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Equidae) Regulations 2014. S.I. No. 207/2014 - European Union (Identification
Equidae) Regulations 2014. AmendmentsLeasuithe Download PDF Íoslódáil PDF TABLE
CONTENTS PART 1 Preliminary and General
approval
issuing body to comply with the Commission Regulation
information held on database
issuing body and compliance with Articles 21 and 23 Keepers
equidae and prohibition on giving incorrect information with application Movement 16. Requirement to comply with Chapter IV
the Commission Regulation on moving equidae
registered equidae Slaughterhouses 19. Prohibition on slaughterhouse slaughtering equidae for human consumption which are not intended for such Death
equidae 20. Requirement on death
equidae Transponders 21.
ficial veterinarian
veterinary practitioner PART 4 Enforcement Authorised
ficers
ficer
an authorised
ficer 29. Powers
members
the Garda Síochána and
ficers
the Revenue Commissioners Compliance notice
invalid identification documents 35. Re- issue
identification document and further implantations
transponders 36. Prohibition on holding more than one identification document in respect
equidae 37. Prohibition on possession
identification document by person other than keeper, etc. PART 6 Proceedings 38.
fence — body corporate
fences
full age PART 7 Notices
2014 EUROPEAN UNION (IDENTIFICATION
EQUIDAE) REGULATIONS 2014 Notice
the making
this Statutory Instrument was published in “Iris Oifigiúil”
23rd May, 2014. I, SIMON COVENEY, Minister for Agriculture, Food and the Marine, in exercise
the powers conferred on me by section 3
the European Communities Act 1972 (No. 27
1972) for the purpose
giving full effect to Commission Regulation (EC) No. 504/2008
6 June 20081 , and giving effect to Council Directive No. 90/427/EEC
26 June 19902 , and Commission Decision No. 92/353/EEC
11 June 19923 , hereby make the following regulations: PART 1 Preliminary and General Citation 1. These Regulations may be cited as European Union (Identification
Equidae) Regulations 2014. Interpretation 2.
ficer” means— (a) a member
the Garda Síochána, (b) an
ficer
the Revenue Commissioners, (c) an authorised
ficer appointed under section 37
the Animal Health and Welfare Act 2013 (No. 15
2013), or (d) a person appointed as an authorised
ficer under Regulation 24; “central database” means the central database set up by the Minister in accordance with Article 23
the Commission Regulation; “Commission Decision” means Commission Decision No. 92/353/EEC
11 June 19923; “Commission Regulation” means Commission Regulation (EC) No. 504/2008
6 June 20081; “compliance notice” means a notice under Regulation 30; “database” means a database established and maintained, in accordance with Article 21
the Commission Regulation, by an issuing body to record information electronically concerning equine animals and identification documents issued by it; “equidae”, “equine animal”, “keeper”, “transponder” and “unique life number” have the meanings assigned to them, respectively, in Article 2
the Commission Regulation; “equidae for breeding and production” means equidae which are not entered in a stud-book; “equine legislation” means the Commission Regulation or these Regulations; “identification document” means a document issued (in accordance with Article 5
the Commission Regulation) for the purposes
the Commission Regulation in respect
an equine animal born in the European Union or imported into the State (as referred to in Article 8
the Commission Regulation) or a duplicate or replacement identification document (in accordance with Articles 16 and 17, respectively,
the Commission Regulation); “issuing body” means a person approved under Regulation 4 or 5; “local authority” has the meaning assigned to it in the Local Government Act 2001 (No. 37
2001); “Minister” means Minister for Agriculture, Food and the Marine; “premises” includes land (including land under water) with or without buildings; “record” includes a memorandum, book, plan, map, drawing, diagram, pictorial or graphic work or other document, a photograph, film or recording (whether
sound or images or both), any form in which data (within the meaning
the Data Protection Acts 1988 and 2003) are held, any other form (including machine-readable form) or thing in which information is held or stored manually, mechanically or electronically and anything that is a part or a copy, in any form,
any
the foregoing or is a combination
two or more
the foregoing; “registered equidae” means equidae which are eligible for entry in and are entered and registered in a stud-book; “slaughterhouse” includes a food business registered or approved under the European Communities (Food and Feed Hygiene) Regulations 2009 ( S.I. No. 432
2009 ); “stud-book” means a book, register, file or data medium established or maintained by an organisation approved under Regulation 4, or by the competent authority
another Member State in accordance with the Commission Decision, in which equidae are entered and registered with mention
all their known ascendants; “vehicle” includes a railway wagon or trailer, designed for use or used with a vehicle, or container designed or used for carriage on a vehicle, whether either is attached to or detached from a vehicle; “vessel” includes a boat, a ship, a hovercraft or an aircraft or a container designed or used for carriage on a vessel (whether attached to or detached from the vessel); “veterinary practitioner” means a person registered under Part 4
the Veterinary Practice Act 2005 (No. 22
2005).
any matter to which these Regulations apply, Regulations 21, 22, 23, 25 and 27
the European Communities (Equine) Regulations 2011 ( S.I. No. 357
2011 ), (
Regulation 2
the European Communities (Equine) (Amendment) Regulations 2012 ( S.I. No. 371
2012 ), and (c) the European Communities (Equine) (Amendment) Regulations 2013 ( S.I. No. 69
2013 ). PART 2 Issuing bodies Approval — stud-books 4.
the Commission Decision where the person meets the standards laid down in the Annex to the Commission Decision, and (b) to issue an identification document for registered equidae in accordance with the Commission Regulation.
fence. Approval — identification documents for equidae for breeding and production 5.
issuing identification documents for equidae for breeding and production in accordance with the Commission Regulation.
an approval under paragraph
the Commission Regulation.
fence. Applications for approval 6.
an
fence under equine legislation or the Criminal Justice (Theft and Fraud)
fences Act 2001 (No. 50
2001), within the period
5 years prior to the making
the application, or (c) in accordance with Article 2
the Commission Decision.
the reasons for the proposed refusal and afford the applicant an opportunity to make written representations to the Minister not later than 14 days from the date
issue
the notification.
his or her decision. If the decision is to refuse the application, the Minister in the notification shall inform the applicant
his or her right to appeal the decision under Regulation 9. Withdrawal or suspension
approval 7.
an approval is not complying with equine legislation or the Commission Decision, he or she may, subject to paragraph
an approval is convicted
an
fence under equine legislation, the Minister may, subject to paragraph
an approval, notify the holder
the reasons for the proposed withdrawal or suspension and allow the holder to make representations in writing to him or her not later than 14 days from the date
service
the notification.
the decision and inform the holder
his or her right to appeal the decision under Regulation 9.
the withdrawal or suspension, give to the Minister all documents, stud-books and databases connected with the issuing
identification documents under the Commission Regulation to which the approval relates.
fence and is liable on summary conviction to a class B fine. Prohibition on maintaining a stud-book and issuing identification documents while approval is withdrawn or suspended 8.
fence.
persons who have had an approval withdrawn or suspended under Regulation 7.
fer, advertise or engage in the provision
services relating to the approval. Appeal 9.
the Minister to refuse him or her an application for an approval or to withdraw or suspend an approval may, not later than 14 days following the decision, appeal the decision to a judge
the District Court within whose district he or she carries, or intends to carry, on the business
issuing identification documents or maintaining a stud-book.
an approval, he or she may make an application to a judge
the District Court within whose district the appeal is made that the withdrawal or suspension stands suspended until the appeal is determined or withdrawn.
an appeal, confirm the decision or allow the appeal, with or without modification.
the District Court is final other than an appeal from the decision on a specified point
law to the High Court.
identification documents for registered equidae, and Regulation 4
identification documents for equidae for production and breeding,
the European Communities (Equine) Regulations 2011 ( S.I. No. 357
2011 ) which are in force immediately before the making
these Regulations continue in force until their expiry and are deemed to have been, in the case
approvals— (a) in relation to establishing and maintaining stud-books, granted under Regulation 4
these Regulations, and (b) in relation to issuing passports, granted under Regulations 4
these Regulations. PART 3 Compliance requirements Issuing bodies Requirement
issuing body to comply with the Commission Regulation 11. An issuing body that fails to act in accordance with the requirements made
an issuing body under the Commission Regulation commits an
fence. Requirement to indicate equidae as not fit for human consumption 12.
the Commission Regulation, the issuing body shall issue a replacement identification document in respect
the animal in accordance with Article 17
the Commission Regulation and shall classify the equine animal in Part II
the identification document as not intended for slaughter for human consumption.
an equine animal in accordance with Article 16 or 17
the Commission Regulation, it shall, if a declaration is not already made in Part II
the identification document in accordance with Article 20
the Commission Regulation, classify the animal as not intended for slaughter for human consumption in accordance with the Article concerned.
fence and is liable on summary conviction to a class A fine. Furnishing
information held on database
issuing body and compliance with Articles 21 and 23 13.
the Commission Regulation, and (b) any other information the Minister may require, for the purpose
including the information in the central database.
fence.
the Commission Regulation commits an
fence. Keepers Prohibition on keeping unidentified equidae 14. A person who keeps an equine animal which is not identified in accordance with the Commission Regulation commits an
fence and is liable on summary conviction to a class A fine. Requirement to apply for registration
equidae and prohibition on giving incorrect information with application 15.
an equine animal who fails to comply with the requirements made
him or her under Article 8 (which relates to the identification
imported equidae)
the Commission Regulation commits an
fence and is liable on summary conviction to a class A fine.
an existing identification document in the database
an issuing body, provides information or makes a statement with respect to the application which is false or materially misleading commits an
fence.
the keeper
the equine animal to whom the application relates. Movement Requirement to comply with Chapter IV
the Commission Regulation on moving equidae 16. A person who, in moving or transporting an equine animal, fails to comply with Chapter IV
the Commission Regulation commits an
fence. Prohibition on moving equidae where movement is suspended under Commission Regulation 17. A person who moves an equine animal where movement
the animal is suspended in accordance with Article 18
the Commission Regulation commits an
fence. Movement
registered equidae 18.
the State and equidae registered in a stud-book in another Member State may not be brought into the State unless the requirements
Council Directive No. 90/427/EEC
26 June 19902 regarding registration in the appropriate stud-book
the other Member State or the State, as the case may be, are complied with.
fence. Slaughterhouses Prohibition on slaughterhouse slaughtering equidae for human consumption which are not intended for such 19.
a slaughterhouse shall not— (
the animal within the dates set down in Article 5
the Commission Regulation, (
the identification document relating to the animal contains a declaration that the animal is not intended for slaughter for human consumption, the 6 month general withdrawal period specified in Part III
the identification document has not expired, or if he or she has reason to suspect that— (i) Part II
the identification document relating to the animal should have contained a declaration that the animal is not intended for slaughter for human consumption, (
the Commission Regulation, or (iv) any transponder implanted into the animal— (I) does not relate to its identification document or has been tampered with or altered, or (II) does not bear a unique life number.
a slaughterhouse who fails to comply with this Regulation commits an
fence.
which is not, after slaughter, made available for human consumption and is destroyed. Death
equidae Requirement on death
equidae 20.
the slaughterhouse, or (b) dies elsewhere, its keeper, shall comply with the requirements
the Commission Regulation.
a premises registered or approved under the European Union (Animal By-Products) Regulations 2014 ( S.I. No. 187
2014 ) shall comply with the requirements
the Commission Regulation.
fence and is liable on summary conviction to a class A fine. Transponders
ficial veterinarian 21. An authorised
ficer who is a veterinary practitioner is an
ficial veterinarian for the purposes
the Commission Regulation. Transponders — designation and implantation 22.
the Commission Regulation bears a unique life number.
fence and is liable on summary conviction to a class A fine.
the Commission Regulation to implant transponders into equine animals.
the Commission Regulation.
fence and is liable on summary conviction to a class A fine.
fence.
fence. Veterinary practitioners Obligations
veterinary practitioners 23.
a veterinarian practitioner under Article 20
the Commission Regulation commits an
fence and is liable on summary conviction to a class A fine.
the Commission Regulation to Articles 6
Directive 2001/82/EC
the European Parliament and
the Council
6 November 20014 are to be read as references to Regulations 9
the European Communities (Animal Remedies) (No. 2) Regulations 2007 ( S.I. No. 786
2007 ). PART 4 Enforcement Authorised
ficers Appointment 24.
ficers to enforce equine legislation and the Commission Decision.
a local authority may appoint in writing persons to be authorised
ficers to enforce equine legislation and the Commission Decision within the functional area
that authority or such other local authority with which it has entered into an agreement.
ficer under these Regulations shall be furnished with a warrant
his or her appointment and shall, if requested by any person affected, produce to the person the warrant.
ficer under the European Communities (Equine) Regulations 2011 ( S.I. No. 357
2011 ) who is such an
ficer immediately upon the revocation
those Regulations continues to be an authorised
ficer under this Regulation. Search
premises Powers 25.
enforcing equine legislation and the Commission Decision, an authorised
ficer may— (
ficer for inspection
any identification document, documentation or records (and in the case
information or records stored in non-legible form, the production to him or her
a copy in legible form) or stud-books relating to an equine animal or information relating to an equine animal held on a database, and inspect such and take any copies
such, (
any person in charge or in possession
identification documents, documentation, records or stud-books, or in control
equine animals, (
any record (including a legible reproduction
one stored in non-legible form), document or extracts from the record or document that the
ficer finds or is produced to him or her during an inspection, (
his or her powers, an equine animal or any article he or she may reasonably require, and carry out or cause to be carried out, on the samples such tests, analyses, examinations or inspections as he or she considers necessary or expedient, and mark or otherwise identify the sample.
ficer has reasonable grounds for believing that— (
fence is being, or has been, committed under these Regulations, (c) evidence
an
fence to which paragraph (b) relates may be, is or has been on any premises, vehicle or vessel, the
ficer may, in addition to the powers exercisable by him or her under paragraph
the vehicle, vessel or other thing used in connection with an equine animal, transponder, database, identification document or stud-book to— (I) refrain from moving it or move it to a location where it may be searched or examined as instructed by an authorised
ficer, and (II) give information regarding its ownership, place
departure, journey or destination, (iv) require the owner or person in possession or control
any premises, vehicle, vessel or other thing used in connection with an equine animal, transponder, database, identification document or stud-book, to produce to the
ficer such records (and in the case
a record stored in non-legible form, produce to him or her a copy in a legible form) that are in the person’s possession or procurement, or under the person’s control, as the
ficer may reasonably require, (v) seize, detain and, if necessary, dispose
an equine animal, transponder, database or identification document or record connected with such and mark or otherwise identify it, (vi) detain any vehicle or vessel for such period as is reasonably necessary for the purposes
permitting an inspection or a search under equine legislation either at the place where it was first detained or require it to be moved to such other location as the authorised
ficer requires, (vii) remove any other thing used in connection with an equine animal, transponder, database, identification document, documents or stud-books or records connected with such and detain it for such period as is reasonably necessary for the purpose
his or her functions under these Regulations.
ficer shall not enter— (a) except with the consent
the occupier, a private dwelling, or (b) except with the consent
the person in charge
the premises, a premises for the purposes
paragraph
or destroyed.
fence and is liable on summary conviction to a class A fine. Inspection
identification documents and examination
equine animals
ficer may require
any person who appears to the
ficer to be in charge or in possession
an equine animal the production to the
ficer for inspection by him or her
the identification document relating to the animal.
ficer may examine any equine animal found in a public place to see if it is implanted with a transponder in accordance with Article 11
the Commission Regulation. Seizure
ficer an identification document relating to an equine animal, the
ficer may seize and detain the animal.
ficer within 5 days
the detention
the animal, the
ficer may dispose
the equine animal (including having it destroyed).
ficer upon— (a) inspection
a document presented to him or her under paragraph
an animal under paragraph
the Commission Regulation, or (ii) is implanted with a transponder— (I) that does not bear a unique life number, or (II) which has been forged or tampered with or otherwise altered with intent to deceive, the
ficer may seize and detain the document and the equine animal, as the case may be, until the conclusion
any proceedings, it is shown to be a valid identification document or the equine animal is identified in accordance with Article 11
the Commission Regulation.
the Commission Regulation, an authorised
ficer may, subject to paragraph
the animal (including having it destroyed).
ficer having examined an equine animal under this Regulation finds that the animal— (a) is not accompanied by an identification document issued in respect
the animal, (b) is accompanied by a document purporting to be an identification document issued in respect
it, but the document does not relate to the animal or has been tampered with or otherwise altered with intent to deceive, (
the Commission Regulation, or (
ficer may seize and detain the animal and, subject to paragraph
it (including having it destroyed) not earlier than 5 days following its detention.
exercising a function under this Regulation, an authorised
ficer finds or comes into possession
anything that the
ficer has reasonable grounds for believing to be evidence
an
fence or suspected
fence under these Regulations, the
ficer may seize and retain it for use in evidence in proceedings for an
fence under these Regulations.
the animal or its owner cannot reasonably be ascertained, the authorised
ficer seizing the animal may affix a notice in a conspicuous place where the animal is seized or in the Garda station in whose district the animal is seized giving a description
the animal and where it is detained.
the animal or thing, apply to the judge
the District Court within whose district the seizure was effected for an order directing the return
the animal or thing.
an application under paragraph
the equine animal or thing was properly carried out, confirm the seizure and detention, or (b) if not satisfied in accordance with paragraph (a), order the return to the person claiming an interest in it
the animal or thing seized.
the District Court may adjourn an application under paragraph
fence under these Regulations relating to the equine animal or thing seized has been determined or withdrawn.
the detention or disposal
an equine animal seized under this Regulation shall be borne by its keeper or such other person who appears to an authorised
ficer to be responsible for the animal, subject to any decision otherwise
a judge
the District Court under an application under paragraph
equine animals
ficer may, personally or by notice, require a person to give to an authorised
ficer such information as is in the person’s knowledge or procurement regarding— (a) identification
equine animals (including identification documents, transponders and databases) and stud-books, (b) the identity
the owner
equine animals, (c) the movement
equine animals, and (d) the ownership and identity
premises where equine animals are kept or slaughtered or any vehicle or vessel used in the movement
equine animals. Ancillary powers
ficer, when exercising a function under this Regulation, may be accompanied by other persons and the
ficer and those other persons may take with them, any equipment or materials to assist the
ficer in the exercise
his or her functions under this Regulation.
ficer may use reasonable force, if necessary, to exercise his or her functions under these Regulations.
the Industrial and Provident Societies Act 1893 (56 & 57 Vict. c.39) prevents an authorised
ficer from exercising a function conferred on him or her by these Regulations. Requirement to give assistance to an authorised
ficer 26.
any premises used in connection with an equine animal, transponder, database, identification document, stud-book or record or other thing used in connection with such shall, where it is practicable and possible, if required by an authorised
ficer, provide suitable equipment or facilities for the
ficer to carry out his or her functions under Regulation 25.
them under his or her control, or (c) information or a record relating to any
them, shall give such— (i) assistance to an authorised
ficer or a person who accompanies the
ficer, or (ii) information to an authorised
ficer, on request being made, in that behalf by the
ficer, as the
ficer may reasonably require for the exercise
his or her functions under Regulation 25. Search warrant 27.
the District Court is satisfied by information on oath
an authorised
ficer that there are reasonable grounds for suspecting that— (a) evidence
or relating to the commission or intended commission
an
fence under these Regulations is to be found on a premises, (
ficer, accompanied by such authorised
ficers or other persons as the named authorised
ficer thinks necessary, at any time, within one month from the date
issue
the warrant, on production if so requested
the warrant, to enter (if necessary by use
reasonable force) the premises named in the warrant.
ficer so entering may exercise all or any
the functions conferred on an authorised
ficer under these Regulations. Obstruction, etc.
an authorised
ficer 28.
ficer or any person who accompanies an authorised
ficer, in the course
exercising a function conferred on an authorised
ficer under Regulation 25, (b) fails or refuses, without reasonable excuse, to comply with a request or requirement
an authorised
ficer under Regulation 25 or 26, (
ficer under these Regulations, makes a statement that he or she knows to be false or misleading in a material particular or recklessly makes a statement which is false or misleading in a material particular, or fails to disclose a material particular, or (d) fails, without reasonable excuse, to comply with a requirement under Regulation 26
, or to give assistance or requested information under Regulation 26
ficer, commits an
fence and is liable on summary conviction to a class A fine.
fence (other than an
fence under this Regulation for failing to give information or false or misleading information) under these Regulations. Powers
members
the Garda Síochána and
ficers
the Revenue Commissioners — searching and stopping vehicles 29.
the Garda Síochána or an
ficer
the Revenue Commissioners has reasonable grounds for believing that there is evidence on a person or in a vehicle or vessel
an
fence committed under these Regulations the member or
ficer may without warrant— (a) search or cause to be searched the person and, if the member or
ficer considers it necessary, detain the person for such time as is reasonably necessary to carry out the search, (b) search or cause to be searched a vehicle or vessel in which the member or
ficer suspects that evidence in relation to an
fence committed under these Regulations may be found and for the purpose
carrying out the search, if the member or
ficer thinks fit, require the person who is in charge or control
the vehicle or vessel to bring it to a stop and when stopped to refrain from moving it or, where the vehicle or vessel is already stationary, to refrain from moving it, or (c) seize and detain or cause to be seized and detained anything found in the course
a search under this Regulation which any such member or
ficer reasonably suspects to be something which might be required as evidence in proceedings for such an
fence.
the Garda Síochána or an
ficer
the Revenue Commissioners decides to search or cause to be searched a person under paragraph
ficer may require the person to accompany that member or
ficer to a Garda Síochána station or a Revenue Commissioners’
fice for the purpose
being so searched at that station or
fice.
the Garda Síochána or an
ficer
the Revenue Commissioners may stop a vehicle or vessel, for the purposes
these Regulations, and may require it to be moved for inspection to such place as he or she directs.
the Garda Síochána or an
ficer
the Revenue Commissioners.
the Garda Síochána or an
ficer
the Revenue Commissioners in the exercise
a power under this Regulation commits an
fence and is liable on summary conviction to a class A fine. Compliance notice Compliance notice 30.
ficer is
the opinion that a contravention
, or failure to comply with, equine legislation, the Commission Decision or the conditions
an approval may have taken, or be taking, place, the
ficer may serve a notice (“compliance notice”) stating that opinion on the person— (a) who appears to be the owner, occupier, or person in charge
the premises to which the notice relates, or (b) in possession or control
an equine animal, identification document, database, record, transponder or other thing to which the notice relates.
fence and is liable to a penalty set out in Regulation 40.
or destroyed in a manner and at a place (if any) specified in the notice, (
an equine animal entirely or unless such conditions, as may be specified in the notice, are complied with, (d) require the person to give to an authorised
ficer any documents, records or database relating to an approval granted under equine legislation or the Commission Decision or approval or registration granted under— (i) the European Communities (Food and Feed Hygiene) Regulations 2009 ( S.I. No. 432
2009 ), or (ii) the European Union (Animal By-Products) Regulations 2014 ( S.I. No. 187
2014 ), and (e) require a person to cease issuing identification documents or maintaining a stud-book or both.
the notice.
any premises, equine animal or other thing to which equine legislation relates, to choose between two or more requirements specified in the notice.
an appeal under Regulation 31.
fence. Appeal against compliance notice 31.
service
the notice, appeal to the judge
the District Court having jurisdiction in the District Court district— (a) where an equine animal, the subject
the notice, is situated, or (b) where the person bringing the appeal ordinarily resides or carries on business, on the grounds that the compliance notice is unreasonable having regard to equine legislation or the conditions
the approval concerned or, if the compliance notice relates to an equine animal, on the grounds that he or she is not the keeper
the animal.
an appeal shall contain a statement
the grounds upon which it is alleged that the compliance notice is unreasonable having regard to equine legislation or the conditions
the approval concerned, as the case may be, and shall be served on the authorised
ficer who served the notice at the address included on the notice in accordance with Regulation 30
the appeal.
the notice
appeal with the District Court clerk concerned not later than 48 hours prior to the hearing
the appeal.
which an appeal is brought under this Regulation shall have effect pending the decision
the Court under paragraph
an appeal the judge
the District Court may confirm, modify or annul the compliance notice.
the appeal
the notice, deal with an equine animal, other than in accordance with the terms
the notice, or (b) if the notice is confirmed or modified on appeal, deal with an equine animal, other than in accordance with the terms
the notice as confirmed or modified.
fence.
an equine animal fails to comply with the terms
a compliance notice within the time specified in the notice, or (b) an authorised
ficer has reasonable grounds for believing that a compliance notice is not being, or is likely not to be, complied with, an authorised
ficer may at any time seize and detain the equine animal referred to in paragraph (a).
an appeal under Regulation 31 not being made within the period allowed under that Regulation to make an appeal, after that period, or (b) in the event
such an appeal being made and the appeal is not successful, after the confirmation by the court
the notice— an authorised
ficer may— (i) sell, destroy or dispose
an equine animal or cause it to be sold, destroyed or be disposed
, or (ii) take such other measures in relation to the equine animal, as the authorised
ficer considers appropriate in the circumstances.
the sale, destruction or disposal
an equine animal in accordance with paragraph
the equine animal less any expenses incurred in connection with the seizure, sale, destruction or disposal.
a measure taken under this Regulation are recoverable by the Minister or the local authority in whose functional area the animal is detained, as appropriate, as a simple contract debt in a court
competent jurisdiction from the person who was the keeper
the equine animal at the time the measure was carried out. PART 5 Documents Forgery Forgery and tampering with identification documents, etc 33.
the aforesaid.
which lies on him or her) in his or her possession or under his or her control a document to which this Regulation applies or a transponder which he or she knows has been forged or has, with intent to deceive or defraud, been tampered with or otherwise altered.
fence and is liable— (
invalid identification documents 34.
the opinion that identification documents issued by an issuing body do not comply with the requirements
the Commission Regulation the documents are void and
no effect and, unless the contrary is shown, and the Minister may by informing (which may be by notice published on the website
the Department
Agriculture, Food and the Marine or in a newspaper published in, and circulating in, the State) holders
such documents require that any such holder returns the identification document he or she holds to the Minister at the address specified in the notice within the period specified in the notice.
a notice under paragraph
fence and is liable on summary conviction to a class C fine. Re- issue
identification document and further implantations
transponders 35.
an equine animal does not comply with the requirements
the Commission Regulation or has been unlawfully altered, the document is void and
no effect and the Minister may by notice require an issuing body (which may be an issuing body other than the issuing body that issued the identification document) to issue an identification document in respect
the animal, or (b) a transponder which has been implanted into an equine animal has not been implanted into the animal in accordance with paragraph
the Commission Regulation, does not bear a unique life number or does not comply with the standard or capability required by the Commission Regulation, the transponder is
no effect, and the Minister may by notice require an issuing body to ensure that another transponder which bears a unique life number and complies with the standards and capabilities required by the Commission Regulation is implanted into the animal in accordance with paragraphs
, and, if appropriate, to cause the removal
the first transponder from the animal, but only if this does not cause unnecessary suffering to the animal.
the Commission Regulation. Prohibition on holding more than one identification document in respect
equidae 36.
an equine animal— (a) apply to the issuing body which issued the document for another identification document, in respect
the animal, other than in accordance with Article 16 or 17
the Commission Regulation or Regulation 35, (b) hold another identification document in respect
the animal, or (c) retain the identification document without lawful reason.
fence and is liable on summary conviction to a class A fine. Prohibition on possession
identification document by person other than keeper, etc 37.
an equine animal or a person who is in possession or charge
an equine animal being moved or transported for the purposes
the Commission Regulation, shall not, other than with the consent
an authorised
ficer, have in his or her possession an identification document issued in respect
the animal.
fence and is liable on summary conviction to a class A fine. PART 6 Proceedings
fence — body corporate 38.
fence under these Regulations is committed by a body corporate and is proven to have been so committed with the consent, connivance or approval
or to have been attributable to the wilful neglect on the part
any person, being a director, manager, secretary or other
ficer
the body corporate or a person who was purporting to act in any such capacity, that person, as well as the body corporate, commits an
fence and is liable to be proceeded against and punished as if he or she were guilty
the first-mentioned
fence.
a body corporate are managed by its members, paragraph
a member in connection with his or her functions
management as if he or she were a director or manager
the body corporate. Summary proceedings 39. An
fence under these Regulations may be prosecuted summarily by the Minister or the local authority in whose functional area the
fence is alleged to have been committed. Penalties — summary/indictable
fences 40. A person who commits an
fence under these Regulations (other than an
fence under Regulation 33
fence which may only be prosecuted summarily) is liable— (
being engaged in committing or having committed an
fence under these Regulations (other than an
fence (except under Regulation 29
the Garda Síochána may arrest the person without warrant.
the Garda Síochána under paragraph
the Criminal Justice Act 1984 (No. 22
1984) and, accordingly, the reference in subsection
the Criminal Justice Act 2006 (No. 26
2006))
that section to “an
fence to which this section applies” is to be read as including a reference to an
fence under the provision
these Regulations concerned. Costs 42. Where a person is convicted
an
fence under these Regulations, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the prosecutor the costs and expenses, measured by the court, incurred by the prosecutor or other person in relation to the investigation, detection and prosecution
the
fence, including costs and expenses incurred in the taking
samples and the carrying out
tests, examinations and analyses. Persons not
full age 43. A person, being
full age, who has actual care and control
a person who is— (a) under the age
16 years, and (b) the apparent keeper or person in possession or control
an equine animal, is, for the purposes
these Regulations, regarded as keeping, owning, possessing or being in control
the animal. PART 7 Notices Notices and notifications 44.
a partnership, by delivery
a copy to any
the partners, (b) by leaving a copy at the address at which the person ordinarily resides, where he or she carries on business, or, where an address for service
notices or notifications has been furnished by the person to the Minister, at that address, (c) by sending a copy by post in a prepaid registered envelope to the address at which the person ordinarily resides or carries on business and, in the case
a body corporate or unincorporated body, at the registered
fice
the body or, where an address for service has been furnished by the person to the Minister, at that address, (
electronic mail or a facsimile machine, to a device or facility for the reception
electronic mail or facsimiles located at the address at which the person ordinarily resides or carries on business or, if an electronic address or facsimile number address for the service
a notice or notification has been furnished by the person to the Minister, that electronic address or facsimile machine, but only if— (i) the recipient’s facility for the reception
electronic mail generates a message confirming the successful receipt
the electronic mail, or (ii) the sender’s facsimile machine generates a message confirming the successful transmission
the total number
pages
the notice or notification.
an equine animal which is in a public place and its owner or keeper or a person who appears to be in control
the animal cannot be ascertained by reasonable inquiry, the notice may be served by affixing the notice or a copy
it in a conspicuous position on or near that place.
fence and is liable on summary conviction to a class D fine.
this section, a company within the meaning
the Companies Acts is considered to be ordinarily resident at its registered
fice and every other body corporate or unincorporated body is considered to be ordinarily resident at its principal
fice or place
business. Fixed payment notice 45.
ficer
the Minister, authorised by the Minister in that behalf, or an
ficer
a local authority authorised by the manager
that local authority in that behalf, has reasonable grounds for believing that a person is committing or has committed an
fence that may only be prosecuted summarily (other than under Regulation 28
fence, (b) the person may during the period
28 days beginning on the date
the notice make to the Minister, at the address specified in the notice, a payment, accompanied by the notice,
— (i) €50,in the case
an
fence under Regulation 44
an
fence under Regulation 7
any other
fence under a Regulation referred to in this paragraph in respect
which a fixed payment notice may be served, (
the alleged
fence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect
the alleged
fence will be instituted.
fence is alleged to have been committed at the address specified in the notice the payment specified in the notice accompanied by the notice, (
the alleged
fence shall not be instituted in the period specified in the notice, and if the payment so specified is made during that period, no prosecution in respect
the alleged
fence shall be instituted.
fence referred to in paragraph
proving that a payment, in accordance with a fixed payment notice, has been made, lies on the person on whom the fixed payment notice was served, and (b) it is a defence for the accused to show that he or she has made a payment in accordance with this Regulation pursuant to a fixed payment notice issued in respect
that
fence. GIVEN under my
ficial Seal, 15 May 2014. SIMON COVENEY, Minister for Agriculture, Food and the Marine. EXPLANATORY NOTE (This note is not part
the Instrument and does not purport to be a legal interpretation.) These Regulations provide for the strengthening
the powers
the Minister in relation to the approval process for stud books and issuing bodies for equine identification documents and to the seizure and detention
animals and documents. They revoke the provisions
S.I. No. 357/2011 (European Communities (Equine) Regulations 2011) as amended by S.I. 371/2012 and 69/2013 to the extent that these relate to equine identification. Regulations dealing with equine semen collection centres and ova or embryo collection and production teams contained in those Regulations remain in force. 1 OJ No. L149, 7.6.2008, p.3 2 OJ No. L224, 18.8.1990, p.55 3 OJ No. L192, 11.6.1992, p.63 4 OJ No. L. 311, 28.11.2001, p. 1 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government
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AI explanation based on the official legal text. Indicative, not a substitute for legal advice.