European
Communities Legislation (Implementation) (Cattle Identification) (Jersey)
Regulations 2002
THE STATES, in pursuance of Article 2
of the European Communities Legislation
(Implementation) (Jersey) Law 1996,
have made the following Regulations –
Commencement [see endnotes]
PART 1
INTRODUCTION
1 Interpretation
(1) In
these Regulations –
“cattle” means
bovine animals;
“cattle passport”
means a document containing the information set out in Article 6.1 of
Commission Regulation (EC) No. 911/2004 issued by the Minister;
“Council Regulation”
means Council Regulation (EC) No. 1760/2000 (establishing a system for the
identification and registration of bovine animals and regarding the labelling
of beef and beef products and repealing Council Regulation (EC)
No. 820/97);
“holding”, in
respect of cattle, means an establishment, construction or, in the case of an
open-air farm, a place where the cattle are kept;
“inspector”
means a person appointed to be an inspector for the purposes of these Regulations
by the Minister;
“keeper”, in
respect of cattle, means the person responsible for the cattle, whether on a
permanent or on a temporary basis, but does not include the operator of the
slaughterhouse;
“Minister”
means the Minister for the Environment[1].[2]
(2) An
approval, licence or notice issued under these Regulations, the Council Regulation
or Commission Regulation (EC) No. 911/2004 –
(a) must
be in writing;
(b) may
be made subject to conditions; and
(c) may
be amended or revoked by notice in writing at any time.[3]
(3) In
these Regulations a reference to an EU instrument is to be read as a reference
to that EU instrument as amended from time to time.[4]
PART 2
EARTAGS
2 Enforcement
of Article 4 of the Council Regulation (eartags)
(1) The
Minister is the competent authority for the purposes of approving eartags for
the purposes of Article 4.1 of the Council Regulation.
(2) Accordingly
the Minister must allocate unique identification codes for the purposes of that
Article that conform with the paragraphs 1 and 2 of Article 1 of
Commission Regulation (EC) No. 911/2004.[5]
(3) The
person responsible for identifying cattle by means of an eartag applied to each
ear in accordance with Article 4.1 of the Council Regulation is their
keeper.
(4) In
accordance with Article 4.2 of the Council Regulation the keeper must
apply an eartag to an animal within 36 hours of its birth and a further eartag
to the animal’s other ear within 20 days of its birth.
(5) A
person who fails to comply with the requirement in Article 4.1 of the
Council Regulation to apply an eartag within the period specified in paragraph (4)
shall be guilty of an offence and liable to a fine of level 3 on the standard
scale.[6]
3 Form
of eartags
(1) An
eartag applied under these Regulations must be of a type approved by the Minister.
(2) In
accordance with paragraphs 1 and 2 of Article 1 of Commission Regulation
(EC) No. 911/2004, both eartags must bear –
(a) the
logo specified in Schedule 1;
(b) the
letter “UK”; and
(c) the
unique number allocated by the Minister.[7]
(3) Each
of the 2 parts of an eartag must bear the same information.
(4) The
power in Article 4 of Commission Regulation (EC) No. 911/2004 (a power to
choose other material or model for the second eartag) may be exercised by the Minister.[8]
4 Movement
from a holding
A person who moves an animal from a holding in breach of the third paragraph
of Article 4.2 of the Council Regulation (animal to be tagged within
certain time and in any case before it is moved from the holding on which it
was born) shall be guilty of an offence and liable to a fine of level 3 on the
standard scale.[9]
5 Replacement
eartags
(1) The
Minister is the competent authority for the purposes of Article 4.5 of the
Council Regulations.
(2) A
person who removes or replaces an eartag in contravention of Article 4.4 or
4.5 of the Council Regulation shall be guilty of an offence and liable to a
fine of level 3 on the standard scale.[10]
(3) If
the keeper of cattle discovers that an eartag applied under these Regulations to
one of the animals has become illegible or been lost the keeper must replace it
with an eartag of the same type and bearing the same number within 28 days of
the discovery.
(4) A
person who fails to comply with paragraph (3) shall be guilty of an
offence and liable to a fine of level 3 on the standard scale.[11]
6 Eartags
missing at a slaughterhouse
(1) The
operator of the slaughterhouse must not, except with the approval of the
Minister, slaughter for human consumption an animal that should, in accordance
with these Regulations, be tagged with 2 eartags if it has only one eartag.
(2) The
operator of the slaughterhouse must not slaughter for human consumption an
animal that should, in accordance with these Regulations, be tagged with 1 or 2
eartags if it has no eartags.
(3) The
operator must instead seek the directions of the Minister and then act in
accordance with those directions.
7 Community
trade
(1) A
person must not consign cattle to a destination within the European Union unless
each animal is tagged in each ear with an eartag approved by the Minister in
accordance with Article 4.1 of the Council Regulation.
(2) A
person who contravenes paragraph (1) shall be guilty of an offence and
liable to a fine of level 3 on the standard scale.[12]
8 Alteration
and storage of eartags
(1) A
person must not alter, obliterate or deface the information on an eartag
approved under Article 4.1 of the Council Regulation
(2) A
person who contravenes paragraph (1) shall be guilty of an offence and
liable to a fine of level 3 on the standard scale.[13]
(3) A
person who has possession of unused eartags issued for the purposes of these Regulations
must keep them in a secure place.
(4) A
person who fails to comply with paragraph (3) shall be guilty of an
offence and liable to a fine of level 3 on the standard scale.[14]
PART 3
CATTLE PASSPORTS
9 Certain
cattle to have passports
(1) This
Regulation applies to cattle born in Jersey after the commencement of these Regulations.
(2) A
person must not export cattle to a destination within the European Union unless
a cattle passport has been issued in respect of each animal.
(3) A
person who fails to comply with paragraph (2) shall be guilty of an
offence and liable to a fine of level 3 on the standard scale.[15]
(4) A
person who transports cattle to a destination within the European Union must
ensure that each animal is accompanied by its cattle passport.
(5) A
person who fails to comply with paragraph (4) shall be guilty of an
offence and liable to a fine of level 3 on the standard scale.[16]
(6) A
cattle passport issued in accordance with these Regulations remains the
property of the Minister and must be produced or surrendered to the Minister upon
demand.
(7) A
person who fails to comply with a demand made in accordance with paragraph (6)
shall be guilty of an offence and liable to a fine of level 3 on the standard
scale.[17]
10 Application
for a cattle passport
(1) An
application for a cattle passport must be made to the Minister on a form provided
or approved for the purpose by the Minister.
(2) If
a cattle passport is lost, stolen or destroyed, the keeper of the animal to
which the passport relates must notify the Minister within 14 days of becoming
aware of the fact.
(3) A
person who fails to comply with paragraph (2) shall be guilty of an
offence and liable to a fine of level 3 on the standard scale.[18]
(4) If
the Minister is satisfied that a cattle passport has been lost, stolen or
destroyed it may provide a replacement.
(5) If
a person who has obtained a replacement cattle passport subsequently finds the
original, the person must, within 7 days of doing so, notify the Minister and send
the original passport to the Minister.
(6) A
person who fails to comply with paragraph (5) shall be guilty of an
offence and liable to a fine of level 3 on the standard scale.[19]
11 Alterations
(1) A
person must not alter or deface the information contained in a cattle passport.
(2) A
person who contravenes paragraph (1) shall be guilty of an offence and
liable to imprisonment for a term of 12 months and to a fine of
level 3 on the standard scale.[20]
PART 4
RECORDS
12 Records
(1) A
person who contravenes or fails to comply with any of the following provisions
of the Council Regulation or, in the case of a register, fails to complete and
keep that register in accordance with this Regulation, shall be guilty of an
offence and liable to a fine of level 3 on the standard scale –
(a) Article 7.1;
(b) Article 7.3;
(c) Article 7.4.[21]
(2) The
period for the purpose of Article 7.1, second indent, is 7 days of the
movement of the animal to or from a holding, or of the birth or death of the
animal.
(3) The
Minister is the competent authority for the purposes of Article 7 of the
Council Regulation.
(4) For
the purposes of Article 7.4 of the Council Regulation, the register must
be substantially in the form set out in Schedule 2 to these Regulations.
(5) It
must contain the information specified in Article 8 of Commission Regulation
(EC) No. 911/2004.[22]
(6) It
must be completed at the following times –
(a) in
the case of the movement of an animal on or off a holding, within 36 hours of
the movement;
(b) in
the case of the birth of an animal, within 7 days of the birth;
(c) in
the case of the death of an animal, within 7 days of the death.
(7) For
the purposes of Article 7.4 of the Council Regulation, the register under paragraph (3)
must be kept for 10 years from the end of the year in which the last entry was
made in it.
PART 5
GENERAL
13 Powers
of inspectors
(1) An
inspector on producing, if required to do so, his or her document of
appointment, may enter land or premises to ascertain if there is or has been a
contravention of these Regulations.
(2) An
inspector may carry out all checks and examinations necessary to enforce Title
I of the Council Regulation and Commission Regulation (EC) No. 911/2004.[23]
(3) In
particular an Inspector may –
(a) collect,
pen and inspect cattle, or require their keeper to do so;
(b) examine
a record relating to these Regulations in whatever form it is and take a copy
of it;
(c) remove
and retain a document or record relating to these Regulations;
(d) access
a computer used to store a record relating to these Regulations and require a person
concerned with the operation of the computer to provide the inspector with any
assistance the inspector may require to do so;
(e) require
a person concerned with the operation of a computer to produce in a form in
which it may be taken away a record relating to these Regulations that is
stored on the computer;
(f) require
a person to produce any unused eartags the person may have and record their
numbers.
(4) When
carrying out a function under this Regulation the Inspector may take with him or
her any person the Inspector considers necessary for the enforcement of these Regulations.
(5) A
person who –
(a) hinders
or obstructs an Inspector or other person carrying out a function under this Regulation;
or
(b) fails
to comply with a requirement made in accordance with paragraph (3),
shall be guilty of an offence and liable to a fine of level 3 on the
standard scale.[24]
(6) In
this Regulation “premises” includes any place, installation,
vehicle, ship, vessel, boat, craft, hovercraft or aircraft but does not include
domestic premises not being used in connection with these Regulations.
14 Powers
to restrict movements
(1) An
inspector, acting in accordance with the second paragraph of Article 22 of
the Council Regulation, may serve a notice on a keeper of cattle on a holding
restricting their movement from the holding if the inspector is satisfied that it
is necessary to do so for the proper enforcement of that Regulation or
Commission Regulation (EC) No. 911/2004.[25]
(2) A
person who fails to comply with a notice served on the person in accordance
with paragraph (1) shall be guilty of an offence and liable to a fine.
15 False
information
(1) A
person must not provide information for any purpose of these Regulations that the
person knows to be false or misleading.
(2) A
person who contravenes paragraph (1) shall be guilty of an offence and
liable to imprisonment for a term of 12 months and to a fine of
level 3 on the standard scale.[26]
16 Offences
by bodies corporate
(1) If
a body corporate is guilty of an offence under these Regulations, and the
offence is proved to have been committed with the consent or connivance of, or
to have been attributable to neglect on the part of –
(a) a
director, manager, secretary or other similar officer of the body corporate; or
(b) a
person who was purporting to act in any such capacity,
he or she, as well as the body corporate, shall be guilty of the
offence and be liable to be proceeded against and punished accordingly.
(2) For
the purposes of paragraph (1), “director” in relation to a
body corporate whose affairs are managed by its members, means a member of the
body corporate.
(3) A
person who aids, abets, counsels or procures the commission of an offence under
these Regulations shall also be guilty of the offence and liable in the same
manner as a principal offender to the penalty provided for that offence.
17 Citation
These Regulations may be
cited as the European Communities Legislation (Implementation) (Cattle
Identification) (Jersey) Regulations 2002.