The Animals (Identification, Records, Movement and Enforcement) (Amendment) Regulations (Northern Ireland) 2025

Type Ni-Statutory-Rule
Publication 2025-01-23
Last updated 2025-01-24
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
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Made: 23rd January 2025

Coming into operation: 24th January 2025

The Department of Agriculture, Environment and Rural Affairs1, makes the following Regulations in exercise of the powers conferred by sections 11 and 22 of, paragraphs 11M(1), (3) and (8) of Part 1C of Schedule 2 and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 20182.

Citation, commencement and interpretation

1

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

2

  • “animal” means ‘bovine animal’ or ‘animal of the bovine species’ which is an animal of the species of ungulates belonging to the genera Bison, Bos (including the subgenera Bos, Bibos, Novibos, Poephagus) and Bubalus (including the subgenus Anoa) and the offspring of crossings of those species;
  • “Council Regulation” means Regulation (EU) 2016/429 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’);
  • “Commission Regulation” means Commission Delegated Regulation (EU) 2019/2035 supplementing Regulation (EU) 2016/429 as regards rules for establishments keeping terrestrial animals and hatcheries, and the traceability of certain kept terrestrial animals and hatching eggs;
  • “keeper” means any person responsible for animals, whether on a permanent or on a temporary basis, including during transportation or at a market but excluding veterinary practices;

; and

  • “register” means a register containing the records required by Article 102(1) of the Council Regulation;

(1) Any person who contravenes any of the following provisions of the Council Regulation shall be guilty of an offence, that is to say— (a) paragraph (1)(a) and (b) of Article 102; (b) Article 102(3).

Amendments to the Cattle Identification (No. 2) Regulations (Northern Ireland) 1998

3

  • “approved eartag” means an eartag which is approved by the Department for the purposes of Article 9(1) of the Commission Implementing Regulation and which complies with that provision and with Article 12 of the Commission Implementing Regulation, and with the requirements of regulations 3(3) and 4(1);
  • “Commission Delegated Regulation” means Commission Delegated Regulation (EU) 2019/2035 supplementing Regulation (EU) 2016/429 as regards rules for establishments keeping terrestrial animals and hatcheries, and the traceability of certain kept terrestrial animals and hatching eggs;
  • “Commission Implementing Regulation” means Commission Implementing Regulation (EU) 2021/520 laying down rules for the application of Regulation (EU) 2016/429 with regards to the traceability of certain kept terrestrial animals;
  • “Council Regulation” means Regulation (EU) 2016/429 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’);
  • “keeper” means any person responsible for animals, whether on a permanent or on a temporary basis, including during transportation or at a market but excluding veterinary practices;

(1) The Department— (a) shall be the competent authority for the purposes of approving eartags for the purposes of Article 9(1) of the Commission Implementing Regulation and for the purposes of giving permission for their replacement under Article 38 of the Commission Delegated Regulation; and (b) on application from the operator of a herd, shall allocate in relation to such eartags for the animals in that herd, the unique identification codes necessary to ensure the eartags comply with Article 12 of the Commission Implementing Regulation.

(3) Subject to paragraph (4), for the purposes of Article 13 of the Commission Implementing Regulation, the periods within which the keeper of an animal shall attach approved eartags to the animal shall— (a) in the case of an animal born in a dairy herd, be within 36 hours of the birth of the animal; (b) in the case of any other animal, be within 20 days of its birth, and in any case before the animal leaves the holding on which it was born.

(1) In accordance with Article 12 of the Commission Implementing Regulation, both of the approved eartags attached to any animal born on or after 21 April 2023 shall be inscribed with either the letters “XI” or numbers “899” and the unique number allocated in relation to the animal by the Department for that purpose. (2) The Department may authorise another material or model for second eartags to be applied to any animal in Northern Ireland provided the eartags meet the requirements in Part 1 of Annex II of the Commission Implementing Regulation.

(1) Any person who, in contravention of Article 17 of the Commission Implementing Regulation, fails to attach approved eartags to an animal imported from a third country within 20 days of the animal passing the checks specified in Regulation (EU) 2017/625 shall be guilty of an offence.

(10) (1) In accordance with Article 20 the Commission Implementing Regulation, a keeper may continue to identify animals born before 21 April 2023 using eartags approved by the Department at that time. (2) In these Regulations, any reference to an eartag includes an eartag authorised for use under this regulation. (3) Any animal identified in accordance with paragraph (1) shall, for the purposes of regulations 3, 5 to 9, or 11 to 16, be considered to have been identified in accordance with the Council Regulation, Commission Delegated Regulation and Commission Implementing Regulation. (4) Any person who does not comply with the requirements set out in the regulations referred to in paragraph (3) shall be guilty of an offence and regulation 17 shall apply accordingly. (5) The powers of inspector or officer of the Department specified in regulations 14 and 15 shall apply in respect of any animal identified in accordance with paragraph (1).

(1) An officer of the Department may serve a notice on a keeper of animals on a holding, restricting the movement of cattle to or from the holding if he is satisfied that this is necessary for the proper enforcement of the Council Regulation.

; and

(2) Following the service of a notice in paragraph (1), an officer of the Department may, if he is satisfied that this is necessary for the proper enforcement of the Council Regulation, seize an animal and if the keeper of that animal cannot prove its identification or traceability, the Department shall order the destruction of that animal without compensation.

Amendments to the Cattle Identification (Notification of Births, Deaths and Movements) Regulations (Northern Ireland) 1999

4

  • “animal” means ‘bovine animal’ or ‘animal of the bovine species’ which is an animal of the species of ungulates belonging to the genera Bison, Bos (including the subgenera Bos, Bibos, Novibos, Poephagus) and Bubalus (including the subgenus Anoa) and the offspring of crossings of those species;
  • “Commission Regulation” means Commission Delegated Regulation (EU) 2019/2035 supplementing Regulation (EU) 2016/429 as regards rules for establishments keeping terrestrial animals and hatcheries, and the traceability of certain kept terrestrial animals and hatching eggs;
  • “Council Regulation” means Regulation (EU) 2016/429 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’);
  • “keeper” means any person responsible for animals, whether on a permanent or on a temporary basis, including during transportation or at a market but excluding veterinary practices;

; and

Amendments to the Cattle Passport Regulations (Northern Ireland) 1999

5

  • “animal” means ‘bovine animal’ or ‘animal of the bovine species’ which is an animal of the species of ungulates belonging to the genera Bison, Bos (including the subgenera Bos, Bibos, Novibos, Poephagus) and Bubalus (including the subgenus Anoa) and the offspring of crossings of those species;
  • “cattle passport” means a document issued by the appropriate competent authority containing the information set out in Article 44 of the Commission Regulation;
  • “Commission Regulation” means Commission Delegated Regulation (EU) 2019/2035 supplementing Regulation (EU) 2016/429 as regards rules for establishments keeping terrestrial animals and hatcheries, and the traceability of certain kept terrestrial animals and hatching eggs;
  • “Council Regulation” means Regulation (EU) 2016/429 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’);
  • “keeper” means any person responsible for animals, whether on a permanent or on a temporary basis, including during transportation or at a market but excluding veterinary practices;

; and

  • “official veterinary surgeon” means a veterinarian authorised by the Department and appropriately qualified to perform the activity in regulation 8.

(b) contains the information as set out in Article 44 of the Commission Regulation.

Amendments to the Sheep and Goats (Records, Identification and Movement) Order (Northern Ireland) 2009

6

  • “assembly centre” means holdings approved by the Department for the assembly of animals from more than one holding which are— intended to form consignments for trade; and kept for a period shorter than the required residency period of the animal concerned as set out in the Council Regulation;
  • “Commission Implementing Regulation” means Commission Implementing Regulation (EU) 2021/520 laying down rules for the application of Regulation (EU) 2016/429 with regards to the traceability of certain kept terrestrial animals;
  • “Commission Regulation” means Commission Delegated Regulation (EU) 2019/2035 supplementing Regulation (EU) 2016/429 as regards rules for establishments keeping terrestrial animals and hatcheries, and the traceability of certain kept terrestrial animals and hatching eggs;
  • “Council Regulation” means Regulation (EU) 2016/429 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’);
  • “holding” means any establishment or structure or in the case of free range farming, any environment in which animals are held, reared or handled on a permanent or temporary basis, except veterinary practices or clinics;
  • “holding register” means a register containing the records required by Article 102(1) of the Council Regulation;
  • “keeper” means any person responsible for animals, whether on a permanent or on a temporary basis, including during transportation or at a market but excluding veterinary practices;

; and

  • “movement document” means the movement document required by Articles 113(1)(b) of the Council Regulation and in a format approved by the Department;

(5) The identification code on the means of identification for the purposes of Article 12 of Commission Implementing Regulation must be— (a) the letters “XI” or, the numbers “899”; and (b) a 12 digit number prescribed by the Department; and must be identical on the first and second means of identification.

(10) A keeper of animals intended to be moved directly to a slaughterhouse before the age of 12 months shall ensure that each such animal is identified in accordance with Article 45(1) of the Commission Regulation and regulation 9.

(13) (1) Where a goat is on its holding of birth and has not been identified in accordance with Part III, the keeper must identify it within the time limits specified in Article 9(4) with either- (a) two eartags; or (b) an eartag and a pastern tag. (2) The identification code on such a means of identification must, in accordance with Article 12 of the Commission Implementing Regulation, be— (a) the letters “XI” or “899”; and (b) a 12 digit number prescribed by the Department; and must be identical on the first and second means of identification.

(1) A person shall not receive an animal from a member State unless it is identified in accordance with the Council Regulation.

; and

(2) In accordance with Article 17(1) of the Commission Implementing Regulation, the period for identifying an animal for the purposes of Article 81 of the Commission Regulation is 20 days.

; and

(3) The means of identification for animals imported from a third country must be the same as that set out in Article 45 of the Commission Regulation and, in accordance with Article 12 of the Commission Implementing Regulation, the identification code is— (a) the letters “XI” or the numbers “899”; (b) a 12 digit number in accordance with a numbering scheme prescribed by the Department.

(37) Any animal consigned for export to Great Britain or the Republic of Ireland shall be accompanied by a movement document and shall be identified in accordance with Article 9 in the case of a sheep and, in the case of a goat, Article 9 or Article 13.

(40) (1) In accordance with Article 20 of the Commission Implementing Regulation, a keeper may continue to identify animals born before 21 April 2023 using the identification code prescribed by the Department at that time. (2) In this Order, any reference to an identification device includes an identification device which uses the identification code authorised under this Article. (3) Any animal identified in accordance with paragraph (1) shall, for the purposes of the requirements of this Order, be considered to have been identified in accordance with the Council Regulation, Commission Regulation and Commission Implementing Regulation. (4) Nothing in this Order shall prevent a person from applying an additional tag to an animal identified in accordance with paragraph (1) provided that the tag does not contain the letters “UK” or bear a flock number or herd number unless authorised by the Department.

Signed

Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 23rd January 2025

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

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations are made in exercise of powers conferred by sections 11 and 22 of, paragraphs 11M(1), (3) and (8) of Part 1C of Schedule 2 and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 2018. They ensure that Northern Ireland secondary legislation relating to animal identification, registration and movement can continue to function following the introduction of EU Regulation No. 2016/429, Animal Health Law, on the 21 April 2021.

These Regulations amend domestic legislation by replacing references to the repealed EU legislation with the new provisions in EU Regulation No. 2016/429. Other amendments include extending the definition of animals to include the offspring of crossing of certain species and applying a consistent approach to the definition of keeper.

These Regulations will also revoke provisions contained in the Cattle Identification (No. 2) Regulations (Northern Ireland) 1998 No. 279 which were transitionary and are no longer required.

An impact assessment has not been produced for these Regulations as no, or no significant, impact on the private or voluntary sector is foreseen.

Footnotes

1

Formerly the Department of Agriculture and Rural Development (DARD see section 3(4) of the Departments (Northern Ireland) Order 1999 (S.I. 1999/283 (N.I. 1)). DARD was renamed the Department of Agriculture, Environment and Rural Affairs (DAERA) by Article 1(2) of the Departments Act (Northern Ireland) 2016 (c.5 (N.I.)).

2

2018(c16); Part 1C of Schedule 2 was inserted by section 22 of the European Union (Withdrawal Agreement) Act 2020 (c.1) (the 2020 Act). Paragraph 21(b) of Schedule 7 was amended by paragraph 53(2)(b) of Schedule 5 to the 2020 Act.

8

S.R 2009 No. 411, to which relevant amendments have been made by S.R. 2019 No. 82, S.I. 2019/157 and S.R. 2020 No. 353.

Editorial notes

9

Reg. 1 in operation at 24.1.2025, see reg. 1(1)

10

Reg. 2 in operation at 24.1.2025, see reg. 1(1)

11

Reg. 3 in operation at 24.1.2025, see reg. 1(1)

12

Reg. 4 in operation at 24.1.2025, see reg. 1(1)

13

Reg. 5 in operation at 24.1.2025, see reg. 1(1)

14

Reg. 6 in operation at 24.1.2025, see reg. 1(1)

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