STATUTORY INSTRUMENTS.

S.I. No. 269 of 2004 .

EUROPEAN COMMUNITIES (REGISTRATION OF IMPORTERS OF ANIMAL PRODUCTS) REGULATIONS 2004.

S.I. No. 269 of 2004 .

EUROPEAN COMMUNITIES (REGISTRATION OF IMPORTERS OF ANIMAL PRODUCTS) REGULATIONS 2004.

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, inter alia, of giving further effect to Council Directive No. 89/662/EEC of 11 December 1989¹ as amended by Council Directive No. 90/675/EEC of 10th December 1990² , Council Directive No. 91/67/EEC of 28th January 1991³ , Council Directive No. 91/492/EEC of 15th July 1991⁴ , Council Directive No. 91/493/EEC of 22nd July 1991⁵ , Council Directive No. 91/494/EEC of 26th June 1991⁶ , Council Directive No. 91/495/EEC of 27th November 1990⁷ , Council Directive No. 91/496/EEC of 15th July 1991⁸ , Council Directive No. 92/45/EEC of 16th June 1992⁹ , Council Directive No. 92/46/EEC of 16th June 1992¹⁰ , Council Directive No. 92/67/EEC of 14th July 1992¹¹ , Council Directive No. 92/118/EEC of 17th December 1992¹² , Council Regulation (EC) No. 806/2003 of 14th April 2003¹³ , Council Directive No. 90/425/EEC of 26th June 1990¹⁴ as amended by Council Directive 90/667/EEC of 27th November 1990¹⁵ , Council Directive No. 91/68/EEC of 28 January 1991¹⁶ , Council Directive No. 91/174/EEC of 25 March 1991¹⁷ , Council Directive No. 91/496/EEC of 15 July 1991⁹ , Council Directive No. 91/628/EEC of 19 November 1991¹⁸ , Council Directive No. 92/60/EEC of 13 July 1992¹⁹ , Council Directive No. 92/65/EEC of 13 July 1992²⁰ , Council Directive No. 92/118/EEC of 17 December 1992¹² , Council Directive No. 2002/33/EC of 12 October 2002²¹ and Council Directive No. 97/78/EC of 18 December 1997²² , hereby make the following regulations--

Citation and Commencement

1. These Regulations may be cited as the European Communities (Registration of Importers of Animal Products) Regulations 2004 and come into operation on of June 2004.

Interpretation

2. (1) In these Regulations--

“agent” includes a person who has administrative charge of an animal product being brought into the State and a person who, on behalf of another person makes a necessary declaration;

“animal product” means an animal or product other than fish or fishery product referred to in Article 1 or 14 of Council Directive No. 89/662/EEC of 11 December 1989 as amended by Council Directive No. 90/675/EEC of 10th December 1990, Council Directive No. 91/67/EEC of 28th January 1991, Council Directive No. 91/492/EEC of 15th July 1991, Council Directive No. 91/493/EEC of 22nd July 1991, Council Directive No. 91/494/EEC of 26th June 1991, Council Directive No. 91/495/EEC of 27th November 1990, Council Directive No. 91/496/EEC of 15th July 1991, Council Directive No. 92/45/EEC of 16th June 1992, Council Directive No. 92/46/EEC of 16th June 1992, Council Directive No. 92/67/EEC of 14th July 1992, Council Directive No. 92/118/EEC of 17th December 1992, Council Regulation (EC) No. 806/2003 of 14th April 2003 or in Article 1 of Council Directive No. 90/425/EEC of 26th June 1990 as amended by Council Directive No. 90/667/EEC of 27th November 1990, Council Directive No. 91/68/EEC of 28 January 1991, Council Directive No. 91/174/EEC of 25 March 1991, Council Directive No. 91/496/EEC of 15 July 1991, Council Directive No. 91/628/EEC of 19 November 1991, Council Directive No. 92/60/EEC of 13 July 1992, Council Directive No. 92/65/EEC of 13 July 1992, Council Directive No. 92/118/EEC of 17 December 1992 Council Directive No. 2002/33/EC of 12 October 2002 and Article 2.2(a) to Council Directive No. 97/78/EC of 18 December 1997;

“authorised officer” means an authorised officer within the meaning of section 17A (inserted by the Diseases of Animals (Amendment) Act 2001 (No. 2 of 2001)) of the Diseases of Animals Act 1966 (No. 6 of 1966);

“Minister” means the Minister for Agriculture and Food;

(2) A word or expression that is used in these Regulations and is also used in Council Directive No. 89/662/EEC as amended by Council Directive No. 90/675/EEC of 10th December 1990, Council Directive No. 91/67/EEC of 28th January 1991, Council Directive No. 91/492/EEC of 15th July 1991, Council Directive No. 91/493/EEC of 22nd July 1991, Council Directive No. 91/494/EEC of 26th June 1991, Council Directive No. 91/495/EEC of 27th November 1990, Council Directive No. 91/496/EEC of 15th July 1991, Council Directive No. 92/45/EEC of 16th June 1992, Council Directive No. 92/46/EEC of 16th June 1992, Council Directive No. 92/67/EEC of 14th July 1992, Council Directive No. 92/118/EEC of 17th December 1992, Council Regulation (EC) No. 806/2003 of 14th April 2003 or in Council Directive No. 90/425/EEC as amended by Council Directive No. 90/667/EEC of 27th November 1990, Council Directive No. 91/68/EEC of 28 January 1991, Council Directive No. 91/174/EEC of 25 March 1991, Council Directive No. 91/496/EEC of 15 July 1991, Council Directive No. 91/628/EEC of 19 November 1991, Council Directive No. 92/60/EEC of 13 July 1992, Council Directive No. 92/65/EEC of 13 July 1992, Council Directive No. 92/118/EEC of 17 December 1992, Council Directive No. 2002/33/EC of 12 October 2002 or in Council Directive No. 97/78/EC of 18 December 1997 has, unless the contrary intention appears, the same meaning in these Regulations as in the Council Directive in which it occurs.

(3) In these Regulations, unless otherwise indicated, a reference to a Regulation is a reference to a Regulation of these Regulations and a reference to a paragraph or subparagraph is to a paragraph or subparagraph of the provision in which the reference occurs.

Register of Importers

3. (1) A person shall not--

(a) cause an animal product to be brought into the State, or

(b) act as an agent for a person who causes an animal product to be brought into the State,

unless he or she is entered in the register under paragraph (2) in respect of that animal product or class of animal products (“register of importers of animal products”).

(2) The Minister may enter the name of a person in the register of importers of animal products, attach conditions to registration, revoke or vary a condition, refuse to register a person or refuse an application.

(3) An application for entry in the register of importers of animal products shall be made in a form, be accompanied by any material and contain any particulars that the Minister specifies.

(4) An entry in the register of importers of animal products is valid for five years unless determined at an earlier date.

(5) Without prejudice to the generality of paragraph (2), the Minister may refuse an application or erase the name of a person from the register of importers of animal products if--

(a) the applicant or person to whom registration relates has been convicted of, or committed, an offence, whether he or she has been convicted or not, under the Diseases of Animals Act 1966 or Regulations made under the European Communities Act 1972 that relates to an animal or animal product,

(b) the applicant or person to whom registration relates has failed to comply with a condition attached to registration,

(c) the applicant or person to whom registration relates is not, in the opinion of the Minister, a fit and proper person to be registered,

(d) without prejudice to paragraph (9), in relation to the application, information required has not been furnished or information that is, in the opinion of the Minister, false or misleading has been furnished,

(e) it is, in the opinion of the Minister--

(i) necessary to prevent the risk or spread of animal or human disease,

 (ii) necessary to eradicate animal or human disease, or

(iii) necessary, incidental, supplementary or consequential for the puposes of giving effect to an act of the institutions of the European Communities relating to animal health or welfare, or

(f) the Minister is of the opinion that a person has ceased the activity to which registration relates or, having made reasonable efforts to do so, the Minister cannot contact the person to whom registration relates.

(6) Without prejudice to the generality of paragraph (2), the Minister shall refuse an application or erase the name of a person from the register of importers of animal products if the applicant or person to whom registration relates is convicted, on indictment, of an offence under the Diseases of Animal Act 1966, ( No. 6 of 1966 ) or other enactment relating to an animal or animal product.

(7) Other than in the case of paragraph (6) or (8), if the Minister proposes to erase the name of a person from the register of importers of animal products or to refuse an application, he or she shall--

(a) notify the person concerned in writing of the proposal and of the reasons therefor, and that he or she may make representations to the Minister in relation to the proposal within 14 days of the notification,

(b) consider a representation duly made before deciding whether to proceed with, modify or annul the proposal, and

(c) notify the person concerned of the decision and the reasons therefor.

(8) If the Minister is of the opinion that it is necessary to prevent the risk of disease or to give effect to an Act of an institution of the European Communities including the European Regulation, he or she may or erase the name of a person from the register of importers of animal products or refuse an application in accordance with paragraph (9).

(9) If the Minister erases the name of a person from the register of importers of animal products or refuses an application in accordance with this paragraph, he or she shall--

(a) notify the person concerned in writing of the decision and the reasons therefor, and that he or she may make representations to the Minister in relation to the decision within 14 days of the date of the notification,

(b) consider a representation made, and

(c) confirm, modify or annul the decision and notify the person concerned of the decision and the reasons therefor.

(10) A person whose name is entered in the register of importers of animal products shall make such returns to the Minister as and when, and in such form as, the Minister may from time to time direct.

(11) The Minister shall maintain and publish, in a manner that he or she considers appropriate, the register of importers of animal products, divide the register into different classes having regard to the activity to which registration relates and include such information as he or she considers appropriate on the register.

(12) Where the Minister erases the name of a person from the register of importers of animal products or such registration expires through effluxion of time, an entry on the register of importers of animal products shall cease to have effect and the Minister shall, as soon as may be after erasure or expiry remove details of the entry from the register.

(13) The Minister may establish and maintain the Register of importers of animal products in a form that is not legible if it is capable of being converted into a legible form.

(14) A certificate purporting to be signed by an officer of the Minister stating that on a specified day or days or during a specified period the name of a particular person was not entered on the register of importers of animal products or that on a specified day the name of a person was erased from the Register of importers of animal products shall, without proof of the signature of the person purporting to issue the certificate or that he or she is an officer of the Minister, be evidence, unless the contrary is shown, of the matters stated in the certificate.

Authorised Officers

4. (1) An authorised officer or a veterinary expert employed by or acting on the authority of the Commission of the European Communities accompanied by an authorised officer, if the authorised officer has reasonable cause to suspect that--

(a) an animal product is present or may be present on a premises,

(b) an animal product is or has been processed, stored or otherwise dealt with on a premises,

(c) the premises has been used or may be used in relation to the import of an animal product or is ancillary to a premises which is either used or may be used in relation to the import of an animal product,

(d) a document relating to an animal product or other thing referred to in paragraph (a), (b) or (c), is present, or

(e) an offence is being or has been committed under these Regulations,

may enter any premises and the authorised officer may--

(i)  search the premises,

 (ii) stop any person, vehicle, vessel or container,

(iii) board and search any vehicle, vessel or container,

(iv) search a person, where the authorised officer considers it necessary,

 (v) examine an animal, animal product, vehicle, vessel, container or other thing that may consist of or contain an animal product,

(vi)  take, without payment, samples and carry out or cause to be carried out on the samples such tests, analyses, examinations tests or inspections as he or she considers necessary or expedient,

 (vii) seize and detain (for so long as is necessary) any such animal product, vehicle or container,

(viii)  require the production of a relevant document or thing relating to an animal product, vehicle, vessel or container,

 (ix)  retain any such document or thing (for so long as is necessary),

 (x)  dispose of, or require the owner or person in charge of or in possession of, an animal product to dispose of it (or any equipment, machinery, plant or other thing used in connection with, or that may have been in contact with, an animal product) in such manner as the authorised officer sees fit,

 (xi)  give such directions to, or request such information of, a person regarding an animal product, vessel, vehicle, aircraft or container as he or she considers necessary,

(xii)   require the name and address of a person and the name and address of any other relevant person including the person to whom the animal product is being delivered or who is causing it to be delivered,

 (xiii)   require of the person the ownership, identity and origin of the animal product, or

 (xiv)  mark or otherwise identify such animal product or a specimen taken under subparagraph (vi).

(2) An authorised officer shall not enter, other than with the consent of the occupier, a private dwelling, unless he or she has obtained a search warrant under paragraph (7) other than if he or she has reasonable cause to suspect that, before a search warrant could be sought in relation to the dwelling, anything to which paragraph (7) relates is being or is likely to be destroyed or disposed.

(3) An authorised officer may use reasonable force, if necessary, in the exercise of his or her powers under this Regulation.

(4) An authorised officer when exercising any powers under this Regulation may be accompanied by other persons and may take with him or her, or those persons may take with them, any equipment or materials to assist the officer in the exercise of those powers.

(5) An authorised officer is not liable in any proceedings for anything done in the purported exercise of his or her powers under this Regulation if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.

(6) Where a member of the Garda Síochána has reasonable cause to suspect that a person has committed an offence under these Regulations, the member may without warrant arrest the person.

(7) If a judge of the District Court is satisfied by information on oath of an authorised officer that there are reasonable grounds for suspecting--

(a) that there is on a premises, vehicle, vessel or aircraft an animal, animal by-product or product derived from an animal product,

(b) that there is on a premises, vehicle, vessel or aircraft a document, record or other thing relating to an animal product, or

(c) that there is evidence of a contravention of these Regulations therein or thereon,

the judge may issue a search warrant.

(8) A search warrant under this Regulation shall be expressed and operate to authorise a named authorised officer, accompanied by such authorised officers as the named authorised officer thinks necessary, at any time or times, within one month from the date of issue of the warrant, on production if so requested of the warrant, to enter (if necessary by use of reasonable force) the premises, vehicle, vessel or aircraft named in the warrant.

(9) Where a premises, vehicle, vessel or aircraft is entered pursuant to a warrant issued under this Regulation, an authorised officer so entering may exercise all or any of the powers conferred on an authorised officer under these Regulations.

Notice

5. (1) Without prejudice to the generality of Regulation 4, where an authorised officer is of the opinion that--

(a) these Regulations are not being or have not been complied with or there are reasons to believe that they will not be complied with, or

(b) there is a danger to public or animal health

he or she may, by a notice in writing stating that opinion and served on the person who appears to be the importer, owner, the master of a vessel or aircraft that was used to bring an animal product into the State, operator or person in charge of a premises, animal product or other thing to which the notice relates--

(i) seize and detain an animal product premises, vehicle, container or other thing, or

 (ii) require him or her to take such action as the authorised officer considers necessary.

(2) A notice under this Regulation may--

(a) require that an animal product be disposed of or destroyed in a manner specified in the notice,

(b) prohibit or regulate any operation or processing on the premises to which the notice relates,

(c) prohibit the transport or, as the case may be, the further transport of an animal product either absolutely or unless such conditions as may be specified in the notice are complied with,

(d) require a person to return an animal product (and any thing that is in the same container or consignment as the animal product) to the place of departure or other place by a route (if any) which in the opinion of the authorised officer is the most direct or prudent,

(e) require that such alterations be made to a premises or means of transport as may be specified in the notice, or

(f) require a person to cleanse and disinfect an animal product, vehicle, vessel, premises, container or part thereof.

(3) A person shall comply with a notice under this Regulation or a requirement of a notice unless and until the notice is annulled under paragraph (8).

(4) A requirement contained in a notice under this Regulation may specify a time limit within which it is to be complied with.

(5) A requirement specified in a notice under this Regulation (in this paragraph referred to as “the earlier notice”) may be modified or withdrawn in a further notice and the earlier notice shall have effect subject to the modification or withdrawal.

(6) A notice under this Regulation may require the person in control of an animal product, premises, means of transport or other thing to choose between two or more of the requirements specified in the notice.

(7) (a) A person affected by a notice under this Regulation may, within 7 days of the service of the notice, apply to the Judge of the District Court having jurisdiction in the District Court District where an animal product is situated or to the Judge of the District Court having jurisdiction in the District Court District where the person bringing the appeal ordinarily resides or carries on business on the grounds that the notice or any of the terms thereof are not justified having regard to this Order (in this Regulation referred to as “an appeal”).

(b) An appeal may be heard at any sitting of the District Court within the appropriate District Court District.

(c) Notice of an appeal shall contain a statement of the grounds upon which it is alleged that the notice or any of the terms thereof are not justified and shall be served on the Minister at least 48 hours prior to the hearing of the appeal.

(d) A copy of the notice of appeal shall be lodged with the District Court Clerk at least 48 hours prior to the hearing of the appeal.

(8) On the hearing of an appeal a Judge of the District Court may confirm, modify, or annul a notice.

(9) A person, including a person on whom a notice under this Regulation has been served, shall not--

(a) pending the determination of an appeal, deal with an animal product, premises, means of transport or other thing to which the notice relates, other than in accordance with the terms of the notice, or

(b) after such appeal, deal with an animal product, premises, means of transport or other thing concerned other than in accordance with the notice or notice as modified.

(10) (a) Where--

(i)  the person in control of an animal product, premises, means of transport or other thing fails to comply with the terms of a notice under this Regulation within the time specified therein,

 (ii) an authorised officer has reasonable grounds for believing that the terms of a notice under this Regulation will not be complied with,

(iii) a notice under this Regulation has been confirmed with or without modification under paragraph (8) and the notice has not been complied with,

(iv) an authorised officer has reasonable grounds for believing that the terms of a notice under this Regulation which has been confirmed with or without modification under paragraph (8) will not be complied with, or

 (v) pending the determination of an appeal, an authorised officer has reasonable grounds for believing that directions given pursuant to paragraph (9) have not been or shall not be complied with,

an authorised officer may at any time seize the animal product, premises, means of transport or other thing concerned.

(b) Where an animal product, premises, means of transport or other thing is seized in accordance with subparagraph (a), an authorised officer may--

(i) sell, destroy or dispose of the animal product or other thing or cause it to be sold, destroyed or be disposed of, or

 (ii) take such other measures in relation to the animal product, premises, means of transport or other thing as the authorised officer considers appropriate in the circumstances of the case.

(c) Any profits arising out of the sale, destruction or disposal of an animal product or other thing in accordance with subparagraph (b) shall be paid to the owner of the animal product or other thing less any expenses incurred in connection with the seizure, sale, destruction or disposal.

(11) The costs of a measure taken under this Regulation is recoverable by the Minister--

(a) as a simple contract debt in a court of competent jurisdiction from the person who was the owner of the animal or means of transport at time the measure was carried out, or

(b) by deducting the costs from any sum due by the Minister to a person on whom a notice has been served.

Records

6. A person who first takes delivery of an imported animal product from an importer or the agent of an importer shall, for a period of three years commencing when he or she takes delivery of the animal product, keep all health certificates or other documents that accompanied the animal product unless these documents have been taken into the possession of an authorised officer.

Forgery

7. (1) A person shall not forge or utter knowing it to be forged a notice under Regulation 4 (hereafter in this Regulation referred to as “a forged document”).

(2) A person shall not alter with intent to defraud or deceive, or utter knowing it to be so altered a notice under Regulation 4 (hereafter in this Regulation referred to as “an altered document”).

(3) A person shall not have, without lawful authority, in his or her possession or under his or her control a forged document or an altered document.

Service

8. (1) A notice under Regulation 4 shall, subject to paragraph (2), be addressed to the person concerned by name, and may be served on or given to the person in one of the following ways--

(a) by delivering it to the person,

(b) by leaving it at the address at which the person ordinarily resides or, in a case where an address for service has been furnished, at that address,

(c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case where an address for service has been furnished, at that address, or

(d) where the address at which the person ordinarily resides cannot be ascertained by reasonable enquiry and the notice relates to a premises, by delivering it to some person over 16 years of age resident or employed on the premises or by affixing it in a conspicuous position on or near the premises.

(2) Where a notice under Regulation 4 is to be served on or given to a person who is the owner or occupier of a premises and the name of the person cannot be ascertained by reasonable enquiry, it may be addressed to the person by using the words the owner or, as the case may require, the occupier.

(3) A person shall not at any time within 6 months after notice under Regulation 4 is affixed under paragraph (1)(d) remove, damage or deface the notice without lawful authority.

(4) For the purposes of this Regulation, a company within the meaning of the Companies Acts 1963 to 1990, is deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body is deemed to be ordinarily resident at its principal office or place of business.

Revocation and Savers

9. (1) Subject to paragraphs (2) and (3), Regulation 5 of the European Communities (Trade in Animals and Animal Products) Regulations 1994 ( S.I. No. 289 of 1994 ) are revoked in so far as they relate to animal products.

(2) A person who, immediately before the making of these Regulations was registered under the provision revoked by paragraph (1) and who, between 1 March 2004 and the making of these Regulations applied to be entered in the register maintained under that provision is considered to have applied to be entered in the register of importers of animal products and may operate as if entered on the register of importers of animal products until his or her application is determined.

(3) A person who, immediately before the making of these Regulations was registered under the provision revoked by paragraph (1) and who, within 14 days of the making of these Regulations applies to be entered in the register of importers of animal products may operate as if entered on the register of importers of animal products until his or her application is determined.

Offences

10. (1) A person who contravenes Regulation 3(1), (10), 5, 6 or 7 or obstructs or impedes an authorised officer in the exercise of his or her duties under Regulation 4 or 5 is guilty of an offence and is liable, on conviction, to a fine not exceeding €3,000 or to a term of imprisonment not exceeding 6 months or to both.

(2) An offence under these Regulations may be prosecuted by the Minister.

(3) Where an offence under these Regulations has been committed by a body corporate and it is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person who, when the offence was committed, was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in any such capacity, that person, as well as the body corporate, is guilty of an offence and liable to be proceeded against and punished as if guilty of the firstmentioned offence.

(4) Where the affairs of a body corporate or unincorporated body are managed by its members, paragraph (2) applies in relation to the acts and defaults of a member in connection functions of management as if such a member were a director or manager of the body corporate.

EXPLANATORY NOTE.

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

These Regulations provide that for import of animal products the importer and importing agent must be registered.

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