Statutory Rules of Northern Ireland
2019 No. 82
Agriculture
Animals
The Animal Health and Welfare (Amendment) Regulations (Northern Ireland) 2019
Made
9th April 2019
Coming into operation -
11th April 2019
The Department of Agriculture, Environment and Rural Affairs(1) is designated(2) for the purpose of section 2(2) of the European Communities Act 1972(3) in relation to common agricultural policy of the European Union and makes these Regulations in exercise of powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, that Act.
PART 1
Citation, commencement and interpretation
1. These Regulations may be cited as the Animal Health and Welfare (Amendment) Regulations (Northern Ireland) 2019 and shall come into operation on 11th April 2019.
2. The Interpretation Act (Northern Ireland) 1954(4) shall apply to these Regulations as it applies to an Act of the Assembly.
PART 2Amendments to the Identification provisions
3.—(1) Schedule 1 amends the Identification Provisions.
(2) For the purposes of these Regulations, “the Identification Provisions” means—
(a)the Cattle Identification (Enforcement) Regulations (Northern Ireland) 1998(5)
(b)the Cattle Identification (No. 2) Regulations (Northern Ireland) 1998(6);
(c)the Cattle Identification (Notification of Births, Deaths and Movements) Regulations (Northern Ireland) 1999(7);
(d)the Cattle Passport Regulations (Northern Ireland) 1999(8); and
(e)the Sheep and Goats (Records, Identification and Movement) Order (Northern Ireland) 2009(9).
PART 3Amendments to the Welfare Provisions
4.—(1) Schedule 2 amends the Welfare Provisions.
(2) For the purposes of the these Regulations, “the Welfare Provisions” means—
(a)the Welfare of Animals (Transport) Regulations (Northern Ireland) 2006(10);
(b)the Welfare of Animals (Permitted Procedures by Lay Persons) Regulations (Northern Ireland) 2012(11); and
(c)the Welfare of Farmed Animals Regulations (Northern Ireland) 2012(12).
PART 4Amendments to the Exotic Disease Provisions
5.—(1) Schedule 3 amends the Exotic Disease Provisions.
(2) For the purposes of these Regulations, “the Exotic Disease Provisions” means—
(a)the Diseases of Animals (Northern Ireland) Order 1981(13);
(b)the Bovine Leucosis Scheme Order (Northern Ireland) 1995(14);
(c)the African Swine Fever Order (Northern Ireland) 2003(15);
(d)the Brucellosis Control Order (Northern Ireland) 2004(16);
(e)the Brucellosis (Examination and Testing) Scheme Order (Northern Ireland) 2004(17);
(f)the Foot-and-Mouth Disease Regulations (Northern Ireland) 2006(18);
(g)the Foot-and-Mouth Disease (Control of Vaccination) Regulations (Northern Ireland) 2006(19);
(h)the Avian Influenza and Influenza of Avian Origin in Mammals Regulations (Northern Ireland) 2007(20);
(i)the Avian Influenza (Vaccination) Regulations (Northern Ireland) 2007(21);
(j)the Avian Influenza (Preventive Measures) Regulations (Northern Ireland) 2007(22);
(k)the Avian Influenza (H5N1 in Poultry) Regulations (Northern Ireland) 2007(23);
(l)the Avian Influenza (H5N1 in Wild Birds) Regulations (Northern Ireland) 2007(24);
(m)the Diseases of Animals (Approval of Disinfectants) Order (Northern Ireland) 2008(25);
(n)the Bluetongue Regulations (Northern Ireland) 2008(26);
(o)the Products of Animal Origin (Disease Control) Regulations (Northern Ireland) 2008(27);
(p)the Aujeszky’s Disease Order (Northern Ireland) 2012(28); and
(q)the African Horse Sickness Regulations (Northern Ireland) 2013(29).
PART 5Amendments to the Zoonotic Disease Provisions
6.—(1) Schedule 4 amends the Zoonotic Disease Provisions.
(2) For the purposes of these Regulations, “the Zoonotic Disease Provisions” means—
(a)the Diseases of Poultry Scheme Order (Northern Ireland) 1995(30);
(b)the Diseases of Poultry Order (Northern Ireland) 1995(31);
(c)the Tuberculosis Control Order (Northern Ireland) 1999(32);
(d)the Control of Salmonella in Poultry Scheme Order (Northern Ireland) 2008(33);
(e)the Zoonoses (Monitoring) Regulations (Northern Ireland) 2008(34);
(f)the Scrapie (Fees) Regulations (Northern Ireland) 2008(35);
(g)the Control of Salmonella in Broiler Flocks Scheme Order (Northern Ireland) 2009(36);
(h)the Control of Salmonella in Turkey Flocks Scheme Order (Northern Ireland) 2010(37); and
(i)the Zoonoses (Fees) Regulations (Northern Ireland) 2011(38).
PART 6Amendments to the Trade Related Provisions
7.—(1) Schedule 5 amends the Trade Related Provisions.
(2) For the purposes of these Regulations, “the Trade Related Provisions” means—
(a)the Rabies (Importation of Dogs, Cats and Other Mammals) Order (Northern Ireland) 1977(39);
(b)the Artificial Insemination of Cattle Regulations (Northern Ireland) 1988(40);
(c)the Artificial Insemination of Pigs (EEC) Regulations (Northern Ireland) 1993(41);
(d)the Animals (Post–Import Control) Order (Northern Ireland) 1993(42);
(e)the Artificial Breeding of Sheep and Goats (EEC) Regulations (Northern Ireland) 1994(43);
(f)the Bovine Embryo Collection, Production and Transplantation Regulations (Northern Ireland) 1996(44);
(g)the Official Controls (Animals, Feed and Food) Regulations (Northern Ireland) 2007(45);
(h)the Trade in Animals and Related Products Regulations (Northern Ireland) 2011(46);
(i)the Non-Commercial Movement of Pet Animals Order (Northern Ireland) 2011(47): and
(j)the Animal By-Products (Enforcement) Regulations (Northern Ireland) 2015(48).
Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 9th April 2019
Jackie Robinson
A senior officer of the Department of Agriculture, Environment and Rural Affairs
SCHEDULES
Regulation 3(1)
SCHEDULE 1Amendments to the Identification Provisions
Amendments to the Cattle Identification (Enforcement) Regulations (Northern Ireland) 1998
1. The Cattle Identification (Enforcement) Regulations (Northern Ireland) 1998 are amended as follows.
2. In regulation 2(1) (interpretation), in the definition of “the Council Regulation”, after “820/97” insert “, as last amended by Council Regulation (EU) No. 653/2014”.
3. In regulation 3(3) (enforcement of the Council Regulation), for “4.5, 4.6” substitute “4.2, 4d”.
4. In regulation 5(1) (powers of an officer of the Department), for “21” substitute “22”.
Amendments to the Cattle Identification (No. 2) Regulations (Northern Ireland) 1998
5. The Cattle Identification (No. 2) Regulations (Northern Ireland) 1998 are amended as follows.
6. In regulation 2(1) (interpretation)—
(a)after the definition of “approved eartag” insert—
““Council Directive 91/496/EEC” means Council Directive 91/496/EEC laying down the principles governing the organization of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC, as amended by Council Directive 96/43/EEC, Council Directive 2006/104/EC and Council Directive 2008/73/EC;”;
(b)in the definition of “the Council Regulation”, after “820/97” insert “, as last amended by Council Regulation (EU) No. 653/2014”;
(c)for the definition of “the Commission Regulation” substitute—
““the Commission Regulation” means “Commission Regulation (EC) No 911/2004 implementing Regulation (EC) No 1760/2000 as regards eartags, passports and holding registers, as last amended by Commission Implementing Regulation (EU) No 2017/949;”; and
(d)in alphabetical order insert—
““the Commission Regulation (EC) No. 494/98” means Commission Regulation (EC) No 494/98 laying down detailed rules for the implementation of Council Regulation (EC) No 820/97 as regards the application of minimum administrative sanctions in the framework of the system for the identification and registration of bovine animals, as amended by Commission Regulation (EU) No 1053/2010;”.
7. In regulation 3 (enforcement of Article 4 of the Council Regulation)—
(a)in paragraph (1)(a), for “Article 4.5” substitute “Article 4d”; and
(b)in paragraphs (3) and (4), for “Article 4.2” substitute “Article 4a”.
8. In regulation 5(1) (movement from a holding), for “the third indent of Article 4.2” substitute “Article 4a.1”.
9. In regulation 6 (replacement eartags), in paragraph (1)(a), for “Article 4.4 or 4.5” substitute “Article 4c.1 or 4d”.
10. In regulation 9 (imports from third countries), in paragraph (1), for “4.3” substitute “4b.2” and omit “(laying down the principles governing the organisation of veterinary checks on animals entering the Community)”.
11. In regulation 10 (transitional provisions relating to eartags), omit paragraphs (1), (2) and (4).
12. In regulation 16 (obstruction), in paragraph (1)(a) and (b), for “Council” substitute “Commission”.
Amendments to the Cattle Identification (Notification of Births, Deaths and Movements) Regulations (Northern Ireland) 1999
13. In the Cattle Identification (Notification of Births, Deaths and Movements) Regulations (Northern Ireland) 1999, in regulation 2(2) (interpretation)—
(a)for the definition of “the Commission Regulation” substitute—
““the Commission Regulation” means “Commission Regulation (EC) No 911/2004 implementing Regulation (EC) No 1760/2000 of the European Parliament and of the Council as regards eartags, passports and holding registers, as last amended by Commission Implementing Regulation (EU) No 2017/949;”; and
(b)in the definition of “the Council Regulation”, after “820/97” insert “, as last amended by Council Regulation (EU) No 653/2014”.
Amendments to the Cattle Passport Regulations (Northern Ireland) 1999
14. The Cattle Passport Regulations (Northern Ireland) 1999 are amended as follows.
15. In regulation 2(2) (interpretation)—
(a)for the definition of “cattle passport” substitute—
““cattle passport” means a document issued by the appropriate competent authority containing the information set out in Article 6.1 of Commission Regulation (EC) No 911/2004 (laying down detailed rules for the implementation of Council Regulation (EC) No. 1760/2000 as regards eartags, holding registers and passports in the framework of the system for the identification and registration of bovine animals), as last amended by Council Regulation (EU) No. 653/2014”;”; and
(b)in the definition of “the Council Regulation”, after “820/97” insert “, as last amended by Council Regulation (EU) No 653/2014”.
16. In regulation 5 (consignment of animals out of Northern Ireland), omit “In accordance with Article 6.3 of the Council Regulation” and after “Commission Regulation (EC) No. 911/2004” insert “(as last amended by Commission Implementing Regulation (EU) No. 2017/949)”.
Amendments to the Sheep and Goats (Records, Identification and Movement) Order (Northern Ireland) 2009
17. The Sheep and Goats (Records, Identification and Movement) Order (Northern Ireland) 2009 is amended as follows.
18. In Article 2(1) (interpretation), in the definition of “Council Regulation”, for “as amended by Commission Regulation (EC) No 759/2009” substitute “, as last amended by Council Regulation (EU) No 517/2013”.
19. In Article 7(2) (colour of identification devices), after “Section B of” insert “the Annex to”.
20. In Article 27(1)(b) (receipt of animals from another member State), after “Council Directive 92/102/EEC on the identification and registration of animals” insert “(as transposed immediately before 27th August 2008)”.
21. In Article 36(1)(d), after “Council Directive 92/102/EEC” insert “as transposed immediately before 27th August 2008”.
Regulation 4(1)
SCHEDULE 2Amendments to the Welfare Provisions
Amendments to the Welfare of Animals (Transport) Regulations (Northern Ireland) 2006
1. In the Welfare of Animals (Transport) Regulations (Northern Ireland) 2006, in regulation 2(1) (interpretation)—
(a)in the definition of “Council Regulation 1/2005”, after “93/119/EC” insert “and Regulation (EC) No 1255/97”; and
(b)in the definition of “Council Regulation 1255/97”, after “91/628/EEC” insert “, as last amended by Council Regulation (EC) No. 1/2005”.
Amendment to the Welfare of Animals (Permitted Procedures by Lay Persons) Regulations (Northern Ireland) 2012
2. In the Welfare of Animals (Permitted Procedures by Lay Persons) Regulations (Northern Ireland) 2012, in regulation 2(1) (interpretation), in the definition of “conventionally reared meat chicken”, in paragraph (c), after “2092/91” insert “, as last amended by Council Regulation (EU) No 517/2013”.
Amendments to the Welfare of Farmed Animals Regulations (Northern Ireland) 2012
3. The Welfare of Farmed Animals Regulations (Northern Ireland) 2012 are amended as follows.
4. In regulation 2(1) (interpretation), in the definition of “conventionally reared meat chicken”, in paragraph (d), after “2092/1991” insert “, as last amended by Council Regulation (EU) No 517/2013”.
5. In Schedule 5 (additional conditions that apply to the keeping of conventionally reared meat chickens), in paragraph 1 (interpretation)—
(a)in the definition of “Regulation 853/2004”, after “animal origin” insert “, as last amended by Commission Regulation (EU) 2017/1981”; and
(b)in the definition of “Regulation 854/2004”, after “human consumption” insert “, as last amended by Commission Regulation (EU) 2017/1979”.
Regulation 5(1)
SCHEDULE 3Amendments to the Exotic Disease Provisions
PART 1Amendment to Primary Legislation
Amendments to the Diseases of Animals (Northern Ireland) Order 1981
1. In the Diseases of Animals (Northern Ireland) Order 1981, in Schedule 2 in Part 1 (power to slaughter)—
(a)in paragraph 3A(1), after “foot-and-mouth disease” insert “, as last amended by Commission Implementing Decision (EU) 2018/1099(49)”; and
(b)in paragraph 3A(3)(b)(ii), after “1990/425/EEC” insert “, as last amended by Commission Implementing Decision (EU) 2017/2174(50)”.
PART 2Amendments to Subordinate Legislation
Amendments to the Bovine Leucosis Scheme Order (Northern Ireland) 1995
2. In the Bovine Leucosis Scheme Order (Northern Ireland) 1995, in the Schedule—
(a)in paragraph 1(2), in the definition of “the Directive”, after “and swine” insert “, as last amended by Commission Implementing Decision (EU) 2015/819”;
(b)in paragraph 2(1), for “Section B of Chapter I of Annex G” substitute “Section E of Chapter I of Annex D”;
(c)in paragraph 2(2)(b), for “Section A(1)(ii) of Chapter I of Annex G” substitute “Section A(ii) of Chapter I of Annex D”;
(d)in paragraph 3, for “Section A(1) of Chapter I of Annex G” substitute “Section A of Chapter I of Annex D”;
(e)in paragraph 4(2)(c), for “Section A(1)(ii) and (iii) of Chapter I of Annex G” substitute “Section D of Chapter I of Annex D”;
(f)in paragraph 5(4)(a), for “Section B of Chapter I of Annex G” substitute “Section E of Chapter I of Annex D”;
(g)in paragraph 7(3), for “Chapter II of Annex G” substitute “Chapter II of Annex D”; and
(h)in paragraph 9(1), for “Section A(1) of Chapter I of Annex G” substitute “Section A of Chapter I of Annex D”.
Amendment to the African Swine Fever Order (Northern Ireland) 2003
3. In the African Swine Fever Order (Northern Ireland) 2003, in Article 12 (cleansing and disinfection), in paragraph (2), after “biocidal products” insert “, as last amended by Regulation (EU) No 334/2014”.
Amendment to the Brucellosis Control Order (Northern Ireland) 2004
4. In the Brucellosis Control Order (Northern Ireland) 2004, in Article 2 (interpretation), in the definition of “the Directive”, after “bovine animals and swine” insert “, as last amended by Commission Implementing Decision (EU) 2015/819”.
Amendment to the Brucellosis (Examination and Testing) Scheme Order (Northern Ireland) 2004
5. In the Brucellosis (Examination and Testing) Scheme Order (Northern Ireland) 2004, in the Schedule in paragraph 1(2) (citation and interpretation), in the definition of “official test”, after “Annex C of the Directive” insert “, as amended by Commission Decision 2008/984/EC”.
Amendments to the Foot-and-Mouth Disease Regulations (Northern Ireland) 2006
6. The Foot-and-Mouth Disease Regulations (Northern Ireland) 2006 are amended as follows.
7. In regulation 2 (interpretation)—
(a)in the definition of “the Directive”, after “Directive 92/46/EEC” insert “, as last amended by Commission Implementing Decision (EU) 2018/1099”;
(b)in the definition of “Regulation (EC) No. 1069/2009”, at the end add “, as last amended by Council Regulation (EU) No. 1385/2013”; and
(c)in the definition of “Regulation (EU) No. 142/2011”, after “under that Directive” insert “, as last amended by Commission Regulation (EU) 2017/1262”.
8. In Schedule 6 (treatments to ensure destruction of disease virus) in Part I, in paragraph 6, for “point” substitute “Section”.
Amendments to the Foot-and-Mouth Disease (Control of Vaccination) Regulations (Northern Ireland) 2006
9. The Foot-and-Mouth Disease (Control of Vaccination) Regulations (Northern Ireland) 2006 are amended as follows.
10. In regulation 2(1) (interpretation)—
(a)in the definition of “Database”, after “Regulation 1760/2000” insert “, as last amended by Regulation (EU) No 653/2014);”; and
(b)after the definition of “the Department” insert—
““the Directive” means Council Directive 2003/85/EC on Community measures for the control of foot-and-mouth disease repealing Directive 85/511/EEC and Decisions 89/531/EEC and 91/665/EEC and amending Directive 92/46/EEC, as last amended by Commission Implementing Decision (EU) 2018/1099;”.
11. In paragraph 18(4)(b) of Part III of the Schedule, after “under that Directive” insert “, as last amended by Commission Regulation (EU) 2015/9”.
Amendments to the Avian Influenza and Influenza of Avian Origin in Mammals Regulations (Northern Ireland) 2007
12. In the Avian Influenza and Influenza of Avian Origin in Mammals Regulations (Northern Ireland) 2007, in regulation 2(1) (interpretation)—
(a)in the definition of “the Directive”, after “Directive 92/40/EEC” insert “, as last amended by Commission Implementing Decision (EU) 2018/662” ; and
(b)in the definition of “egg processing plant”, after “animal origin” insert “, as last amended by Commission Regulation (EU) 1020/2008”.
Amendments to the Avian Influenza (Vaccination) Regulations (Northern Ireland) 2007
13. In the Avian Influenza (Vaccination) Regulations (Northern Ireland) 2007, in Part II of the Schedule (eggs other than hatching eggs)—
(a)in paragraph 1(2)(b), after “Regulation (EC) No 853/2004” insert “(as amended by Commission Regulation (EU) No 1020/2008)”; and
(b)in paragraph 2(b), after “Regulation (EC) No 853/2004” insert “(as amended by Commission Regulation (EU) No 1020/2008)”.
Amendment to the Avian Influenza (Preventive Measures) Regulations (Northern Ireland) 2007
14. The Avian Influenza (Preventive Measures) Regulations (Northern Ireland) 2007 are amended as follows.
15. In regulation 7(5) (vaccination of zoo birds), for “Commission Decision 2006/474/EC” substitute “Commission Decision 2007/598/EC”.
16. In regulation 10(7)(a) (restrictions relating to vaccinated zoo birds), after “Directive 92/40/EEC” insert “, as last amended by Commission Implementing Decision (EU) 2018/662,”.
Amendments to the Avian Influenza (H5N1 in Poultry) Regulations (Northern Ireland) 2007
17. The Avian Influenza (H5N1 in Poultry) Regulations (Northern Ireland) 2007 are amended as follows.
18. In regulation 2(1) (interpretation)—
(a)in the definition of “bird by-product”, after “Regulation (EC) No. 1069/2009” insert “, as last amended by Directive 2010/63/EU of the European Parliament and of the Council”;
(b)omit the definition of “the Commission Decision”;
(c)in the definition of “competent authority”, for the words from ‘in a” to the end substitute “which, immediately before Commission Decision 2006/415 concerning protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry in the Community and repealing Decision 2006/135/EC ceased to have effect, was responsible for compliance with obligations provided for in that Decision”;
(d)in the definition of “Regulation (EC) No. 1069/2009”, after “(Animal by-products Regulation)” insert “, as last amended by Council Regulation (EU) No. 1385/2013”; and
(e)in the definition of “Regulation (EU) No 142/2011”, after “under that Directive” insert “, as last amended by Council Regulation (EU) 2017/1262”.
19. Omit regulation 5 (areas A and B).
20. In regulation 12(2)(b)(ii) (restrictions on the movements of wild game bird products), after “human consumption” insert “, as amended by Commission Regulation (EU) No 633/2014”.
21. Regulation 13(1)(b) (requirements for the marking of wild game bird meat and meat products) is omitted.
22. In regulation 15(2)(o) (restrictions on the movement of bird by-products), for “Article” substitute “regulation”.
Amendments to the Avian Influenza (H5N1 in Wild Birds) Regulations (Northern Ireland) 2007
23. The Avian Influenza (H5N1 in Wild Birds) Regulations (Northern Ireland) 2007 are amended as follows.
24. In regulation 2(1) (interpretation)—
(a)in the definition of “bird by-product”, after “Regulation (EC) No 1069/2009” insert “, as amended by Directive 2010/63 (EU) of the European Parliament and of the Council”;
(b)in the definition of “other captive bird”, for “Article 3(a) of Regulation (EC) No 998/2003” substitute “Article 3(b) of Regulation (EU) No 576/2013”;
(c)in the definition of “Regulation (EC) No. 853/2004”, for “as amended” substitute “, as last amended by Commission Regulation (EU) 2017/1981”;
(d)after the definition of “Regulation (EC) No.853/2004” insert—
““Regulation (EC) No 854/2004” means Regulation (EC) No. 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption, as last amended by Commission Regulation (EU) 2015/2285;”.
(e)in the definition of “Regulation (EC) No. 1069/2009”, after “(Animal by-products Regulation)” insert “, as last amended by Council Regulation (EU) No. 1385/2013”;
(f)in the definition of “Regulation (EU) No. 142/2011”, after “that Directive” insert “, as last amended by Commission Regulation (EU) 2017/1262”.
25. In Schedule 1 in Part IV, paragraph 1, sub-paragraph 2(o) (restriction on the movement of bird by-products or products derived from bird by-products from premises in a wild bird control area), for “Article” substitute “regulation”.
Amendments to the Diseases of Animals (Approval of Disinfectants) Order (Northern Ireland) 2008
26. The Diseases of Animals (Approval of Disinfectants) Order (Northern Ireland) 2008 is amended as follows.
27. In Article 4(2)(b) (approval of disinfectants), after “biocidal products” insert “, as last amended by Regulation (EU) No 334/2014”.
28. In Article 7(1)(c) (amendment, suspension and revocation of approvals), after “biocidal products” insert “, as last amended by Regulation (EU) No 334/2014”.
Amendments to the Bluetongue Regulations (Northern Ireland) 2008
29. In the Bluetongue Regulations (Northern Ireland) 2008, in regulation 2(1) (interpretation)—
(a)in the definition of “the Directive”, after “of bluetongue” insert “, as last amended by Commission Regulation (EU) 2018/415”; and
(b)in the definition of “the Regulation”, after “to bluetongue” insert “, as last amended by Commission Implementing Regulation (EU) No 456/2012”.
Amendment to the Products of Animal Origin (Disease Control) Regulations (Northern Ireland) 2008
30. The Products of Animal Origin (Disease Control) Regulations (Northern Ireland) 2008 are amended as follows.
31. In Schedule 3 (special identification mark for untreated meat from restricted animals and Newcastle disease restricted poultry), paragraph (3)—
(a)omit sub-paragraph (a); and
(b)omit the “or” before sub-paragraph (b).
Amendments to the Aujeszky’s Disease Order (Northern Ireland) 2012
32. The Aujeszky’s Disease Order (Northern Ireland) 2012 is amended as follows.
33. In Article 9 (disease investigation), in paragraph (1), from “in accordance with” to the end substitute “at a designated laboratory in accordance with Annex III of Commission Decision 2008/185/EC, as amended by Commission Implementing Decision (EU) 2016/1782”.
34. In Article 16 (action following imposition of controls), in paragraph (2), from “in accordance with” to the end substitute “at a designated laboratory in accordance with Annex III of Commission Decision 2008/185/EC, as amended by Commission Implementing Decision (EU) 2016/1782”.
Amendment to the African Horse Sickness Regulations (Northern Ireland) 2013
35. In the African Horse Sickness Regulations (Northern Ireland) 2013, in regulation 19(1)(a) (declaration of zones where African horse sickness is suspected or confirmed outside Northern Ireland), from “for the purposes of” to the end substitute “outside Northern Ireland for the purposes of Council Directive 92/35/EEC laying down rules and measures to combat African horse sickness, as last amended by Commission Regulation (EU) 2018/415”.
Regulation 6(1)
SCHEDULE 4Amendments to the Zoonotic Disease Provisions
Amendment to the Diseases of Poultry Scheme Order (Northern Ireland) 1995
1. In the Diseases of Poultry Scheme Order (Northern Ireland) 1995, in paragraph 6(2) of the Schedule (submission and testing of samples), for “Annex III of Council Directive 92/40/EEC” substitute “Article 50 of Council Directive 2005/94 as amended by Council Directive 2008/73/EC”.
Amendments to the Diseases of Poultry Order (Northern Ireland) 1995
2. In the Diseases of Poultry Order (Northern Ireland) 1995, in Schedule 1—
(a)in paragraph 5 (restriction on removal of eggs), for “Article 4.2(e) and Annex I to Council Directive 92/40/EEC or 92/66/EEC” substitute—
“Annex III to Council Directive 2005/94/EC on Community measures for the control of avian influenza and repealing Directive 92/40/EEC or Article 4.2(e) and Annex I to Council Directive 92/66/EEC”; and
(b)in paragraph 10 (disinfection and re-stocking), for “Annex II of Council Directive 92/40/EEC” substitute—
“Annex VI of Council Directive 2005/94/EC on Community measures for the control of avian influenza and repealing Directive 92/40/EEC”.
Amendment to the Tuberculosis Control Order (Northern Ireland) 1999
3. In the Tuberculosis Control Order (Northern Ireland) 1999, in Article 2(1) (interpretation), in the definition of “identification number”, for “Council Regulation 820/97” substitute “Council Regulation (EC) No 1760/2000 (as last amended by Regulation (EU) No 653/2014)”.
Amendments to the Control of Salmonella in Poultry Scheme Order (Northern Ireland) 2008
4. The Control of Salmonella in Poultry Scheme Order (Northern Ireland) 2008 is amended as follows.
5. In the Schedule—
(a)for paragraph 5 (competent authority), substitute—
“5. The Department is the competent authority for the purposes of—
(a)Commission Regulation (EC) No 1177/2006 implementing Regulation (EC) No 2160/2003 of the European Parliament and of the Council as regards requirements for the use of specific control methods in the framework of the national programmes for the control of salmonella in poultry;
(b)Commission Regulation (EU) No 200/2010 implementing Regulation (EC) No 2160/2003 of the European Parliament and of the Council as regards a Union target for the reduction of the prevalence of Salmonella serotypes in adult breeding flocks of Gallus gallus, as last amended by Commission Regulation (EU) No 517/2011; and
(c)Commission Regulation (EU) No 517/2011 implementing Regulation (EC) No 2160/2003 of the European Parliament and of the Council as regards a Union target for the reduction of the prevalence of certain Salmonella serotypes in laying hens of Gallus gallus and amending Regulation (EC) No 2160/2003 and Commission Regulation (EU) No 200/2010.”.
(b)in paragraph 17 (duties on the person in charge of a laboratory)—
(i)in sub-paragraph (3)(a), for “point 3.1.2 of the Annex to Regulation (EC) 1003/2005” substitute “point 3.1.3 of the Annex to Commission Regulation (EU) 200/2010”;
(ii)in sub-paragraph (3)(b), for “point 3.1.3 of that Annex” substitute “point 3.1.4 of that Annex”; and
(iii)in sub-paragraph (4)(a), for “Commission Regulation (EC) No. 1168/2006” substitute “Commission Regulation (EU) No 517/2011”.
6. In Annex 2, for paragraph 28 (method of sampling during the laying period) substitute—
“28. Samples taken during the laying period must be taken in accordance with point 2.2.2.1 of the Annex to Commission Regulation (EU) 200/2010 (in the case of breeding flocks) or point 2.2 of the Annex to Commission Regulation (EU) No 517/2011 (in the case of laying flocks)”.
Amendment to the Zoonoses (Monitoring) Regulations (Northern Ireland) 2008
7. In the Zoonoses (Monitoring) Regulations (Northern Ireland) 2008, in regulation 2(1) (interpretation), in the definition of “the Directive”, after “Council Directive 92/117/EEC” insert “, as last amended by Council Directive 2013/20/EU”.
Amendment to the Scrapie (Fees) Regulations (Northern Ireland) 2008
8. The Scrapie (Fees) Regulations (Northern Ireland) 2008 are amended as follows.
9. In regulation 2(1) (interpretation), in the definition of “the Community TSE Regulation”, after “spongiform encephalopathies” insert “, as last amended by Commission Regulation (EU) No 2018/969”.
10. In regulation 4(1) (fees), for “Point 1(a)(ii) of Part I of Chapter A” substitute “Point 1 of Section A”.
Amendments to the Control of Salmonella in Broiler Flocks Scheme Order (Northern Ireland) 2009
11. In the Control of Salmonella in Broiler Flocks Scheme Order (Northern Ireland) 2009, in the Schedule—
(a)for paragraph 3 (competent authority) substitute—
“3. The Department is the competent authority for the purposes of—
(a)Commission Regulation (EC) No 1177/2006 implementing Regulation (EC) No 2160/2003 of the European Parliament and of the Council as regards requirements for the use of specific control methods in the framework of the national programmes for the control of salmonella in poultry; and
(b)Commission Regulation (EU) No 200/2012 concerning a Union target for the reduction of Salmonella Enteritidis and Salmonella Typhimurium in flocks of broilers, as provided for in Regulation (EC) No 2160/2003.”;
(b)for paragraph 5(1) (sampling) substitute—
“(1) The occupier must carry out sampling in accordance with points 1 and 2 of the Annex to Commission Regulation (EU) No 200/2012 and must despatch samples to an approved laboratory in accordance with point 2.2.4 of that Annex (and for the purposes of that point “express mail” includes first class post)”; and
(c)in paragraph 8 (duties of the person in charge of a laboratory), for “Regulation (EC) No 646/2007” substitute “Commission Regulation (EU) No 200/2012”.
Amendments to the Control of Salmonella in Turkey Flocks Scheme Order (Northern Ireland) 2010
12. In the Control of Salmonella in Turkey Flocks Scheme Order (Northern Ireland) 2010, in the Schedule—
(a)for paragraph 2(2) (interpretation) substitute—
“(2) In this Scheme, a reference to—
(a)Commission Regulation (EC) No 1177/2006 implementing Regulation (EC) No 2160/2003 of the European Parliament and of the Council as regards requirements for the use of specific control methods in the framework of the national programmes for the control of salmonella in poultry; and
(b)Commission Regulation (EU) No 1190/2012 concerning a Union target for the reduction of Salmonella Enteritidis and Salmonella Typhimurium in flocks of turkeys, as provided for in Regulation (EC) No 2160/2003,
is, in each case, a reference to those instruments, as amended from time to time.”
(b)for paragraph 3 (competent authority) substitute—
“3. The Department is the competent authority for the purposes of—
(a)Commission Regulation (EC) No 1177/2006; and
(b)Commission Regulation (EU) No 1190/2012.”;
(c)for paragraph 5(1) (sampling) substitute—
“5.—(1) The keeper must carry out sampling in accordance with point 1 and 2 of the Annex to Regulation 1190/2012 and must dispatch samples to an approved laboratory in accordance with point 2.2.4 of that Annex (and for the purposes of that point “express mail” includes first class post).”;
(d)in paragraph 8 (duties of the person in charge of an approved laboratory), for “Commission Regulation (EC) No 584/2008” substitute “Commission Regulation (EU) 1190/2012”.
Amendments to the Zoonoses (Fees) Regulations (Northern Ireland) 2011
13. In the Zoonoses (Fees) Regulations (Northern Ireland) 2011, in regulation 2(1) (interpretation), in the definition for “official control samples” substitute—
““official control samples” means samples taken by the Department under—
point 2.1.2.2 of the Annex to Commission Regulation (EU) No 200/2010 implementing Regulation (EC) No 2160/2003 of the European Parliament and of the Council as regards a Union target for the reduction of the prevalence of Salmonella serotypes in adult breeding flocks of Gallus gallus; or
point 2.1 of the Annex to Commission Regulation (EU) No 517/2011 implementing Regulation (EC) No 2160/2003 of the European Parliament and of the Council as regards a Union target for the reduction of the prevalence of certain Salmonella serotypes in laying hens of Gallus gallus and amending Regulation (EC) No 2160/2003 and Commission Regulation (EU) No 200/2010, as amended from time to time; or
point 1 and 2.1 of the Annex to Commission Regulation (EU) No 200/2012 concerning a Union target for the reduction of Salmonella enteritidis and Salmonella typhimurium in flocks of broilers, as provided for in Regulation (EC) No 2160/2003, as amended from time to time; or
point 4 of part D of Annex II to Regulation (EC) No 2160/2003 as regards a Community target for the reduction of salmonella and other specific food-bourne zoonotic agents on laying flocks of Gallus gallus and as amended from time to time; or
point 2.1(b) of the Annex to Commission Regulation (EU) No 1190/2012 concerning a Union target for the reduction of Salmonella Enteritidis and Salmonella Typhimurium in flocks of turkeys, as provided for in Regulation (EC) No 2160/2003, as amended from time to time.”.
Regulation 7(1)
SCHEDULE 5Amendments to the Trade Related Provisions
Amendment to the Rabies (Importation of Dogs, Cats and other Mammals) Order (Northern Ireland) 1977
1. In the Rabies (Importation of Dogs, Cats and Other Mammals) Order (Northern Ireland) 1977 is amended as follows.
2. In Article 3—
(a)in paragraph (1), in the definition of “Pets Regulation quarantine end date”, in sub-paragraph (a) in paragraphs (iii), (iv) and (v), for “7” substitute “6”;
(b)in paragraph (1A), for the words from “No 1152/2011” to the end substitute “2018/772 supplementing Regulation (EU) No 576/2013 of the European Parliament and of the Council with regard to preventive health measures for the control of Echinococcus multilocularis infection in dogs.”.
3. Article 4(14)(b), in the definition of “Council Directive 92/65/EEC”, after “Directive 90/425/EEC” insert “, as last amended by Commission Implementing Decision (EU) No 2017/2174”.
Amendments to the Artificial Insemination of Cattle Regulations (Northern Ireland) 1988
4. In the Artificial Insemination of Cattle Regulations (Northern Ireland) 1988 in regulation 2(1) (interpretation), in the definition of “the Directive”—
(a)at the end of paragraph (iii), delete “and”
(b)at the end of paragraph (iv), for “.” insert “;”; and
(c)after paragraph (iv) insert—
“(v)Council Directive 2008/73/EC; and
(vi)Commission Implementing Decision 2011/629/EU”.
Amendment to the Artificial Insemination of Pigs (EEC) Regulations (Northern Ireland) 1993
5. In the Artificial Insemination of Pigs (EEC) Regulations (Northern Ireland) 1993, in regulation 2(1) (interpretation), in the definition of “the Directive”, at the end add “, as last amended by Commission Implementing Regulation (EU) No 176/2012”.
Amendments to the Animals (Post-Import Control) Order (Northern Ireland) 1993
6. The Animals (Post-Import Control) Order (Northern Ireland) 1993 is amended as follows.
7. In Article 3(1)(a) (importation of bovine animals from areas not free from warble fly), for sub-paragraph (a) substitute—
“(a)within 24 hours of their arrival at the place of destination ensure that they are treated for warble fly with a product authorised in accordance with Directive 2001/82/EC on the Community code relating to veterinary medicinal products as last amended by Regulation (EC) No 596/2009 of the European Parliament and of the Council.”.
8. In Article 4(1) (importation of bovine animals from Canada), for “Commission Decision 83/494/EEC concerning animal health conditions and veterinary certification for the importation of domestic animals of the bovine and porcine species from Canada” substitute—
“Commission Regulation (EU) No. 206/2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the EU of certain animals and fresh meat and the veterinary certification requirements, as last amended by Commission Implementing Regulation (EU) 2017/731”.
9. In Article 4(2), for “Commission Decision 83/494/EEC” substitute “Commission Regulation (EU) 206/2010, as last amended by Commission Implementing Regulation (EU) 2017/731”.
10. In paragraph 21 of Schedule 1 (conditions applicable to post-import isolation premises for bovine animals), for “Commission Decision 83/494/EEC” substitute “Commission Regulation (EU) 206/2010 (as last amended by Commission Implementing Regulation (EU) 2017/731)”.
Amendment to the Artificial Breeding of Sheep and Goats (EEC) Regulations (Northern Ireland) 1994
11. In the Artificial Breeding of Sheep and Goats (EEC) Regulations (Northern Ireland) 1994, in regulation 2(1) (interpretation), in the definition of “the Directive”, after “Directive 90/425/EEC” insert “, as last amended by Commission Implementing Decision (EU) 2017/2174”.
Amendments to the Bovine Embryo Collection, Production and Transplantation Regulations (Northern Ireland) 1996
12. The Bovine Embryo Collection, Production and Transplantation Regulations (Northern Ireland) 1996 are amended as follows.
13. In regulation 2(1) (interpretation), in the definition of “the Directive”, after “bovine species” insert “, as last amended by Council Directive 2008/73/EC”.
14. In regulation 6(2)(e) (collection of embryos), after “bovine species” insert “, as amended by Council Directive 2003/43/EC”.
15. In regulation 8(c) (production of embryos in vitro), after “88/407/EEC” insert “(as amended by Council Directive 2003/43/EC)”.
16. In regulation 15(5) (transplantation of embryos), for sub-paragraph (c) substitute—
“(c)imported into Northern Ireland in accordance with the provisions of the Trade in Animals and Related Products Regulations (Northern Ireland) 2011 or any Regulations which they supersede;”.
Amendments to the Official Controls (Animals, Feed and Food) Regulations (Northern Ireland) 2007
17. In the Official Controls (Animals, Feed and Food) Regulations (Northern Ireland) 2007, in regulation 2(1) (interpretation), in the definition of “Regulation 882/2004”—
(a)for “as amended by Commission Regulation (EC) No. 776/2006 amending Annex VII as regards Community reference laboratories” substitute “as last amended by Commission Regulation (EU) 2018/1587”;
(b)omit sub-paragraph (b);
(c)for sub-paragraph (c), substitute “Commission Regulation (EU) 2017/185 laying down transitional measures for the application of certain provisions of Regulations (EC) No. 853/2004 and (EC) No. 854/2004 of the European Parliament and of the Council”; and
(d)in paragraph (d), for “Regulation (EC) No. 575/2006 of the European Parliament and of the Council” substitute “Commission Regulation (EU) 2017/228”.
Amendments to the Trade in Animals and Related Products Regulations (Northern Ireland) 2011
18. The Trade in Animals and Related Products Regulations (Northern Ireland) 2011 are amended as follows.
19. In regulation 2(1) (interpretation), in the definition of CVED—
(a)at the end of sub-paragraph (a), add “, as last amended by Commission Implementing Regulation (EC) No. 494/2014”; and
(b)at the end of sub-paragraph (b), add “, as last amended by Commission Regulation (EC) No. 585/2004”.
20. In regulation 7(1) (notification of movement of animals and genetic material between member States), after “(on the introduction of the Traces system)” insert “, as last amended by Commission Decision 2005/515/EC”.
21. In regulation 7(2) (notification of movement of animals and genetic material between member States), after “trade in equidae)” insert “, as last amended by Council Directive 2008/73/EC,”.
22. In regulation 23(4) (action following failure of checks or seizure – animals), for “Commission Decision 92/260/EEC (on animal health conditions and veterinary certification for temporary admission of registered horses)” substitute—
“Commission Implementing Regulation (EU) 2018/659 on the conditions for the entry into the Union of live equidae and of semen, ova and embryos of equidae.”.
23. In regulation 28 (admission of products into warehouses), for the words from “in a free zone” to the end, substitute—
“in contravention of Section 2 (customs warehousing) or Section 3 (free zones) of Chapter 3 of Title VII of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code ”.
24. In regulation 32(5) (enforcement), for “under Articles 37 and 38 of Council Regulation (EEC) No. 2913/92 establishing the Community Customs Code” substitute—
“under Articles 134 and 135 of Council Regulation (EU) No 952/2013 laying down the Union Customs Code, as last amended by Regulation (EU) 2016/2339”.
25. In regulation 35(2) (consignments from another member State constituting a risk to health), after “90/425/EEC,” insert “as last amended by Regulation (EU) 2016/1012,”.
26. In Schedule 3, paragraph 10 (Horses), for “Commission Decision 92/260/EEC on animal health conditions and veterinary certification for temporary admission of registered horses” substitute—
“Commission Implementing Regulation (EU) 2018/659 on the conditions for the entry into the Union of live equidae and of semen, ova and embryos of equidae”.
27. In Schedule 4, paragraph 2 (case 1: personal imports and small consignments), after “products of animal origin” insert “, as last amended by Commission Regulation (EU) No. 519/2013”.
Amendment to the Non-Commercial Movement of Pet Animals Order (Northern Ireland) 2011
28. The Non-Commercial Movement of Pet Animals Order (Northern Ireland) 2011 is amended as follows.
29. In Article 2(1) (interpretation)—
(a)in the definition of “the Commission Implementing Regulation”, after “of the Council” insert “, as amended by Commission Implementing Regulation (EU) 2016/561”;
(b)for the definition of “the supplementary Regulation” substitute—
““the supplementary Regulation” means Commission Delegated Regulation (EU) 2018/772 supplementing Regulation (EC) No 576/2013 of the European Parliament and of the Council with regard to preventive health measures for the control of Echinococcus multilocularis infection in dogs.”
30. In Article 9—
(a)for “7” substitute “6”;
(b)for “2(2)” substitute “7(1)(b)”.
Amendment to the Animal By-Products (Enforcement) Regulations (Northern Ireland) 2015
31. In the Animal By-Products (Enforcement) Regulations (Northern Ireland) 2015, in the Schedule, in the table, in entry 17 (placing on the market and use of organic fertilisers and soil improvers), in the third column, omit “Article 36(1) of the EU Implementing Regulation (transitional measures)”.
EXPLANATORY NOTE
(This note is not part of the Order)
These Regulations make minor amendments to miscellaneous legislation relating to animal identification, welfare, disease and trade in animals and animal related products. The Regulations update provisions in that legislation which refer to other domestic or EU legislation that have been amended, replaced or revoked. They also correct some minor errors in legislation that transposes or implements EU obligations.
An impact assessment has not been produced for these Regulations as no impact on the private or voluntary sector is foreseen.
Formerly the Department of Agriculture and Rural Development (DARD see section 3(4) of the Departments (Northern Ireland) Order 1999 (S.I. 1999/283 (N.I. 1)). DARD was renamed the Department of Agriculture, Environment and Rural Affairs (DAERA) by Article 1(2) of the Departments Act (Northern Ireland) 2016 (c.5 (N.I.)).
1972 c. 68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) (the 2006 Act) and by Part 1 of Schedule 1 to the European Union (Amendment) Act 2008 (c.7) (the 2008 Act). Paragraph 1A of Schedule 2 was inserted by section 28 of the 2006 Act and by Part 1 of Schedule 1 to the 2008 Act. Section 2(2) and paragraph 1A of Schedule 2 are prospectively amended by section 1 of the European Union (Withdrawal) Act 2018 (c.16) from exit day (see section 20 of that Act).
S.R. 1998 No. 27, to which relevant amendments were made by S.R. 2004 No. 420.
S.R. 1998 No. 279, to which relevant amendments were made by S.R. 2004 No. 420 and S.R. 2012 No.416.
S.R. 1999 No. 265, to which relevant amendments were made by S.R. 2004 No. 420 and S.R. 2012 No.416.
S.R. 1999 No. 324, to which relevant amendments were made by S.R. 2004 No. 420 and S.R. 2012 No. 416.
S.R. 2009 No. 411, to which there are amendments not relevant to these Regulations.
S.R. 2006 No. 538, to which there are amendments not relevant to these Regulations.
S.R. 2012 No. 153, to which there are amendments not relevant to these Regulations.
S.R. 2012 No. 156, to which there are amendments not relevant to these Regulations.
S.R. 2003 No. 494, to which a relevant amendment was made by S.R. 2013 No. 206.
S.R. 2004 No. 361, to which there are amendments not relevant to these Regulations.
S.R. 2006 No. 42, to which a relevant amendment was made by S.R. 2011 No. 124.
S.R. 2006 No. 43, to which a relevant amendment was made by S.R. 2011 No. 124.
S.R. 2007 No. 68, to which there are amendments not relevant to these Regulations.
S.R. 2007 No. 70, to which there are amendments not relevant to these Regulations.
S.R. 2007 No. 207, to which a relevant amendment was made by S.R. 2011 No. 124.
S.R. 2007 No. 208, to which a relevant amendment was made by S.R. 2011 No. 124.
S.R. 2008 No. 272, to which a relevant amendment was made by S.R. 2013 No. 206.
S.R. 2008 No. 275, to which there are amendments not relevant to these Regulations.
S.R. 2008 No. 431, to which there are amendments not relevant to these Regulations.
S.R. 1995 No. 465, to which a relevant amendment was made by S.R. 2003 No. 401.
S.R. 1999 No. 263, to which there are amendments not relevant to these Regulations.
S.R. 2008 No. 456, to which there are amendments not relevant to these Regulations.
S.R. 2011 No. 71, to which there are amendments not relevant to these Regulations.
S.R. 1977 No. 113, to which relevant amendments were made by S.R. 2011 No. 440 and S.R. 2015 No. 282.
S.R. 1988 No. 339, to which a relevant amendment was made by S.R. 2005 No. 264.
S.R. 1993 No. 262, to which there is an amendment not relevant to these Regulations.
S.R. 1994 No. 391, to which there is an amendment not relevant to these Regulations.
S.R. 1996 No. 389, to which a relevant amendment was made by S.R 1998 No. 45.
S.R. 2011 No. 438, to which a relevant amendment was made by S.R. 2014 No. 196.
S.R. 2011 No. 440, to which a relevant amendment was made by S.R. 2015 No. 282.
OJ L 197 3.8.2018 p 11
OJ L 306 22.11.2017 p 28