Identification and Notification of Cattle Regulations (Northern Ireland) 2004

Statutory Rules of Northern Ireland

2004 No. 420

EUROPEAN COMMUNITIES

ANIMALS

Identification and Notification of Cattle Regulations (Northern Ireland) 2004

Made

4th October 2004

Coming into operation

1st November 2004

The Department of Agriculture and Rural Development, being a Department designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on it by the said section 2(2) and of every other power enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Identification and Notification of Cattle Regulations (Northern Ireland) 2004 and shall come into operation on 1st November 2004.

(2) The Interpretation Act (Northern Ireland) 1954(3) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Amendment of the Cattle Identification (No. 2) Regulations (Northern Ireland) 1998

2.—(1) The Cattle Identification (No. 2) Regulations (Northern Ireland) 1998(4) shall be amended as provided in this regulation.

(2) In regulation 2(1) for the definition of “the Council Regulation” there shall be substituted the following definition –

““the Council Regulation” means Regulation (EC) No. 1760/2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No. 820/97;”.

(3) After regulation 7 there shall be inserted the following regulation –

“Transfer of ear tags

7A.   A person shall not, except with the permission of the Department –

(a) transfer an ear tag attached to an animal under Article 4.1 of the Council Regulation or under the provisions of the 1964 Order, from an animal or a carcase to any other animal

or

(b) use for identifying any animal an eartag which has at any time already been used for identifying any other animal.”.

(4) In regulation 15(1) –

(a) for the words “Article 21” there shall be substituted the words “Article 22.1”; and

(b) after the word “cattle” there shall be inserted the words “to or”.

(5) After regulation 17(2) there shall be added the following paragraph –

“(3) For the purposes of Article 18(6) of the Diseases of Animals (Northern Ireland) Order 1981(5) any offence against these Regulations shall be deemed to be an offence against that Order.”.

Amendment of the Cattle Identification (Enforcement) Regulations (Northern Ireland) 1998

3.—(1) The Cattle Identification (Enforcement) Regulations (Northern Ireland) 1998(6) shall be amended as provided in this regulation.

(2) In regulation 2(1) for the definition of “the Council Regulation” there shall be substituted the following definition –

““the Council Regulation” means Regulation (EC) No. 1760/2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No. 820/97;”.

(3) In Regulation 3(3) for the words “Council Regulation 820/97/EC” there shall be substituted the words “ the Council Regulation”.

(4) After regulation 7(2) there shall be added the following paragraph –

“(3) For the purposes of Article 18(6) of the Diseases of Animals (Northern Ireland) Order 1981 any offence against these Regulations shall be deemed to be an offence against that Order.”.

Amendment of the Cattle Identification (Notification of Births, Deaths and Movements) Regulations (Northern Ireland) 1999

4.—(1) The Cattle Identification (Notification of Births, Deaths and Movements) Regulations (Northern Ireland) 1999(7) shall be amended as provided in this regulation.

(2) In regulation 2(1) for the definition of “the Council Regulation” there shall be substituted the following definition –

• “the Council Regulation means Regulation (EC) No. 1760/2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No. 820/97;”.

(3) In regulation 5 for paragraph (1) there shall be substituted the following paragraph –

“(1) Any person who fails to comply with the requirement to notify the birth, movement or death of any animal in accordance with the second indent of Article 7.1 of the Council Regulation either in the manner provided for in, or within the time limits specified by, these Regulations shall be guilty of an offence.”.

(4) In regulation 12 for the words “second paragraph of Article 21” there shall be substituted the words “second indent of Article 22.1”.

(5) After regulation 14(2) there shall be added the following paragraph –

“(3) For the purposes of Article 18(6) of the Diseases of Animals (Northern Ireland) Order 1981 any offence against these Regulations shall be deemed to be an offence against that Order.”.

Amendment of the Cattle Passport Regulations (Northern Ireland) 1999

5.—(1) The Cattle Passport Regulations (Northern Ireland) 1999(8) shall be amended as provided in this regulation.

(2) In Regulation 2(2) for the definition of “the Council Regulation” there shall be substituted the following definition –

““the Council Regulation” means Regulation (EC) No. 1760/2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No. 820/97;”.

(3) Regulation 13 shall be renumbered regulation 13 (1) and after that paragraph there shall be added the following paragraph –

“(2) For the purposes of Article 18(6) of the Diseases of Animals (Northern Ireland) Order 1981 any offence against these Regulations shall be deemed to be an offence against that Order.”.

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 4th October 2004.

L.S.

Liam McKibben

A Senior Officer of the

Department of Agriculture and Rural Development

Explanatory Note

(This note is not part of the Regulations.)

The Regulations amend regulations 2(1), 7, 15 and 17 respectively of the Cattle Identification (No. 2) Regulations (Northern Ireland) 1998 (“the 1998 Regulations”) so as to –

(a) substitute reference to Council Regulation 820/97 (O.J. No. L117, 7.5. 1997, p. 1) establishing a system for the identification and registration of bovine animals and regarding the labelling of beef products with reference to Regulation (EC) No. 1760/2000 (O.J. No. L204, 11.8.2000, p. 1) establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) 820/97;

(b) make it an offence for a person, except with the permission of the Department, to transfer an ear tag from an animal or carcase to any other animal or to use for identifying any animal an ear tag which had previously been used to identify another animal;

(c) permit the Department of Agriculture and Rural Development to serve a notice on a keeper of animals restricting the movement of cattle onto a holding; and

(d) deem any offence against the 1998 Regulations to also be an offence against Article 18(6) of the Diseases of Animals (Northern Ireland) Order 1981 for the purpose of withholding compensation or other payment in respect of an animal slaughtered under that Order (regulation 2).

Amendments for a purpose similar to (a) and (d) above are made to the Cattle Identification (Enforcement) Regulations (Northern Ireland) 1998, the Cattle Identification (Notification of Births, Deaths and Movements) Regulations (Northern Ireland) 1999 and the Cattle Passport Regulations (Northern Ireland) 1999 (regulations 3, 4(2) and 5).

The Cattle Identification (Notification of Births, Deaths and Movements) Regulations are further amended so as to make it an offence under regulation 5(1) to fail to notify the birth, movement or death of any animal either in the manner provided for in, or within the time limits specified by, the Regulations (regulation 4(3)).

(1)

S.I. 2000/2812

(2)

1972 c. 68

(3)

1954 c. 33 (N.I.)

(4)

S.R. 1998 No. 279 as amended by S.R. 1999 No. 324

(5)

S.I. 1981/1115 (N.I. 22) to which there are amendments not relevant to these Regulations.

(6)

S.R. 1998 No. 27 as amended by S.R. 1998 No. 279 and S.R. 1999 No. 265

(7)

S.R. 1999 No. 265

(8)

S.R. 1999 No. 324