S.I. No. 439/2010 - European Communities (Approval and Registration of Dealers of Bovine Animals and Swine) (Amendment) Regulations 2010.
Notice of the making of this Statutory Instrument was published in | ||
“Iris Oifigiúil” of 14th September, 2010. | ||
I, BRENDAN SMITH, Minister for Agriculture, Fisheries and Food, 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 further effect to Council Directive 97/12/EC of 17 March 1997 1 amending and updating Council Directive 64/432/EEC of 29 July 1964 2 relating to dealers, hereby make the following regulations: | ||
1. These Regulations may be cited as the European Communities (Approval and Registration of Dealers of Bovine Animals and Swine) (Amendment) Regulations 2010. | ||
2. The European Communities (Approval and Registration of Dealers of Bovine Animals and Swine) Regulations 2007 ( S.I. No. 151 of 2007 ) are amended by the substitution for— | ||
(a) Regulation 6 of— | ||
“6. (1) A person shall not operate as a dealer unless he or she has been approved by the Minister for registration in the dealers’ register under this Regulation. | ||
(2) The Minister shall establish and maintain a register of dealers (“dealers’ register”) which shall contain such information as the Minister considers appropriate. | ||
(3) An application for registration shall be in a form and contain any information that the Minister may require. | ||
(4) The Minister may grant registration in the dealers’ register, attach a condition to registration, vary a condition, suspend or revoke registration or refuse an application. | ||
(5) A person who is registered in the dealers’s register shall make such returns to the Minister as the Minister may require. | ||
(6) Without prejudice to the generality of paragraph (4) the Minister may refuse an application or suspend or revoke registration in accordance with Regulation 8 if he or she is satisfied that— | ||
(a) the applicant or registered person has failed to comply with an act of an institution of the European Union or a Regulation made under the European Communities Act 1972 (No. 27 of 1972) in respect of animal health, identification, transport or welfare, | ||
(b) the applicant or registered person has committed an offence relating to animal health, identification, animal transport or animal welfare, | ||
(c) the applicant or registered person has failed to comply with a condition of registration, | ||
(d) in relation to an application for registration, information required has not been furnished or information that is false or misleading in a material respect has been furnished, | ||
(e) the applicant fails to demonstrate to the Minister’s satisfaction that | ||
(i) he or she understands the limitations relating to dealers, or | ||
(ii) that he or she can comply with the responsibilities and obligations of being a dealer, | ||
(f) the premises to which the application or registration relates is not a fit premises to be registered, | ||
(g) the applicant or registered person is not a fit person to be registered, or | ||
(h) the registered person has ceased to carry out activity to which the registration relates. | ||
(7) The Minister may approve a dealer for a period of 3 years in accordance with Article 13 of the Council Directive which may be renewed on application by or on behalf of the dealer.”, and | ||
(b) Regulation 7. (11) of— | ||
“(11) The Minister may refuse to grant an application or suspend or revoke a registration in accordance with Regulation 8 if he or she is satisfied that- | ||
(a) the applicant or registered person has failed to comply with an act of an institution of the European Union or a Regulation made under the European Communities Act 1972 (No. 27 of 1972) in respect of animal health, identification, animal transport or animal welfare, | ||
(b) the applicant or registered person has committed an offence relating to animal health, identification, transport or welfare, | ||
(c) the applicant or registered person has failed to comply with a condition of registration, | ||
(d) in relation to an application for registration, information required has not been furnished or information that is false or misleading in a material respect has been furnished, | ||
(e) in relation to a person applying for registration or approval, the applicant fails to demonstrate to the Minister’s satisfaction that | ||
(i) he or she understands the limitations relating to dealers or | ||
(ii) that he or she can comply with the responsibilities of being a dealer, | ||
(f) the premises to which the application or registration relates is not a fit premises to be registered, | ||
(g) the applicant or registered person is not a fit person to be registered, or | ||
(h) the registered person has ceased to carry out activity to which the registration relates.”. | ||
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GIVEN under my Official Seal, | ||
9 September 2010. | ||
BRENDAN SMITH, | ||
Minister for Agriculture, Fisheries and Food. | ||
