S.I. No. 554/2012 - Brucellosis in Cattle (General Provisions) (Amendment) Order 2012.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 1st January, 2013.

I, SIMON COVENEY, Minister for Agriculture, Food and the Marine in exercise of the powers conferred on me by sections 3 and 27 of the Diseases of Animals Act 1966 (No. 6 of 1966) as adapted by the Agriculture, Food and the Marine (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 455 of 2011 ), hereby make the following order:

1. This Order may be cited as the Brucellosis in Cattle (General Provisions) (Amendment) Order 2012.

2. The Brucellosis in Cattle (General Provisions) Order 1991 ( S.I. No. 114 of 1991 ) is amended by—

(a) in Article 2 substituting the definition of “movement permit” for—

“ ‘movement permit’ has the meaning assigned to it in Article 28;”,

(b) in Article 2 after the definition of “movement permit” inserting the following—

“ ‘passport’ means a record issued by the Minister in accordance with Article 6.1 of Regulation (EC) No. 1760/2000 of the European Parliament and of the Council of 17 July 2000¹ ;”,

(c) deleting Article 5 (3) (c), (d) and (e),

(d) substituting Article 5(3) (f) for the following—

“(f) where samples have been taken from all those eligible animals in a herd required to be tested, no female animal of any age or bull aged 12 months or more shall be moved out of the herd or off the land on which the samples were taken, except in accordance with conditions set down by the Minister, until the tests have been completed and either the owner or the person in charge of the animals has been informed of the results of the tests.”,

(e) substituting Article 5(5) for the following—

“(5) Where, pursuant to an authorisation under paragraph (4) of this Article, a sample has been taken from an animal in a herd, the animal shall not be moved out of the herd or off the land on which the sample was taken, except in accordance with conditions set down by the Minister, until the test has been completed and either the owner or the person in charge of the animal has been informed of the result of the test.”,

(f) in Article 7 (5) (a) substituting “except under and in accordance with the terms of a movement permit” with “except in accordance with conditions set down by the Minister”,

(g) inserting “, if requested to do so;” at the end of Article 7 (5) (b),

(h) substituting Article 18 (2) for the following—

“An eligible female animal aged 24 months or more and an eligible male animal aged 24 months or more may not be moved into or out of a holding other than directly to a premises at which it is to be slaughtered unless the animal has passed a blood test within the period of 60 days prior to the date on which it is moved.”,

(i) deleting Article 18 (3), (4) and (5),

(j) substituting Article 28 for the following—

“A veterinary inspector or an authorised officer may, at his discretion, issue (including by electronic means) a permit (referred to in this Order as a “movement permit”) for the purposes of this Order authorising such movement as may be specified in the permit of such animal or animals as may be specified therein and may attach to the permit any conditions (including conditions to be fulfilled after the movement concerned has been effected) which he considers appropriate.”,

(k) substituting “landforms” with “land forms” in Article 32, and

(l) inserting “or passport” after “identity card” in Articles 7(5) (b), 11(4), 18(1), 18(6) and 21.

3. The Diseases of Animals Act 1966 (Control on Supply of Animals) Order 2002 (S.I. 189 of 2002) is revoked.

GIVEN under my Official Seal,

20 December 2012.

SIMON COVENEY,

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.)

The effect of this Order is to amend the age threshold for cattle to be tested for Brucellosis and to provide for the deletion of the requirement for veterinarians to record details of the Brucellosis test information on cattle identity card/passports.

This Order also revokes the Diseases of Animals Act 1966 (Control on Supply of Animals) Order 2002 (S.I. 189 of 2002) which provided controls on the movement of animals and was specific to a bovine or ovine animal that had, at any time in the 30 clear days prior to sale or supply, been in the possession or under the control of a dealer.

1 O.J. L 204, 11.8.2000, p. 1.