S.I. No. 305/1993 - European Communities (Equine Stud-Book and Competition) Regulations, 1993.

S.I. No. 305 of 1993.

EUROPEAN COMMUNITIES (EQUINE STUD-BOOK AND COMPETITION) REGULATIONS, 1993.

I, JOE WALSH, Minister for Agriculture, Food and Forestry, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to Council Directive No. 90/427/EEC of 26 June 1990¹, 90/428/EEC of 26 June 1990², Commission Decision 92/²16/EEC of 26 March 1992³, Commission Decision No. 92/353/EEC of 11 June 1994⁴ and Commission Decision No. 92/354/EEC of 11 June 1992⁵ hereby make the following Regulations:

1 Citation and Commencement.

1. (1) These Regulations may be cited as the European Communities (Equine Stud-Book and Competition) Regulations, 1993.

(2) These Regulations shall come into operation on the 31st day of October, 1993.

2 Interpretation.

2. (1) In these Regulations—

"Directive 90/427" means Council Directive No. 90/427/EEC of 26 June 1990¹;

"Directive 90/428" means Council Directive No. 90/428/EEC of 26 June 1990²;

"Decision 92/216" means Commission Decision No. 92/216/EEC of 26 March 1992³;

"Decision 92/353" means Commission Decision No. 92/353/EEC of 11 June 1992⁴;

"Decision 92/354" means Commission Decision No. 92/354/EEC of 11 June 1992⁵;

¹O.J. No. L244, 18.8.1990, p. 55.

²O.J No. L244, 18.8.1990, p. 60.

³O.J. No. L104, 22.4.1992, p. 77.

⁴O.J. No. L192, 11.7.1992, p. 63.

⁵O.J. No. L192, 11.7.1992, p. 66.

"Council Directives and Decisions" means Directives 90/427¹ and 90/428² and Decisions 90/216³, 90/353⁴ and 90/354⁵;

"an approval" means an approval granted by the Minister under Regulation 3;

"approved" means approved by or on behalf of the Minister for the purposes of these Regulations;

"application for approval" means an application to the Minister in respect of an approval for a body maintaining a stud-book for the purposes of these Regulations and Council Directives and Decisions;

"approved body" means—

( a ) in relation to an association or organisation which has its head office located within the State, a body approved by the Minister in accordance with Regulation 3, or

( b ) in relation to an association or organisation which has its head office located in another Member State, a body approved by the competent authority of that Member State;

"an exemption" means an exemption granted by the Minister under Regulation 9;

"authorised office" means a person authorised in writing by the Minister to exercise for the purposes of these Regulations and Council Directives the powers conferred on an authorised officer by these Regulations;

"equidae" means domestic animals of the equine or asinine species or crossbreeds thereof;

"stud-book" means, any book, register, file or data medium in which equidae are entered or registered with mention of all their known ancestors;

"Member State" means a Member State of the European Communities;

¹O.J. No. L244, 18.8.1990, p. 55.

²O.J. No. L244, 18.8.1990, p. 60.

³O.J. No. L104, 22.4.1992, p. 77.

⁴O.J. No. L192, 11.7.1992, p. 63.

⁵O.J. No. L192, 11.7.1992, p. 66.

"market" includes to offer for sale, lease or hire and cognate words shall be construed accordingly;

"the Minister" means the Minister for Agriculture, Food and Forestry.

(2) A word or expression that is used in these Regulations and is also used in Directive 90/427 or Directive 90/428 has, unless the contrary intention appears, the meaning in these Regulations that it has in the appropriate Directive where it is used.

(3) ( a ) In these Regulations a reference to a Regulation is to a Regulation of these Regulations, unless it is indicated that reference to some other Regulations is intended.

( b ) In these Regulations a reference to a paragraph or subparagraph is to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

3 Approval of bodies for the purposes of maintaining stud-books.

3. (1) The Minister shall for the purposes of these Regulations and Directive 90/427 grant an approval to an association or organisation whose headquarters are located in the State for the purposes of maintaining a stud-book subject to the provisions of paragraph (2).

(2) The Minister may refuse to grant an approval to an organisation or association if—

( a ) he is not satisfied that the provisions of Directive 90/427 and Decision 92/353 will be complied with, or

( b ) he considers that the granting of approval would endanger the preservation of the breed or jeopardise the improvement or selection programme of one or more organisations or associations already approved, or

( c ) equidae, of the breed to be entered or registered in the stud-book for which approval is sought, may be entered or registered in a section of a stud-book which is—

(i) maintained by an organisation or association already approved, and

(ii) operated in conformity with the principles, specified at point 3 (b) of the Annex to Decision 92/353, as established by the approved body which maintains the stud-book of origin of the breed.

(3) An application for approval shall be—

( a ) submitted in writing by the applicant to the Minister,

( b ) legible and shall state the name and address of the applicant and where the applicant is a body corporate its principal place of business,

( c ) accompanied by a fee determined in accordance with Regulation 11, and

( d ) addressed to—

The Officer in Charge,

Livestock Breeding Division (Horses),

Department of Agriculture, Food and Forestry,

Farnham Street,

Cavan,

or to such other person or address as the Minister may direct and as published in at least 2 daily newspapers published and circulating in the State.

(4) The Minister may, upon receipt of an application for approval, require such information from the applicant as he considers necessary for him to ensure that the provisions of Directive 90/427 and Decision 92/353 will be complied with and to decide whether or not to grant the approval.

(5) A person who is making an application for approval wilfully makes a false or misleading statement shall be guilty of an offence.

(6) Approval shall be valid for 5 years.

(7) The Minister may attach conditions to an approval at the time it is granted or subsequently and he may amend or revoke a condition attached to the approval and shall notify the owner or person in charge of the association or organisation concerned in writing of the conditions, amendment or revocation in relation to that approval.

(8) The Minister may, if he is not satisfied that the relevant provisions of the Directive 90/427 and Decision 90/353 are being or will be complied with by an association or organisation, refuse an approval applied for or revoke an approval granted and shall notify the owner or person in charge of the association or organisation in writing of the refusal or revocation.

(9) The Minister shall not—

( a ) revoke an approval, or

( b ) refuse an application for approval, or

( c ) attach a condition to an approval or amend such a condition, without—

( d ) notifying the holder of, or applicant for, the approval of his intention to revoke the approval or refuse the application, or attach or amend the condition, as the case may be,

( e ) specifying his reasons for the intended revocation or refusal of the approval, or the attaching or amendment of the condition, and

( f ) affording the holder of, or applicant for, the approval the opportunity of making representations or having representations made on his behalf to the Minister in relation to the proposed revocation or refusal or to the attachment or amendment of the condition, as the case may be, within 14 days of the receipt by that person of the notification referred to in subparagraph ( d ) and having had regard to any such representations.

(10) A person who contravenes an approval or a condition of an approval shall be guilty of an offence.

4 Entry and/or registration of equidae in Stud-Books.

4. Equidae shall be entered and/or registered in a stud-book maintained by an approved body in accordance with the terms of decisions adopted under the provisions of Article 4 (2) of Directive 90/427.

5 Marketing of semen, ova and embryos.

5. The semen, ova and embryos of equidae entered or registered in a stud-book maintained by an approved body shall, when they are marketed, be accompanied by a zootechnical certificate drawn up in accordance with the terms of decisions adopted under the provisions of Article 8 (2) of Directive 90/427.

6 Monitoring of the genetic merit of equidae

6. Approved bodies shall, in respect of stud-books maintained by them, calculate, or make arrangements to have calculated, the genetic merit of equidae entered or registered in those stud-books in accordance with the terms of decisions adopted under the provisions of Article 7 of Directive 90/427.

7 Identification of equidae.

7. (1) Equidae entered or registered in a stud-book maintained by an association or organisation shall, when they are being moved, be accompanied by an identification document issued by the organisation or association which maintains the stud-book or by any international association which manages competitions for equidae.

(2) The identification document referred to in the preceding paragraph shall include at least the information specified in the Annex to Directive 90/427 and such other information as may be required by decisions adopted under the provisions of Article 8 (1) of Directive 90/427.

8 Non-discrimination in competitions for equidae.

8. (1) The rules of a competition organised or held within the State shall, unless an exemption has been granted under Regulation 9, not discriminate between—

( a ) equidae originating in the State and equidae originating in another Member State, or

( b ) equidae entered or registered in stud-books maintained by approved bodies located in the State and equidae registered or entered in stud-books maintained by approved bodies located in another Member State.

(2) For the purpose of this Regulation the rules of a competition include the requirements for entry to the competition, the judging of the competition and the prize money or profits which may accrue from the competition.

9 Exemption of competitions from the provisions of Regulation 8.

9. (1) The Minister shall grant an exemption to an organisation or association organising a competition for equidae from the provisions of Regulation 8 if he is satisfied that the competition is—

( a ) reserved for equidae entered or registered in a stud-book for the purpose of permitting the improvement of a breed; or

( b ) a regional competition for the purpose of selecting equidae; or

( c ) a traditional or historic event.

(2) An application for an exemption shall be—

( a ) submitted in writing by the applicant to the Minister,

( b ) shall be legible and shall state—

(i) the name and address of the applicant, where the applicant is a body corporate its principal place of business;

(ii) details of the competition and the grounds on which the exemption is sought, and

( c ) shall be addressed to—

The Officer in Charge,

Livestock Breeding Division (Horses),

Department of Agriculture, Food and Forestry,

Farnham Street,

Cavan,

or to such other person or address as the Minister may direct and as published in at least 2 daily newspapers published and circulating in the State.

(3) The Minister may, upon receipt of an application for an exemption, require such information from the applicant as he considers necessary for him to ensure that Directive 90/428 will be complied with and to decide whether or not to grant the exemption.

(4) A person who in making an application for an exemption wilfully makes a false or misleading statement shall be guilty of an offence.

(5) The Minister may, if he is not satisfied that the grounds on which the exemption is applied for or granted are being or will be complied with by an association or organisation refuse an exemption applied for or revoke an exemption granted and shall notify the person in charge of the association or organisation in writing of the refusal or revocation.

(6) The Minister shall—

( a ) revoke an exemption granted, or

( b ) refuse to grant an exemption, or

( c ) attach a condition to an exemption or amend such a condition, without—

( d ) notifying the holder of, or applicant for, the exemption of his intention to revoke the exemption or refuse the application, or attach or amend the condition, as the case may be,

( e ) specifying his reasons for the intended revocation or refusal of the exemption, or the attaching or amendment of the condition, and

( f ) affording the holder of, or applicant for, the exemption the opportunity of making representations or having representations made on his behalf to the Minister in relation to the proposed revocation or refusal or to the attachment or amendment of the condition, as the case may be, within 14 days of the receipt by that person of the notification referred to in subparagraph ( d ) and having had regard to any such representations.

(7) A person who contravenes an exemption or a condition of an exemption shall be guilty of an offence.

10 Powers of authorised officers.

10. (1) An authorised officer, on production of the officer's authorisation, if so required by any person affected, may, for the purposes of these Regulations and Directives 90/427 and 90/428—

( a ) at all reasonable times enter any premises or place, including any land, vehicle, wagon, vessel, aircraft or other means of transport where he reasonably suspects that—

(i) a stud-book or part of a stud-book, or any article, book, document or other record associated with a stud-book maintained by an approved body is being stored or transported, or

(ii) a competition for equidae is being held,

( b ) require any person at the premises or place or the owner or person in charge thereof and any person employed in connection therewith to give him such information and to produce to him such books, documents and other records within the power or procurement of the person as he may reasonably require for the purposes of such functions,

( c ) examine and take copies of, or extracts from, any such records as aforesaid,

( d ) if accompanied by a member of the Garda Síochána in uniform, stop any vehicle which he reasonably suspects to contain a stud-book or part of a stud-book or any article, book, document or other record associated with a stud-book, maintained by an approved body.

(2) A person who obstructs or otherwise interferes with an authorised officer in the performance of his functions under this Regulation or who, in purported compliance with such a requirement under subparagraph (1) (b), gives information to an authorised officer that he knows to be false or misleading in a material respect shall be guilty of an offence.

(3) A person who, with intent to deceive, tampers or interferes with any copy, extract or sample taken under these Regulations, shall be guilty of an offence.

(4) Where an authorised officer finds or comes into possession of any article, book, document or other record which he reasonably believes to be evidence of the commission of an offence under these Regulations, he may seize it and detain it for use in evidence in a prosecution under these Regulations for such period from the date of the seizure as may be reasonable or, if proceedings are commenced in which the article, book, document or other record is required for use in evidence, until the conclusion of the proceedings.

11 Fees.

11. (1) There shall be charged by the Minister in respect of an approval under Regulation 3 of such fee as the Minister, with the consent of the Minister for Finance, may determine.

(2) A fee charged under this Regulation shall be payable by the owner or person in charge of the association or organisation to which the approval concerned relates and the Minister may refuse to give an approval until the fee under this Regulation in respect thereof has been paid.

(3) Fees under this Regulation shall be collected and taken in such manner as the Minister for Finance directs and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.

(4) A fee payable under this Regulation may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction.

(5) A fee charged under this Regulation shall not exceed an amount equal to the costs, estimated by the Minister, incurred in relation to the approval concerned and the performance of functions, under these Regulations in relation to the association or organisation concerned by an authorised officer for the purposes of the approval.

12 Penalties and offences.

12. (1) A person guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding £1,000.

(2) An offence under these Regulations may be prosecuted by the Minister.

(3) Where an offence under these Regulations has been committed by a body corporate and is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of a person, being a director, manager, secretary or other officer of the body corporate or a person who was purporting to act in any such capacity, that person as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he were guilty of the first-mentioned offence.

(4) Where a person is convicted of contravening these Regulations, he shall be guilty of a further offence on every day on which the contravention continues and for such offence he shall be liable on summary conviction to a fine not exceeding £200.

GIVEN under my Official Seal, this 26th day of October, 1993.

JOE WALSH,

Minister for Agriculture, Food

and Forestry.

EXPLANATORY NOTE.

These Regulations, which give legal effect to Directives 90/427/EEC and 90/428/EEC (copies of which may be obtained from the Government Publications Sale Office, Molesworth Street, Dublin 2), set out the criteria which a body must meet if it is to maintain an officially recognised stud-book and provide for the non-discriminatory treatment of competition horses.