European Communities (Trade In Porcine Semen — Animal Health) Regulations, 1993

• Jurisdiction: Ireland
• Citation: IR SI 242/1993
• Year: 1993

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. 90/429/EEC of 26 June 1990,1 hereby make the following Regulations:
1O.J. No. L224, 18.8.1990, p. 62.
	1. Citation and Commencement	(1) These Regulations may be cited as the European Communities (Trade in Porcine Semen —- Animal Health) Regulations, 1993.
(2) These Regulations shall come into operation on the 31st day of August, 1993.
	2. Interpretation	(1) In these Regulations—
"animal" means a domestic animal of the porcine species;
"an approval" means an approval granted by the Minister under Regulation 3;
"approved" means approved by or on behalf of the Minister for the purposes of these Regulations;
"application for approval" means an application to the Minister in respect of an approval for a semen collection centre for the purposes of these Regulations and the Council Directive;
"approved semen collection centre" means in relation to—
( a ) imports from another Member State, a centre, approved by the competent authority of the Member State for the purposes of the Council Directive, or
( b ) exports, a centre which is approved of under Regulation 3 by the Minister for the purposes of these Regulations and the Council Directive;
"authorised officer" means a person authorised in writing by the Minister to exercise for the purposes of these Regulations and the Council Directive the powers conferred on an authorised officer by these Regulations;
"the Council Directive" means Council Directive No. 90/429/EEC of 26 June 1990;1
1O.J. No. L224, 18.8.1990, p. 62.
"export" means to send to another Member State and cognate words shall be construed accordingly;
"import" means to bring into the State and cognate words shall be construed accordingly;
"the Minister" means the Minister for Agriculture, Food and Forestry;
"Member State" means a Member State of the European Communities;
"official veterinarian" means in relation to actions or the exercise of powers—
( a ) under these Regulations and the Council Directive in the State an authorised officer who is a veterinary surgeon, or
( b ) under the Council Directive in another Member State a veterinary surgeon designated by the competent authority in that Member State;
"semen" means the ejaculate of a domestic animal of the porcine species, whether prepared, diluted or in the unaltered state;
"third country" means a country which is not a Member State.
(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 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 semen collection centres	(1) The Minister may grant an approval to a semen collection centre for the purposes of these Regulations and the Council Directive if he is satisfied that the Council Directive will be complied with.
(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 6, and
( d ) addressed to—
The Officer in Charge,
Livestock Breeding Division (Pigs),
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 Council Directive will be complied with and to decide whether or not to grant the approval.
(4) A person who in making an application for approval wilfully makes a false or misleading statement shall be guilty of an offence.
(5) Where the Minister grants an approval to a semen collection centre he shall allocate a serial number to the centre and shall notify the owner or person in charge of the centre concerned in writing of that approval.
(6) An approval shall be valid for 5 years.
(7) The Minister may attach conditions to an approval at the time it is granted or subsequently and he may amend or revoke a condition attached to the approval and shall notify the owner or person in charge of the centre concerned in writing of the conditions, amendment or revocation in relation to that approval.
(8) The Minister may, if he is not satisfied that the relevant provisions of the Council Directive are being or will be complied with in relation to a semen collection centre, refuse an approval applied for or revoke an approval granted and shall notify the owner or person in charge of the centre in writing of the refusal or revocation.
(9) The Minister shall not—
( a ) revoke an approval, or
( b ) refuse an application for approval, or
( c ) attach a condition to an approval or amend such a condition,
without—
( d ) notifying the holder of, or applicant for, the approval of his intention to revoke the approval or refuse the application, or attach or amend the condition, as the case may be,
( e ) specifying his reasons for the intended revocation or refusal of the approval, or the attaching or amendment of the condition, and
( f ) affording the holder of, or applicant for, the approval the opportunity of making representations or having representations made on his behalf to the Minister in relation to the proposed revocation or refusal or to the attachment or amendment of the condition, as the case may be, within 14 days of the receipt by that person of the notification referred to in subparagraph (d) and having had regard to any such representations.
(10) A person who contravenes an approval or a condition of an approval shall be guilty of an offence.
	4. Trade in semen	(1) A person who—
( a ) imports or attempts to import semen from, or exports or attempts to export, semen to another Member State, or
( b ) imports or attempts to import semen from a third country,
save in accordance with this Regulation, shall be guilty of an offence.
(2) The consignee, in the State, of imported semen shall report at least 48 hours in advance of the entry of the semen into the State to the officer of the Minister being—
The Officer in Charge,
Livestock Breeding Division (Pigs),
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, stating—
( a ) the nature of the consignment,
( b ) the country and place of origin of the consignment,
( c ) the name and address of the consignee,
( d ) the anticipated arrival date...