European Union (Animal By-Products) Regulations 2014

• Jurisdiction: Ireland
• Citation: IR SI 187/2014
• Year: 2014

INDEX

Regulation

Part 1

Preliminary and General

1. Citation

2. Interpretation

Part 2

Restrictions and authorisations

3. Disposal and use of animal by-products — authorisations

4. Transport of manure

5. Commercial documents and health certificates

6. Transformation of animal by-products

7. Treatment of wastewater

8. Placing an animal by-product or derived product on the market

9. Import and transit — authorisation

10. Matters relating to authorisations

Part 3

Registration and Approval

11. Registration of premises

12. Approval of premises

13. Appeal against refusal or withdrawal of approval

Part 4

Enforcement

14. Appointment of authorised officer

15. Functions of authorised officer

16. Search warrant

17. Compliance notice

18. Appeal against compliance notice

19. Seizure and detention for non-compliance with a compliance notice

20. Powers of members of Garda Síochána and officers of the Revenue Commissioners

21. Forgery

22. Records

Part 5

Proceedings and Sanctions

23. Obstruction and false statements

24. Offences — contravention of Council Regulation or Commission Regulation

25. Matters relating to proceedings

26. Prosecutions

Part 6

Procedural

27. Service of notices and notifications

28. Fees

29. Savers

30. Non-application of S.I. No. 252 of 2008 to animal by-products

31. Revocation — S.I. No. 150 of 2011

S.I. No. 187 of 2014

EUROPEAN UNION (ANIMAL BY-PRODUCTS) REGULATIONS 2014

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 29th April, 2014.

I, SIMON COVENEY, Minister for Agriculture, Food and the Marine, 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 full effect to Regulation (EC) No. 1069/2009 of the European Parliament and of the Council of 21 October 20091 , as amended by Directive 2010/63/EU of the European Parliament and of the Council of 22 September 20102 , and Commission Regulation (EU) No. 142/2011 of 25 February 20113 , as amended by Commission Regulation (EU) No. 749/2011 of 29 July 20114 , Commission Regulation (EU) No. 1063/2012 of 13 November 20125 , Commission Regulation (EU) No. 1097/2012 of 23 November 20126 , Commission Regulation (EU) No. 294/2013 of 14 March 20137 , Commission Regulation (EU) No. 555/2013 of 14 June 20138 and Commission Regulation (EU) No. 717/2013 of 25 July 20139 , hereby make the following regulations:

Part 1

Preliminary and General

Citation

1. These Regulations may be cited as the European Union (Animal By-Products) Regulations 2014.

Interpretation

2. (1) In these Regulations—

“Animal by-products Regulations” means the Council Regulation and the Commission Regulation;

“approval” means approval for the purposes of Articles 24 and 44 of the Council Regulation and Articles 18 and 33 of the Commission Regulation;

“authorised officer” means—

(a) a sea-fisheries protection officer (within the meaning of the Sea-Fisheries and Maritime Jurisdiction Act 2006 (No. 8 of 2006));

(b) an authorised officer within the meaning of section 37 of the Animal Health and Welfare Act 2013 (No.15 of 2013);

(c) an authorised officer (within the meaning of the European Communities (Food and Feed Hygiene) Regulations 2009 ( S.I. No. 432 of 2009 ));

(d) a person who, immediately before the making of these Regulations was an authorised officer (within the meaning of the European Communities (Transmissible Spongiform Encephalopathies and Animal By-products) Regulations 2008 ( S.I. No. 252 of 2008 ));

(e) an authorised officer (within the meaning of the Food Safety Authority of Ireland Act 1998 (No. 29 of 1998));

(f) a member of the Garda Síochána;

(g) an officer of the Revenue Commissioners;

(h) a person appointed under Regulation 14 during the period of his or her appointment;

“Commission Regulation” means Commission Regulation (EU) No. 142/2011 of 25 February 20113 , as amended by Commission Regulation (EU) No. 749/2011 of 29 July 20114 , Commission Regulation (EU) No. 1063/2012 of 13 November 20125 , Commission Regulation (EU) No. 1097/2012 of 23 November 20126 , Commission Regulation (EU) No. 294/2013 of 14 March 20137 , Commission Regulation (EU) No. 555/2013 of 14 June 20138 and Commission Regulation (EU) No. 717/2013 of 25 July 20139 ;

“Council Regulation” means Regulation (EC) No. 1069/2009 of the European Parliament and of the Council of 21 October 20091 as amended by Directive 2010/63/EU of the European Parliament and of the Council of 22 September 20102 ;

“local authority” has the same meaning as in the Local Government Act 2001 (No. 37 of 2001);

“Minister” means Minister for Agriculture, Food and the Marine;

“premises” includes land (including land under water) with or without buildings, a plant, establishment or an offshore installation (being an offshore installation within the meaning of the Safety, Health and Welfare (Offshore Installations) Act 1987 (No. 18 of 1987));

“record” includes a memorandum, book, plan, map, drawing, diagram, pictorial or graphic work or other document, a photograph, film or recording (whether of sound or images or both), any form in which data (within the meaning of the Data Protection Acts 1988 and 2003) are held, any other form (including machine-readable form) or thing in which information is held or stored manually, mechanically or electronically and anything that is a part or a copy, in any form, of any of the foregoing or is a combination of 2 or more of the foregoing;

“vehicle” includes a railway wagon or trailer, designed for use or used with a vehicle, or container designed or used for carriage on a vehicle, whether either is attached to or detached from a vehicle;

“vessel” includes a boat, ship, hovercraft or aircraft.

(2) A word or expression which is used in these Regulations and is also used in the Animal by-products Regulations, has, unless the context otherwise requires, the same meaning in these Regulations, as it has in the Animal by-products Regulations.

Part 2

Restrictions and authorisations

Disposal and use of animal by-products — authorisations

3. (1) A person shall not, unless the person is authorised, registered or approved under these Regulations, possess, transport, handle, use or dispose of an animal by-product comprising of—

(a) Category 1 material, except in accordance with Article 12 of the Council Regulation,

(b) Category 2 material, except in accordance with Article 13 of the Council Regulation, or

(c) Category 3 material, except in accordance with Article 14 of the Council Regulation.

(2) A person who contravenes paragraph (1) commits an offence and is liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 3 months, or to both, or

(b) on conviction on indictment, to a fine not exceeding €250,000 or imprisonment for a term not exceeding 12 months, or to both.

(3) The Minister may authorise the use of an animal by-product for special feeding purposes in accordance with Articles 16(c) and 18(1) of the Council Regulation and Article 13 of the Commission Regulation.

(4) The Minister may authorise the feeding of animal by-products in accordance with Articles 16(c) and 18(2)(a) of the Council Regulation and Article 14(2) of the Commission Regulation.

(5) The Minister may authorise the disposal of a dead pet animal or an equine in accordance with Articles 16(d) and 19(1)(a) of the Council Regulation and Article 15 of the Commission Regulation.

(6) The Minister may authorise the burning or burial on site or the disposal by other means of animal by-products in accordance with Articles 16(d) and 19(1)(b) and (2) of the Council Regulation and Article 15 of the Commission Regulation.

(7) The Minister may authorise the burning or burial on site or the disposal by other means of animal by-products in accordance with Articles 16(d) and 19(1)(c) of the Council Regulation and Article 15 of the Commission Regulation.

(8) The Minister may authorise disposal by means other than burning or burial on site of not more than 20 kg per week of Category 3 materials referred to in Article 10(f) of the Council Regulation in accordance with Articles 16(d) and 19(1)(d) of the Council Regulation and Article 36(3) of the Commission Regulation.

(9) The Minister may authorise the burning or burial on site of animal by-products in accordance with Articles 16(d) and 19(1)(e) of the Council Regulation and Article 15 of the Commission Regulation.

(10) The Minister may authorise the burning or burial on site of bees and apiculture by-products in accordance with Articles 16(d) and 19(1)(f) of the Council Regulation and Article 15(c) of the Commission Regulation.

(11) The Minister may authorise the disposal of an animal by-product in accordance with Article 16(h) of the Council Regulation.

(12) The Minister may authorise the disposal, in accordance with Article 7 of the Commission Regulation, of—

(a) pet food referred to in Article 7(a) of the Commission Regulation, and

(b) Category 3 material referred to in Article 7(b) of the Commission Regulation.

(13) The Minister may authorise the use, handling, transport and disposal of trade samples and display items for exhibitions and artistic activities in accordance with Articles 16(b) and 17 of the Council Regulation and Article 12 of the Commission Regulation.

(14) The Minister may authorise the use, handling, transport and disposal of research and diagnostic samples for research or diagnostic purposes in accordance with Articles 16(b) and 17 of the Council Regulation and Article 11 of the Commission Regulation.

(15) The Minister may authorise the use, handling, transport and disposal of research and diagnostic samples for educational purposes in accordance with Articles 16(b) and 17 of the Council Regulation and points 2, 3 and 6...