2004 No. 497
Horse Passports Regulations (Northern Ireland) 2004
Made
Coming into operation
The Department of Agriculture and Rural Development1 being designated2 for the purposes of section 2(2) of the European Communities Act 19723, 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 and commencement1
These Regulations may be cited as the Horse Passports Regulations (Northern Ireland) 2004 and shall come into operation on 10th January 2005.
Interpretation2
1
In these Regulations –
“the Department” means the Department of Agriculture and Rural Development;
“horse” means an animal of the equine or asinine species or crossbreeds of those species but does not include zebras;
“keeper” means a person appointed by the owner to have day-to-day charge of the horse;
“passport” means –
- a
the identification document for a horse issued by a passport-issuing organisation containing all the information required by regulation 8(2) or 8(3) or –
- b
in the case of such an identification document issued before the coming into operation of these Regulations but which does not contain the pages in Section IX of the passport, that document to which the Section IX pages have been attached in accordance with regulation 9
and “Section IX pages” means those pages;
- a
“passport-issuing organisation” has the meaning assigned under regulation 3;
“Regulation (EEC) No. 2377/90” means Council Regulation No. 2377/90/EEC of 26th June 1990 laying down a Community procedure for the establishment of maximum residue limits of veterinary products in foodstuffs of animal origin4;
“sell” includes any transfer of ownership;
“studbook” means any book, register, file or data medium –
- a
which is maintained by a recognised organisation, and
- b
in which horses of a given breed are entered or registered with mention of their ancestors.
- a
2
Any reference in these Regulations to a horse being registered with a recognised organisation shall be construed as the entry or registration of that horse in the studbook of that organisation.
3
The Interpretation Act (Northern Ireland) 19545 shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.
Organisations authorised to issue passports3
1
The following organisations (referred to in these Regulations as “passport-issuing organisations”) are authorised to issue passports –
a
an organisation authorised in writing by the Department under these Regulations to issue passports;
b
an organisation recognised by the Department under the Horses (Zootechnical Standards) Regulations (Northern Ireland) 19926; or
c
an organisation recognised in another part of the United Kingdom or another Member State either under Commission Decision 92/353/EEC (laying down the criteria for approval or recognition of organisations and associations which maintain or establish studbooks for registered equidae)7 or Commission Decision 2000/68/EC (amending Commission Decision 93/623/EEC and establishing the identification of equidae for breeding and production)8; or
d
an international association or organisation which manages horses for competition or racing and which –
i
is registered as such with the Department at the date of coming into operation of these Regulations; or
ii
is registered under an equivalent statutory provision in any other part of the United Kingdom; or
iii
registers with the Department under this regulation.
2
Any international association or organisation which manages horses for competition or racing in Northern Ireland and which is not already registered or recognised shall register as such with the Department.
3
The Department may by notice in writing withdraw authorisation under paragraph 1(a) or registration under paragraphs 1(d) or (2) if it is satisfied on reasonable grounds that an association or organisation is not complying with the provisions of the Regulations.
4
A person shall not issue a document which falsely purports to be a passport.
Powers and duties of passport-issuing organisations4
1
The passport-issuing organisation is “the competent authority” for the purposes of the passport.
2
A passport-issuing organisation may cancel a passport issued by it under these Regulations if it is satisfied on reasonable grounds that –
a
the provisions of these Regulations have not been or are not being complied with, or
b
the passport has not been properly completed or has been falsified in any way.
3
A passport-issuing organisation may at any reasonable time require any person in possession of a passport issued by it to produce it and surrender it.
Records5
1
A passport-issuing organisation in Northern Ireland shall maintain a record of –
a
information contained in applications for passports and Section IX pages;
b
any change of ownership of a horse; and
c
notification of the death of a horse
and shall keep this record until three years after it has received notification of the death of the horse.
2
A passport-issuing organisation shall supply to the Department information from its records in such form and at such intervals as the Department may require by notice in writing.
Application for a passport6
1
An application for a passport shall be made –
a
by the owner of the horse;
b
in writing to a passport-issuing organisation; and
c
in the format specified by that organisation.
2
A person shall not apply for more than one passport for any horse other than a replacement passport.
Time limits for obtaining a passport7
1
The owner of a horse which was born on or before the date on which these Regulations came into operation who does not already have a passport for that horse shall obtain a passport for it before 28th February 2005.
2
The owner of a horse born after the date on which these Regulations came into operation shall obtain a passport for it on or before 31st December of the year of its birth, or by six months after its birth, whichever is the later.
Issue of a passport8
1
On application, and provided all its requirements are complied with, the passport-issuing organisation shall issue to the owner a passport duly completed in the format set out in the Schedule.
2
In the case of a horse either registered or eligible for entry in a studbook of a recognised organisation in accordance with Article 2(c) of Council Directive 90/426/EEC9 on animal health conditions governing the movement and import from third countries of equidae, the passport shall contain all of its Sections.
3
In any other case the passport shall contain at least Sections I to IV and IX of the Schedule but may contain more Sections or all of the Sections.
Section IX pages for existing passports9
1
In the case of a horse born before these Regulations come into operation which already has an identification document issued by a passport-issuing organisation containing all the information required by regulation 8(2) or 8(3) except for the Section IX pages, a passport may consist of that identification document together with the Section IX pages obtained by the owner from a passport-issuing organisation, provided that the applicant –
a
obtains them before 28th February 2005, and
b
attaches them to the identification document.
2
Regulation 6 applies to an application for Section IX pages as it applies to an application for a passport.
3
The Section IX pages shall contain the same number or alphanumeric code as in Section II of the original identification document.
Multiple registration and cancellation of registration10
1
Where the owner of a horse –
a
which is registered with a passport-issuing organisation; and
b
in respect of which a passport has been issued,
wishes to register that horse with another passport-issuing organisation, he shall send that passport to the other passport-issuing organisation and, upon receipt thereof, the other organisation shall, if it registers the horse with it, endorse the fact thereon.
2
Where the owner of a horse –
a
which is registered with one or more passport-issuing organisations; and
b
in respect of which a passport has been issued,
wishes to cancel the registration of that horse with a passport-issuing organisation, he shall send the passport for that horse to that organisation and that organisation shall, upon receipt thereof, endorse on the passport the fact that the registration of that horse with that organisation has been cancelled and return the passport to the owner of the horse.
3
Where a passport-issuing organisation issues a passport to the owner of a horse, that owner shall within 30 days of receipt of that passport send it to any other passport-issuing organisation with which that horse is registered and upon receipt of that passport that other organisation shall endorse on it the fact that the horse is registered with that organisation.
Identification11
1
The passport-issuing organisation when issuing a passport shall identify the horse with a number or alphanumeric code not previously used by that organisation.
2
It shall record that number or alphanumeric code in Sections II and IX of the passport.
Language of passports12
1
Sections I to VIII of passports issued in Northern Ireland shall be in English and French.
2
Section IX shall be in English.
3
A passport or any part of it may also be in an additional language.
Horses entering Northern Ireland13
1
The owner (or, in the case of an owner living outside Northern Ireland, the keeper) of a horse brought into Northern Ireland without a passport issued by a passport-issuing organisation (or with a document which would be a passport but for the fact that it does not contain Section IX) shall apply to a passport-issuing organisation for a passport or the Section IX pages within 30 days of the horse being brought into Northern Ireland.
2
On receipt of an application under paragraph (1) which complies with the requirements of the passport-issuing organisation, that organisation shall issue a passport or Section IX pages, as appropriate.
3
A passport or Section IX pages issued under paragraph (2) shall state that the horse is not intended for slaughter for human consumption.
4
This regulation shall not apply in relation to a horse which remains in Northern Ireland for less than 30 days.
Declaration concerning slaughter for human consumption14
1
Subject to the following provisions of this regulation, an owner may at any time sign the declaration in Section IX concerning whether or not the animal is intended for slaughter for human consumption, or may choose not to sign it.
2
An owner must sign the declaration before any veterinary medicinal product containing a substance specified in Annex IV to Council Regulation (EEC) No. 2377/90 is administered to a horse and must indicate that the horse is not intended for slaughter for human consumption (unless the declaration has already been so signed).
3
An owner must sign the declaration before the horse is consigned for slaughter for human consumption (in which case the declaration must state that the horse is intended for slaughter for human consumption).
4
An owner must sign the declaration and ensure that is is contersigned by a passport-issuing organisation or the Department before the horse is sent outside Northern Ireland.
Prohibitions15
1
A person shall not –
a
destroy or deface a passport;
b
alter any entry made in Section I of the passport;
c
alter any of the details in Section II or III of the passport unless authorised in writing to do so by the passport-issuing organisation which issued it;
d
make an entry in Section IV of the passport except in accordance with the rules and regulations of a passport-issuing organisation, and a person shall not alter any entry;
e
alter any details in Sections V – IX of the passport;
f
change a declaration in Section IX that a horse is not intended for slaughter for human consumption (but if the declaration shows that the horse is intended for slaughter for human consumption, an owner may subsequently declare that the horse is not intended for slaughter for human consumption, in which case the horse shall not be slaughtered for human consumption).
2
A person shall not have possession of a document which falsely purports to be a passport.
3
In proceedings against a person for an offence of failing to comply with paragraph (2) it is a defence for him to prove that he was not aware that the document was not a passport.
Replacement of a lost or damaged passport16
1
Where a passport has been lost or damaged, the owner of the horse to which it relates shall, within 30 days of the loss or damage being discovered, apply for a replacement passport for that horse –
a
where the passport-issuing organisation which issued the passport is known, to that organisation; or
b
where the passport-issuing organisation which issued the passport is not known, to any passport-issuing organisation.
2
The passport-issuing organisation applied to under paragraph (1) shall issue a replacement horse passport marked with the word “Replacement”.
3
If all the original information in Section IX is legible, the replacement passport shall repeat that information.
4
If any information in Section IX is illegible, the passport-issuing organisation shall indicate in the replacement passport that the horse is not intended for slaughter for human consumption by completing Part II of that Section.
5
A passport-issuing organisation which issues a replacement passport under paragraph (2) shall ensure, in so far as the information is available or legible, that all the details relating to the identity of the horse and its veterinary treatment contained in Sections II to VII of the original passport are included in the replacement passport.
Restrictions on the use of horses without passports17
After 28th February 2005 a person shall not, in relation to a horse for which a passport should have been issued –
a
use such a horse for the purposes of competition or breeding;
b
move such a horse out of Northern Ireland; or
c
move such a horse on to the premises of a new keeper,
unless the horse is accompanied by its passport.
Requirements on persons administering veterinary medicinal products18
1
Where a veterinary medicinal product is to be administered to a horse, the person in possession of its passport shall make it available to the veterinary surgeon or other person administering the product.
2
The veterinary surgeon or other person administering the veterinary medicinal product shall –
a
satisfy himself that the horse is the one described in the passport;
b
if the passport contains Sections V and VI, record in the appropriate section any vaccine given, and if it contains Section VII, record the results of any laboratory health tests carried out for transmissible diseases;
c
if the passport shows that the horse is intended for slaughter for human consumption, complete Part III-B of Section IX of the passport if the product administered contains a substance not included in Annexes I, II, III or IV to Council Regulation (EEC) No. 2377/9010 for administration to horses; and
d
if the product contains any substance listed in Annex IV to Council Regulation (EEC) No. 2377/90, ensure that Part II of Section IX of the passport is signed to indicate that the horse is not intended for human consumption.
3
In the case of a horse in relation to which a passport has not yet been obtained or is unavailable for any reason, or in relation to which the veterinary surgeon or other person administering the veterinary medicinal product is not satisfied that the horse is the one described in the passport, the veterinary surgeon or other person administering the veterinary medicinal product shall give to the keeper –
a
a written record of the treatment of any product containing a substance not included in Annexes I, II, III or IV to Council Regulation (EEC) No. 2377/90 for administration to horses, and written notification that these must be recorded in the passport; and
b
if the product administered contains a substance specified in Annex IV to that Council Regulation, written notification to that effect and also that the declaration at Section IX, Part II must be signed to indicate that the horse may not be slaughtered for human consumption,
and the keeper shall give the information to the owner.
4
Following the receipt of a written record or notice by the keeper of treatment under paragraph (3), the owner shall, as soon as the passport becomes available –
a
enter any information received under paragraph (3)(a) in the passport unless he immediately signs the declaration in the passport that the horse is not intended for slaughter for human consumption; and
b
if a product containing a substance specified in Annex IV to Council Regulation (EEC) No. 2377/90 has been administered, immediately sign the declaration in the passport that the horse is not intended for slaughter for human consumption.
Duties of owners19
1
After 28th February 2005 a person shall not sell a horse unless it is accompanied by its passport.
2
On the sale of a horse, the seller shall give the passport to the buyer or, at auction sales, the auctioneer shall give the passport to the buyer.
3
The new owner or his representative shall, within 30 days of purchase, send to the passport-issuing organisation which issued the passport –
a
the name and address of the new owner; and
b
the name and identification number or alphanumeric code of the horse as entered in Sections II and IX of the passport,
and shall complete Section I of the passport in accordance with the rules of the passport-issuing organisation.
4
A person in possession of a passport shall produce it on reasonable demand to the passport-issuing organisation which issued it and shall surrender it on reasonable demand to that organisation.
5
An owner of a horse which dies or is slaughtered shall send its passport to the passport-issuing organisation which issued it within 30 days of the death.
Slaughter for human consumption20
1
After 28th February 2005 a person shall not slaughter a horse for human consumption or consign it for such slaughter unless it is accompanied by its passport and the declaration in Section IX shows that the animal is intended for slaughter for human consumption, and that all withdrawal periods relating to veterinary medicines given to the horse are complied with.
2
In this regulation –
“withdrawal period” means at least six months following the date of the last treatment with medicinal products containing substances other than those listed in Annexes I, II or III to Regulation (EEC) No. 2377/90. Such treatment must be entered in Section IX, Part III-B of the passport.
Powers of authorised officers21
1
An authorised officer shall, on producing, if required to do so, a duly authenticated document showing his authority, have the right at all reasonable times to enter any land or premises (other than premises used exclusively as a dwelling) or to stop and detain any vehicle for the purposes of administering and enforcing these Regulations.
2
An authorised officer may –
a
require the production of a passport;
b
carry out any enquiries;
c
have access to, and inspect and copy any records (in whatever form they are held) kept under these Regulations;
d
remove such records to enable them to be copied;
e
have access to, inspect and check the operation of any computer and any associated apparatus or material which is or has been in use in connection with the records; and for this purpose may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away;
f
mark any animal or thing for identification purposes; and
g
take with him –
i
such other persons as he considers necessary; and
ii
any representative of the European Commission properly interested in the administration of these Regulations.
3
A person shall not deface, obliterate or remove any mark applied under paragraph (2) except under the written authority of an authorised officer.
4
If an authorised officer enters any unoccupied premises he shall leave them as effectively secured against unauthorised entry as he found them.
5
In this regulation –
i
“authorised officer” means any person authorised by the Department to enforce these Regulations; and
ii
“premises” includes any vehicle or container.
Obstruction22
A person shall not –
a
intentionally obstruct any person acting in the execution of these Regulations;
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the performance of his functions under these Regulations;
c
furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading; or
d
fail to produce a record when required to do so to any person acting in the execution of these Regulations.
Offences23
1
It shall be an offence for any person or organisation to fail to comply with –
a
regulation 3(4) (issue of a document purporting to be a passport);
b
regulation 6(2) (applying for more than one passport for a horse);
c
regulation 7 (time limits for obtaining a passport);
d
regulation 10 (multiple registration and cancellation of registration);
e
regulation 13(1) (bringing a horse into Northern Ireland);
f
regulation 14(2), 14(3) or 14(4) (signing the declaration relating to slaughter for human consumption);
g
regulation 15(1) (alteration of a passport) or 15(2) (possession of a document purporting to be a passport);
h
regulation 16(1) (application for a replacement passport);
i
regulation 17 (restrictions on the use of a horse without a passport);
j
regulation 18 (administration of veterinary medicinal products);
k
regulation 19 (duties of owners);
l
regulation 20 (slaughter for human consumption);
m
regulation 22 (obstruction).
2
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of –
a
any director, manager, secretary or other similar person of the body corporate, or
b
any person who was purporting to act in such capacity,
that person, as well as the body corporate, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
3
For the purposes of paragraph (2), “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
4
Where an organisation which is not a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of any officer of that organisation, that person, as well as the organisation, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Penalties24
1
A person or organisation guilty of an offence of failing to comply with regulation 3(4) (issue of a document purporting to be a passport), regulation 18(2)(c), 18(2)(d) or 18(4) (completion of the passport following administration of a veterinary medicinal product) or regulation 20 (slaughter for human consumption) shall be liable –
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or to both; or
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
2
A person guilty of any other offence under these Regulations shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Revocation25
The Horse Passports Regulations (Northern Ireland) 1999 are hereby revoked.
Sealed with the Official Seal of the Department of Agriculture and Rural Development on 2nd December 2004.
SCHEDULEIDENTIFICATION DOCUMENT FOR REGISTERED EQUIDAE
PASSPORT
General instructions
- I
Passports must contain all instructions needed for their use and the details of the competent authority which issued them.
- II
Information shown on passports
- A
Passports must contain the following information –
- 1
Section I:
Owner
The name of the owner or his agent must be stated.
- 2
Sections II and III:
Identification
The equid must be identified by the competent authority.
- 3
Section IV:
Recording of identity checks
Whenever laws and regulations so require, checks conducted on the identity of the equid must be recorded by the competent authority.
- 4
Sections V and VI:
Vaccination record
All vaccinations must be recorded in Section V (equine influenza only) and in Section VI (all other vaccinations).
- 5
Section VII:
Laboratory health tests
The results of all tests carried out to detect transmissible diseases must be recorded.
- 6
Section IX:
Medicinal Treatment
Part I and Part II or Part III of this Section must be duly completed in accordance with the instructions provided in this Section.
- 1
- B
Passports may contain the following information –
Section VIII:
Basic health requirements
Section VIII states the basic health requirements.
It lists the diseases which must be noted on the health certificate.
- A
SECTION I
Détails de droit de propriété
1
Pour les compétitions, la nationalité du cheval est celle de son propriétaire.
2
En cas de changement de propriétaire, le passeport doit être immédiatement déposé auprès de l'organisation, l'association ou le service officiel l'ayant délivré avec le nom et l'adresse du nouveau propriétaire afin de le lui transmettre après réenregistrement.
3
S'il y a plus d'un propriétaire ou si le cheval appartient à une société, le nom de la personne responsable pour le cheval doit être inscrit dans le passeport ainsi que sa nationalité. Si les propriétaires sont de nationalités différentes, ils doivent préciser la nationalité du cheval.
4
Lorsque la Fédération équestre internationale approuve la location d'un cheval par une Fédération équestre nationale, les détails de ces transactions doivent être enregistrés par la Fédération équestre nationale intéressée.
Details of ownership
1
For competitive purposes, the nationality of the horse is that of its owner.
2
On change of ownership the passport must immediately be lodged with the issuing organisation, association or official agency, giving the name and address of the new owner, for re-registration and forwarding to the new owner.
3
If there is more than one owner or the horse is owned by a company, then the name of the individual responsible for the horse must be entered in the passport together with his nationality. If the owners are of different nationalities, they have to determine the nationality of the horse.
4
When the Fédération équestre internationale approves the leasing of a horse by a national equestrian federation, the details of these transactions must be recorded by the national equestrian federation concerned.
SECTION II
SECTION III
SECTION IV
Contrôles d'identité du cheval décrit dans ce passeport
L'identité du cheval doit être contrôlée chaque fois que les lois et règlements l'exigent: signer cette page signifie que le signalement du cheval présenté est conforme à celui de la page du signalement.
Identification of the horse described in this passport
The identity of the horse must be checked each time this is required by rules and regulations and certified that it conforms with the description given on the diagram page of its passport.
SECTION V
Grippe équine seulement
Enregistrement des vaccinations
Toute vaccination subie par le cheval doit être portée dans le cadre ci-dessous de façon lisible et précise avec le nom et la signature du vétérinaire.
Equine influenza only
Vaccination record
Details of every vaccination which the horse undergoes must be entered clearly and in detail, and certified with the name and signature of the veterinarian.
SECTION VI
Maladies autres que la grippe équine
Enregistrement des vaccinations
Toute vaccination subie par le cheval doit être portée dans le cadre ci-dessous de façon lisible et précise avec le nom et la signature du vétérinaire.
Diseases other than equine influenza
Vaccination record
Details of every vaccination which the horse undergoes must be entered clearly and in detail, and certified with the name and signature of the veterinarian.
SECTION VII
Contrôles sanitaires effectués par des laboratoires
Le résultat de tout contrôle effectué par un vétérinaire pour une maladie transmissible ou par un laboratoire agréé par le service vétérinaire gouvernemental du pays doit être noté clairement et en détails par le vétérinaire qui représente l'autorité demandant le contrôle.
Laboratory health test
The result of every test carried out for a transmissible disease by a veterinarian or a laboratory authorised by the government veterinary service of the country must be entered clearly and in detail by the veterinarian acting on behalf of the authority requesting the test.
SECTION VIII
SECTION IX
(This note is not part of the Regulations.)