S.I. No. 254/2023 - European Union (Animal Identification and Tracing) Regulations 2023

• (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 26 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 26, any evidence of an offence referred to in paragraph (3)(a) is being or is likely to be disposed of or destroyed.

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

• (6) An authorised officer may use reasonable force, if necessary, to exercise his or her functions under these Regulations.

• (7) Where, in the course of exercising a function 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.

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

• (9) A member of the Garda Síochána may stop a vehicle or vessel, for the purposes of these Regulations and may require it to be moved for inspection to such place as he or she directs.

• (10) A person who has—

• (a) a relevant animal, means of identification, documentation of identification or other thing to which these Regulations or the EU identification and registration Regulations relates, or

• (b) equipment, machinery, a vehicle, a vessel or other thing used in connection with a relevant animal, means of identification, documentation of identification or other thing to which these Regulations or the EU identification and registration Regulations relates

in his or her possession or under his or her control, or information or a record relating to any of them, shall give such—

• (i) assistance to an authorised officer, or person who accompanies the officer, and

• (ii) information to an authorised officer on request being made, in that behalf by the officer, as the officer may reasonably require for the exercise of his or her functions under these Regulations.

• (11) The owner or person in charge of any premises used in connection with a relevant animal, means of identification, documentation of identification or other thing to which these Regulations or the EU identification and registration Regulations relates shall, if required by an authorised officer, where it is practicable and possible, provide suitable equipment or facilities or a suitable part of the plant or establishment for the officer to carry out his or her functions under these Regulations.

• (12) An authorised officer may require a person to give to the officer such information as is in the person’s power or procurement as regards any premises specified by the officer including—

• (a) whether or not the premises is used, either partly or wholly, for or in connection with a relevant animal, means of identification, documentation of identification or other thing to which these Regulations or the EU identification and registration Regulations relates,

• (b) the name of the owner, occupier or person who is in charge of the premises, and

• (c) whether or not the premises is let and, if let, the name and address of the person to whom, and the period of time for which, it is let.

• (13) Where an authorised officer seizes and detains a relevant animal under these Regulations, the officer may also seize and detain any unweaned animal dependent on that relevant animal.

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

Search warrant

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

• (b) there is or was a relevant animal, means of identification, documentation of identification, equipment or other thing made, used or adapted for use (including manufacture and transport) in connection with a relevant animal, means of identification, documentation of identification or other thing to which these Regulations or the EU identification and registration Regulations relates, or

• (c) a document or other record related to a thing to which subparagraph (a) or (b) refers is or may be on the premises,

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 (if necessary by use of reasonable force) the premises, vehicle, vessel or aircraft named in the warrant.

• (3) If a premises is entered under a warrant issued under this Regulation, an authorised officer so entering may exercise all or any of the powers conferred on an authorised officer under these Regulations.

Identification notice

• (2) If a person fails to comply with paragraph (1) an authorised officer shall destroy or cause to be destroyed a relevant animal in accordance with Article 138(2) of Regulation 2017/625.

• (3) If an authorised officer destroys or causes to be destroyed a relevant animal in accordance with Article 138(2) of Regulation 2017/625, the costs (including ancillary costs) may be recovered by the Minister—

• (a) by deducting the costs from any moneys due or becoming due to the operator or owner of the relevant animal, or

• (b) as a simple contract debt in a court of competent jurisdiction.

• (4) A person shall not move an animal in respect of which a notice under this Regulation has been served except in accordance with a permit.

Compliance notice

• (a) these Regulations or the EU identification and registration Regulations are not being or have not been complied with, or there are reasons to believe that these Regulations or the EU identification and registration Regulations will not be complied with,

• (b) it is necessary for the protection of human health, animal health or the environment including the prevention, control or eradication of a disease, or

• (c) it is necessary, ancillary or supplementary for the EU identification and registration Regulations to have full effect,

the officer may serve a notice (“compliance notice”) stating that opinion to the person—

• (i) who appears to be the owner, occupier, or person in charge of the premises,

• (ii) who is an officer of, or represents, a designated issuing body,

• (iii) who is an officer of, or represents, a third party designated by breed societies or breeding operations in accordance with Article 27(1)(b) of Regulation No 2016/1012, or

• (iv) who appears to be in possession or control of a relevant animal, means of identification, documentation of identification or other thing

to which the notice relates.

• (2) A compliance notice shall—

• (a) require the person to whom it is served to take such action as specified in the notice,

• (b) inform the person to whom it is served that he or she may appeal the notice in the District Court under Regulation 29, and

• (c) state that if the person to whom it is served fails to comply with the notice, he or she commits an offence and is liable to a penalty set out in Regulation 33(2).

• (3) A compliance notice may require that—

• (a) a relevant animal, means of identification, documentation of identification or other thing to which these Regulations or the EU identification and registration Regulations relates be dealt with in a manner specified in the notice,

• (b) a relevant animal, means of identification, documentation of identification or other thing to which these Regulations or the EU identification and registration Regulations relates be detained, disposed of or destroyed in such manner and at a place (if any) as the officer specifies in the notice,

• (c) a person give to an authorised officer any documents, records or database relating to an approval granted under EU identification and registration Regulations or these Regulations, or approval or registration granted under—

• (i) the European Union (Food and Feed Hygiene) Regulations 2020 ( S.I. No. 22 of 2020 ), or

• (ii) the European Union (Animal By-Products) Regulations 2014 ( S.I. No. 187 of 2014 ), and

• (d) a specified activity cease on a premises,

• (e) a specified activity take place only in a manner specified in the notice,

• (f) entry onto a premises specified in the notice is prohibited or restricted,

• (g) movement or further movement of a relevant animal, means of identification, documentation of identification or other thing to which these Regulations or the EU identification and registration Regulations relates is prohibited, either absolutely or unless such conditions as may be specified in the notice are complied with,

• (h) require a person to return a relevant animal, means of identification, documentation of identification or other thing to which these Regulations or the EU identification and registration Regulations relates, to the place of departure by a route which in the opinion of the authorised officer is the most direct or prudent,

• (i) a measure within the meaning of Article 137(2) or Article 138(2) of Regulation 2017/625 be taken as specified in the notice,

• (j) a specified operation or activity may only be carried out under and in accordance with such terms and conditions as are specified in the notice,

• (k) a person to cease issuing identification documents or maintaining a stud-book or both, or

• (l) the movement of a relevant animal be restricted.

• (4) A person to whom a compliance notice is served shall comply with the compliance notice until the notice expires, is withdrawn under paragraph (6) or is annulled under Regulation 29, and not cause or permit another person to contravene the terms of the notice.

• (5) A compliance notice may specify a time limit within which it is to be complied with.

• (6) A compliance notice may be modified or withdrawn in a further notice and the earlier notice has effect subject to the modification or withdrawal.

• (7) A compliance notice may require the owner, occupier, operator or person in charge of any premises, a relevant animal, means of identification, documentation of identification, vehicle, vessel, machinery (including any computerised information management system), equipment or other thing to which the EU identification and registration Regulations relates to choose between two or more of the requirements specified in the notice.

• (8) A compliance notice shall include an address for service of an appeal under Regulation 29.

Appeal against compliance notice

• (a) where the relevant animal, means of identification, documentation of identification, premises, vehicle, machinery (including any computerised information management system), equipment, vessel or other thing to which the EU identification and registration Regulations relates which is the subject of the notice, is situated, or

• (b) where the person bringing the appeal ordinarily resides or carries on business,

on the grounds that the notice is unreasonable having regard to these Regulations or the EU identification and registration Regulations.

• (2) Notice of an appeal shall contain a statement of the grounds upon which it is alleged that the notice or any of the terms of the notice are unreasonable and shall be served on the authorised officer who served the compliance notice at the address included on the notice in accordance with Regulation28 not later than 48 hours prior to the hearing of the appeal.

• (3) A person bringing an appeal shall lodge a copy of the notice or appeal with the District Court Clerk concerned not later than 48 hours prior to the hearing of the appeal.

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

• (5) A person, including a person on whom a compliance notice has been served, who —

• (a) pending the determination of an appeal, shall not deal with a relevant animal, means of identification, documentation of identification, premises, vehicle, vessel, machinery (including any computerised information management system), equipment or other thing to which the notice relates, other than in accordance with the terms of the compliance notice, or

• (b) if the notice is confirmed or modified on appeal, deal with a relevant animal, means of identification, documentation of identification, any premises, vehicle, vessel, equipment, machinery (including any computerised information management system) or other thing to which the notice relates other than in accordance with the terms of the compliance notice as confirmed or modified.

• (6) In this Regulation “appeal” means an appeal under paragraph (1).

Seizure and detention for non-compliance with a compliance notice

• (a) a person in control of a relevant animal, means of identification, documentation of identification or other thing to which a compliance notice relates, or in control of a premises, vessel, vehicle, equipment, machinery (including any computerised information management system) or other thing used in connection with a relevant animal, means of identification, documentation of identification or other thing to which a compliance notice relates fails to comply with the terms of a compliance notice within the time specified,

• (b) an authorised officer has reasonable grounds for believing that the terms of a compliance notice, whether or not modified under Regulation 29(4), will not be complied with, or

• (c) a compliance notice has been confirmed with or without modification under Regulation 29(4) and the notice has not been complied with,

an authorised officer may at any time seize the relevant animal, means of identification, documentation of identification or other thing to which a compliance notice relates, or seize the vessel, vehicle, equipment, machinery (including any computerised information management system) or other thing used in connection with a relevant animal, means of identification, documentation of identification or other thing to which a compliance notice relates.

• (2) If the relevant animal, means of identification, documentation of identification or other thing to which a compliance notice relates, a vessel, vehicle, equipment, machinery (including any computerised information management system) or other thing used in connection with a relevant animal, means of identification, documentation of identification or other thing to which a compliance notice relates is seized in accordance with paragraph (1), an authorised officer may—

• (a) sell, destroy or dispose of the relevant animal, means of identification, documentation of identification or other thing to which a compliance notice relates or cause it to be sold, destroyed or be disposed of, or

• (b) take such other measures in relation to the relevant animal, means of identification, documentation of identification or other thing to which a compliance notice relates, or in relation to the vessel, vehicle, equipment, machinery (including any computerised information management system) or other thing used in connection with a relevant animal, means of identification, documentation of identification or other thing to which a compliance notice relates as the authorised officer considers appropriate in the circumstances.

• (3) Any profits arising out of the sale, destruction or disposal of a relevant animal, means of identification, documentation of identification or other thing to which a compliance notice relates in accordance with paragraph (2) shall be paid to the owner of the relevant animal, means of identification, documentation of identification or other thing to which a compliance notice relates less any expenses incurred in connection with the seizure, sale, destruction or disposal.

• (4) The costs (including ancillary costs) of a measure taken under this Regulation are recoverable by the Minister—

• (a) as a simple contract debt in a court of competent jurisdiction from the person who was the owner of the relevant animal, means of identification, documentation of identification or other thing to which these Regulations or the EU identification and registration Regulations relates or from the person who was the owner of the means of transport at the time the measure was carried out, or

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

• (5) The costs of any action required by a compliance notice shall be borne by the owner of a premises, relevant animal, means of identification, documentation of identification or other thing to which the notice relates.

Obstruction and false statements

• (a) obstruct, interfere with or impede an authorised officer, or any person who accompanies an authorised officer, in the course of exercising a function conferred on the officer under these Regulations,

• (b) fail or refuse, without reasonable cause, to comply with a requirement of an authorised officer under Regulation 25,

• (c) fail, without reasonable cause, to give assistance or requested information to an authorised officer in accordance with Regulation 25,

• (d) in purporting to give information to an authorised officer for the exercise of the officer’s functions under these Regulations—

• (i) make a statement that he or she knows to be false or misleading in a material particular or recklessly make a statement which is false or misleading in a material particular, or

• (ii) intentionally fail to disclose a material particular,

• (e) tamper or otherwise interfere with a sample taken under Regulation 25, or

• (f) aid or abet a contravention of these Regulations or the EU identification and registration Regulations.

• (2) A statement or admission made by a person pursuant to a requirement under Regulation 25(10)(ii) is not admissible in evidence in proceedings brought against the person for an offence (other than an offence under this Regulation for failing to give information or giving false information) under these Regulations.

Directions and permits

• (2) The Minister or an authorised officer may revoke or amend a direction issued under these Regulations.

• (3) A direction under these Regulations remains in force until it is amended or revoked by another direction unless the direction specifically states otherwise.

• (4) An authorised officer may for the purposes of these Regulations issue a permit and may attach such terms and conditions to it as he or she considers appropriate.

Part 5 Penalties and Evidence

Penalties and prosecutions

33 (1) A person who contravenes Regulation 4(2) or (3), 5(3), 6(2)(3) or (4), 7(3)(4) or (5), 8(1) or (2), 10, 11(1)(2)(3) or (4), 12(1)(2)(4) or (5), 13(1)(2)(3) or (4), 14(1)(2)(3) or (4), 15, 16(4)(5)(6) or (7), 17(1) to (7) or (9)(10)(11)(12) or (13), 18(4)(5)(6)(8)(20)(21)(22)(28)(29)(30) or (31), 19, 20, 21, 23(11), 25(10)(11) or (12), 27(4), 28(4), 29(5), or 31(1) commits an offence.

• (2) A person who commits an offence under these Regulations is liable–

• (a) on summary conviction, to a class A fine, or

• (b) on conviction on indictment to a fine not exceeding €500,000, or to imprisonment for a term not exceeding 3 years, or to both.

• (3) An offence under these Regulations may be prosecuted summarily by the Minister or the local authority in whose functional area the offence is alleged to have been committed.

• (4) If an offence under these Regulations is committed by a body corporate and is proven to have been so committed with the consent, connivance or approval of or to have been attributable to the wilful neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate or a person who was purported to act in any such capacity, that person, as well as the body corporate, commits an offence and is liable to be proceeded against and punished as if he or she was guilty of the offence.

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

• (6) In proceedings alleging a contravention of these Regulations, it is a defence for the defendant to show he or she acted in accordance with a lawful derogation or transitional measure laid down by an act of an institution of the European Union relevant to the subject of the offence it is alleged that he or she committed.

Costs

Persons not of full age

• (a) under the age of 16 years, and

• (b) the apparent operator or person in possession or control of a relevant animal,

is, for the purposes of these Regulations, regarded as being the operator, or owning, possessing or being in control of the animal.

Part 6 Procedural

Service

• (a) by giving it to the person, his or her employee, servant or agent,

• (b) by leaving it at the address at which the person ordinarily resides, normally carries out business, or, if an address for service has been furnished, at that address,

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

• (d) if the address at which the person ordinarily resides cannot be ascertained by reasonable enquiry and the compliance notice relates to a premises, by delivering it to the premises or by affixing it in a conspicuous position on or near the premises,

• (e) by sending it by means of electronic mail to a device or facility for the reception of electronic mail where such an electronic mail address has been furnished by the person, but only if the sender’s facility for the reception of electronic mail generates a message confirming a receipt of the electronic mail confirming successful transmission of the notification, notice or document.

• (2) If an identification or compliance notice is to be served on or given to a person who is the owner or occupier of a premises and the name of the person cannot be ascertained by reasonable enquiry, it may be addressed to the person by using the words “the owner” or “the occupier”.

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

• (4) For the purposes of this Regulation, a company within the meaning of the Companies Act 2014 is considered to be ordinarily resident at its registered office and every other body corporate or unincorporated body is considered to be ordinarily resident at its principal office or place of business.

Fees

• (a) an application for approval of means of identification,

• (b) purchase of means of identification,

• (c) notification of registration of birth of a relevant animal,

• (d) issue of an identification document,

• (e) a late, incomplete, or inaccurate notification,

• (f) postage costs, or

• (g) the performance of a function under these Regulations,

such fee not exceeding the cost, estimated by the Minister, of providing the service to which the fee relates and different fees may be charged for different classes of notification or functions.

• (2) A fee under paragraph 1 may be charged in respect of one or more of the matters referred to in that paragraph.

• (3) Where the Minister charges a fee in relation to one or more matters specified in paragraph (1), the application will not be considered nor the matter dealt with unless the fee has been paid.

• (4) As an alternative to the fees the Minister may determine a charge covering some or all of the matters listed in paragraph (1) to be paid either when ordering means of identification or at registration and that means of identification will not issue or registration will not be made if the charges are not paid.

• (5) A person who (a) receives a notification or (b) supplies approved means of identification shall not accept the notification or supply the means of identification unless the notification or application for means of identification is accompanied by the appropriate fee (if any).

• (6) A person who receives monies under paragraph 4 shall remit the monies to the Minister in accordance with the directions of the Minister.

• (7) A fee payable pursuant to this Regulation shall be disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

Evidence on certificate etc

• (a) a person was or was not the holder of an approval granted under Regulation 23,

• (b) a person or establishment was or was not authorised under Regulation 23, or

• (c) that a particular authorisation or approval, referred to in this paragraph, was subject to a particular condition or conditions,

is, without proof of the signature of the person purporting to sign the certificate or that he or she is an officer of the Minister, evidence, unless the contrary is shown, of the matters stated in the certificate.

• (2) In proceedings for an offence under these Regulations the court may, if it considers that the interests of justice so require, direct that oral evidence of any matter stated in a certificate under paragraph (1) or (2) be given, and the court may for the purpose of receiving oral evidence adjourn the matter.

Fixed Payment Notice

• (a) the person is alleged to have committed the offence,

• (b) the person may during the period of 28 days beginning on the date of the notice make to the Minister, at the address specified in the notice, a payment of €250 accompanied by the notice,

• (c) the person is not obliged to make the payment, and

• (d) a prosecution in respect of the alleged offence 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 of the alleged offence will be instituted.

• (2) Where a fixed payment notice is served under paragraph (1)—

• (a) the person to whom the notice applies may, during the period specified in the notice, make to the Minister, at the address specified in the notice, the payment specified in the notice accompanied by the notice,

• (b) the Minister may receive the payment, issue a receipt for it and retain the money so paid, and any payment so received shall not be recoverable in any circumstances by the person who made it, and

• (c) a prosecution in respect of the alleged offence 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 of the alleged offence shall be instituted.

• (3) In proceedings for an offence under these Regulations, the onus of proving that a payment pursuant to a notice under this Regulation has been made lies on the person on whom the fixed payment notice was served.

• (4) In proceedings for an offence referred to in paragraph (1) 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 of that offence.

Data Sharing

• (a) Information held by the Minister for the purposes of these Regulations may be transferred by the Minister to an issuing body, and

• (b) Information held by an issuing body for the purposes of these Regulations may be transferred by the issuing body to the Minister.

Part 7 Revocations and Transitional Measures

Revocations, savers etc

• (a) the Diseases of Animals Act 1966 (National Pig Identification and Tracing System) Order 2002 ( S.I. No. 341 of 2002 );

• (b) the European Communities (Goat Identification) Regulations 2005 ( S.I. No. 792 of 2005 );

• (c) the European Communities (Identification and registration of pigs) Regulations 2008 ( S.I. No. 470 of 2008 );

• (d) the European Communities (Identification of Bovines) Regulations 2009 ( S.I. No. 77 of 2009 );

• (e) the Diseases of Animals Act 1966 (National Pig Identification and Tracing System) (Amendment) Order 2010 ( S.I. No. 364 of 2010 );

• (f) the European Communities (Sheep Identification) Regulations 2011 ( S.I. No. 309 of 2011 );

• (g) the European Communities (Equine) Regulations 2011 ( S.I. No. 357 of 2011 );

• (h) the Control On Places Where Horses Are Kept Regulations 2014 ( S.I. No. 113 of 2014 );

• (i) the European Union (Identification of Equidae) Regulations 2016 ( S.I. No. 62 of 2016 );

• (j) the European Union (Identification of Equidae) (Amendment) (No. 2) Regulations 2016 ( S.I. No. 470 of 2016 );

• (k) the European Communities (Sheep Identification) (Amendment) Regulations 2019 ( S.I. No. 243 of 2019 ).

• (2) Where a transitional measure mentioned in Regulation 2016/429 or in an act referred to in that Regulation is applicable and such transitional measure requires the continuation of a provision revoked by paragraph (1) the relevant provision of the Regulations revoked by paragraph (1) shall continue to apply as if that provision had not been revoked for so long as the transitional measure permits.

• (3) An application for an authorisation, recognition or approval (within the meaning of the Regulations revoked by paragraph (1) that remains to be determined on commencement of these Regulations is, after the commencement of these Regulations, considered to be an application for an authorisation, recognition or approval under the equivalent provision of these Regulations and may be determined as if made under these Regulations.

• (4) An authorisation, recognition or approval granted under the Regulations revoked by paragraph (1) and in force immediately before the making of these Regulations continues in force after such making as if granted under these Regulations.

• (5) An authorised officer appointed under the Regulations revoked by paragraph (1) and holding office immediately before the commencement of these Regulations continues in office after such commencement as if appointed under these Regulations.

• (6) Any reference made in an instrument to Regulations revoked by paragraph (1) shall be construed as a reference to these Regulations.

GIVEN under my Official Seal,

13 May, 2023.

CHARLIE MCCONALOGUE,

Minister for Agriculture, Food and the Marine.

EXPLANATORY NOTE

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

These regulations transpose Regulation (EU) 2016/429 (Animal Health Law) in relation to animal identification and traceability.

Footnotes