the person holding, keeping or handling the animals on the holding, or

( b ) there is a change (whether by way of an increase or decrease) in the species of animal to which these Regulations apply which are held, kept or handled on the holding, or

( c ) all animals on the holding are slaughtered, sold or otherwise disposed of,

the person who applied for registration in accordance with Regulation 3, paragraph (1) or (2), or, in the case referred to in subparagraph (a) of this Regulation, the new person holding, keeping or handling the animals on the holding, shall before or on the date of the change, supply the relevant District Veterinary Office with the same particulars as are required for registration as a registered holding in accordance with Regulation 3 and in such form as the Minister may specify. 6. For the purposes of these Regulations—

( a ) any person to whom a herd number has been allocated for the purposes of the Bovine Tuberculosis (Attestation of the State and General Provisions) Order, 1989 ( S.I. No. 308 of 1989 ) shall be deemed to have applied for registration of the holding as a registered holding and the herd number so issued shall be deemed to be an animal identification number for animals of the caprine or ovine species on the holding of that person to which the herd number relates;

( b ) any person to whom a number has been allocated for the purposes of the following Schemes operated by the Minister, that is to say, the Sheep Headage Payments Scheme in Disadvantaged Areas and the EU Ewe Premium Scheme, shall be deemed to have applied for registration of the holding as a registered holding and the number so issued shall be deemed to be an animal identification number for animals of the caprine or ovine species on the holding of that person to which the number relates;

( c ) any person to whom a number has been allocated for the purposes of the following Scheme operated by the Minister, that is to say, the Goat Headage Scheme in Disadvantaged Areas, shall be deemed to have applied for registration of the holding as a registered holding and the number so issued shall be deemed to be an animal identification number for animals of the caprine species on the holding of that person to which the number relates;

( d ) any person to whom a pig holding number has been allocated by the Minister under the Scheme for the Identification of Pigs shall be deemed to have applied for registration of the holding as a registered holding and the pig holding number so issued shall be deemed to be an animal identification number for animals of the porcine species on the holding of that person to which the pig holding number relates. 7. Without prejudice to Regulation 6, the Minister may issue or cause to be issued to each registered holding an animal identification number or, where more than one species of animal to which these Regulations apply are held, kept or handled on the holding, animal identification numbers which vary according to the species of animal held, kept or handled on the holding. 8. (1) A person shall not move, nor cause nor permit to be moved, an animal from a holding unless at the time of such movement—

( a ) the holding is a registered holding, and

( b ) (i) the animal has attached to its left ear an ear-tag of a type which stands approved for the time being by the Minister in accordance with Regulation 9 and which bears the animal identification number issued to that holding, where appropriate, for the species of animal concerned, or

(ii) the animal is marked by means of a tattoo or identified in such a manner as may be approved for the time being by the Minister for the species of animal concerned.

(2) The provisions of subparagraph (1) (b) shall...