The Animal Health and Welfare (Amendment) Regulations (Northern Ireland) 2019

Document Number:2019 No. 82
 
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Statutory Rules of Northern Ireland

Agriculture

Animals

Made

9 th April 2019

Coming into operation -

11 th 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 1 A 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 11 th 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 2 Amendments 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 3 Amendments 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 4 Amendments 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 (H5 N1 in Poultry) Regulations (Northern Ireland) 2007(23);

    (l) the Avian Influenza (H5 N1 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 5 Amendments 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 6 Amendments 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 9 th April 2019

    Jackie Robinson

    A senior officer of the Department of Agriculture, Environment and Rural Affairs

    SCHEDULES

    Regulation 3(1)

    SCHEDULE 1 Amendments to the Identification Provisions

    Amendments to the Cattle Identification (Enforcement) Regulations (Northern Ireland) 1998

  8. The Cattle Identification (Enforcement) Regulations (Northern Ireland) 1998 are amended as follows.

  9. 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”.

  10. In regulation 3(3) (enforcement of the Council Regulation) , for “4.5 , 4.6” substitute “4.2 , 4 d”.

  11. 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

  12. The Cattle Identification (No. 2) Regulations (Northern Ireland) 1998 are amended as follows.

  13. 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;”.

  14. In regulation 3 (enforcement of Article 4 of the Council Regulation)—

    (a) in paragraph (1)(a) , for “Article 4.5” substitute “Article 4 d”; and

    (b) in paragraphs (3) and (4) , for “Article 4.2” substitute “Article 4 a”.

  15. In regulation 5(1) (movement from a holding) , for “the third indent of Article 4.2” substitute “Article 4 a.1”.

  16. In regulation 6 (replacement eartags) , in paragraph (1)(a) , for “Article 4.4 or 4.5” substitute “Article 4 c.1 or 4 d”.

  17. In regulation 9 (imports from third countries) , in paragraph (1) , for “4.3” substitute “4 b.2” and omit “(laying down the principles governing the organisation of veterinary checks on animals entering the Community)”.

  18. In regulation 10 (transitional provisions relating to eartags) , omit paragraphs (1) , (2) and (4).

  19. 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

  20. 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

  21. The Cattle Passport Regulations (Northern Ireland) 1999 are amended as follows.

  22. 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...

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