S.I. No. 337/2019 - European Union (Animal Health) (Adaptation And Miscellaneous Amendments) Regulations 2019

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 12th July, 2019.

I, Michael Creed, Minister for Agriculture, Food and the Marine, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), for the purpose of giving full effect to Council Directive 90/429/EEC of 26 June 1990¹ , Regulation (EU) 2016/1012 of the European Parliament and of the Council of 8 June 2016² , 89/501/EEC: Commission Decision of 18 July 1989³ , 89/502/EEC: Commission Decision of 18 July 1989⁴ , 89/503/EEC: Commission Decision of 18 July 1989⁵ , 89/504/EEC: Commission Decision of 18 July 1989⁶ , 89/505/EEC: Commission Decision of 18 July 1989⁷ , 89/506/EEC: Commission Decision of 18 July 1989⁸ , 89/507/EEC: Commission Decision of 18 July 1989⁹ , Council Directive 91/496/EEC of 15 July 1991¹⁰ , Council Directive 92/118/EEC of 17 December 1992¹¹ , Council Directive 64/432/EEC of 26 June 1964¹² , 96/509/EC: Commission Decision of 18 July 1996¹³ , 96/510/EC: Commission Decision of 18 July 1996¹⁴ , Council Directive 97/12/EC of 17 March 1997¹⁵ , Council Directive 97/78/EC of 18 December 1997¹⁶ , Council Directive 2002/99/EC of 16 December 2002¹⁷ , Council Regulation (EC) No 21/2004 of 17 December 2003¹⁸ , Council Regulation (EC) No 1/2005 of 22 December 2004¹⁹ , Council Regulation (EC) No 1255/97 of 25 June 1997²⁰ , Regulation (EC) No 2160/2003 of the European Parliament and of the Council of 17 November 2003²¹ , Commission Decision No. 2007/25/EC of 22 December 2006²² , Council Directive 97/12/EC of 17 March 1997²³ , Commission Regulation (EC) No 1739/2005 of 21 October 2005²⁴ , 2006/415/EC: Commission Decision of 14 June 2006²⁵ , Council Directive 91/68/EEC of 28 January 1991²⁶ , Council Directive 2000/75/EC of 20 November 2000²⁷ , Commission Regulation (EC) No 1266/2007 of 26 October 2007²⁸ , Commission Regulation (EC) No 1177/2006 of 1 August 2006²⁹ , Council Directive 2006/88/EC of 24 October 2006³⁰ , Regulation (EC) No 1523/2007 of the European Parliament and of the Council of 11 December 2007³¹ , Council Directive 88/407/EEC of 14 June 1988³² , Council Directive 89/556/EEC of 25 September 1989³³ , Council Directive 90/425/EEC of 26 June 1990³⁴ , Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000³⁵ , Commission Regulation (EC) No 494/98 of 27 February 1998³⁶ , Commission Regulation (EC) No 1082/2003 of 23 June 2003³⁷ , Commission Regulation (EU) No 1190/2012 of 12 December 2012³⁸ , Council Regulation (EC) No 1099/2009 of 24 September 2009³⁹ , Council Directive 2007/43/EC of 28 June 2007⁴⁰ , Council Directive 2009/158/EC of 30 November 2009⁴¹ , Commission Regulation (EC) No 617/2008 of 27 June 2008⁴² , Commission Regulation (EC) No 1505/2006 of 11 October 2006⁴³ , Council Directive 90/427/EEC of 26 June 1990⁴⁴ , Council Directive 90/428/EEC of 26 June 1990⁴⁵ , Council Directive 92/65/EEC of 13 July 1992⁴⁶ , Council Directive 2003/85/EC of 29 September 2003⁴⁷ , Council Directive 92/66/EEC of 14 July 1992⁴⁸ , Commission Regulation (EC) No 206/2009 of 5 March 2009⁴⁹ , Council Directive 2001/89/EC of 23 October 2001⁵⁰ , Council Directive 2002/60/EC of 27 June 2002⁵¹ , Council Directive 92/119/EEC of 17 December 1992⁵² and Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002⁵³ , hereby make the following regulations:

1.

2.

• “(1) For the purposes of these Regulations or the Council Directive, an authorised officer may—

  • (a) enter and inspect, at all reasonable times, any land or premises where he or she has reasonable grounds for believing that—

    • (i) semen is, may be or has been present,

    • (ii) a record relating to semen is, may be or has been present, or

    • (iii) equipment, machinery or other thing used in connection with semen is, may be or has been present,

  • (b) examine an article, animal, substance or liquid, equipment, machinery or other thing,

  • (c) require the name and address of the person in possession or control of an article, animal, substance or liquid, equipment, machinery or other thing,

  • (d) inspect a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment, machinery or other thing used in connection with semen and require a person in charge or control of such to refrain from moving it,

  • (e) require the owner, occupier or person in charge of land or premises, semen, a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment or machinery to produce to the officer such records (and in the case of 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 officer may reasonably require,

  • (f) inspect and take copies of any record (including a legible reproduction of one stored in non-legible form) or extracts from the record that the officer finds or is produced to him or her during an inspection, or

  • (g) take, without making a payment, samples from an article, animal, substance or liquid, land, water, flora, vehicle, vessel, aircraft, railway wagon, container, equipment, machinery or other thing relating to semen, as he or she may reasonably require and carry out or cause to be carried out on the sample such tests, analyses, examinations or inspections as he or she considers necessary or expedient and mark or otherwise identify it.”.

3.

“7 Functions of Authorised Officer

1. (1) For the purposes of these Regulations, the Directive or the Decisions, an authorised officer may—

2. (a) enter and inspect, at all reasonable times, any land or premises where he or she has reasonable grounds for believing that—

   • (i) a flock-book or part of a flock-book maintained by an approved breeders’ association or organisation is, may be or has been present,

   • (ii) a record relating to a flock-book or part of a flock-book maintained by an approved breeders’ association or organisation is, may be or has been present, or

   • (iii) equipment, machinery or other thing used in connection with a flock-book or part of a flock-book maintained by an approved breeders’ association or organisation is, may be or has been present,

3. (b) examine a flock-book or part of a flock-book maintained by an approved breeders’ association or organisation, equipment, machinery or other thing,

4. (c) require the name and address of the person in possession or control of a flock-book or part of a flock-book maintained by an approved breeders’ association or organisation, equipment, machinery or other thing,

5. (d) inspect a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment, machinery or other thing used in connection with a flock-book or part of a flock-book maintained by an approved breeders’ association or organisation and require a person in charge or control of such to refrain from moving it,

6. (e) require the owner, occupier or person in charge of land or premises or a flock-book or part of a flock-book maintained by an approved breeders’ association or organisation or a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment or machinery to produce to the officer such records (and in the case of 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 officer may reasonably require, or

7. (f) inspect and take copies of any record (including a legible reproduction of one stored in non-legible form) or extracts from the record that the officer finds or is produced to him or her during an inspection.

8. (2) For the purposes of his or her functions under these Regulations, an authorised officer may require a person in possession or control of an animal in a public place to permit the animal to be examined by the officer or a veterinary practitioner.

9. (3) An authorised officer may require a person to give information or produce for inspection any record regarding the ownership and identity of an animal, ownership of a vehicle, vessel, aircraft, container, equipment, machinery or other thing relating to an animal as is in the person’s knowledge or procurement.

10. (4) Where an authorised officer has reasonable grounds for believing that—

    • (a) there is a risk of disease (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016⁵⁴ ),

    • (b) a disease or disease agent (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016) is or may be present on any land or premises,

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

    • (d) evidence of a disease or a disease agent to which subparagraph (a) or (b) relates, or an offence to which subparagraph (c) relates may be, is or has been on any land or premises, or in a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment or machinery,

    the officer may, in addition to the powers exercisable by him or her under paragraph (1):

    - (i) search the land or premises;
    
    - (ii) search the vehicle, vessel, aircraft, railway wagon, container, equipment or machinery;
    
    - (iii) require a person in charge or control of the vehicle, vessel, aircraft, railway wagon, container, equipment or machinery to—
    
        - (I) refrain from moving it, or move it to a location where it may be searched, and
    
        - (II) give information regarding its place of departure, journey or destination;
    
    - (iv) take, without making a payment, samples from an animal, land, water, flora, vehicle, vessel, aircraft, railway wagon, container, equipment, machinery or other thing relating to an animal, as he or she may reasonably require and carry out or cause to be carried out on the sample such tests, analyses, examinations or inspections as he or she considers necessary or expedient and mark or otherwise identify it;
    
    - (v) seize and detain an animal and mark or otherwise identify it;
    
    - (vi) detain the vehicle, vessel, aircraft, railway wagon, equipment, machinery or container for such reasonable period necessary for the purposes of permitting an inspection or a search under this Regulation either at the place where it was first detained or require it to be moved to such other location as the authorised officer requires;
    
    - (vii) remove any equipment or machinery or books, documents or records and detain them for such reasonable period necessary for the purpose of his or her functions under these Regulations.
    

11. (5) An authorised officer shall not enter, except with the consent of the occupier, a private dwelling unless he or she has obtained a search warrant under Regulation 7A other than where he or she has reasonable grounds for believing that before a search warrant could be sought in relation to the dwelling under Regulation 7A, any evidence of an offence referred to in paragraph (4)(c) is being or is likely to be disposed of or destroyed.

12. (6) An authorised officer, when exercising a power under these Regulations, 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 the power.

13. (7) An authorised officer may use reasonable force, if necessary, to enter land or premises to exercise his or her powers under these Regulations.

14. (8) Where, in the course of exercising a power under these Regulations, an authorised officer finds or comes into possession of anything that the officer has reasonable grounds for believing to be evidence of an offence or suspected offence under these Regulations, the officer may seize and retain it for use in evidence in proceedings for an offence under these Regulations.

15. (9) Nothing in section 17 of the Industrial and Provident Societies Act 1893 prevents an authorised officer from exercising a power conferred on him or her by these Regulations.

16. (10) A person who obstructs or otherwise interferes with an authorised officer in the performance of his or her functions under this Regulation or who, in purported compliance with a requirement, gives information to an authorised officer that he knows to be false or misleading in a material respect shall be guilty of an offence.

7A Search warrant

7A.—(1) If a judge of the District Court is satisfied by information on oath of an authorised officer that there are reasonable grounds for believing that—

- (*a*) evidence of or relating to the commission or intended commission of an offence under these Regulations relating to an animal, a flock-book or part of a flock-book maintained by an approved breeders’ association or organisation is to be found on land or premises,

- (*b*) there is or was an animal, a flock-book or part of a flock-book maintained by an approved breeders’ association or organisation, machinery, equipment or other thing made, used or adapted for use (including manufacture and transport) in connection with an animal, a flock-book or part of a flock-book maintained by an approved breeders’ association or organisation on land or premises,

- (*c*) a record related to a thing to which subparagraph (a) or (b) refers is or may be on the land or premises,

  then the judge may issue a search warrant.

• (2) A search warrant under this Regulation shall be expressed and operate to authorise a named authorised officer, accompanied by such authorised officers or other persons as the named authorised officer thinks necessary, at any time, within one month from the date of issue of the warrant, on production, if so requested, of the warrant, to enter the land or premises named in the warrant and to exercise all or any of the functions conferred on an authorised officer under these Regulations.”.

4.

• (a) inserting for paragraph (1) (as repealed by the European Union (Animal Health) (Adaptation) Regulations 2014) the following:

• “(1) For the purposes of these Regulations or the Directive, an authorised officer may—

  • (a) enter and inspect, at all reasonable times, any land or premises where he or she has reasonable grounds for believing that—

    • (i) a register or part of a register maintained by an approved breeders’ association or organisation is, may be or has been present,

    • (ii) a record relating to a register or part of a register maintained by an approved breeders’ association or organisation is, may be or has been present, or

    • (iii) equipment, machinery or other thing used in connection with a register or part of a register maintained by an approved breeders’ association or organisation is, may be or has been present,

  • (b) examine a register or part of a register maintained by an approved breeders’ association or organisation, equipment, machinery or other thing,

  • (c) require the name and address of the person in possession or control of a register or part of a register maintained by an approved breeders’ association or organisation, equipment, machinery or other thing,

  • (d) inspect a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment, machinery or other thing used in connection with a register or part of a register maintained by an approved breeders’ association or organisation and require a person in charge or control of such to refrain from moving it,

  • (e) require the owner, occupier or person in charge of land or premises or a register or part of a register maintained by an approved breeders’ association or organisation or a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment or machinery to produce to the officer such records (and in the case of 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 officer may reasonably require, or

  • (f) inspect and take copies of any record (including a legible reproduction of one stored in non-legible form) or extracts from the record that the officer finds or is produced to him or her during an inspection.”, and

• (b) in paragraph (2) by substituting “subparagraph (1) (c)” for “subparagraph (1) (b)”.

5.

• “(1) For the purposes of these Regulations or the Decisions, an authorised officer may—

  • (a) enter and inspect, at all reasonable times, any land or premises where he or she has reasonable grounds for believing that—

    • (i) a herd-book or register or part of a herd-book or register is, may be or has been present,

    • (ii) a record relating to a herd-book or register or part of a herd-book or register is, may be or has been present, or

    • (iii) equipment, machinery or other thing used in connection with a herd-book or register or part of a herd-book or register is, may be or has been present,

  • (b) examine a herd-book or register or part of a herd-book or register, equipment, machinery or other thing,

  • (c) require the name and address of the person in possession or control of a herd-book or register or part of a herd-book or register, equipment, machinery or other thing,

  • (d) inspect a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment, machinery or other thing used in connection with a herd-book or register or part of a herd-book or register and require a person in charge or control of such to refrain from moving it,

  • (e) require the owner, occupier or person in charge of land or premises or a herd-book or register or part of a herd-book or register or a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment or machinery to produce to the officer such records (and in the case of 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 officer may reasonably require, or

  • (f) inspect and take copies of any record (including a legible reproduction of one stored in non-legible form) or extracts from the record that the officer finds or is produced to him or her during an inspection.”.

6.

• (a) by inserting after paragraph (1) (as inserted by the European Communities (Importation of Animals and Animal Products from Third Countries) (Amendment) Regulations 2016 ( S.I. No. 305 of 2016 ), the following:

• “(1A) For the purposes of these Regulations or Council Directive 91/496⁵⁵ , an authorised officer may—

  • (a) enter and inspect, at all reasonable times, any land or premises where he or she has reasonable grounds for believing that—

    • (i) an agricultural product which is being or has been imported is, may be or has been present,

    • (ii) a record relating to an agricultural product is, may be or has been present, or

    • (iii) equipment, machinery or other thing used in connection with an agricultural product is, may be or has been present,

  • (b) examine an agricultural product, equipment, machinery or other thing,

  • (c) require the name and address of the person in possession or control of an agricultural product, equipment, machinery or other thing,

  • (d) inspect a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment, machinery or other thing used in connection with an agricultural product and require a person in charge or control of such to refrain from moving it,

  • (e) require the owner, occupier or person in charge of land or premises or an agricultural product or a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment or machinery to produce to the officer such records (and in the case of 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 officer may reasonably require,

  • (f) inspect and take copies of any record (including a legible reproduction of one stored in non-legible form) or extracts from the record that the officer finds or is produced to him or her during an inspection,

  • (g) set equipment to capture or restrain an animal, or

  • (h) take, without making a payment, samples from an agricultural product, land, water, flora, vehicle, vessel, aircraft, railway wagon, container, equipment, machinery or other thing relating to an agricultural product, as he or she may reasonably require and carry out or cause to be carried out on the sample such tests, analyses, examinations or inspections as he or she considers necessary or expedient and mark or otherwise identify it.”, and

• (b) in paragraph (2), by substituting “paragraph (1A)(e)” for “paragraph (1)(e)”.

7.

“26 Functions of Authorised Officers

1. (1) For the purposes of these Regulations or the Council Directive, an authorised officer may—

2. (a) enter and inspect, at all reasonable times, any land or premises where he or she has reasonable grounds for believing that—

   • (i) a product intended for export or which is being or has been imported is, may be or has been present,

   • (ii) a record relating to a product intended for export or which is being or has been imported is, may be or has been present, or

   • (iii) equipment, machinery or other thing used in connection with a product intended for export or which is being or has been imported is, may be or has been present,

3. (b) examine a product intended for export or which is being or has been imported, equipment, machinery or other thing,

4. (c) require the name and address of the person in possession or control of a product intended for export or which is being or has been imported, equipment, machinery or other thing,

5. (d) inspect a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment, machinery or other thing used in connection with a product intended for export or which is being or has been imported and require a person in charge or control of such to refrain from moving it,

6. (e) require the owner, occupier or person in charge of land or premises or a product intended for export or which is being or has been imported or a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment or machinery to produce to the officer such records (and in the case of 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 officer may reasonably require,

7. (f) inspect and take copies of any record (including a legible reproduction of one stored in non-legible form) or extracts from the record that the officer finds or is produced to him or her during an inspection, or

8. (g) take, without making a payment, samples from a product intended for export or which is being or has been imported, land, water, flora, vehicle, vessel, aircraft, railway wagon, container, equipment, machinery or other thing relating to a product intended for export or which is being or has been imported, as he or she may reasonably require and carry out or cause to be carried out on the sample such tests, analyses, examinations or inspections as he or she considers necessary or expedient and mark or otherwise identify it.

9. (2) An authorised officer may require a person to give information or produce for inspection any record regarding the ownership and identity of a product intended for export or which is being or has been imported, ownership of a vehicle, vessel, aircraft, container, equipment, machinery or other thing relating to a product intended for export or which is being or has been imported as is in the person’s knowledge or procurement.

10. (3) Where an authorised officer has reasonable grounds for believing that—

    • (a) there is a risk of disease (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016),

    • (b) a disease or disease agent (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016) is or may be present on any land or premises,

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

    • (d) evidence of a disease or a disease agent to which subparagraph (a) or (b) relates, or an offence to which subparagraph (c) relates may be, is or has been on any land or premises, or in a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment or machinery,

    the officer may, in addition to the powers exercisable by him or her under paragraph (1):

    - (i) search the land or premises;
    
    - (ii) search the vehicle, vessel, aircraft, railway wagon, container, equipment or machinery;
    
    - (iii) require a person in charge or control of the vehicle, vessel, aircraft, railway wagon, container, equipment or machinery to—
    
        - (I) refrain from moving it, or move it to a location where it may be searched, and
    
        - (II) give information regarding its place of departure, journey or destination;
    
    - (iv) seize and detain a product intended for export or which is being or has been imported and mark or otherwise identify it;
    
    - (v) detain the vehicle, vessel, aircraft, railway wagon, equipment, machinery or container for such reasonable period necessary for the purposes of permitting an inspection or a search under this Regulation either at the place where it was first detained or require it to be moved to such other location as the authorised officer requires;
    
    - (vi) remove any equipment or machinery or books, documents or records and detain them for such reasonable period necessary for the purpose of his or her functions under these Regulations.
    

11. (4) An authorised officer shall not enter, except with the consent of the occupier, a private dwelling unless he or she has obtained a search warrant under Regulation 27 other than where he or she has reasonable grounds for believing that before a search warrant could be sought in relation to the dwelling under Regulation 27, any evidence of an offence referred to in paragraph (3)(c) is being or is likely to be disposed of or destroyed.

12. (5) An authorised officer, when exercising a power under these Regulations, 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 the power.

13. (6) An authorised officer may use reasonable force, if necessary, to enter land or premises to exercise his or her powers under these Regulations.

14. (7) Where, in the course of exercising a power under these Regulations, an authorised officer finds or comes into possession of anything that the officer has reasonable grounds for believing to be evidence of an offence or suspected offence under these Regulations, the officer may seize and retain it for use in evidence in proceedings for an offence under these Regulations.

15. (8) Nothing in section 17 of the Industrial and Provident Societies Act 1893 prevents an authorised officer from exercising a power conferred on him or her by these Regulations.”.

8.

• (a) by substituting for Regulation 17 the following:

“17. (1) For the purposes of these Regulations or the Council Directive, an authorised officer may—

• (a) enter and inspect, at all reasonable times, any land or premises where he or she has reasonable grounds for believing that—

  • (i) a bovine animal or swine intended for export or which is being or has been imported is, may be or has been present,

  • (ii) a record relating to a bovine animal or swine intended for export or which is being or has been imported is, may be or has been present, or

  • (iii) equipment, machinery or other thing used in connection with a bovine animal or swine intended for export or which is being or has been imported is, may be or has been present,

• (b) examine a bovine animal or swine intended for export or which is being or has been imported, equipment, machinery or other thing,

• (c) require the name and address of the person in possession or control of a bovine animal or swine intended for export or which is being or has been imported, equipment, machinery or other thing,

• (d) inspect a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment, machinery or other thing used in connection with a bovine animal or swine intended for export or which is being or has been imported and require a person in charge or control of such to refrain from moving it,

• (e) require the owner, occupier or person in charge of land or premises or a bovine animal or swine intended for export or which is being or has been imported or a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment or machinery to produce to the officer such records (and in the case of 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 officer may reasonably require,

• (f) inspect and take copies of any record (including a legible reproduction of one stored in non-legible form) or extracts from the record that the officer finds or is produced to him or her during an inspection,

• (g) set equipment to capture or restrain an animal, or

• (h) take, without making a payment, samples from a bovine animal or swine intended for export or which is being or has been imported, land, water, flora, vehicle, vessel, aircraft, railway wagon, container, equipment, machinery or other thing relating to a bovine animal or swine intended for export or which is being or has been imported, as he or she may reasonably require and carry out or cause to be carried out on the sample such tests, analyses, examinations or inspections as he or she considers necessary or expedient and mark or otherwise identify it.

• (2) For the purposes of his or her functions under these Regulations, an authorised officer may require a person in possession or control of a bovine animal or swine in a public place to permit the animal to be examined by the officer or a veterinary practitioner.

• (3) An authorised officer may require a person to give information or produce for inspection any record regarding the ownership and identity of a bovine animal or swine intended for export or which is being or has been imported, ownership of a vehicle, vessel, aircraft, container, equipment, machinery or other thing relating to a bovine animal or swine intended for export or which is being or has been imported as is in the person’s knowledge or procurement.

• (4) Where an authorised officer has reasonable grounds for believing that—

  • (a) there is a risk of disease (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016),

  • (b) a disease or disease agent (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016) is or may be present on any land or premises,

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

  • (d) evidence of a disease or a disease agent to which subparagraph (a) or (b) relates, or an offence to which subparagraph (c) relates may be, is or has been on any land or premises, or in a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment or machinery,

  the officer may, in addition to the powers exercisable by him or her under paragraph (1):

  - (i) search the land or premises;
  
  - (ii) search the vehicle, vessel, aircraft, railway wagon, container, equipment or machinery;
  
  - (iii) require a person in charge or control of the vehicle, vessel, aircraft, railway wagon, container, equipment or machinery to—
  
      - (I) refrain from moving it, or move it to a location where it may be searched, and
  
      - (II) give information regarding its place of departure, journey or destination;
  
  - (iv) seize and detain a bovine animal or swine intended for export or which is being or has been imported and mark or otherwise identify it;
  
  - (v) detain the vehicle, vessel, aircraft, railway wagon, equipment, machinery or container for such reasonable period necessary for the purposes of permitting an inspection or a search under this Regulation either at the place where it was first detained or require it to be moved to such other location as the authorised officer requires;
  
  - (vi) remove any equipment or machinery or books, documents or records and detain them for such reasonable period necessary for the purpose of his or her functions under these Regulations.
  

• (5) An authorised officer shall not enter, except with the consent of the occupier, a private dwelling unless he or she has obtained a search warrant under Regulation 17A other than where he or she has reasonable grounds for believing that before a search warrant could be sought in relation to the dwelling under Regulation 17A, any evidence of an offence referred to in paragraph (4)(c) is being or is likely to be disposed of or destroyed.

• (6) An authorised officer, when exercising a power under these Regulations, 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 the power.

• (7) An authorised officer may use reasonable force, if necessary, to enter land or premises to exercise his or her powers under these Regulations.

• (8) Where, in the course of exercising a power under these Regulations, an authorised officer finds or comes into possession of anything that the officer has reasonable grounds for believing to be evidence of an offence or suspected offence under these Regulations, the officer may seize and retain it for use in evidence in proceedings for an offence under these Regulations.

• (9) Nothing in section 17 of the Industrial and Provident Societies Act 1893 prevents an authorised officer from exercising a power conferred on him or her by these Regulations.

• (10) The cost of the detention of any bovine animals or swine pursuant to paragraph (4)(iv) may be recovered by the Minister from the person who was the owner as a simple contract debt in any court of competent jurisdiction.

17A Search warrant

17A.—(1) If a judge of the District Court is satisfied by information on oath of an authorised officer that there are reasonable grounds for believing that—

- (*a*) evidence of or relating to the commission or intended commission of an offence under these Regulations relating to a bovine animal or swine is to be found on land or premises,

- (*b*) there is or was a bovine animal or swine, machinery, equipment or other thing made, used or adapted for use (including manufacture and transport) in connection with a bovine animal or swine on land or premises,

- (*c*) a record related to a thing to which subparagraph (a) or (b) refers is or may be on the land or premises,

  then the judge may issue a search warrant.

• (2) A search warrant under this Regulation shall be expressed and operate to authorise a named authorised officer, accompanied by such authorised officers or other persons as the named authorised officer thinks necessary, at any time, within one month from the date of issue of the warrant, on production, if so requested, of the warrant, to enter the land or premises named in the warrant and to exercise all or any of the functions conferred on an authorised officer under these Regulations.”, and

• (b) in Regulation 18(1) by substituting for “paragraph (1)(h)” “paragraph (4)(iv)”.

9.

• “(1) The Minister may, by instrument in writing, appoint such and so many persons or a class of persons as he or she thinks fit to be authorised officers for the purposes of some or all of the functions of an authorised officer as may be specified in the instrument.

• (1A) The Minister may terminate an appointment under paragraph (1), whether or not the appointment was for a fixed period.

• (1B) An appointment as an authorised officer ceases-

  • (a) if it is terminated pursuant to paragraph (1A),

  • (b) if it is for a fixed period, on the expiry of that period, or

  • (c) if the person appointed is an officer of the Minister upon the person ceasing to be such an officer.

• (1C) Nothing in paragraph (1B) is to be construed so as to prevent the Minister from reappointing as an authorised officer a person to whom paragraph (1B) relates.”.

10.

• (a) in Regulation (2) by inserting after the definition of “animal” the following:

“‘authorised officer ’ means—

• (a) an authorised officer within the meaning of section 37 of the Animal Health and Welfare Act 2013 (No.15 of 2013),

• (b) a person appointed under Regulation 5 during the period of his or her appointment,

• (c) a member of the Garda Síochána, and

• (d) an officer of the Revenue Commissioners;”,

• (b) by substituting for Regulation 5 the following:

“5. (1) The Minister may appoint such and so many persons as the Minister thinks fit to be authorised officers.

• (2) An appointment as an authorised officer ceases—

  • (a) if it is terminated by the Minister,

  • (b) if it is for a fixed period, on the expiry of that period, or

  • (c) if the person appointed ceases to be an officer of the Minister.

• (3) Nothing in paragraph (2) is to be construed so as to prevent the Minister from reappointing as an authorised officer a person to whom that paragraph relates.

• (4) An authorised officer appointed under this Regulation shall be furnished with a warrant of appointment as an authorised officer and when exercising any power conferred by these Regulations such officer shall, if requested by any person affected, produce the warrant to that person.

5A. (1) For the purposes of these Regulations or the Council Directive, an authorised officer may—

- (*a*) enter and inspect, at all reasonable times, any land or premises where he or she has reasonable grounds for believing that—

    - (i) an animal is, may be or has been present,

    - (ii) a record relating to an animal is, may be or has been present, or

    - (iii) equipment, machinery or other thing used in connection with an animal is, may be or has been present,

- (*b*) examine an animal, equipment, machinery or other thing,

- (*c*) require the name and address of the person in possession or control of an animal, equipment, machinery or other thing,

- (*d*) inspect a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment, machinery or other thing used in connection with an animal and require a person in charge or control of such to refrain from moving it,

- (*e*) require the owner, occupier or person in charge of land or premises or an animal or a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment or machinery to produce to the officer such records (and in the case of 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 officer may reasonably require,

- (*f*) inspect and take copies of any record (including a legible reproduction of one stored in non-legible form) or extracts from the record that the officer finds or is produced to him or her during an inspection,

- (*g*) set equipment to capture or restrain an animal, or

- (*h*) carry out surveys or programmes relating to animal welfare, animal health or disease surveillance.

• (2) For the purposes of his or her functions under these Regulations, an authorised officer may require a person in possession or control of an animal in a public place to permit the animal to be examined by the officer or a veterinary practitioner.

• (3) An authorised officer may require a person to give information or produce for inspection any record regarding the ownership and identity of an animal, ownership of a vehicle, vessel, aircraft, container, equipment, machinery or other thing relating to an animal as is in the person’s knowledge or procurement.

• (4) Where an authorised officer has reasonable grounds for believing that—

  • (a) there is a risk of disease (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016),

  • (b) a disease or disease agent (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016) is or may be present on any land or premises,

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

  • (d) evidence of a disease or a disease agent to which subparagraph (a) or (b) relates, or an offence to which subparagraph (c) relates may be, is or has been on any land or premises, or in a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment or machinery,

  the officer may, in addition to the powers exercisable by him or her under paragraph (1):

  - (i) search the land or premises;
  
  - (ii) search the vehicle, vessel, aircraft, railway wagon, container, equipment or machinery;
  
  - (iii) require a person in charge or control of the vehicle, vessel, aircraft, railway wagon, container, equipment or machinery to—
  
      - (I) refrain from moving it, or move it to a location where it may be searched, and
  
      - (II) give information regarding its place of departure, journey or destination;
  
  - (iv) take, without making a payment, samples from an animal, animal product, animal feed, land, water, flora, vehicle, vessel, aircraft, railway wagon, container, equipment, machinery or other thing relating to an animal, as he or she may reasonably require and carry out or cause to be carried out on the sample such tests, analyses, examinations or inspections as he or she considers necessary or expedient and mark or otherwise identify it;
  
  - (v) seize and detain an animal and mark or otherwise identify it;
  
  - (vi) detain the vehicle, vessel, aircraft, railway wagon, equipment, machinery or container for such reasonable period necessary for the purposes of permitting an inspection or a search under this Regulation either at the place where it was first detained or require it to be moved to such other location as the authorised officer requires;
  
  - (vii) remove any equipment or machinery or books, documents or records and detain them for such reasonable period necessary for the purpose of his or her functions under these Regulations.
  

• (5) An authorised officer shall not enter, except with the consent of the occupier, a private dwelling unless he or she has obtained a search warrant under Regulation 5B other than where he or she has reasonable grounds for believing that before a search warrant could be sought in relation to the dwelling under Regulation 5B, any evidence of an offence referred to in paragraph (4)(c) is being or is likely to be disposed of or destroyed.

• (6) An authorised officer, when exercising a power under these Regulations, 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 the power.

• (7) An authorised officer may use reasonable force, if necessary, to enter land or premises to exercise his or her powers under these Regulations.

• (8) Where, in the course of exercising a power under these Regulations, an authorised officer finds or comes into possession of anything that the officer has reasonable grounds for believing to be evidence of an offence or suspected offence under these Regulations, the officer may seize and retain it for use in evidence in proceedings for an offence under these Regulations.

• (9) Nothing in section 17 of the Industrial and Provident Societies Act 1893 prevents an authorised officer from exercising a power conferred on him or her by these Regulations.

• (10) A person who obstructs or otherwise interferes with an authorised officer in the performance of his or her functions under this Regulation or who, in purported compliance with a requirement gives information to an authorised officer that he knows to be false or misleading in a material respect shall be guilty of an offence.

5B.—(1) If a judge of the District Court is satisfied by information on oath of an authorised officer that there are reasonable grounds for believing that—

- (*a*) evidence of or relating to the commission or intended commission of an offence under these Regulations relating to an animal is to be found on land or premises,

- (*b*) there is or was an animal, machinery, equipment or other thing made, used or adapted for use (including manufacture and transport) in connection with an animal on land or premises,

- (*c*) a record related to a thing to which subparagraph (a) or (b) refers is or may be on the land or premises,

  then the judge may issue a search warrant.

• (2) A search warrant under this Regulation shall be expressed and operate to authorise a named authorised officer, accompanied by such authorised officers or other persons as the named authorised officer thinks necessary, at any time, within one month from the date of issue of the warrant, on production, if so requested, of the warrant, to enter the land or premises named in the warrant and to exercise all or any of the functions conferred on an authorised officer under these Regulations.”, and

• (c) in Regulation 6(1) by substituting “Regulation 3, 4 or 5A” for “Regulation 3 or 4”.

11.

• “(2) An authorised officer when exercising a power conferred on him or her under these Regulations shall, if so requested by any person affected, produce evidence in writing of the authorised officer’s appointment as an authorised officer.

• (3) For the purposes of these Regulations or the Directive, an authorised officer or a member of the Garda Síochána or an officer of Customs and Excise may—

  • (a) enter and inspect, at all reasonable times, any land or premises where he or she has reasonable grounds for believing that—

    • (i) a product is, may be or has been present,

    • (ii) a record relating to a product is, may be or has been present, or

    • (iii) equipment, machinery or other thing used in connection with a product is, may be or has been present,

  • (b) examine a product, equipment, machinery or other thing,

  • (c) require the name and address of the person in possession or control of a product, equipment, machinery or other thing,

  • (d) inspect a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment, machinery or other thing used in connection with a product and require a person in charge or control of such to refrain from moving it,

  • (e) require the owner, occupier or person in charge of land or premises or a product or a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment or machinery to produce to the officer such records (and in the case of 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 officer may reasonably require, or

  • (f) inspect and take copies of any record (including a legible reproduction of one stored in non-legible form) or extracts from the record that the officer finds or is produced to him or her during an inspection.

• (3A) An authorised officer or a member of the Garda Síochána or an officer of Customs and Excise may require a person to give information or produce for inspection any record regarding the ownership and identity of a product, ownership of a vehicle, vessel, aircraft, container, equipment, machinery or other thing relating to a product as is in the person’s knowledge or procurement.

• (3B) Where an authorised officer or a member of the Garda Síochána or an officer of Customs and Excise has reasonable grounds for believing that—

  • (a) there is a risk of disease (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016),

  • (b) a disease or disease agent (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016) is or may be present on any land or premises,

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

  • (d) evidence of a disease or a disease agent to which subparagraph (a) or (b) relates, or an offence to which subparagraph (c) relates may be, is or has been on any land or premises, or in a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment or machinery,

  the officer or a member of the Garda Síochána or an officer of Customs and Excise may, in addition to the powers exercisable by him or her under paragraph (3):

  - (i) search the land or premises;
  
  - (ii) search the vehicle, vessel, aircraft, railway wagon, container, equipment or machinery;
  
  - (iii) require a person in charge or control of the vehicle, vessel, aircraft, railway wagon, container, equipment or machinery to—
  
      - (I) refrain from moving it, or move it to a location where it may be searched, and
  
      - (II) give information regarding its place of departure, journey or destination;
  
  - (iv) take, without making a payment, samples from a product, land, water, flora, vehicle, vessel, aircraft, railway wagon, container, equipment, machinery or other thing relating to a product, as he or she may reasonably require and carry out or cause to be carried out on the sample such tests, analyses, examinations or inspections as he or she considers necessary or expedient and mark or otherwise identify it;
  
  - (v) seize and detain a product and mark or otherwise identify it;
  
  - (vi) detain the vehicle, vessel, aircraft, railway wagon, equipment, machinery or container for such reasonable period necessary for the purposes of permitting an inspection or a search under this Regulation either at the place where it was first detained or require it to be moved to such other location as the authorised officer or a member of the Garda Síochána or an officer of Customs and Excise requires;
  
  - (vii) remove any equipment or machinery or books, documents or records and detain them for such reasonable period necessary for the purpose of his or her functions under these Regulations.
  

• (3C) An authorised officer or a member of the Garda Síochána or an officer of Customs and Excise, when exercising a power under these Regulations, 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 the power.

• (3D) An authorised officer or a member of the Garda Síochána or an officer of Customs and Excise may use reasonable force, if necessary, to enter land or premises to exercise his or her powers under these Regulations.

• (3E) Where, in the course of exercising a power under these Regulations, an authorised officer or a member of the Garda Síochána or an officer of Customs and Excise finds or comes into possession of anything that the officer has reasonable grounds for believing to be evidence of an offence or suspected offence under these Regulations, the officer may seize and retain it for use in evidence in proceedings for an offence under these Regulations.

• (3F) Nothing in section 17 of the Industrial and Provident Societies Act 1893 prevents an authorised officer or a member of the Garda Síochána or an officer of Customs and Excise from exercising a power conferred on him or her by these Regulations.”.

12.

• (a) paragraph (1) (as repealed by the European Union (Animal Health) (Adaptation) Regulations 2014) the following:

• “(1) A person shall not forge or utter, knowing it to be forged, a record under Regulations 7 or 13 (hereafter in this Regulation referred to as “a forged document”).”, and

• (b) paragraph (3) (as repealed by the European Union (Animal Health) (Adaptation) Regulations 2014) the following:

• “(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.”.

13.

• (a) paragraph (1) (as repealed by the European Union (Animal Health) (Adaptation) Regulations 2014) the following:

• “(1) For the purposes of these Regulations or Council Directive 2002/99, an authorised officer may—

  • (a) enter and inspect, at all reasonable times, any land or premises where he or she has reasonable grounds for believing that—

    • (i) a product of animal origin is, may be or has been present,

    • (ii) a record relating to a product of animal origin is, may be or has been present, or

    • (iii) equipment, machinery or other thing used in connection with a product of animal origin is, may be or has been present,

  • (b) examine a product of animal origin, equipment, machinery or other thing,

  • (c) require the name and address of the person in possession or control of a product of animal origin, equipment, machinery or other thing,

  • (d) inspect a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment, machinery or other thing used in connection with a product of animal origin and require a person in charge or control of such to refrain from moving it,

  • (e) require the owner, occupier or person in charge of land or premises or a product of animal origin or a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment or machinery to produce to the officer such records (and in the case of 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 officer may reasonably require, or

  • (f) inspect and take copies of any record (including a legible reproduction of one stored in non-legible form) or extracts from the record that the officer finds or is produced to him or her during an inspection.”, and

• (b) paragraphs (3), (4) and (5) (as repealed by the European Union (Animal Health) (Adaptation) Regulations 2014) the following:

• “(3) An authorised officer may require a person to give information or produce for inspection any record regarding the ownership and identity of a product of animal origin, ownership of a vehicle, vessel, aircraft, container, equipment, machinery or other thing relating to a product of animal origin as is in the person’s knowledge or procurement.

• (4) Where an authorised officer has reasonable grounds for believing that—

  • (a) there is a risk of disease (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016),

  • (b) a disease or disease agent (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016) is or may be present on any land or premises,

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

  • (d) evidence of a disease or a disease agent to which subparagraph (a) or (b) relates, or an offence to which subparagraph (c) relates may be, is or has been on any land or premises, or in a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment or machinery,

  the officer may, in addition to the powers exercisable by him or her under paragraph (1):

  - (i) search the land or premises;
  
  - (ii) search the vehicle, vessel, aircraft, railway wagon, container, equipment or machinery;
  
  - (iii) require a person in charge or control of the vehicle, vessel, aircraft, railway wagon, container, equipment or machinery to—
  
      - (I) refrain from moving it, or move it to a location where it may be searched, and
  
      - (II) give information regarding its place of departure, journey or destination;
  
  - (iv) take, without making a payment, samples from a product of animal origin, land, water, flora, vehicle, vessel, aircraft, railway wagon, container, equipment, machinery or other thing relating to a product of animal origin, as he or she may reasonably require and carry out or cause to be carried out on the sample such tests, analyses, examinations or inspections as he or she considers necessary or expedient and mark or otherwise identify it;
  
  - (v) seize and detain a product of animal origin and mark or otherwise identify it;
  
  - (vi) detain the vehicle, vessel, aircraft, railway wagon, equipment, machinery or container for such reasonable period necessary for the purposes of permitting an inspection or a search under this Regulation either at the place where it was first detained or require it to be moved to such other location as the authorised officer requires;
  
  - (vii) remove any equipment or machinery or books, documents or records and detain them for such reasonable period necessary for the purpose of his or her functions under these Regulations.
  

• (5) An authorised officer, when exercising a power under these Regulations, 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 the power.

• (5A) An authorised officer may use reasonable force, if necessary, to enter land or premises to exercise his or her powers under these Regulations.

• (5B) Where, in the course of exercising a power under these Regulations, an authorised officer finds or comes into possession of anything that the officer has reasonable grounds for believing to be evidence of an offence or suspected offence under these Regulations, the officer may seize and retain it for use in evidence in proceedings for an offence under these Regulations.

• (5C) Nothing in section 17 of the Industrial and Provident Societies Act 1893 prevents an authorised officer from exercising a power conferred on him or her by these Regulations.”.

14.

“5. (1) A person shall not hold or keep a goat born after 9 July 2005 on a holding unless the goat, being over 6 months of age, has approved ear-tags (which bear the holding identification number relating to a holding and the goat identification number relating to the goat) attached to each of its ears.”.

15.

• (a) for paragraph (1) (as repealed by the European Union (Animal Health) (Adaptation) Regulations 2014) the following:

• “(1) For the purposes of these Regulations, the Animal Transport Regulation or the Control Post Regulation, an authorised officer may—

  • (a) enter and inspect, at all reasonable times, any land or premises where he or she has reasonable grounds for believing that—

    • (i) an animal is, may be or has been present,

    • (ii) a record relating to an animal is, may be or has been present, or

    • (iii) equipment, machinery or other thing used in connection with an animal is, may be or has been present,

  • (b) examine an animal, equipment, machinery or other thing,

  • (c) require the name and address of the person in possession or control of an animal, equipment, machinery or other thing,

  • (d) inspect a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment, machinery or other thing used in connection with an animal and require a person in charge or control of such to refrain from moving it,

  • (e) require the owner, occupier or person in charge of land or premises or an animal or a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment or machinery to produce to the officer such records (and in the case of 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 officer may reasonably require,

  • (f) inspect and take copies of any record (including a legible reproduction of one stored in non-legible form) or extracts from the record that the officer finds or is produced to him or her during an inspection, or

  • (g) set equipment to capture or restrain an animal.”, and

• (b) after paragraph (2) the following: