European Communities (Sheep Identification) Regulations, 2011

• Jurisdiction: Ireland
• Year: 2011
• Citation: IR SI 309/2011

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 24th June, 2011.

I, SIMON COVENEY, Minister for Agriculture, Fisheries and Food, in exercise of the powers conferred on me by section 3 ? (as amended by section 2 of the European Communities Act 2007 (No. 18 of 2007)) of the European Communities Act 1972 (No. 27 of 1972) for the purpose of giving full effect to Council Regulation (EC) No. 21/2004 of 17 December 20031 as amended by Council Regulation (EC) No. 1791/2006 of 20 November 20062 , Council Regulation (EC) No. 1560/2007 of 17 December 20073 , Commission Regulation (EC) No. 933/2008 of 23 September 20084 , Commission Regulation (EC) No. 759/2009 of 19 August 20095 , and Commission Regulation (EU) No. 506/2010 of 14 June 20106 , and Commission Regulation (EC) No. 1505/2006 of 11 October 20067 as amended by Commission Regulation (EU) No. 1033/2010 of 15 November 20108 and Commission Decision 2006/968/EC of 15 December 20069 as amended by Commission Decision 2008/337/EC of 24 April 200810 and Commission Decision 2010/280/EU of 12 May 201011 in so far as they relate to animals of the ovine species, hereby make the following regulations:

PART 1

Preliminary and General

Citation

1. These Regulations may be cited as the European Communities (Sheep Identification) Regulations 2011.

Interpretation

2. (1) In these Regulations—

“authorised officer” means—

(a) an authorised officer within the meaning of section 17A (inserted by section 2 of the Diseases of Animals (Amendment) Act 2001 (No. 3 of 2001)) of the Diseases of Animals Act 1966 (No. 6 of 1966),

(b) a member of the Garda Síochána,

(c) an officer of Customs and Excise, or

(d) a person appointed under Regulation 12;

“bolus” means an electronic identifier in the form of a ruminal bolus used as a means of identification of a sheep approved by the Minister in accordance with points 1, 2 and 3(a) of Section A. of the Annex to the Council Regulation;

“Council Regulation” means Council Regulation (EC) No. 21/2004 of 17 December 2003 as amended by Council Regulation (EC) No. 1791/2006 of 20 November 2006, Council Regulation (EC) No. 1560/2007 of 17 December 2007, Commission Regulation (EC) No. 933/2008 of 23 September 2008, Commission Regulation (EC) No. 759/2009 of 19 August 2009 and Commission Regulation (EU) No. 506/2010 of 14 June 2010;

”EID tag” means an electronic identifier in the form of an electronic ear- tag used as a means of identification of a sheep approved by the Minister in accordance with points 1, 2 and 3(a) of Section A. of the Annex to the Council Regulation;

“ear-tag” means an ear-tag used as a means of identification of a sheep approved by the Minister in accordance with point 3(b) of Section A. of the Annex to the Council Regulation;

“Minister” means Minister for Agriculture, Fisheries and Food;

“premises” includes land (including land under water) with or without buildings, an establishment, a vehicle, railway wagon, container or other thing used in connection with, or ancillary to, such a thing;

“sell” includes offer, expose or keep for sale, invite an offer to buy, or distribute for reward or otherwise (whether directly or through another person);

“slaughter ear-tag” means an ear- tag used as a means of identification of a sheep approved by the Minister in accordance with point 7 of Section A of the Annex to the Council Regulation;

“Sheep identification legislation ” means Council Regulation (EC) No. 21/2004 of 17 December 2003 as amended by Council Regulation (EC) No. 1791/2006 of 20 November 2006, Council Regulation (EC) No. 1560/2007 of 17 December 2007, Commission Regulation (EC) No. 933/2008 of 23 September 2008, Commission Regulation (EC) No. 759/2009 of 19 August 2009, and Commission Regulation (EU) No. 506/2010 of 14 June 2010 and Commission Regulation (EC) No. 1505/2006 of 11 October 2006 as amended by Commission Regulation (EU) No. 1033/2010 of 15 November 2010 and Commission Decision 2006/968/EC of 15 December 2006 as amended by Commission Decision 2008/337/EC of 24 April 2008 and Commission Decision 2010/280/EU of 12 May 2010;

“supply” includes to give without reward;

“third country” means a country situated outside of the European Union;

(2) A word or expression that is used in these Regulations and is also used in the Sheep identification legislation has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Sheep identification legislation.

Establishment of an identification system for sheep

3. The system known as the “National Sheep Identification System” or “NSIS” approved by the Minister shall be the approval system for the identification, registration and movement of sheep in accordance with Article 1 of the Council Regulation.

Possession and identification of sheep

4. (1) A keeper shall not have in his or her possession or control, a sheep unless it is identified in accordance with the Sheep identification legislation and these Regulations.

(2) Subject to paragraph (3) and (4), a keeper who owns or has sheep under his or her possession or control shall identify the sheep with—

(a) an EID tag and an ear-tag, or

(b) a bolus and an ear-tag

before the sheep moves from the holding on which it is born or not later than 6 months after its birth.

(3) By way of derogation from paragraph (2) the Minister may extend the period, which may not exceed nine months, to identify a sheep kept in extensive or free-range farming conditions.

(4) By way of derogation from paragraph (2), a keeper who keeps a sheep for the purposes of Article 4(3) of the Council Regulation may identify the sheep with a slaughter ear-tag.

(5) A person shall not remove or replace a bolus, EID-tag, ear-tag, or slaughter ear-tag, on a sheep except in accordance with Article 4(6) of the Council Regulation or the approval of the Minister.

(6) A person shall not possess, manufacture, sell or supply a bolus, EID-tag, ear-tag, or slaughter ear-tag for the purpose of identifying sheep, unless it is approved under these Regulations and the Sheep identification legislation.

(7) A person shall not export a sheep to another Member State or a third country unless it is identified in accordance with paragraph (2).

(8) A person shall not import a sheep from a third country unless it is identified within 14 days in accordance with Article 4(4) of the Council Regulation.

Registration of a holding

5. (1) A keeper shall not have a sheep in his or her possession or control on a holding, unless the holding is a registered holding (“registered holding”) in accordance with Article 7 of the Council Regulation.

(2) The Minister may grant registration and assign a sheep herd number to a keeper in respect of a holding in accordance with these Regulations and Article 7 of the Council Regulation.

(3) A holding that immediately before the making of these Regulations was registered under the European Communities Registration of Holdings and Identification of Animals Regulations 1996 ( S.I. No. 1 of 1996 ) is to be a registered holding under this Regulation.

Flock Register

6. (1) The Minister shall approve a flock register for use by a keeper in accordance with Article 5 of the Council Regulation (“flock register”).

(2) A keeper shall maintain a flock register and furnish information to the Minister in accordance with Article 5 and Section B of the Annex to the Council Regulation.

Movement of sheep

7. (1) The Minister shall approve a movement document for use by a keeper in accordance with Article 6 of the Council Regulation, (“sheep dispatch/movement document”)

(2) A keeper shall not move a sheep unless it is accompanied by a sheep dispatch/movement document approved by the Minister and is identified in accordance with these Regulations and the Sheep identification legislation.

(3) Subject to paragraph (4) a keeper shall complete a sheep dispatch/movement document in accordance with Article 6 and Section C of the Annex to the Council Regulation.

(4) The Minister may authorise a keeper in accordance with the second paragraph of point 2 of Section C of the Annex to the Council Regulation.

(5) A keeper who is authorised by the Minister in accordance with paragraph 4 may complete the sheep movement/dispatch document in accordance with the second paragraph of point 2 of Section C of the Annex to the Council Regulation.

(6) A keeper shall keep the sheep dispatch/movement document for a period of 3 years and in accordance with Article 6 of the Council Regulation.

(7) The Minister may publish, in a manner that he or she considers appropriate, a list of persons to whom paragraph (4) applies.

Information required

8. A keeper shall supply such information and material as the Minister may determine to him or her in accordance with Articles 7 and 8 of the Council Regulation.

Approval of manufacturers and suppliers of ear-tags, EID-tags, slaughter ear-tags, and boluses.

9. (1) The Minister may grant an approval to a person, for the purposes of the manufacture, sale and supply of ear-tags, EID-tags, boluses, and slaughter ear- tags in accordance with these Regulations, the Sheep identification legislation and the NSIS, (“approved tag supplier”).

(2) A person who, immediately before the making of these Regulations was approved as a tag supplier under the Diseases of Animals Act 1966 (National Sheep Identification System) Order 2001 ( S.I. No. 281 of 2001 ) is approved as if he or she were approved under this Regulation.

(3) The Minister may attach conditions to the approval, vary a condition, attach a new condition, revoke an approval or refuse an application.

(4) A person seeking an approval shall provide such information and such material as the Minister may require.

(5) An approval under this Regulation is valid for a period that the Minister determines.

(6) The Minister shall not consider an...