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S.I. No. 270/1997:
EUROPEAN
COMMUNITIES (TRADE IN BOVINE ANIMALS AND SWINE) REGULATIONS, 1997
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EUROPEAN COMMUNITIES (TRADE IN BOVINE ANIMALS AND SWINE) REGULATIONS,
1997
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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. 64/432/EEC 1 of 26 June 1964, as last amended by
Council Directive No. 94/42/EC2 of 27 July 1994 and Council
Directive No. 95/25/EC3 of 22 June 1995, hereby make the
following Regulations:
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1O.J. No. 121 of 29.7.1964, p. 1977.
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2O.J. No. L 201 of 4.8.1994, p. 26.
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3O.J. No. L 243 of 11.10.1995, p. 16.
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Citation and
commencement
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1. (1) These Regulations may be cited as the European
Communities (Trade in Bovine Animals and Swine) Regulations, 1997.
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(2) These Regulations shall come into operation on the first day of
July, 1997.
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Scope
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2. These Regulations apply to -
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( a ) the import into the State from another Member State of
bovine animals or swine to which the Council Directive applies, other than
those which originated in a third country and in relation to which all the
checks provided for in Council Directive No. 9¼96/EEC 4 of 15
July 1991, as last amended by Council Directive No. 96/43/EC5 of
26 June 1996 have been carried out, and
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4O.J. No. L 268 of 24.9.1991, p. 56.
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5O.J. No. L 162 of 1.7.1996, p. 1.
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( b ) the export from the State to another Member State of
bovine animals or swine to which the Council Directive applies,
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and "import" and "export" and cognate words,
unless the context otherwise requires, shall be construed accordingly.
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Definitions
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3. (1) In these Regulations—
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"authorised officer" means -
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( a ) a person who, for the time being, stands appointed
under Regulation 12 of the European Communities (Trade in Animals and Animal
Products) Regulations, 1994 ( S.I. No. 289 of 1994 ),
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( b ) a person who, for the time being, stands appointed
under Regulation 16, or
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( c ) an inspector;
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"the Council Directive" means Council Directive No. 64/43
2/EEC of 26 June 1964 as last amended by Council Directive No. 94/42/EC of
27 July 1994 and Council Directive No. 95/25/EC of 22 June 1995;
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"inspector" means an inspector within the meaning of the Diseases
of Animals Act, 1966 (No. 6 of 1966);
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"Member State" means a Member State of the European
Communities;
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" the Minister" means the Minister for Agriculture, Food
and Forestry; "third country" means a country which is not a
Member State;
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"veterinary surgeon" means a person registered for the
time being in the register established under the Veterinary Surgeons Act,
1931 (No. 36 of 1931).
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(2) In these Regulations -
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( a ) a reference to a Regulation is to a Regulation of these
Regulations, unless it appears that reference to some other provision is
intended;
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( b ) a reference to a paragraph or subparagraph is to the
paragraph or subparagraph of the provision in which the reference occurs,
unless it appears that reference to some other provision is intended.
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(3) 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.
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Trade in
bovine animals and swine
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4. A person shall not export or import, or attempt to export
or import, bovine animals or swine unless they -
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( a ) show no clinical sign of disease on the day of loading;
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( b ) have not been obtained from a holding which for animal
health reasons is subject to prohibition as a result of an outbreak of any
of the following diseases to which the animals in question are susceptible:
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—foot and mouth disease,
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—swine vesicular disease,
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—contagious swine paralysis,
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—bovine brucellosis,
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—swine brucellosis,
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—anthrax;
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( c ) have not been obtained from an area in which the
measures referred to in paragraph (b) above are applied;
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( d ) are not animals which are to be slaughtered under a
contagious or infectious disease eradication programme of a Member State;
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( e ) in the case of bovine animals or swine for breeding or
production, have been obtained from a holding which
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(i) is situated in the centre of an
epizootic free area,
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(ii) has been, for at least three months prior to consignment, free
from—
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(A) in the case of bovine animals, foot and mouth disease and bovine
brucellosis,
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(B) in the case of swine, foot and mouth disease, swine vesicular
disease, bovine and porcine brucellosis, and contagious porcine paralysis (Teschen disease), and
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(iii) has, for at least 30 days prior to consignment, been free from
all other compulsorily noticeable diseases which are contagious or
infectious for the animal species in question;
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( f ) in the case of bovine animals or swine for breeding or
production -
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(i) have remained on the holding referred
to in paragraph (e) above during the 30 days preceding loading or
since birth, or
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(ii) have been identified in accordance with Council Directive No.
92/102/EEC 6 of 27 November 1992 prior to leaving the holding and
placed under official veterinary supervision since leaving the holding;
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6O.J. No. L 355 of 5.12.1992, p. 32.
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( g ) are sent directly from the holding of origin to the
actual place of loading
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(i) without coming into contact with
cloven-hoofed animals other than bovine animals and swine which fulfil the
conditions laid down for intra-Community trade,
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(ii) segregated into animals for breeding or production and animals
for slaughter,
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(iii) in transport vehicles or containers which have first been
cleansed and disinfected in accordance with the requirements of Article
3(2)(f) of the Council Directive;
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( h ) are identified in accordance with the provisions of
Council Directive No. 92/102/EEC of 27 November 1992;
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( i ) are loaded for transportation
to the Member State of destination in accordance with the provisions laid
down in paragraph (g) above at a specific place at the centre of an
epizootic free area in transport vehicles which meet the requirements of
Article 3(2)(g) of the Council Directive;
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( j ) after loading are sent directly and as quickly as
possible to the Member State of destination;
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( k ) are accompanied during transportation to the Member
State of destination by a health certificate relating to the animals
concerned which conforms to one of the models in Annex F to the Council
Directive and which has been signed
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(i) in the case of exports, by an
inspector,
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(ii) in the case of imports, by an official veterinarian approved
for that purpose in the Member State of export.
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Trade in
animals where several destinations are involved
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5. A person shall not export or import, or attempt to export
or import, bovine animals or swine unless, in the case of animals destined
for several destinations
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( a ) the animals are grouped in as many consignments as
there are destinations,
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( b ) each such consignment is accompanied during
transportation by a health certificate which complies with the provisions of
paragraph (k) of Regulation 4,
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( c ) the recipient of the animals has been registered by the
competent authority in the Member State of destination in accordance with
Article 3(2) (i), second subparagraph, of the
Council Directive, and
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( d ) the transport operator has been approved in accordance
with Article 3(2)(i), second subparagraph, of the
Council Directive.
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Trade in
bovine animals for breeding or production
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6. A person shall not export or import, or attempt to export
or import, bovine animals for breeding or production unless, in addition to
the requirements of Regulation 4, they—
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( a ) come from an officially tuberculosis free bovine herd
and, in particular, in the case of animals more than six weeks old, have
reacted negatively to an intradermal tuberculin
test carried out during the 30 days preceding loading in accordance with the
provisions of Annex B to the Council Directive,
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( b ) come from an officially brucellosis free bovine herd
and, in particular, in the case of animals more than 12 months old, have
shown a brucella count lower than 30 international
units of agglutination per millilitre when given a sero-agglutination
test carried out during the 30 days preceding loading in accordance with the
provisions of paragraph A of Annex C to the Council Directive,
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( c ) (i) in the case of dairy
cows, show no clinical evidence of mastitis, and
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(ii) upon analysis in accordance with Annex D to the Council
Directive, their milk has not shown any sign of a characteristic
inflammatory condition or of a specifically pathogenic micro-organism,
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( d ) come from an enzootic bovine leukosis
free herd in accordance with Article 2(s) of the Council Directive, and
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( e ) in the case of animals over 12 months of age which come
from a region or Member State which does not have enzootic bovine leukosis free status, have reacted negatively to an
individual test carried out within 30 days preceding loading in accordance
with Annex G, Chapter II, to the Council Directive.
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Trade in
bovine animals less than 30 months of age for meat production
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7. (1) Notwithstanding the requirements of paragraphs (d)
and (e) of Regulation 6, the Minister may, where he is satisfied that -
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( a ) in the case of exports, the competent authority in the
Member State of destination has taken all the measures necessary to prevent
contamination of indigenous herds,
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( b ) in the case of imports, such measures as he may deem
necessary are in place to prevent contamination of herds in the State,
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authorise the import or export, as the case may be, of bovine
animals of less than 30 months of age intended for meat production, where
the animals—
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(i) come from a herd in which no case of
enzootic bovine leukosis has been notified and
confirmed within a period of two years prior to the date of import or
export, as the case may be, and
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(ii) are identified by a special mark approved for the purposes of
the Council Directive at the time of loading and remain, in the case of
imports, under the supervision of the Minister until they are slaughtered.
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(2) Notwithstanding the requirements of paragraphs (a) and
(b) of Regulation 6, the Minister may, where he is satisfied that
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( a ) in the case of exports, the competent authority in the
Member State of destination is satisfied that it has taken all the measures
necessary to prevent contamination of indigenous herds,
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( b ) in the case of imports, such measures as he may deem
necessary are in place to prevent contamination of herds in the State,
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authorise the import or export of bovine animals of less than 30
months of age intended for meat production, where the animals—
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(i) come from a herd which is officially
brucellosis free and officially tuberculosis free,
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(ii) are identified by a special mark approved for the purposes of
the Council Directive at the time of loading and remain, in the case of
imports, under the supervision of the Minister until they are slaughtered,
and
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(iii) have not and shall not come into contact during transport with
bovine animals other than those from herds which are officially brucellosis
free and officially tuberculosis free.
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(3) The Minister shall only authorise the import and export of animals
in accordance with paragraph (2) where he is satisfied that the Member State
of origin or destination, as the case may be, has the same health status as
the State as far as tuberculosis and brucellosis are concerned.
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Trade in
swine for breeding and production
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8. A person shall not export or import, or attempt to export
or import, swine for breeding or production unless they -
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( a ) come from brucellosis free stock, and
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( b ) in the case of swine for breeding aged more than four
months, they have during the 30 days preceding loading
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(i) shown, a brucella
count lower than 30 international units (IU) of
agglutination per millilitre when given a sero-agglutination
test in accordance with the provisions of Annex C to the Council Directive,
and
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(ii) given a negative complement fixation reaction when given a
serological examination in accordance with the provisions of Annex C to the
Council Directive.
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Trade in
bovine animals for slaughter
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9. A person shall not export or import, or attempt to export
or import, bovine animals for slaughter aged more than four months unless
they -
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( a ) in the case of animals which do not come from an
officially tuberculosis free bovine herd, have reacted negatively to an intradermal tuberculin test carried out during the 30
days preceding loading in accordance with the provisions of Annex B to the
Council Directive, and
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( b ) in the case of animals which do not come from an
officially brucellosis free bovine herd nor from a brucellosis free bovine
herd, have shown a brucella count lower than 30
international units (IU) of agglutination per
millilitre when given a sero-agglutination test
carried out during the 30 days preceding loading in accordance with the
provisions of paragraph A of Annex C to the Council Directive.
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Prohibition
on animals vaccinated against foot-and-mouth disease
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10. A person shall not export or import, or attempt to export
or import, bovine animals or swine which have been vaccinated against foot
and mouth disease.
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Prohibition
on swine from areas restricted for classical swine fever
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11. A person shall not export or import, or attempt to export
or import, swine which come from a holding or area which is subject to
restrictions for classical swine fever in conformity with Council Directive
80/217/EEC 7 of 22 January 1980 introducing Community measures
for the control of classical swine fever, as last amended by the Treaty of
Accession of Austria, Finland and Sweden.
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7O.J. No. L 47 of 21.2.1980, p. 11.
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Export of
animals from or through a collection centre or assembly point
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12. (1) The Minister may, on application to him in that
behalf by the owner or person in charge (in this Regulation referred to as
"the owner") of a collection centre or assembly point, if he is
satisfied that
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( a ) the collection centre or assembly point complies with
the provisions of the Council Directive,
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( b ) the application is a bona fide application and the
collection centre or assembly point has not been previously registered by
him, and
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( c ) the collection centre or assembly point is under the
supervision of an inspector,
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register the collection centre or assembly point for the purposes of
the Council Directive which may be limited to such class, species or type of
animal as he considers appropriate.
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(2) When the Ministers registers a collection centre or assembly point
in accordance with paragraph (1), he shall allocate a registration number to
it and shall notify the owner of
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( a ) the registration and the registration number,
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( b ) any terms or conditions attached to the registration
and, if he amends any terms or conditions of the registration, of the
amendments,
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( c ) the class, species or type of animal to which the
registration refers.
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(3) The Minister may specify the format of the application referred
to in paragraph (1) and, where he does so, it shall be a requirement of this
Regulation to furnish the application in the format so specified.
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(4) A person who applies for registration under this Regulation
shall furnish the Minister with such information as he may reasonably
require for the purposes of his functions under these Regulations and the
Council Directive.
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(5) The Minister may, if he is not satisfied that -
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( a ) the provisions of these Regulations or of the Council
Directive, or
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( b ) a term or condition referred to in paragraph (2),
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are being or have been complied with by the owner as respects the
collection centre or assembly point concerned, revoke the registration or
refuse to register the collection centre or assembly point in the register.
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(6) Where the Minister proposes to -
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( a ) refuse to grant, or revoke, a registration,
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( b ) attach a term or condition to a registration or amend
such a term or condition,
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he shall -
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(i) notify the owner concerned in writing
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(I) of the proposal and of the reasons therefor,
and
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(II) that he, or a person acting on his behalf, may make
representations to the Minister in relation to the proposal within 14 days
of the receipt by him of the notification,
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and
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(ii) consider any such representations duly made before deciding
whether to proceed with the proposal or not,
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(7) A person shall not export or attempt to export bovine animals or
swine from or through a collection centre or assembly point other than a
collection centre or assembly point which stands approved for the time being
under this Regulation to export animals of the class, species or type
concerned.
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Registration
of dealers engaged in intra-Community trade
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13. (1) The Minister may, on application to him in that
behalf by a dealer intending to engage in the import or export of bovine
animals or swine, register such dealer for the purposes of the Council
Directive in accordance with this Regulation.
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(2) When the Minister registers a dealer in accordance with
paragraph (1), he shall allocate a registration number to him and shall
notify the dealer of—
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( a ) the registration and the registration number,
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( b ) any terms or conditions attached to the registration
and, if he amends any terms or conditions of the registration, of the
amendments,
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( c ) the class, species or type of animal to which the
registration refers.
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(3) The Minister may specify the format of the application referred
to in paragraph (1) and, where he does so, it shall be a requirement of this
Regulation to furnish the application in the format so specified.
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(4) A person who applies for registration under this Regulation
shall furnish the Minister with such information as he may reasonably
require for the purposes of his functions under these Regulations and the
Council Directive.
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(5) The Minister may, if he is not satisfied that—
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( a ) the provisions of these Regulations or of the Council
Directive, or
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( b ) a term or condition referred to in paragraph (2),
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are being or have been complied with by the dealer, revoke the
registration or refuse to register the dealer in the register.
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(6) Where the Minister proposes to—
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( a ) refuse to grant, or revoke, a registration,
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( b ) attach a term or condition to a registration or amend
such a term or condition,
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he shall -
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(i) notify the person concerned in writing
-
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(I) of the proposal and of the reasons therefor,
and
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(II) that he, or a person acting on his behalf, may make
representations to the Minister in relation to the proposal within 14 days
of the receipt by him of the notification,
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and
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(ii) consider any such representations duly made before deciding
whether to proceed with the proposal or not.
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(7) Any person who deals in animals shall not export or import, or
attempt to export or import, bovine animals or swine unless he stands registered
for the time being in the register established by the Minister under this
Regulation.
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Isolation
of animals following importation
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14. (1) Any person who imports bovine animals or swine shall
ensure that they are isolated from any other animals at the holding of
destination until the veterinary surgeon responsible for that holding has
ascertained that the imported animals are not likely to jeopardise the
health status of the holding.
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(2) The provisions of paragraph (1) above shall not be applicable in
the case of imported animals which have been born on a given holding and
which have remained within the State for a period of thirty days following
importation.
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(3) This Regulation is applicable without prejudice to any checks
carried out on the imported animals by virtue of the European Communities
(Trade in Animals and Animal Products) Regulations, 1994.
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Application
of additional guarantees
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15. (1) Where a Member State applies additional guarantees in
accordance with Article 9 or 10 of the Council Directive, a person shall not
export, or attempt to export, bovine animals or swine to that Member State
unless they comply with the relevant requirements of those additional
guarantees.
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(2) A person shall not import, or attempt to import, bovine animals
or swine unless they comply with the additional guarantees in force in the
State in accordance with Article 9 or 10 of the Council Directive.
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Appointment
of authorised officers
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16. (1) The Minister may appoint such and so many persons as
he thinks fit to be authorised officers for the purposes of these
Regulations.
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(2) An authorised officer, when exercising any power conferred on
him by these Regulations, shall, if so requested by any person affected,
produce evidence in writing of his appointment as an authorised officer or
inspector.
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Powers of
authorised officers
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17. (1) An authorised officer may, for the purposes of these
Regulations and the Council Directive
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( a ) at all reasonable times, enter any premises or place,
and any vehicle, wagon, vessel, aircraft or other means of transport (other
than a premises, place or means of transport consisting of a dwelling or
other than so much thereof as consists of a dwelling) where he reasonably
suspects that there are or have been bovine animals or swine intended for
export or which are being or have been imported,
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( b ) there or at any other place, examine and inspect any
bovine animals or swine,
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( c ) take, without payment of compensation, such samples of
any animals (including blood, urine, faeces, milk, saliva, semen, tissue or
other thing) or of any article, substance or liquid at the premises or place
or on or in the means of transport as he may reasonably require for the
purposes of his functions under these Regulations or the Council Directive
and carry out or have carried out on the samples such analyses,
examinations, checks and inspections as he considers necessary or expedient
for the purposes of such functions,
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( d ) there or at any other place, carry out or have carried
out such examinations, checks and inspections of the premises, place or
means of transport and any equipment, machinery or plant and any other
article, substance or liquid found there as he reasonably considers
necessary or expedient for the purposes of such functions,
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( e ) require any person at the premises or place or on or in
the means of transport and the owner or person in charge thereof and any
person employed in connection therewith to give to him such information and
to produce to him such books, certificates, documents and other records as
he may reasonably require for the purposes of such functions,
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( f ) examine and take copies of, or of extracts from, any
such records as aforesaid,
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( g ) require the production of, take up and retain, where
required for the purposes of such functions, any health certificates or
other documents which have accompanied or are accompanying bovine animals or
swine and which are within the power or procurement of a person referred to
in paragraph (e),
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( h ) seize and detain any bovine animals or swine found
there which he reasonably believes to be intended for export or which are
being or have been imported and which he reasonably believes do not comply
with the requirements of these Regulations or the Council Directive,
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( i ) seize and detain anything found
there which he reasonably believes to be evidence of an offence under these
Regulations.
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(2) A person shall not, in purported compliance with a requirement
under paragraph (l)(e), give information to an authorised officer that he
knows to be false or misleading in a material respect.
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(3) The cost of the detention of any bovine animals or swine
pursuant to paragraph (l)(h) may be recovered by the Minister from the
person who was the owner thereof as a simple contract debt in any court of
competent jurisdiction.
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Period
during which bovine animals or swine may be detained
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18. (1) Bovine animals or swine may be detained by or at the
direction of an authorised officer pursuant to paragraph (1)(h) of
Regulation 17 pending the outcome of any criminal proceedings which may be
instituted in relation to the bovine animals or swine concerned, or
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( a ) in the case of bovine animals or swine intended for
export, until such time as the authorised officer is satisfied either that
they will not be exported or that they will be exported in accordance with
these Regulations and the Council Directive,
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( b ) in the case of bovine animals or swine which are being
or have been imported, until such time as the authorised officer is
satisfied that they are being or have been imported in accordance with these
Regulations and the Council Directive or until they are exported from the
State.
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(2) The provisions of paragraph (1) are applicable without prejudice
to the provisions of the European Communities (Trade in Animals and Animal
Products) Regulations, 1994.
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Offences
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19. (1) A person who contravenes a provision of these
Regulations shall be guilty of an offence and shall be liable on summary
conviction to a fine not exceeding £1,500 or to imprisonment for a term not
exceeding 6 months or to both.
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(2) A person shall not obstruct or impede an authorised officer in
the due exercise of any of the functions of the officer under these
Regulations.
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(3) Where an offence under these Regulations is committed by a body
corporate and is proved to have been so committed with the consent or
connivance of or to be attributable to any neglect on the part of any
person, being a director, manager, secretary or other officer of the body
corporate, or a person who was purporting to act in any such capacity, that
person, as well as the body corporate, shall be guilty of an offence and
shall be liable to be proceeded against and punished as if he were guilty of
the first-mentioned offence.
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Prosecution
of offences
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20. An offence under these Regulations may be prosecuted by
the Minister.
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Application
of the European Communities (Importation of Bovine Animals and Products
obtained from Bovine Animals from the United Kingdom) Regulations 1996 and
other provisions
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21. These Regulations are in addition to and not in
substitution for -
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( a ) the European Communities (Importation of Bovine Animals
and Products obtained from Bovine Animals from the United Kingdom)
Regulations, 1996 ( S.I. No. 87 of 1996 ), as amended, and
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( b ) such further provisions in relation to the import or
export of bovine animals or swine in force for the time being in the State.
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Amendment
of the European Communities (Trade in Animals and Animal Products)
Regulations, 1994
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22. The European Communities (Trade in Animals and Animal
Products) Regulations, 1994 ( S.I. No. 289 of 1994 ) are hereby amended by
the substitution in the Schedule to the Regulations for entry no. I of the
following:
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"Council Directive No. 64/432/EEC 9 of 26 June 1964,
as last amended by Council 0Directive No. 95/25/EC39 of 22 June
1995.".
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9O.J. No. 121 of 29.7.1964, p. 1977.
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39O.J. No. L 243 of 11.10.1995, p. 16.
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GIVEN under my
Official Seal, this 12th day of June, 1997.
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Ivan Yates,
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Minister for Agriculture, Food and Forestry.
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EXPLANATORY NOTE
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These Regulations implement Council Directive 64/432/EEC of 26 June 1964
on animal health problems affecting intra-Community trade in bovine animals
and swine, as last amended by Council Directives 94/42/EC of 27 July 1994
and 95/25/EC of 22 June 1995. They also provide for (a) the approval
of authorised officers to enforce the Regulations, and (b) the
prosecution of offences.
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