S.I. No. 257/2000 - European Communities (Assembly Centres) Regulations, 2000
I, Joe Walsh, Minister for Agriculture, Food and Rural Development, 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/EC1 of 17 March 1997 as amended by Council Directive 98/99/EC2 of 14 December 1998, in so far as it applies to assembly centres, hereby make the following regulations:
Citation and commencement
1. (1) These Regulations may be cited as the European Communities (Assembly Centres) Regulations, 2000.
(2) These Regulations shall come into operation on the 11th day of September, 2000.
Definitions
2. (1) In these Regulations -
“animal” means any bovine animal or swine;
“assembly centre” means a holding, collection centre or market at which animals from different holdings are grouped together to form consignments of animals intended for trade;
“authorised officer” means a person who for the time being stands appointed under Regulation 9 or an inspector within the meaning of the Diseases of Animals Act, 1966 (No. 6 of 1966);
“Council Directive” means Council Directive 97/12/EC of 17 March 1997 as amended by Council Directive 98/99/EC of 14 December 1998;
“ear-tag” means -
(a) an approved ear-tag within the meaning of the Bovine Tuberculosis (Attestation of the State and General Provisions) Order, 1989 ( S.I. No. 308 of 1989 ),
(b) an ear-tag referred to in Regulation 4 of the Bovine Tuberculosis (Attestation of the State and General Provisions) Order, 1996 ( S.I. No. 103 of 1996 ),
(c) an ear-tag referred to in Regulation 4 of the Bovine Tuberculosis (Attestation of the State and General Provisions) Order, 1999 ( S.I. No. 277 of 1999 ), or
(d) an ear-tag referred to in Council Regulation (EC) No. 820/973 of 21 April 1997 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products;
“Minister” means the Minister for Agriculture, Food and Rural Development;
“passport” means a passport issued under Regulation 4 of the European Communities (Identification and Registration of Bovine Animals) Regulations, 1999 ( S.I. No. 276 of 1999 ) as amended by the European Communities (Identification and Registration of Bovine Animals) (Amendment) Regulations, 2000 ( S.I. No. 46 of 2000 );
“veterinary surgeon” means a person registered for the time being in the register established under the Veterinary Surgeons Act, 1931 (No. 36 of 1931).
(2) A word or expression that is used in these Regulations and is also used in the Council Directive has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Council Directive.
(3) Any reference in these Regulations to a Directive is a reference to that Directive as amended before the making of these Regulations.
(4) In these Regulations -
(a) a reference to a Regulation is to a Regulation of these Regulations, unless it is indicated that reference to some other provision is intended, and
(b) a reference to a paragraph or subparagraph is to the paragraph or subparagraph of the provision in which the reference occurs, unless it appears that reference to some other provision is intended.
Approval of assembly centres
3. (1) A person shall not engage in the business of an assembly centre other than at an assembly centre approved in accordance with these Regulations.
(2) The Minister may, on application to him or her in that regard by the owner or person in charge of an assembly centre, approve the assembly centre for the purposes of these Regulations and the Council Directive, if he or she is satisfied that -
(a) the assembly centre complies with the provisions of these Regulations and the Council Directive,
(b) the application is a bona fide application,
(c) the assembly centre is under the supervision of an authorised officer who is a veterinary surgeon,
(d) the assembly centre is located in an area that is not subject to prohibition or restrictions in accordance with European Community or national legislation, and
(e) neither the owner or person in charge (or both) have any convictions within the preceding 5 years for an offence or offences under-
(i) these Regulations,
(ii) the Animal Remedies Act, 1993 (No. 23 of 1993),
(iii) The European Communities (Trade in Animals and Animal Products) Regulations, 1994 ( S.I. No. 289 of 1994 ),
(iv) the European Communities (Importation of Bovine Animals and Products obtained from Bovine Animals from the United Kingdom) Regulations, 1996 ( S.I. No. 87 of 1996 ),
(v) The Diseases of Animals Act, 1966 (No. 6 of 1996), or
(vi) regulations relating to veterinary matters made or to be made under the European Communities Act, 1972 (No. 27 of 1972).
(3) The Minister may limit approval to such class, species or type of animal, and may attach to an approval such terms or conditions, as he or she considers appropriate.
(4) The Minister may specify the format of the application referred to in paragraph (2) and, where he or she does so, it shall be a requirement of this Regulation to furnish the application in the format so specified.
(5) A person who applies for approval of an assembly centre under this Regulation shall furnish the Minister with such information as he or she may reasonably require for the purposes of his or her functions under these Regulations or the Council Directive.
(6) When the Minister approves an assembly centre in accordance with paragraph (2), he or she shall allocate an approval number to it and shall notify the applicant of -
(a) the approval and the approval number,
(b) any terms and conditions attached to the approval and, if he or she amends any terms or conditions of the approval, of the amendments, and
(c) the class, species or type of animal to which the approval relates.
(7) Notwithstanding Regulation 13, an assembly centre that, at the date of coming into operation of these Regulations, is a registered collection centre or assembly point in accordance with Regulation 12 of the European Communities (Trade in Bovine Animals and Swine) Regulations, 1997 ( S.I. No. 270 of 1997 ) or the Council Directive shall constitute an approved assembly centre for the purposes of these Regulations for a period of twelve months following such coming into operation.
(8) The Minister shall establish and maintain a register of approved assembly centres.
Refusal to approve and revocation of approvals
4. (1) The Minister may either refuse to grant an approval or revoke an approval, if he or she is satisfied that -
(a) the provisions of these Regulations or the Council Directive have not been complied with, or
(b) a term or condition referred to in Regulation 3(3) has not been complied with.
(2) Where the Minister proposes to refuse to grant an approval or to revoke an approval, or to attach a term or condition to an approval or to amend such a term or condition, he or she shall -
(a) notify in writing the owner or person in charge of the proposal and of the reasons therefor,
(b) notify that person in writing that he or she or a person acting on his or her behalf, may make representations to the Minister in relation to the proposal within 14 days of the receipt by him or her of the notification, and
(c) consider any such representations duly made before deciding whether or not to proceed with the proposal.
(3) Where an approval is revoked the Minister may issue a notice in writing requiring the owner or person in charge of the assembly centre to cease to engage in the business of an assembly centre at the centre concerned and the person concerned shall comply with that notice.
(4) The Minister may restore an approval that has been revoked where he or she is satisfied that -
(a) the shortcomings notified by the Minister to the owner or person in charge have been rectified, and
(b) the requirements of these Regulations and the Council Directive are being complied with at the assembly centre.
(5) The Minister may, where he or she is satisfied that there is a serious and immediate risk to human or animal health or animal welfare, or where the assembly centre is located in an area which has become subject to prohibitions or restrictions in accordance with European Community or national legislation, or where he or she is satisfied that activities in contravention of European Community or national legislation have taken place at an assembly centre, revoke an approval of an assembly centre without affording to the owner or person in charge of that assembly centre an opportunity of making the representations referred to in paragraph (2).
Responsibilities in regard to admittance of animals to assembly centres
5. The owner or person in charge of an assembly centre shall ensure that only the following are admitted to that assembly centre -
(a) a bovine animal that is identified by an ear-tag in its ear or ears as appropriate;
(b) a bovine animal that is accompanied by a passport and health documents as appropriate;
(c) a bovine animal that comes from a herd that is officially free of tuberculosis, brucellosis and leukosis;
(d) a bovine animal that meets the requirements relating to bovine tuberculosis and brucellosis as prescribed in the Bovine Tuberculosis (Attestation of the State and General Provisions) Order, 1989 ( S.I. No. 308 of 1989 ), as amended and the Brucellosis in Cattle (General Provisions) Order, 1991 ( S.I. No. 114 of 1991 ), as amended;
(e) a swine that is properly identified and accompanied by identification and health documents as appropriate.
Facilities at assembly centres
6. The owner or person in charge of an assembly centre shall ensure that the assembly centre has the following facilities:
(a) a clearly defined area dedicated exclusively for the purpose of an assembly centre when used for that purpose;
(b) such cleansing and disinfection equipment and space for the use thereof and such a supply of water as will enable the assembly centre to be thoroughly cleansed and disinfected and any vehicles used for the carriage of animals to or from the assembly centre to be thoroughly cleansed and disinfected;
(c) such a supply of drinking water and feeding facilities as are necessary for the animals at the assembly centre;
(d) such facilities as will enable the animals to be loaded or unloaded at the assembly centre onto or from any vehicle used for the carriage of livestock safely, efficiently and without undue discomfort to the animals;
(e) a crush, chute or other appropriate restraint facility for use in the inspection of animals or their ear tags; such facility shall be protected from the weather and shall be located at a suitable and convenient place in the assembly centre;
(f) adequate office accommodation (including facilities for the use of safekeeping of documents and computer hardware) for the use of authorised officers;
(g) such housing soundly constructed from suitable materials and capable of being thoroughly cleansed and disinfected as will accommodate securely and without overcrowding or discomfort the animals held in the assembly centre;
(h) such facilities soundly constructed from suitable material and capable of being thoroughly cleansed and disinfected as will enable the isolation, watering, feeding and treatment of sick or unfit animals or animals detained on veterinary grounds securely and without overcrowding;
(i) a below-ground slurry tank or other appropriate drainage system for collecting waste water;
(j) appropriate storage areas for fodder, litter and manure.
Responsibilities in regard to record keeping and other matters
7. (1) The owner or person in charge of an assembly centre shall, either on the basis of documentation accompanying an animal or the identification number or mark on the animal, keep a record in respect of each animal entering the assembly centre of -
(a) the name and address of the owner, origin, date of entry, number and identification, the registration number of the holding or the herd of origin, the date of exit and the proposed destination, and
(b) the authorisation number of the transporter, as allocated by the Minister in accordance with Article 12 of the Diseases of Animals (Protection of Animals during Transport) Order, 1995 ( S.I. No. 98 of 1995 ), and the registration number of the vehicle delivering and collecting the animal.
(2) The record referred to in paragraph (1) shall be maintained in a register or database and shall be retained for a period of at least three years following the date of admittance of the animal to the assembly centre.
(3) The owner or person in charge of an assembly centre shall, if requested by the Minister to do so, furnish to him or her such information in respect of transactions at the assembly centre as he or she may reasonably require for the purposes of his or her functions under these Regulations or the Council Directive; such information shall be provided in the format and within the timescale prescribed by the Minister.
(4) The owner or person in charge of an assembly centre shall facilitate the carrying out of inspections, controls and tests on animals by an authorised officer or a veterinary surgeon.
(5) The owner or person in charge of an assembly centre shall ensure that the assembly centre is cleaned and disinfected when so requested, and in the manner specified, by an authorised officer.
8. An assembly centre shall be under the control of an authorised officer.
Authorised officers
9. (1) The Minister may appoint such and so many persons as he or she thinks fit to be authorised officers for the purposes of these Regulations.
(2) An authorised officer, when exercising any power conferred on him or her by these Regulations, shall, if so requested by any person affected, produce evidence in writing of his or her appointment as an authorised officer.
(3) An authorised officer may, for the purpose of these Regulations or the Council Directive -
(a) at all reasonable times enter any assembly centre,
(b) there or at any other place, carry out or have carried out such checks, examinations and inspections of the assembly centre and of any facilities, equipment, machinery, plant or any other article, substance or liquid found there as he or she reasonably considers necessary or expedient for the purposes of his or her functions under these Regulations or the Council Directive,
(c) there or at any other place, examine and inspect any animals held at the assembly centre,
(d) take, without payment of compensation, such samples from animals (including blood, urine, faeces, milk, saliva, semen, tissue or other thing) or of any article, substance or liquid found at the assembly centre as he or she may reasonably require for the purpose of such functions and there or at any other place carry out or have carried out on the samples such analyses, examinations, checks and inspections as he or she considers necessary or expedient,
(e) require any person at the assembly centre and the owner or person in charge thereof and any person employed in connection therewith to give to him or her such information and to produce to him or her such books, certificates, documents and other records as he or she may reasonably require for the purposes of such functions,
(f) examine and take copies of, or extracts from, any such records as aforesaid, and
(g) seize and detain anything found there which he or she reasonably believes to be evidence of an offence under these Regulations.
(4) A person shall not, in purported compliance with a requirement under paragraph (3)(e), give information to an authorised officer that he or she knows to be false or misleading in a material respect.
Prosecutions
10. An offence under these Regulations may be prosecuted by the Minister.
Offences
11. (1) Any person who contravenes a provision of these Regulations shall be guilty of an offence.
(2) Any person who impedes, obstructs or otherwise interferes with an authorised officer in the exercise of a power conferred on him or her by these Regulations shall be guilty of an offence.
(3) Where an offence under these Regulations has been committed by a body corporate and is proved to be so committed with the consent or connivance of or 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 and punished as if he or she were guilty of the first-mentioned offence.
Penalties
12. A person guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding £1,500 or, at the discretion of the court, to imprisonment for a term not exceeding 12 months, or to both.
Revocation
13. Regulation 12 of the European Communities (Trade in Bovine Animals and Swine) Regulations, 1997 ( S.I. No. 270 of 1997 ) is hereby revoked.
GIVEN under my Official Seal, this 21st day of August, 2000.
Joe Walsh
Minister for Agriculture, Food and Rural Development.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations implement Council Directive 97/12/EC of 17 March 1997 in so far as it concerns assembly centres for animals being sent to European Union countries.
1O.J. No. L 109 of 25.4.97, p.1.
2O.J. No. L 358 of 31.12.98, p. 107.
3O.J. No. L 117 of 7.5.97, p.1.
