European Union (Animal Health) (Adaptation And Miscellaneous Amendments) Regulations 2019

• Jurisdiction: Ireland
• Year: 2019
• Citation: IR SI 337/2019

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 12th July, 2019.

I, Michael Creed, 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), for the purpose of giving full effect to Council Directive 90/429/EEC of 26 June 19901 , Regulation (EU) 2016/1012 of the European Parliament and of the Council of 8 June 20162 , 89/501/EEC: Commission Decision of 18 July 19893 , 89/502/EEC: Commission Decision of 18 July 19894 , 89/503/EEC: Commission Decision of 18 July 19895 , 89/504/EEC: Commission Decision of 18 July 19896 , 89/505/EEC: Commission Decision of 18 July 19897 , 89/506/EEC: Commission Decision of 18 July 19898 , 89/507/EEC: Commission Decision of 18 July 19899 , Council Directive 91/496/EEC of 15 July 199110 , Council Directive 92/118/EEC of 17 December 199211 , Council Directive 64/432/EEC of 26 June 196412 , 96/509/EC: Commission Decision of 18 July 199613 , 96/510/EC: Commission Decision of 18 July 199614 , Council Directive 97/12/EC of 17 March 199715 , Council Directive 97/78/EC of 18 December 199716 , Council Directive 2002/99/EC of 16 December 200217 , Council Regulation (EC) No 21/2004 of 17 December 200318 , Council Regulation (EC) No 1/2005 of 22 December 200419 , Council Regulation (EC) No 1255/97 of 25 June 199720 , Regulation (EC) No 2160/2003 of the European Parliament and of the Council of 17 November 200321 , Commission Decision No. 2007/25/EC of 22 December 200622 , Council Directive 97/12/EC of 17 March 199723 , Commission Regulation (EC) No 1739/2005 of 21 October 200524 , 2006/415/EC: Commission Decision of 14 June 200625 , Council Directive 91/68/EEC of 28 January 199126 , Council Directive 2000/75/EC of 20 November 200027 , Commission Regulation (EC) No 1266/2007 of 26 October 200728 , Commission Regulation (EC) No 1177/2006 of 1 August 200629 , Council Directive 2006/88/EC of 24 October 200630 , Regulation (EC) No 1523/2007 of the European Parliament and of the Council of 11 December 200731 , Council Directive 88/407/EEC of 14 June 198832 , Council Directive 89/556/EEC of 25 September 198933 , Council Directive 90/425/EEC of 26 June 199034 , Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 200035 , Commission Regulation (EC) No 494/98 of 27 February 199836 , Commission Regulation (EC) No 1082/2003 of 23 June 200337 , Commission Regulation (EU) No 1190/2012 of 12 December 201238 , Council Regulation (EC) No 1099/2009 of 24 September 200939 , Council Directive 2007/43/EC of 28 June 200740 , Council Directive 2009/158/EC of 30 November 200941 , Commission Regulation (EC) No 617/2008 of 27 June 200842 , Commission Regulation (EC) No 1505/2006 of 11 October 200643 , Council Directive 90/427/EEC of 26 June 199044 , Council Directive 90/428/EEC of 26 June 199045 , Council Directive 92/65/EEC of 13 July 199246 , Council Directive 2003/85/EC of 29 September 200347 , Council Directive 92/66/EEC of 14 July 199248 , Commission Regulation (EC) No 206/2009 of 5 March 200949 , Council Directive 2001/89/EC of 23 October 200150 , Council Directive 2002/60/EC of 27 June 200251 , Council Directive 92/119/EEC of 17 December 199252 and Directive 2002/32/EC of the European Parliament and of the Council of 7 May 200253 , hereby make the following regulations:

1. These Regulations may be cited as the European Union (Animal Health) (Adaptation and Miscellaneous Amendments) Regulations 2019.

2. The European Communities (Trade in Porcine Semen - Animal Health) Regulations 1993 ( S.I. No. 242 of 1993 ) are amended in Regulation 5 by inserting for paragraph (1) (as repealed by the European Union (Animal Health) (Adaptation) Regulations 2014 ( S.I. No. 112 of 2014 )) the following:

“(1) For the purposes of these Regulations or the Council Directive, an authorised officer may—

(a) enter and inspect, at all reasonable times, any land or premises where he or she has reasonable grounds for believing that—

(i) semen is, may be or has been present,

(ii) a record relating to semen is, may be or has been present, or

(iii) equipment, machinery or other thing used in connection with semen is, may be or has been present,

(b) examine an article, animal, substance or liquid, equipment, machinery or other thing,

(c) require the name and address of the person in possession or control of an article, animal, substance or liquid, equipment, machinery or other thing,

(d) inspect a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment, machinery or other thing used in connection with semen and require a person in charge or control of such to refrain from moving it,

(e) require the owner, occupier or person in charge of land or premises, semen, a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment or machinery to produce to the officer such records (and in the case of a record stored in non-legible form, produce to him or her a copy in a legible form) that are in the person’s possession or procurement, or under the person’s control, as the officer may reasonably require,

(f) inspect and take copies of any record (including a legible reproduction of one stored in non-legible form) or extracts from the record that the officer finds or is produced to him or her during an inspection, or

(g) take, without making a payment, samples from an article, animal, substance or liquid, land, water, flora, vehicle, vessel, aircraft, railway wagon, container, equipment, machinery or other thing relating to semen, as he or she may reasonably require and carry out or cause to be carried out on the sample such tests, analyses, examinations or inspections as he or she considers necessary or expedient and mark or otherwise identify it.”.

3. The European Communities (Pure-Bred Sheep and Goat Flock-Book) Regulations 1994 ( S.I. No. 16 of 1994 ) are amended by inserting after Regulation 6 the following:

“7 Functions of Authorised Officer

7. (1) For the purposes of these Regulations, the Directive or the Decisions, an authorised officer may—

(a) enter and inspect, at all reasonable times, any land or premises where he or she has reasonable grounds for believing that—

(i) a flock-book or part of a flock-book maintained by an approved breeders’ association or organisation is, may be or has been present,

(ii) a record relating to a flock-book or part of a flock-book maintained by an approved breeders’ association or organisation is, may be or has been present, or

(iii) equipment, machinery or other thing used in connection with a flock-book or part of a flock-book maintained by an approved breeders’ association or organisation is, may be or has been present,

(b) examine a flock-book or part of a flock-book maintained by an approved breeders’ association or organisation, equipment, machinery or other thing,

(c) require the name and address of the person in possession or control of a flock-book or part of a flock-book maintained by an approved breeders’ association or organisation, equipment, machinery or other thing,

(d) inspect a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment, machinery or other thing used in connection with a flock-book or part of a flock-book maintained by an approved breeders’ association or organisation and require a person in charge or control of such to refrain from moving it,

(e) require the owner, occupier or person in charge of land or premises or a flock-book or part of a flock-book maintained by an approved breeders’ association or organisation or a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment or machinery to produce to the officer such records (and in the case of a record stored in non-legible form, produce to him or her a copy in a legible form) that are in the person’s possession or procurement, or under the person’s control, as the officer may reasonably require, or

(f) inspect and take copies of any record (including a legible reproduction of one stored in non-legible form) or extracts from the record that the officer finds or is produced to him or her during an inspection.

(2) For the purposes of his or her functions under these Regulations, an authorised officer may require a person in possession or control of an animal in a public place to permit the animal to be examined by the officer or a veterinary practitioner.

(3) An authorised officer may require a person to give information or produce for inspection any record regarding the ownership and identity of an animal, ownership of a vehicle, vessel, aircraft, container, equipment, machinery or other thing relating to an animal as is in the person’s knowledge or procurement.

(4) Where an authorised officer has reasonable grounds for believing that—

(a) there is a risk of disease (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 201654 ),

(b) a disease or disease agent (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016) is or may be present on any land or premises,

(c) an offence is being or has been committed under these Regulations, or

(d) evidence of a disease or a disease agent to which subparagraph (a) or (b) relates, or an offence to which subparagraph (c) relates may be, is or has been on any land or premises, or in a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment or machinery,

the officer may, in addition to the powers exercisable by him or her under paragraph (1):

(i) search the land or premises;

(ii) search the vehicle, vessel, aircraft, railway wagon, container, equipment or machinery;

(iii) require a person in charge or control of the vehicle, vessel, aircraft, railway wagon, container, equipment or machinery...