European Communities (Bovine Breeding) Regulations 2009
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the European Communities (Bovine Breeding) Regulations 2009.
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paragraphs: (1) In these Regulations,—
(a) an authorised officer within the meaning of section 17A (inserted by the Diseases of Animals (Amendment) Act 2001 (No.3 of 2001) of the Diseases of Animals Act 1966 (No.6 of 1966),
(b) a member of the Garda Siochana,
(c) an officer of Customs and Excise,
(d) a person who immediately before the making of these Regulations was an authorised officer within the meaning of the Regulations revoked by Regulation 22, or
(e) a person appointed under Regulation 11;
(2) A word or expression that is used in a Directive or Decision cited in these Regulations or the preamble to these Regulations and that is also used in these Regulations has, in these Regulations, the same meaning as in the Directive or Decision in which it is used.
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paragraphs: These Regulations do not apply to embryos derived by transfer of nuclei collected, processed and stored in a Member State before 1 January 1991 or to semen collected, processed and stored in the State before 1 January 1990.
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paragraphs: (1) A person shall not—
(a) use a premises or act as a semen collection centre or cause or permit another person to use a premises or act as a semen collection centre except under and in accordance with an approval (“semen collection centre approval”),
(b) use a premises or act as a semen storage centre or cause or permit another person to use a premises or act as a semen storage centre except under and in accordance with an approval (“semen storage centre approval”),
(c) act as a centre veterinarian or team veterinarian or cause or permit another person to act as a centre veterinarian or team veterinarian relating to the centre at, or team by, which he or she is employed or engaged, or operates, except under and in accordance with an approval (“centre [or team] veterinarian approval”),
(d) act as part of an ova or embryo collection or production team or cause or permit another person to act as part of an ova or embryo collection or production team except under and in accordance with an approval (“ova or embryo collection [or production] team approval”),
(e) act as a breeders’ organisation, or cause or permit another person to act as a breeders’ organisation, except under and in accordance with an approval (“breeders’ organisation approval”),
(f) carry out, or cause or permit another person to carry out, the activities of performance recording and genetic evaluation or publication of evaluation results except under and in accordance with an approval (“genetic evaluation approval”),
(g) use semen for artificial insemination or fertilisation unless such semen is approved under and in accordance with an approval (“semen approval”), or
(h) carry out or cause to be carried out a scientific or educational programme involving the sale or supply of semen, ova or embryos except under and in accordance with an approval (“scientific or educational programme approval”).
(2) Notwithstanding paragraph (1)(h), Teagasc, an Institute of Technology or a university may carry out a research programme involving semen, ova or embryos of breeding animals if the semen, ova or embryos are not sold or supplied.
(3) The Minister may grant an approval, attach conditions to an approval, vary a condition, attach a new condition, withdraw an approval or refuse an application.
(4) An application shall be made in a form, be accompanied by any material and contain such information as the Minister may specify.
(5) The Minister shall not consider an application if the applicant does not have legal personality, the application does not contain all the material and particulars sought by the Minister or if it is not accompanied by the fee (if any) set in accordance with Regulation 18.
(6) An approval shall be valid for such period as the Minister may determine.
(7) Without prejudice to the generality of paragraph (3), the Minister may refuse an application or withdraw an approval if—
(a) the applicant or person to whom an approval is granted has been convicted of an offence under the Diseases of Animals Act 1966 or Regulations made under the European Communities Act 1972 that relates to an animal, semen, ova or embryos,
(b) the applicant or person to whom an approval is granted is not, in the opinion of the Minister, suitably qualified or experienced, or does not comply with a condition attached to an approval,
(c) the applicant or person to whom an approval is granted is not, in the opinion of the Minister, a fit and proper person for approval,
(d) it is, in the opinion of the Minister—
(i) necessary to prevent the risk or spread of animal or human disease,
(ii) necessary to eradicate animal or human disease, or
(iii) necessary, incidental, supplementary or consequential for the purposes of giving effect to an act of the institutions of the European Communities.
(8) Without prejudice to the generality of paragraph (3), the Minister shall refuse an application or withdraw an approval if—
(a) in the case of an application for, or a semen collection centre approval, the applicant, holder or premises to which the approval relates, in the opinion of the Minister, does not comply with-
(i) the conditions for the approval of a semen collection centre specified in Chapter I of Annex A to the Semen Directive,
(ii) the conditions relating to the supervision of a semen collection centre specified in Chapter II of Annex A to the Semen Directive,
(iii) the conditions applying to the movement of an animal into a semen collection centre specified in Chapter I of Annex B to the Semen Directive,
(iv) the routine tests and treatment which shall be applied to a bovine animal in a semen collection centre specified in Chapter II of Annex B to the Semen Directive, or
(v) the requirement that any analysis required by Annex B to the Semen Directive is carried out in approved laboratories,
(b) in the case of an application for, or a semen storage centre approval, the applicant, holder or premises to which the approval relates, in the opinion of the Minister, does not comply with-
(i) the conditions for the approval of a semen storage centre specified in Chapter I of Annex A to the Semen Directive, or
(ii) the conditions relating to the supervision of a semen storage centre specified in Chapter II of Annex A to the Semen Directive,
(c) in the case of an application for, or a centre veterinarian approval or team veterinarian approval, the applicant or holder of the approval, in the opinion of the Minister,-
(i) is not appropriately qualified or does not have the appropriate expertise,
(ii) proposes or purports to act as a centre veterinarian in respect of a centre other than the centre(s) to which the application relates or the centre(s) specified in the approval, or
(iii) proposes or purports to act as a team veterinarian in respect of a team other than the team to which the application relates or the team(s) specified in the approval,
(d) in the case of an application for, or an ova or embryo collection or production team approval, the applicant, holder or premises to which the approval relates, in the opinion of the Minister, does not comply with-
(i) the conditions for the approval of an ova/embryo collection or production team specified in Chapter I of Annex A to the Embryos Directive,
(ii) the conditions relating to the collection, processing, storage and transport of ova/embryos by an ova/embryo collection or production team as specified in Chapter II of Annex A to the Embryos Directive, or
(iii) the conditions applying to a donor animal specified in Annex B to the Embryos Directive,
(e) in the case of an application for, or a breeders’ organisation approval, the applicant, holder or premises to which the approval relates, in the opinion of the Minister, does not comply with the criteria set out in Commission Decision 84/247/EEC of 27 April 1984, as amended,
(f) in the case of an application for, or a genetic evaluation approval, the applicant, holder or premises to which the approval relates, in the opinion of the Minister, does not—
(i) have adequate resources, facilities and staff, and where necessary commercial industry support, co-operation and involvement to ensure complete, unbiased and accurate evaluations of animals,
(ii) ensure that all animals involved in testing or genetic evaluation are properly identified and that complete and accurate records (being open to inspection at all reasonable times by an authorised officer) are kept as required by the Minister,
(iii) enable all aspects of the testing or evaluation to be under the effective supervision of the Minister or another designated competent authority, or
(iv) comply with the performance monitoring methods and the methods used for assessing the genetic evaluation of breeding animals for the traits concerned in accordance with Commission Decision 2006/427/EC of 20 June 2006,
(g) in the case of an application for a semen approval, the application, in the opinion of the Minister, is not supported by—
(i) in the case of semen of a pure bred breeding animal, a zootechnical certificate in accordance with Commission Decision 2005/379/EC of 17 May 2005,
(ii) in the case of semen from an animal, other than a pure bred breeding animal the ancestry and zootechnical information similar to that referred to in Commission Decision 2005/379/EC of 17 May 2005,
(iii) a declaration that the donor animal is, or will be, blood typed or DNA typed and that a blood typing certificate or official DNA typing results will be available on request from a laboratory which shall be stated and acceptable to the Minister,
(iv) a declaration of known genetic defects in the animal or its ancestors,
(v) in the case of semen for performance testing and genetic evaluation purposes, the name of the holder of an approval in accordance with Regulation 4(1)(f),
(vi) in the case of semen for unrestricted use, evidence of the bull’s achievement of the genetic merit of the semen for required traits, as specified by the Minister, or
(vii) in the case of semen for special breeding purposes, the stated purpose, acceptable to the Minister, for which the semen shall be used,
(h) in the case of a scientific or educational programme approval, the applicant to which the approval relates, in the opinion of the Minister, does not provide a detailed programme proposal acceptable to the Minister outlining materials and methods, collaborative partners, the duration and likely benefits of the programme.
(9) Other than in the case of paragraph (8) or (10), if the Minister proposes to withdraw an approval, or to refuse an application, he or she shall—
(a) notify the applicant or holder of the approval in writing of the reason for the proposal, and that he or she may make representations to the Minister in relation to the proposal within 14 days of the notification,
(b) consider a representation duly made before deciding whether to proceed with, modify or annul the proposal, and
(c) notify the applicant or holder of the approval of the decision and the reasons for the decision.
(10) If the Minister is of the opinion that it is necessary to prevent the risk of, control or eradicate, a disease or to give effect to an act of an institution of the European Communities, he or she may withdraw an approval in accordance with paragraph (11).
(11) If the Minister withdraws an approval in accordance with this Regulation, he or she shall—
(a) notify the applicant or holder of the approval, in writing, of the decision and the reason for the decision, and that he or she may make representations to the Minister in relation to the decision within 14 days of the date of the notification,
(b) consider a representation made, and
(c) confirm, modify or annul the decision and notify the applicant or holder of the approval of the decision and the reasons for the decision.
(12) The holder of an approval shall inform the Minister if significant changes are made in the operation or organisation of the activities to which the approval relates.
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paragraphs: (1) A person shall not import or export a pure-bred breeding animal unless—
(a) in the case of exports to other Member States, the animal meets the animal health conditions specified in Council Directive No. 64/432/EEC of 26 June 1964,
(b) the animal is accompanied by an animal health certificate,
(c) in the case of intra-Community trade or export to a third country, the animal is accompanied by a zootechnical certificate in accordance with Commission Decision No. 2005/379/EC of 17 May 2005,
(d) in the case of import from third countries, the animal is
(i) entered or registered in a herdbook or register kept by an authority mentioned on a list referred to in Article 3(1),
(ii) accompanied by a pedigree and zootechnical certificate drawn up in accordance with Article 12,
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paragraphs: (1) Subject to paragraph (2), a person shall not import, export, sell, supply, purchase, have in his or her possession or under his or her control or use, semen, unless the semen—
(a) is collected and processed in an approved semen collection centre,
(b) is collected from an animal that complies with Annex B to the Semen Directive,
(c) is collected, processed and transported in accordance with Annexes A and C of the Semen Directive,
(d) is accompanied by an animal health certificate in accordance with Article 6(1) of the Semen Directive or a declaration in a form determined by the Minister,
(e) in the case of semen imported into the State from another member state or exported from the State, is accompanied by a zootechnical certificate in accordance with Commission Decision No. 2005/379/EC of 17 May 2005.
(2) A person shall not import semen from a third country unless the semen—
(a) comes from a third country (or part thereof) on a list drawn up in accordance with Article 8 of the Semen Directive,
(b) comes from a semen collection centre or semen storage centre listed in accordance with Article 9 of the Semen Directive,
(c) is accompanied by an animal health certificate in accordance with Article 11 of the Semen Directive,
(d) comes from an animal which is entered or registered in a herd book kept by an authority shown on one of the lists referred to in Article 3(1) of Council Directive No. 94/28/EC of 23 June 1994,
(e) either—
(i) comes from an animal which has undergone the performance checks and genetic value assessment determined on the basis of principles provided for in this respect under the Zootechnical Directive, or
(ii) if the tests referred to in subparagraph (e)(i) have not been completed, the semen does not exceed the amount required to carry out official tests,
(f) is accompanied by a pedigree and zootechnical certificate drawn up in accordance with the procedure laid down in Article 12 of Council Directive No. 94/28/EC of 23 June 1994.
(3) A person shall not import, from a Member State, semen collected from a bull vaccinated against foot-and-mouth disease during the 12 month period prior to collection unless 5 per cent of the semen from each collection (with a minimum of five straws) intended for import to the State is subjected, in an approved laboratory in a Member State or a laboratory designated by the Minister, to a virus isolation test for foot and mouth disease, with negative results.