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STATUTORY RULES OF NORTHERN IRELAND


2005 No. 535

AGRICULTURE

The Sheep and Goats (Records, Identification and Movement) Order (Northern Ireland) 2005

  Made 30th November 2005 
  Coming into operation 1st December 2005 


ARRANGEMENT OF ARTICLES


PART I

INTRODUCTION
1. Citation and commencement
2. Interpretation
3. Notification of a holding

PART II

EARTAGS
4. Approval of eartags
5. Design of eartags
6. Additional information
7. Identification number

PART III

IDENTIFICATION OF ANIMALS
8. Identification of animals born on or before 8th July 2005
9. Identification of animals born in Northern Ireland on or after 9th July 2005
10. Derogation from the requirement to apply a second means of identification
11. Animals intended for slaughter
12. Identification of animals imported from third countries
13. Receipt and identification of animals from England, Scotland, Wales or a member State
14. Removal of identification

PART IV

HOLDING REGISTER
15. Holding register
16. Records
17. Inventory of animals

PART V

MOVEMENT DOCUMENTS
18. Movement documents
19. Supply of a movement or market dispatch document
20. Electronic notification
21. Market operators

PART VI

MISCELLANEOUS
22. Export of animals to a member State
23. Slaughterhouse operators
24. Processing plants, collection centres and incineration plants
25. Prohibition of movement
26. Authorisations
27. Transitional and saving provisions
28. Revocation

  SCHEDULE 1 — System required by Section A.5 of the Annex to the Council Regulation

  SCHEDULE 2 — Holding register

  SCHEDULE 3 — Movement document

The Department of Agriculture and Rural Development[
1], makes the following Order in exercise of the powers conferred on it by Articles 5(1)(b), 19(e) and (g), 44 and 60(1) of the Diseases of Animals (Northern Ireland) Order 1981[2]:



PART I

INTRODUCTION

Citation and commencement
     1. This Order may be cited as the Sheep and Goats (Records, Identification and Movement) Order (Northern Ireland) 2005 and comes into operation on 1st December 2005.

Interpretation
    
2. —(1) In this Order—

    (2) Other expressions defined in the Council Regulation have the same meaning in this Order.

Notification of a holding
     3. —(1) A person who keeps an animal on a holding shall comply with Article 7(2) of the Council Regulation and this Article.

    (2) Subject to paragraph (6), a person who keeps an animal on a holding shall give notice to the Department containing particulars of—

    (3) In the case of a holding used for keeping animals on the date this Order comes into operation the notice required by paragraph (2) shall be given within 7 days of that date and in any other case shall be given within 7 days of the holding first being used to keep animals.

    (4) On receiving notification under paragraph (2), the Department may allocate to the keeper, a holding number and, in the case of sheep, a flock number or, in the case of goats, a herd number.

    (5) Where in relation to a holding to which paragraph (1) applies—

the keeper shall notify the Department accordingly within 30 days of such change or disposal of animals.

    (6) A notification made to the Department under Article 3 (1) of the Identification and Movement of Sheep and Goats Order (Northern Ireland) 2004 shall, notwithstanding the revocation of that Order, be regarded as a notification for the purpose of paragraph (2).



PART II

EARTAGS

Approval of eartags
     4. An approved eartag is an eartag bearing—

Design of eartags
    
5. —(1) All eartags, including replacement eartags, shall be of a design approved by the Department.

    (2) All eartags shall be manufactured, sold or supplied in accordance with an authorisation issued by the Department.

    (3) The manufacturer shall print on the eartags all the information required by this Order and the Council Regulation.

    (4) A person shall not manufacture, sell or supply an eartag for the purpose of identifying an animal, other than a sheep or goat, that is not readily distinguishable by its difference in size and colour from an approved eartag for the identification of animals under the provisions of this Order.

    (5) A person shall not manufacture, sell or supply an eartag with a herd or flock number allocated by the Department to any other person for the purposes of identifying animals on any other holding.

    (6) The Department may only approve an eartag under paragraph (1) if it is satisfied that the eartag is—

Additional information
    
6. —(1) In accordance with Section A.2 of the Annex to the Council Regulation, a manufacturer of eartags may add additional information to the identification number at the request of the keeper ordering the tags, provided that this information is printed on the inner side of the tag.

    (2) In accordance with Section A.2 of the Annex to the Council Regulation, a manufacturer of electronic transponders may add additional information to the identification number on the casing of the transponder at the request of the keeper, provided that the identification number remains legible at all times.

    (3) Notwithstanding paragraphs (1) and (2), a person shall not add further information to any means of identification unless authorised by the Department to do so.

Identification number
    
7. —(1) In the case of an animal born on or after 9th July 2005, all references in this Order to the "identification number" of an animal are references to the number on the eartag applied to the animal in accordance with—

    (2) In the case of an animal born on or before 8th July 2005, all references in this Order to the "identification number" of an animal are references to—



PART III

IDENTIFICATION OF ANIMALS

Identification of animals born on or before 8th July 2005
    
8. —(1) In the case of an animal born on or before 8th July 2005 that is not individually identified, the keeper shall attach to the animal's left ear, a green approved eartag before it is moved off the holding.

    (2) This Article does not apply to any animal that is individually identified with an eartag or tattoo applied under previous Orders or, (in the case of an animal from England, Scotland or Wales) an eartag applied under any previous provisions which give effect to the Council Regulation in England, Scotland or Wales.

Identification of animals born in Northern Ireland on or after 9th July 2005
    
9. —(1) The keeper shall identify an animal born on or after 9th July 2005 in accordance with Article 4(1) and (2) of the Council Regulation and this Article.

    (2) For the purposes of Article 4(1) of the Council Regulation, the keeper of an animal to which this Article applies shall attach to the animal's left ear, a green approved eartag (hereinafter referred to as the "natal tag")—

whichever is the earlier.

    (3) For the purposes of Article 4(2)(b) of the Council Regulation, the second means of identification is—

    (4) A person shall not add numbers or letters to an eartag other than in accordance with this Order.

    (5) A person shall not attach an eartag to any animal unless that eartag is—

Derogation from the requirement to apply a second means of identification
    
10. —(1) Subject to paragraph 2, in accordance with Article 4(2)(c) of the Council Regulation, the system to replace the second means of identification in accordance with Section A.5 of the Annex to that Regulation is set out in Schedule 1.

    (2) The provisions of Schedule 1 shall apply in addition to the requirements of—

Animals intended for slaughter
    
11. The identification method in Article 4(3) of the Council Regulation and Section A.7 of the Annex to that Regulation shall not be used.

Identification of animals imported from third countries
    
12. —(1) The keeper shall comply with Article 4(4) of the Council Regulation and this Article, in the case of an animal imported from a third country.

    (2) For the purposes of Article 4(4) of the Council Regulation, the period for identifying an animal with a green approved eartag in its right ear is 6 days.

    (3) Where an animal is imported into Northern Ireland from any place outside the European Community it may be moved from the point of importation to the holding of destination stated on the health certificate accompanying it, without an approved eartag, but within 6 days of the date of its importation (unless it is slaughtered without being moved from the holding of destination within that time), or before it is moved from the holding of destination if sooner, the keeper on the holding of destination shall identify the animal by attaching a green approved eartag to its right ear.

Receipt and identification of animals from England, Scotland, Wales or a member State
    
13. —(1) A person shall not receive an animal from a member State unless it is identified in accordance with—

    (2) A person shall not receive an animal from England, Scotland or Wales unless it is identified in accordance with paragraph (1) (a) or (b) and accompanied by a movement document in accordance with the Council Regulation and any provisions which give effect to the Council Regulation in England, Scotland or Wales.

    (3) Where an animal is imported into Northern Ireland from England, Scotland, Wales or a member State and moved onto a holding, other than a slaughterhouse, the keeper shall not remove or replace any eartag attached to the animal at the time of importation and shall, within 6 days of movement onto the holding, identify the animal by attaching a green approved eartag to the animal's right ear.

Removal of identification
     14. —(1) A person shall not—

    (2) A person shall not alter, remove, obliterate or deface the original identification applied to an animal originating in a member State in contravention of Article 4(5) of the Council Regulation.

    (3) A person shall not—

    (4) For the purposes of this Article any reference to an "approved eartag" includes any other means of identification attached to an animal under the Council Regulation or previous Orders.

    (5) A keeper shall comply with Article 4(6) (first paragraph) of the Council Regulation.



PART IV

HOLDING REGISTER

Holding register
    
15. —(1) A keeper (other than a transporter) shall comply with the following provisions of the Council Regulation and, in the case of a holding register, shall complete and keep that register in accordance with this Article—

    (2) For the purposes of Article 5(2) of the Council Regulation, when any animal is moved on to or off a holding the keeper shall record—

    (3) For the purposes of Article 5(3) of the Council Regulation, the period for which the register shall be available is 3 years from the end of the month in which the last entry was made.

    (4) The derogation in Article 5(4) of the Council Regulation shall not apply.

Records
    
16. A person required by this Order to keep a record shall—

Inventory of animals
    
17. —(1) For the purposes of Article 7(2) of the Council Regulation, a person by whom a record is required to be kept under this Order shall annually check, on a date during the reconciliation period, the total numbers of animals on the holding including the categories to which they belong, the occupation of the keeper and the type of production.

    (2) The keeper of an animal shall record, by the end of the reconciliation period each year, the particulars specified in the holding register set out in Schedule 2.

    (3) The findings of an annual inventory carried out in accordance with paragraph (1) shall be communicated to the Department in such form and manner as it may from time to time determine.



PART V

MOVEMENT DOCUMENTS

Movement documents
    
18. —(1) A keeper shall comply with Article 6 of the Council Regulation and this Article.

    (2) For the purposes of Article 6(1) of the Council Regulation, the movement document shall be completed by the keeper and shall be in the form set out in Schedule 3.

    (3) A keeper shall not move or cause or permit to be moved, any animal from a holding unless—

    (4) In relation to the movement of an animal off a holding, the keeper shall correctly complete and sign a movement document in accordance with paragraph (5).

    (5) A movement document shall contain the following details—

    (6) The duty of a keeper to correctly complete a movement document in accordance with paragraph (4) shall also apply to the operator of a slaughterhouse if for any reason live animals are rejected from the slaughterhouse.

    (7) Where an animal is moving off a holding to a market, collection centre, exhibition or show, the keeper shall, in addition to the information set out in paragraph (5), record the name and address of the market, collection centre, exhibition or show.

Supply of a movement or market dispatch document
    
19. —(1) A movement or market dispatch document shall be—

    (2) The keeper of an animal shall ensure that a copy of the movement or market dispatch document accompanies the animal to which it relates while it is in transit and shall, on demand made by an inspector or by a member of the Police Service of Northern Ireland—

    (3) For the purposes of Article 6(3) of the Council Regulation, a person to whom a movement or market dispatch document is supplied under this Article shall keep a copy of such document for a period of 3 years following the end of the month in which the document was received.

    (4) A keeper of an animal who supplies a movement document in accordance with this Article shall keep a copy of such document for a period of 3 years following the end of the month in which the document was supplied.

    (5) The derogation in Article 6(4) of the Council Regulation shall not apply.

    (6) In the case of an animal moved to another holding—

    (7) A person required by this Order to keep a copy of a movement or market dispatch document shall on demand by an inspector, produce to him that movement or market dispatch document and such an inspector shall be entitled to inspect and take extracts therefrom.

Electronic notification
    
20. —(1) The Department may authorise any person to notify the movement of an animal for the purposes of Article 19 by electronic means.

    (2) An authorisation under this Article shall specify the format in which the data is to be transmitted and the method of transmission.

    (3) Where a keeper is authorised under this Article to notify the movement of any animal by electronic means, any notification he gives pursuant to that authorisation shall contain the same information in relation to that movement and be delivered to the Department within the same time limits as would be required in the case of a notification by a movement document under Article 19.

Market operators
    
21. —(1) This Article shall apply in addition to the requirements of Article 5 of the Council Regulation and Article 19.

    (2) The owner or person in charge of a market shall—



PART VI

MISCELLANEOUS

Export of animals to a member State
    
22. —(1) A person who exports or consigns for export to a member State, any animal, shall ensure that, in addition to any other requirement in this Order for the identification of the animal, it has attached to its left ear, in such a position as not to obscure any other tag, a blue approved eartag bearing—

    (2) Notwithstanding paragraph (1), a person shall not export to a member State—

Slaughterhouse operators
    
23. The owner or person in charge of a slaughterhouse shall—

Processing plants, collection centres and incineration plants
    
24. —(1) The operator of a processing plant, collection centre or incineration plant shall—

    (2) In this Article "collection centre" means a collection centre to which regulation 27 of the Animal By-products Regulations (Northern Ireland) 2003 applies.

Prohibition of movement
    
25. —(1) In accordance with Article 12(2) of the Council Regulation, an inspector may serve a notice on a keeper of animals on a holding prohibiting or restricting the movement of animals, or of such animals as may be specified in the notice, to or from the holding if he is satisfied that this is necessary for the enforcement of the Council Regulation or this Order.

    (2) The prohibition or restrictions imposed pursuant to a notice served under this Article shall remain in force until the notice is withdrawn.

    (3) A person shall not move or cause or permit to be moved any animals specified in a notice issued under paragraph (1) except in accordance with the conditions of an authorisation issued by the Department.

Authorisations
    
26. —(1) An authorisation, approval, notice or permission under this Order or the Council Regulation shall be in writing, may be made subject to conditions and may be amended, suspended or revoked by notice in writing at any time.

    (2) A person to whom any document specified in paragraph (1) is issued shall comply with its requirements.

Transitional and saving provisions
    
27. Notwithstanding Article 15, any record in respect of sheep or goats required to be kept by any person under the provisions of the Identification and Movement of Sheep and Goats Order (Northern Ireland) 2004[13] as in operation immediately before the commencement of this Order shall, if made on or before the commencement of this Order, be retained by him for a period of 3 years from the end of the month in which the last entry in the record was made.

Revocation
     28. The Identification and Movement of Sheep and Goats Order (Northern Ireland) 2004 is hereby revoked.



Sealed with the Official Seal of the Department of Agriculture and Rural Development on


30th November 2005.

L.S.


Liam McKibben
A senior officer of the Department of Agriculture and Rural Development


SCHEDULE 1
Article 10


SYSTEM REQUIRED BY SECTION A.5 OF THE ANNEX TO THE COUNCIL REGULATION


Animal movements
     1. —(1) Where an animal is moved from its holding of birth (other than a market) to another holding in Northern Ireland it must be identified with a green approved eartag in its left ear ("the natal tag").

    (2) Where an animal which has previously been kept on a holding is moved to a second holding the keeper of that animal shall attach a further green approved eartag to the animal's right ear within 12 months of residence on the second holding or before it leaves that holding, whichever is the earlier.

    (3) Where an animal that is already marked with any 2 eartags applied under this Order or the Council Regulation is moved to any subsequent holding the keeper—

    (4) Where the keeper of an animal discovers that the characters on an eartag attached to an animal have become illegible or that an eartag has been lost he shall, within 24 hours after the discovery,—

    (5) A person shall not move an animal from a holding for consignment from Northern Ireland if it is marked with an—

Export to Great Britain
     2. An animal consigned for export to Great Britain shall be identified, tagged and accompanied by a movement document in accordance with—

Movement of animals from England, Scotland and Wales
     3. When an animal is brought into Northern Ireland from a holding in England, Scotland or Wales, the keeper at the holding of destination must record the same information in the holding register as if the animal had been brought from a holding in Northern Ireland and "flock number" and "herd number" shall be construed as a flockmark or herdmark allocated by the competent authority in England, Scotland or Wales.

Common grazing
     4. —(1) When an animal moves on to common grazing, the keeper shall—

    (2) For the purpose of this paragraph, "common grazing" means land on which the keeper has a right of grazing in common with other proprietors.

Movement from dipping or shearing to the holding of origin
     5. When an animal leaves a holding to which it was sent for dipping or shearing to return to the holding of origin, the keeper shall—

Movement to and from a veterinary clinic
     6. —(1) Where an animal is—

the keeper shall record the indicator "UK 9" and the number of the flock or herd from which the animal was moved in the holding register.

    (2) The holding register shall be completed when the animal leaves the holding of origin and when it returns to that holding.

    (3) When an animal arrives at, or is moved from, a veterinary clinic there are no requirements to complete the holding register or a movement document and no eartag identification requirements provided the animal is returned directly to its holding of origin.

Movement to an assembly centre
     7. —(1) Where an animal is moved off a holding to an assembly centre, the keeper shall—

    (2) When the animal arrives at the assembly centre, the keeper at that centre shall record the identification number of the animal in the holding register at the assembly centre and shall endorse the movement document and return it to the Divisional Veterinary Office within 7 days of the animal's arrival at the assembly centre.



SCHEDULE 2
Articles 15(2)(a) and 17(2)


SHEEP AND GOATS (RECORDS, IDENTIFICATION AND MOVEMENT) ORDER (NORTHERN IRELAND) 2005


FLOCK REGISTER

Date of last Inventory . . . . . . . . . . . . . . . . . . . .

Results

Sheep on holding Total Ewes Total Rams Overall Total
Total lambs less than 1 year old            Total Goats                      

                                            BIRTHS MOVEMENTS OFF MOVEMENTS ON OTHERS
Date *Event code Number of sheep/goats Category of sheep and goats e.g. rams, ewes, etc. Natal tags of animals born on holding MS2 Movement

Document serial number;

Health Certificate number;

Transporter name, registration number and means of transport;

First and last numbers of the sequence of tags

MS2 Movement Document serial number or number of market dispatch document;

Flock number or market code of previous holding;

Tag numbers of animals moved on to holding if they will remain longer than 12 months.

Details of:

Total Replacement Tags;

Disposal method for dead animals e.g. National Fallen

Stock Collection Scheme;

Common Grazing;

Replacement Tag details.

                                                                                       
                                                                                       
                                                                                       
                                                                                       



SCHEDULE 3
Article 18(2)


MOVEMENT DOCUMENT


NOTIFICATION OF MOVEMENT OF SHEEP/GOATS SHEEP AND GOATS (RECORDS, IDENTIFICATION AND MOVEMENT) ORDER (NORTHERN IRELAND) 2005

F.Q.A.S. Registration Number



PART 1 Batch Size Details

EWES LAMBS RAMS GOATS TOTAL

PART 2 Sheep Identification Details

           FLOCK NUMBER BATCHES: FIRST and LAST NUMBERS IN SEQUENCE; OR INDIVIDUAL NUMBER *AGE Required for export eligibility (Y/M)            FLOCK NUMBER BATCHES: FIRST and LAST NUMBERS in SEQUENCE; OR INDIVIDUAL NUMBER *AGE Required for export eligibility (Y/M)
1                                  2                                 
3                                  4                                 

PART 3 Movement Details

3(a) From Premises of SELLER

NAME: ― FLOCK NUMBER: ―
ADDRESS: ―
NAME OF TRANSPORTER: ― MEANS OF TRANSPORT: ―
VEHICLE REGISTRATION NUMBER: ―
I declare that the above listed sheep have departed my holding on this date for the destination mentioned below and that I have complied with the relevant requirements. I also declare that to the best of my knowledge the above flock/herd has not been restricted for disease reasons.
DATE OF MOVEMENT: ― SIGNATURE OF SELLER: ―

3(b) Via Premises of: MARKET/COLLECTION CENTRE/SHOW (delete as necessary)

NAME: ― MARKET CODE/NUMBER: ―
LOT NUMBERS: ―
NAME OF TRANSPORTER: ― MEANS OF TRANSPORT: ―
VEHICLE REGISTRATION NUMBER: ―
SIGNATURE: ― DATE: ―
Market or collection Centre Operator or Show Secretary — or Official Stamp

3(c) To Premises of: BUYER/MEAT PLANT (delete as necessary)

MEAT PLANT STAMP:           
NAME (BUYER): ― FLOCK NUMBER (BUYER): ―
ADDRESS (BUYER): ―
DATE OF ARRIVAL: ―
NAME OF MEAT PLANT: ― MEAT PLANT NUMBER: ―
KILL NUMBERS: ―
The above listed sheep have been accepted for slaughter on this date.
SIGNATURE: ― DATE: ―
Buyer, Meat Plant or Representative, or Official Stamp of Meat Plant



EXPLANATORY NOTE

(This note is not part of this Order)


This Order makes provision for the administration and enforcement in Northern Ireland of Council Regulation (EC) No 21/2004 (establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64/432/EEC). It revokes and replaces the Identification and Movement of Sheep and Goats Order (Northern Ireland) 2004 (as amended).

Part I of the Order deals with the notification of holdings. Any person who keeps an animal on a holding is required to notify certain particulars to the Department. On receiving a notification, the Department may allocate a holding number and a flock or herd number (Article 3).

Part II of the Order deals with eartags. Article 5 provides that the Department will approve the design of eartags and that all eartags shall be manufactured, sold or supplied in accordance with a Departmental authorisation.

Part III of the Order deals with the identification of animals. A green approved eartag must be attached to the left ear of an animal born on or after 9th July 2005 within 9 months of birth or before the animal leaves the holding. An animal born prior to this date must be tagged before it leaves the holding (Articles 8 and 9). A system to replace the second means of identifying an animal is specified in Article 10 and Schedule 1. Provision is made for the identification of imported animals (Articles 12 and 13). The alteration or removal of any eartag, tattoo or electronic transponder is prohibited (Article 14).

Part IV of the Order makes provision for the enforcement of Article 5 of the Council Regulation (the requirement for every keeper to keep an up-to-date holding register) It provides for the format of the register as set out in Schedule 2 and specifies record keeping requirements under the Order (Articles 15 and 16). An annual inventory of animals must be conducted and the findings communicated to the Department (Article 18).

Part V of the Order makes provision for the enforcement of Article 6 of the Council Regulation (the requirement for a movement document to accompany an animal whenever it moves between holdings) and sets out the form of the movement document in Schedule 3 (Article 18). Article 19 provides for electronic notification and Article 20 specifies requirements for movement and market dispatch documents. Article 21 imposes certain obligations on market operators.

Part VI of the Order deals with miscellaneous matters. An animal exported to a member State must have a blue approved eartag attached to its left ear (Article 22). Articles 23 and 24 place obligations on the operators of slaughterhouses, processing plants, collection centres and incineration plants. Article 25 enables an inspector to prohibit or restrict the movement of animals in certain circumstances. Article 26 provides for the issue of authorisations etc under the Order and Article 27 contains transitional and saving provisions.


Notes:

[1] The Department of Agriculture for Northern Ireland was renamed the Department of Agriculture and Rural Development by Article 3(4) of the Departments Order 1999 (S.I.1999/283 (N.I. 1))back

[2] S.I.1981/1115 (N.I. 22); The relevant amendments are S.I. 1984/702 (N.I. 2) Article 17 (2) and S.I.1994/1891 (N.I. 6) Article 23 (1) and (2)back

[3] S.R. 2005 No. 78back

[4] O.J. No. L 5, 09.01.2004, p. 8back

[5] S.R. 2003 No. 495back

[6] S.R. 1997 No. 173 as amended by S.R.1998 No. 393 and revoked by S.R. 2004 No. 491back

[7] S.R. 1998 No. 393 revoked by S.R.2004 No. 491back

[8] S.R. 2004 No. 491back

[9] S.R. 1997 No. 493 as amended by S.R. 1998 No. 237, S.R. 2000 No. 78, S.R. 2000 No. 191, S.R. No. 2000 No. 287 and S.R. 2002 No. 217back

[10] S.R. 1998 No. 279 as amended by S.R. 1999 No. 324 and S.R. 2004 No. 420back

[11] S.R. 1994 No. 199back

[12] O.J. No. L 355, 05.12.92, p. 32back

[13] S.R.2004 No. 491back



ISBN 0 337 96259 6


 © Crown copyright 2005

Prepared 13 December 2005


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