S.I. No. 276/1999 - European Communities (Identification and Registration of Bovine Animals) Regulations, 1999.

1. The ear-tag number of the animal.

2. The date of birth of the animal.

3. The sex of the animal.

4. The breed or colour of the animal.

5. The date of movement onto holding.

6. The name and address of previous owner/keeper (or herd number/mart number).

7. The date of movement off holding.

8. The name and address of new owner/keeper (or herd number/mart number).

9. The date of on-farm death.

GIVEN under my Official Seal, this 1st day of September, 1999.

JOE WALSH,

Minister for Agriculture and Food.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations give further effect to Council Regulation (EC) No. 820/97 and related Commission Regulations insofar as they specify the detailed arrangements relating to applications for, the issue and completion of passports for cattle and the maintenance of registers. They also provide for the detention and disposal of cattle in certain circumstances and for related matters.

(1)

OJ No. L 109 of 25.04.97

(2)

OJ No. L 117 of 7.05.97

(3)

OJ No. L 354 of 30.12.97

(4)

OJ No. L 354 of 30.12.97

(5)

OJ No. L 354 of 30.12.97

(6)

OJ No. L 60 of 28.02.98

(7)

OJ No. L 212 of 30.07.98

(1)

OJ No. L 117 of 7.05.97

*

Select Breed code only from Official List

*

Select Breed code only from Official List

10. Where an animal arrives at a mart, a mart official at that mart shall complete, as a keeper of that animal, the first line available in the section of the passport relating to that animal titled “Record of Transactions at Marts (to be completed by Mart Official)” with the date of arrival at the mart, the code no. of the mart, the lot no. and signature of the mart official.

11. No person shall remove an animal from a mart unless the passport relating to that animal has been completed in accordance with Regulation 10.

12. Where an animal is moved onto a holding, other than a mart, the new keeper shall, within seven days of such movement, and in any event before responsibility for that animal is transferred further, insert on the passport relating to that animal in the first line available in the section of the passport titled “record of owners/keepers (to be completed by each new owner/keeper on arrival of animal at holding)”—

(

a

) the date of arrival of the said animal on the holding,

(

b

) where appropriate, the herd number, or other identification number, allocated by the Minister for the time being to the new keeper,

(

c

) the name and address of the new keeper, and

sign the passport at the place indicated in that line.

13. Where an animal is slaughtered at a slaughterhouse, the operator of the slaughterhouse, shall in accordance with Article 6, paragraph 4, of the Council Regulation, surrender the passport relating to that animal, completed in accordance with Regulation 12, to the Minister within seven days of slaughter.

14. Where an animal is exported to a Member State, the keeper of that animal at the time of export, shall ensure that it is accompanied by the passport relating to that animal in accordance with Article 6, paragraph 2, of the Council Regulation.

15. Where an animal is exported to a third country, the passport relating to that animal shall, in accordance with Article 6, paragraph 5, of the Council Regulation, be surrendered by the keeper at the time of export to the Minister at the place where the animal is exported.

16. In the case of the death or loss of an animal, the passport relating to that animal shall be surrendered to the Minister by the keeper within seven days after such death or loss.

17. Where the Minister has issued, or caused to be issued, a passport for the purposes of the Council Regulation, in the format set out in the Second or Third Schedules prior to the coming into force of these Regulations, the provisions of Regulations 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 shall also be applicable, mutatis mutandis, in the case of an animal in respect of which such passport has been issued, after the date of coming into force of these Regulations.

18. Any passport issued in accordance with the provisions of these Regulations shall remain the property of the Minister and shall be produced to or surrendered to an authorised person or a member of the Garda Síochána on demand.

19. A person shall not—

(

a

) alter, efface, obliterate or make a false or unauthorised entry on a passport,

(

b

) have in his possession any passport which is altered, effaced, obliterated or has a false or unauthorised entry,

(

c

) have in his possession without lawful excuse, proof of which shall lie on him, a passport other than one issued or transferred to him pursuant to these Regulations, or

(

d

) have in his possession any document which could be confused or could be rendered capable of being confused with a passport.

20. (1) Each keeper, with the exception of a mart, a slaughterhouse operator or a transporter, shall keep a register of—

(

a

) the particulars, as specified in the Fourth Schedule, in respect of each animal present on the holding, and

(

b

) the number of animals present on the holding.

(2) Records kept pursuant to paragraph (1) shall be kept in such a manner as shall ensure that entries are made in chronological order and are readily legible.

(3) Where an entry is required to be made in the register provided for in this Regulation due to the birth, death or movement of an animal, such entry shall be made—

(

a

) in the case of the birth of an animal, within a period of seven days following the date on which the animal is identified,

(

b

) in the case of the death or movement of an animal into or out of the holding, within a period of seven days following the date of such death or movement.

(4) The Minister may specify the format of the register required to be kept by a mart or a slaughterhouse operator for the purposes of the Council Regulation and, where he does so, it shall be a requirement of this Regulation to keep the register in the format so specified.

(5) Registers kept pursuant to this Regulation shall be kept for a period of seven years following the end of the year in which the entries in the registers are made.

(6) Registers may be kept in an electronic form acceptable to the Minister.

21. Any register kept in accordance with the provisions of these Regulations shall be produced or surrendered to an authorised person or a member of the Garda Síochána on demand.

22. A person shall not—

(

a

) improperly alter or otherwise efface, obliterate or make a false or unauthorised entry on a register,

(

b

) have in his possession any register which is improperly altered or otherwise effaced, obliterated or has a false or unauthorised entry.

23. The provisions of Regulation 4, paragraph (1), of the 1996 Regulations shall not be applicable in the case of a register kept or required to be kept in accordance with the provisions of these Regulations.

24. A person shall not, in purported compliance with Regulation 3, 5, 10, 12 or 20, include in any passport, application form, book, document, register or record a particular which he knows to be false or does not know to be true or recklessly include in such passport, application form, book, document, register or record a particular which is false or which he does not know to be true.

25. (1) The Minister may appoint in writing such and so many persons as he thinks fit to be authorised persons for the purpose of these Regulations.

(2) An authorised person, 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 under—

(i) Regulation 6 of the 1996 Regulations, or

(ii) the Act, or

(iii) these Regulations.

26. (1) An authorised person who is an officer of the Minister shall, where he is of the opinion that there is a doubt as to the identification of an animal as provided for in the Council Regulation and the Commission Regulations, serve a notice in writing stating that opinion on the person who appears to him to be owner or person in control for the time being of the animal and directing that proof of the identification of the animal be delivered to him at the address indicated therein within two working days of the date on which the notice is served.

(2) Where such material as may be delivered to the authorised person concerned pursuant to paragraph (1) does not establish to his satisfaction the identity of the animal concerned, or, where no such material is delivered to him within the period specified in that paragraph, the authorised person shall serve a notice in writing stating that fact on the person on whom the notice referred to in paragraph (1) has been served and shall dispose of the animal concerned by slaughtering or by causing it to be slaughtered, under the supervision of the veterinary authorities, without compensation from the Minister, for purposes other than human consumption.

(3) A notice under paragraph (1) or (2) may be served on a person by delivering it by hand to the person or by sending it by prepaid registered post or by leaving it at his last known place of abode or business.

(4) An authorised person who is an officer of the Minister may, where he is of the opinion that there is a doubt as to the identification of an animal, seize and detain the animal concerned, or cause it to be seized and detained, at such premises or place as he considers appropriate in the circumstances of the case.

(5) An authorised person who is an officer of the Minister may, in accordance with the provisions of Commission Regulation (EC) No. 494/98, restrict the movement of some or all animals to and from a holding if he is satisfied that the provisions of the Council Regulation and the Commission Regulations are not complied with or are not complied with in full.

(6) The cost of the detention or disposal of an animal under this Regulation may be recovered by the Minister from the person on whom notice under paragraph (1) or (2) has been served as a simple contract debt in any court of competent jurisdiction.

27 (1) An authorised person or a member of the Garda Síochána may, for the purposes of these Regulations, the Council Regulation and the Commission Regulations—

(

a

) at all reasonable times, enter any premises or place (excluding any premises or place consisting of a dwelling or other than so much thereof as consists of a dwelling) and any vehicle, wagon, vessel, aircraft or other means of transport, where he reasonably suspects that there are or have been any animals or that any passports, application forms, books, documents, registers or records the subject of these Regulations are kept,

(

b

) there examine and inspect any animals, passports, application forms, books, documents, registers or records the subject of these Regulations found there, and carry out such other examinations or inspections as he reasonably considers necessary or expedient for the purposes of such functions,

(

c

) 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 him such information and to produce to him such passports, application forms, books, documents, registers or records, including any registers or records required to be kept by the 1996 Regulations, within the power or procurement of the person as he may reasonably require for the purposes of such functions, and

(

d

) take up and retain, where required for the purposes of his functions, any such passports, application forms, books, documents, registers and records.

(2) An authorised person shall not, other than with the consent of the occupier, enter a private dwelling unless he has obtained a warrant under paragraph (3) authorising entry.

(3) If a judge of the District Court is satisfied on the sworn information of an authorised person or a member of the Garda Síochána that there are reasonable grounds for suspecting that evidence of or relating to the commission or intended commission of an offence under these Regulations is to be found in, on or under any holding or premises or in or on any vehicle or vessel or container or any part thereof as consists of a dwelling, the judge may issue a search warrant.

(4) A search warrant issued under paragraph (3) shall be expressed and operate to authorise a named authorised person or member of the Garda Síochána, accompanied if appropriate by other authorised persons or members of the Garda Síochána, at any time or times within one month from the date of issue of the warrant, on production of the warrant if so requested, to enter the dwelling, by force if necessary, and exercise all or any of the powers conferred on an authorised person or member of the Garda Síochána under these Regulations.

(5) A person shall not obstruct or otherwise interfere with an authorised person or a member of the Garda Síochána in the performance of his functions under these Regulations or, in purported compliance with a requirement under paragraph (1)(

c

), give information to an authorised person or a member of the Garda Síochána that he knows to be false or misleading in a material respect.

28. The European Communities (Registration of Bovine Animals) Regulations, 1996 (

S.I. No. 104 of 1996

) are hereby amended—

(1) by the insertion of the following in the preamble to the Regulations after “Council Regulation (EEC) No. 3508/92 of 27 December 1992, as last amended by Council Regulation (EEC) No. 3235/94 of 20 December 1994”—

“and Council Regulation (EC) No. 820/97

(1)

of 21 April 1997”;

(2) by the substitution in Regulation 2, paragraph (1), for the definition of “herdowner” of the following—

“herdowner” means the owner of a herd to which a herd number has been allocated for the time being by the Minister;

(3) by the substitution for the Second Schedule of the following—

“Breed

Code

Breed

Code

Angus

AA

Aubrac

AU

Kerry

KE

Ayreshire

AY

Limousin

LM

Belgian Blue

BB

Maine Anjou

MA

Brown Swiss

BS

Montbeliarde

MO

Blonde d'Aquitaine

BA

MRI/MRY

RW

Charolais

CH

Normande

NO

Chianina

CI

Piemontese

PI

Danish Red

RD

Romagnola

RM

Dexter

DX

Rotbunte

RW

Galloway

GA

Salers

SA

Guernsey

GU

Shorthorn

SH

Hereford

HE

Simmental

SI

Highland

HI

South Devon

SD

Holstein/Freisian

FR

Murray Grey

GS

Irish Maol

IM

Parthenaise

PT

Droimeann

IM

Jersey

JE

In the case of a cross-bred animal, the letter X must be inserted after the relevant breed code.”;

29. (1) A person who contravenes a provision of these Regulations shall be guilty of an offence.

(2) A person guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding twelve months or to both.

(3) Where an offence under these Regulations has been 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 a 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 as if he were guilty of the first-mentioned offence.

30. An offence under these Regulations may be prosecuted by the Minister.

FIRST SCHEDULE

APPLICATION FORM

National Bovine Animal Birth Registration Service

Tag No.

Application for: (1) Birth Registration and (2) Administrative Document and Cattle Identity Card Passport.

Sex of Animal: Male □ Female □

(Please tick one box)

Date of Birth of Animal

Day

Month

Year

Breed of Dam

*

Dam Eartag No.

Breed of Sire

*

AI Code

(if known)

Declaration of Owner/Keeper of Herd in which the animal was born

I hereby declare the detail given by me in all

sections

of this Application Form to be true and accurate

Signature: ..............................Date:..........................

This Application Form to be completed by the Owner/Keeper of the Herd in which the Animal was born,

at the time of tagging,

and posted immediately to the Registration Service (Freepost).

SECOND SCHEDULE

PASSPORT

(Front)

An Roinn Talmhaiochta agus Bia Department of Agriculture and Food, Ireland.

National Bovine Administrative Document and Cattle Identity Card/Passport

Tag No.

INNER FACE

Date of Birth

Breed

Sex

I.D. Code of Dam

Date of Issue of Card

Herd No.

Name & Address of Owner/Keeper of Herd of Birth/Origin

Signature

Special Beef Premium Eligibility/Headage Status (for Official use)

22

One Full

10 Month/Bull

Month

livestock

Other

From

To

From

Unit From

Schemes

Certificate of Tuberculosis Testing

I certify that this animal passed the test indicated below and that no animal failed the test

FOLD CARD ON THIS LINE ONLY

............................................................ ............................................................ ............................................................ ........

FOLD INWARDS TO PROTECT CARD INNER FACE

Date of Test

Herd No.

Signature of Veterinary Surgeon

1.

2.

3.

4.

5.

6.

7.

Certificate of Brucellosis Testing

I certify that this animal passed the test indicated below and that no animal failed the test.

Date of Test

Herd No.

Signature of Certifier

1.

2.

3.

4.

5.

6.

This is an official document. It is the property of the Minister for Agriculture and Food. Any alteration/defacement/damage renders it invalid. Document must be signed by the owner/keeper and completed at RECORD OF OWNERS/KEEPERS, TRANSACTIONS AND MOVEMENTS following arrival of animal at each holding (see reverse of card). Document must be surrendered (a) on request to an Authorised Officer (b) to the veterinary surgeon at the commencement of test (c) to the new owner/keeper at time of sale (d) to the factory/abattoir at time of slaughter (e) to the DVO within 7 days in the event of death of the animal. Tag No.

(Back)

RECORD OF OWNERS/KEEPERS, TRANSACTIONS AND MOVEMENTS

Record of Transactions at Marts (to be completed by Mart Official)

Date

Code No. of Mart

Lot. No.

Signature of Mart Official

1.

2.

3.

4.

5.

6.

7.

RECORD OF OWNERS/KEEPERS (TO BE COMPLETED BY EACH NEW OWNER/KEEPER ON ARRIVAL OF ANIMAL AT HOLDING)

Arrival Date

Herd Number or Keeper No.

Name and Address (BLOCK CAPITALS)

Signature

1.

Name............................................................ ..

Townland........................................................

County............................................................

2.

Name............................................................ ..

Townland........................................................

County............................................................

3.

Name............................................................ ..

Townland........................................................

County............................................................

4.

Name............................................................ ..

Townland........................................................

County............................................................

5.

Name............................................................ ..

Townland........................................................

County............................................................

6.

Name............................................................ ..

Townland........................................................

County............................................................

7.

Name............................................................ ..

Townland........................................................

County............................................................

8.

Name............................................................ ..

Townland........................................................

County............................................................

THIRD SCHEDULE

REPLACEMENT PASSPORT

(Front)

An Roinn Talmhaiochta agus Bia Department of Agriculture and Food, Ireland.

National Bovine Administrative Document and Cattle Identity Card/Passport

Tag No.

INNER FACE

Date of Birth

Breed

Sex

I.D. Code of Dam

Date of Issue of Card

Herd No.

Name & Address of Owner/Keeper of Herd of Birth/Origin

Signature

Special Beef Premium Eligibility/Headage Status (for Official use)

22

One Full

10 Month/Bull

Month

livestock

Other

From

To

From

Unit From

Schemes

FOLD CARD ON THIS LINE ONLY.

FOLD INWARDS TO PROTECT CARD INNER FACE.

............................................................ ............................................................ ............................................................ ........

Last test date of animal/herd for TB was

Herd No.

Last test date of animal/herd for BR was

Herd No.

______________________________

Signature of Issuing Officer

Certificate of further Tubercullosis Testing

I certify that this animal passed the test indicated below and that no animal failed the test.

Date of Test

Herd No.

Signature of Certifier

1.

2.

3.

4.

5.

6.

Certificate of further Brucellosis Testing

I certify that this animal passed the test indicated below and that no animal failed the test.

Date of Test

Herd No.

Signature of Certifier

1.

2.

3.

4.

5.

SEE REVERSE FOR NOTES

Tag No.

(Back)

RECORD OF OWNERS/KEEPERS, TRANSACTIONS AND MOVEMENTS

Record of Transactions at Marts (to be completed by Mart Official)

Date

Code No. of Mart

Lot. No.

Signature of Mart Official

1.

2.

3.

4.

5.

6.

7.

RECORD OF OWNERS/KEEPERS (TO BE COMPLETED BY EACH NEW OWNER/KEEPER ON ARRIVAL OF ANIMAL AT HOLDING)

Arrival Date

Herd Number or Keeper No.

Name and Address (BLOCK CAPITALS)

Signature

1.

Name............................................................ ..

Townland........................................................

County............................................................

2.

Name............................................................ ..

Townland........................................................

County............................................................

3.

Name............................................................ ..

Townland........................................................

County............................................................

4.

Name............................................................ ..

Townland........................................................

County............................................................

5.

Name............................................................ ..

Townland........................................................

County............................................................

6.

Name............................................................ ..

Townland........................................................

County............................................................

7.

Name............................................................ ..

Townland........................................................

County............................................................

This is an official document. It is the property of the Minister for Agriculture and Food. Any alteration/defacement/damage renders it invalid. Document must be signed by the owner/keeper and completed at RECORD OF OWNERS/KEEPERS, TRANSACTIONS AND MOVEMENTS following arrival of animal at each holding (see reverse of card). Document must be surrendered (a) on request to an Authorised Officer (b) to the veterinary surgeon at the commencement of test (c) to the new owner/keeper at time of sale (d) to the factory/abattoir at time of slaughter (e) to the DVO within 7 days in the event of death of the animal.

FOURTH SCHEDULE

I, Joe Walsh, Minister for Agriculture and Food, 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 97/12(EC)

(1)

of 17 March 1997, Council Regulation (EC) No. 820/97

(2)

of 21 April 1997, Commission Regulation (EC) No. 2628/97

(3)

of 29 December 1997, Commission Regulation (EC) No. 2629/97

(4)

of 29 December 1997, Commission Regulation (EC) No. 2630/97

(5)

of 29 December 1997, Commission Regulation (EC) No. 494/98

(6)

of 27 February 1998 and Commission Regulation (EC) No. 1678/98

(7)

of 29 July 1998 insofar as they relate to the identification and registration of births of animals and the issue of animal passports and keeping of registers, hereby make the following Regulations:—