S.I. No. 150/1993 - European Communities (Mutual Assistance As Regards Correct Application of Legislation on Veterinary and Zootechnical Matters) Regulations, 1993.


S.I. No. 150 of 1993.

EUROPEAN COMMUNITIES (MUTUAL ASSISTANCE AS REGARDS CORRECT APPLICATION OF LEGISLATION ON VETERINARY AND ZOOTECHNICAL MATTERS) REGULATIONS, 1993.

I, JOE WALSH, Minister for Agriculture, Food and Forestry, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive No. 89/608/EEC (1) of 21 November, 1989, hereby make the following Regulations:

(1) O.J. No. L351 of 2.12.1989, p. 34.

1. (1) These Regulations may be cited as the European Communities (Mutual Assistance as regards Correct Application of Legislation on Veterinary and Zootechnical Matters) Regulations, 1993.

(2) These Regulations shall come into operation on the 1st day of July, 1993.

2. (1) In these Regulations—

"the 1966 Act" means the Diseases of Animals Act, 1966 (No. 6 of 1966);

"another Member State" means a Member State of the European Communities other than the State;

"authorised officer" means—

(i) a person who stands for the time being appointed under Regulation 5 (1) of these Regulations,

(ii) an inspector within the meaning of the 1966 Act;

"the Commission" means the Commission of the European Communities;

"the Council Directive" means Council Directive No. 89/608/EEC of 21 November, 1989;

"the Minister" means the Minister for Agriculture, Food and Forestry.

(2) A word or expression that is used in these Regulations and is also used in the Council Directive has, unless the contrary intention appears, the meaning in these Regulations that it has in the Council Directive.

3. (1) The Minister and authorised officers may disclose to the competent authorities of another Member State or the Commission any information required to be so disclosed by virtue of the Council Directive.

(2) Notwithstanding paragraph (1) of this Regulation, information shall be communicated under this paragraph only to the extent strictly necessary to enable operations which are contrary to legislation on veterinary or zootechnical matters to be noted and shall not require the granting of assistance where to do so would be likely to prejudice public policy or any other fundamental interests of the State in which they are situated and neither the Minister nor an authorised officer shall disclose any information in pursuance of the Council Directive unless satisfied that the competent authorities of the other Member State concerned or the Commission are bound by, or have undertaken to observe, rules of confidentiality with respect to the information which are no less strict than those applying to it in the State.

4. The Minister and authorised officers may, for the purposes of carrying out functions required to be exercised by virtue of the Council Directive, exercise all or any of the functions conferred on them by—

(i) the Live Stock (Artificial Insemination) Act, 1947 (No. 32 of 1947), or regulations made thereunder;

(ii) the 1966 Act, or orders made thereunder, including orders continued in force by section 10 of the 1966 Act;

(iii) regulations made under the European Communities Act, 1972 (No. 27 of 1972);

(iv) such other Acts as confer functions on the Minister and authorised officers which are required to be exercised by virtue of the Council Directive, including orders made under such Acts or continued in force by such Acts.

5. (1) The Minister may appoint such and so many persons as he thinks fit to be authorised officers for the purposes of these Regulations.

(2) An authorised officer shall be furnished with a warrant of his appointment by the Minister as an authorised officer and when exercising any power conferred on him by these Regulations shall, if requested by any person affected, produce the warrant to that person.

6. Nothing in these Regulations shall permit the Minister or authorised officers to authorise the use of information disclosed by virtue of the Council Directive to the competent authorities of another Member State or the Commission other than for the purposes of—

(i) ensuring the correct application of the legislation on veterinary and zootechnical matters, or

(ii) its use in any legal action or proceedings referred to in Article 15 (2) of the Council Directive.

7. The Competent Authority in the State shall be the Minister for Agriculture, Food and Forestry.

GIVEN under my Official Seal, this 14th day of June, 1993.

JOE WALSH,

Minister for Agriculture, Food and Forestry.

EXPLANATORY NOTE.

These Regulations implement Council Directive 89/608/EEC of 21st November 1989 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of legislation on veterinary and zootechnical matters.

The Regulations provide that the Minister for Agriculture, Food and Forestry and officers authorised by him may disclose to the competent authorities of another Member State or the Commission any information required to be so disclosed by virtue of the Council Directive or carry out any functions required to be carried out by virtue of the Council Directive.