The Animals (Identification, Records, Movement and Enforcement) (Amendment) Regulations (Northern Ireland) 2025

Made: 23rd January 2025

Coming into operation: 24th January 2025

The Department of Agriculture, Environment and Rural Affairs[^f00001], makes the following Regulations in exercise of the powers conferred by sections 11 and 22 of, paragraphs 11M(1), (3) and (8) of Part 1C of Schedule 2 and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 2018[^f00002].

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Animals (Identification, Records, Movement and Enforcement) (Amendment) Regulations (Northern Ireland) 2025 and come into operation on 24th January 2025.

• (2) The Interpretation Act (Northern Ireland) 1954[^f00003] applies to these Regulations as it applies to an Act of the Assembly.

Amendments to the Cattle Identification (Enforcement) Regulations (Northern Ireland) 1998

2

• (1) Amendments to the Cattle Identification (Enforcement) Regulations (Northern Ireland) 1998[^f00004] are amended as follows.

• (2) In regulation 2(1)—

• (a) for the definition of “animal”, substitute—

• “animal” means ‘bovine animal’ or ‘animal of the bovine species’ which is an animal of the species of ungulates belonging to the genera Bison, Bos (including the subgenera Bos, Bibos, Novibos, Poephagus) and Bubalus (including the subgenus Anoa) and the offspring of crossings of those species;

• (b) for the definition of “the Council Regulation”, substitute—

• “Council Regulation” means Regulation (EU) 2016/429 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’);

• (c) after the definition of “Council Regulation”, insert—

• “Commission Regulation” means Commission Delegated Regulation (EU) 2019/2035 supplementing Regulation (EU) 2016/429 as regards rules for establishments keeping terrestrial animals and hatcheries, and the traceability of certain kept terrestrial animals and hatching eggs;

• (d) for the definition of “keeper”, substitute—

• “keeper” means any person responsible for animals, whether on a permanent or on a temporary basis, including during transportation or at a market but excluding veterinary practices;

; and

• (e) for the definition of “register”, substitute—

• “register” means a register containing the records required by Article 102(1) of the Council Regulation;

• (3) In regulation 3—

• (a) for paragraph (1), substitute—

(1) Any person who contravenes any of the following provisions of the Council Regulation shall be guilty of an offence, that is to say— (a) paragraph (1)(a) and (b) of Article 102; (b) Article 102(3).

• (b) in paragraph (2), for “paragraph (1)(c)”, substitute “paragraph (1)(a)”;

• (c) in paragraph (3), for “Articles 3, 4.1, 4.2, 4d, 7.3 and 7.4 of the Council Regulation”, substitute “Articles 38, 39, 40, 41, 42 and 44 of the Commission Regulation and Articles 102(3), 104 and 111 of the Council Regulation”.

• (4) In regulation 5(1), omit “Subject to and in accordance with the second paragraph of Article 22 of the Council Regulation, ”.

Amendments to the Cattle Identification (No. 2) Regulations (Northern Ireland) 1998

3

• (1) The Cattle Identification (No. 2) Regulations (Northern Ireland) 1998[^f00005] are amended as follows.

• (2) In regulation 2(1)—

• (a) for the definition of “approved eartag”, substitute—

• “approved eartag” means an eartag which is approved by the Department for the purposes of Article 9(1) of the Commission Implementing Regulation and which complies with that provision and with Article 12 of the Commission Implementing Regulation, and with the requirements of regulations 3(3) and 4(1);

• (b) at the appropriate alphabetical place, insert—

• “Commission Delegated Regulation” means Commission Delegated Regulation (EU) 2019/2035 supplementing Regulation (EU) 2016/429 as regards rules for establishments keeping terrestrial animals and hatcheries, and the traceability of certain kept terrestrial animals and hatching eggs;
• “Commission Implementing Regulation” means Commission Implementing Regulation (EU) 2021/520 laying down rules for the application of Regulation (EU) 2016/429 with regards to the traceability of certain kept terrestrial animals;

• (c) for the definition of “the Council Regulation”, substitute—

• “Council Regulation” means Regulation (EU) 2016/429 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’);

• (d) omit the definition of “the Commission Regulation”;

• (e) omit the definition of “the Commission Regulation (EC) No. 494/98”; and

• (f) after the definition of “the Council Regulation”, insert—

• “keeper” means any person responsible for animals, whether on a permanent or on a temporary basis, including during transportation or at a market but excluding veterinary practices;

• (3) In regulation 2(4), for “or the Commission Regulation”, substitute “, the Commission Delegated Regulation or the Commission Implementing Regulation”.

• (4) In regulation 3—

• (a) in the heading, for “Article 4 of the Council Regulation”, substitute “Article 38 of the Commission Delegated Regulation and Article 13 of the Commission Implementing Regulation”;

• (b) for paragraph (1), substitute—

(1) The Department— (a) shall be the competent authority for the purposes of approving eartags for the purposes of Article 9(1) of the Commission Implementing Regulation and for the purposes of giving permission for their replacement under Article 38 of the Commission Delegated Regulation; and (b) on application from the operator of a herd, shall allocate in relation to such eartags for the animals in that herd, the unique identification codes necessary to ensure the eartags comply with Article 12 of the Commission Implementing Regulation.

• (c) in paragraph (2), for “Article 4.1 of the Council Regulation”, substitute “Article 38 of the Commission Delegated Regulation”;

• (d) for paragraph (3), substitute—

(3) Subject to paragraph (4), for the purposes of Article 13 of the Commission Implementing Regulation, the periods within which the keeper of an animal shall attach approved eartags to the animal shall— (a) in the case of an animal born in a dairy herd, be within 36 hours of the birth of the animal; (b) in the case of any other animal, be within 20 days of its birth, and in any case before the animal leaves the holding on which it was born.

• (e) omit paragraph (4); and

• (f) in paragraph (5)—

• (i) for “Article 4.1 of the Council Regulation”, substitute “Article 38 of the Commission Delegated Regulation”; and

• (ii) for “paragraph (3) or (4)”, substitute “paragraph (3)”.

• (5) For regulation 4, substitute —

(1) In accordance with Article 12 of the Commission Implementing Regulation, both of the approved eartags attached to any animal born on or after 21 April 2023 shall be inscribed with either the letters “XI” or numbers “899” and the unique number allocated in relation to the animal by the Department for that purpose. (2) The Department may authorise another material or model for second eartags to be applied to any animal in Northern Ireland provided the eartags meet the requirements in Part 1 of Annex II of the Commission Implementing Regulation.

• (6) In regulation 5—

• (a) in paragraph (1), for “Article 4a.1 of the Council Regulation”, substitute “Article 13 of the Commission Implementing Regulation”; and

• (b) in paragraph (2), for “Article 4.1 of the Council Regulation”, substitute “Article 38 of the Commission Delegated Regulation”.

• (7) In regulation 6—

• (a) in paragraph (1)(a), for “Article 4c.1 or 4d of the Council Regulation”, substitute “Article 38(1)(c) of the Commission Delegated Regulation” and omit “or”;

• (b) omit paragraph (1)(b);

• (c) in paragraph (4), for “Article 4.1 of the Council Regulation”, substitute “Article 38 of the Commission Delegated Regulation”;

• (d) omit paragraph (5);

• (e) omit paragraph (6);

• (f) in paragraph (7), for “paragraphs (3) to (6)”, substitute “paragraphs (3) or (4)”;

• (8) In regulations 7, 7A and 8, for “Article 4.1 of the Council Regulation”, substitute “Article 38 of the Commission Delegated Regulation”.

• (9) Omit regulation 8(1)(b) and the preceding “or” in regulation 8(1)(a).

• (10) For regulation 9(1) substitute—

(1) Any person who, in contravention of Article 17 of the Commission Implementing Regulation, fails to attach approved eartags to an animal imported from a third country within 20 days of the animal passing the checks specified in Regulation (EU) 2017/625 shall be guilty of an offence.

• (11) For regulation 10, substitute—

(10) (1) In accordance with Article 20 the Commission Implementing Regulation, a keeper may continue to identify animals born before 21 April 2023 using eartags approved by the Department at that time. (2) In these Regulations, any reference to an eartag includes an eartag authorised for use under this regulation. (3) Any animal identified in accordance with paragraph (1) shall, for the purposes of regulations 3, 5 to 9, or 11 to 16, be considered to have been identified in accordance with the Council Regulation, Commission Delegated Regulation and Commission Implementing Regulation. (4) Any person who does not comply with the requirements set out in the regulations referred to in paragraph (3) shall be guilty of an offence and regulation 17 shall apply accordingly. (5) The powers of inspector or officer of the Department specified in regulations 14 and 15 shall apply in respect of any animal identified in accordance with paragraph (1).

• (12) In regulation 11(1), for “Article 4.1 of the Council Regulation”, substitute “Article 38 of the Commission Delegated Regulation”.

• (13) In regulation 12(1)(a), for “Article 4.1 of the Council Regulation”, substitute “Article 38 of the Commission Delegated Regulation”.

• (14) Omit regulation 13.

• (15) In regulation 15—

• (a) for paragraph (1), substitute—

(1) An officer of the Department may serve a notice on a keeper of animals on a holding, restricting the movement of cattle to or from the holding if he is satisfied that this is necessary for the proper enforcement of the Council Regulation.

; and

• (b) for paragraph (2), substitute—

(2) Following the service of a notice in paragraph (1), an officer of the Department may, if he is satisfied that this is necessary for the proper enforcement of the Council Regulation, seize an animal and if the keeper of that animal cannot prove its identification or traceability, the Department shall order the destruction of that animal without compensation.

• (16) In regulation 16(1), in each place it occurs, for “Commission Regulation 494/98”, substitute “the Council Regulation”.

• (17) Omit the Schedule.

Amendments to the Cattle Identification (Notification of Births, Deaths and Movements) Regulations (Northern Ireland) 1999

4

• (1) The Cattle Identification (Notification of Births, Deaths and Movements) Regulations (Northern Ireland) 1999[^f00006] are amended as follows.

• (2) In regulation 2(2)—

• (a) for the definition of “animal”, substitute—

• “animal” means ‘bovine animal’ or ‘animal of the bovine species’ which is an animal of the species of ungulates belonging to the genera Bison, Bos (including the subgenera Bos, Bibos, Novibos, Poephagus) and Bubalus (including the subgenus Anoa) and the offspring of crossings of those species;

• (b) for the definition of “the Commission Regulation”, substitute—

• “Commission Regulation” means Commission Delegated Regulation (EU) 2019/2035 supplementing Regulation (EU) 2016/429 as regards rules for establishments keeping terrestrial animals and hatcheries, and the traceability of certain kept terrestrial animals and hatching eggs;

• (c) for the definition of “the Council Regulation”, substitute—

• “Council Regulation” means Regulation (EU) 2016/429 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’);

• (d) for the definition of “keeper”, substitute—

• “keeper” means any person responsible for animals, whether on a permanent or on a temporary basis, including during transportation or at a market but excluding veterinary practices;

; and

• (e) at the appropriate alphabetical place insert—

• “Commission Implementing Regulation” means Commission Implementing Regulation (EU) 2021/520 laying down rules for the application of Regulation (EU) 2016/429 with regards to the traceability of certain kept terrestrial animals;

• (3) Omit regulation 3.

• (4) In regulation 5(1), for “comply with the requirement to notify the birth, movement or death of any animal in accordance with the second indent of Article 7.1”, substitute “transmit information on the birth, movement or death of any animal to the Department in contravention of Article 112(d)”.

• (5) In regulation 6—

• (a) for “the second indent of Article 7.1 of the Council Regulation”, substitute “Article 112(d) of the Council Regulation”; and

• (b) for “Article 9 of the Commission Regulation”, substitute “Article 3.2 of the Commission Implementing Regulation”.

• (6) In regulation 7—

• (a) in paragraph (1), for “the second indent of Article 7.1 of the Council Regulation”, substitute “Article 112(d) of the Council Regulation”; and

• (b) in paragraph (2), for “Article 7.1 of the Council Regulation”, substitute “Article 112(d) of the Council Regulation”.

• (7) In regulation 8, for “the second indent of Article 7.1 of the Council Regulation”, substitute “Article 112(d) of the Council Regulation”.

• (8) Omit regulation 10.

• (9) In regulation 12(1), omit “In accordance with the second indent of Article 22.1 of the Council Regulation, ”.

Amendments to the Cattle Passport Regulations (Northern Ireland) 1999

5

• (1) The Cattle Passport Regulations (Northern Ireland) 1999[^f00007] are amended as follows.

• (2) In regulation 2(2)—

• (a) for the definition of “animal”, substitute—

• “animal” means ‘bovine animal’ or ‘animal of the bovine species’ which is an animal of the species of ungulates belonging to the genera Bison, Bos (including the subgenera Bos, Bibos, Novibos, Poephagus) and Bubalus (including the subgenus Anoa) and the offspring of crossings of those species;

• (b) for the definition of “cattle passport”, substitute—

• “cattle passport” means a document issued by the appropriate competent authority containing the information set out in Article 44 of the Commission Regulation;

• (c) after the definition of “cattle passport”, insert—

• “Commission Regulation” means Commission Delegated Regulation (EU) 2019/2035 supplementing Regulation (EU) 2016/429 as regards rules for establishments keeping terrestrial animals and hatcheries, and the traceability of certain kept terrestrial animals and hatching eggs;

• (d) for the definition of “the Council Regulation”, substitute—