Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 4th April, 2014.

I, SIMON COVENEY, Minister for Agriculture, Food and the Marine, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) for the purpose of giving further effect to Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001¹ , hereby make the following Regulations:

1. These Regulations may be cited as the European Communities (Animal Remedies) (Amendment) Regulations 2014.

2. The European Communities (Animal Remedies) (No. 2) Regulations 2007 ( S.I. No. 786 of 2007 ) are amended-

(a) in Regulation 2(1), by substituting for the definition of "veterinary prescription" the following:

"’veterinary prescription’ means-

(a) a written prescription, or

(b) a prescription issued by electronic means

(containing the information specified in Schedule 3) issued by a registered veterinary practitioner in respect of an animal under his or her care that provides for the administration of an animal remedy to the animal.",

(b) by substituting for Regulation 38(1), the following:

"38.(1) A person shall not have an animal remedy, which is designated prescription only, in his or her possession or under his or her control, unless he or she has a veterinary prescription, proof of which shall lie on him, relating to the animal remedy in his or her possession.",

(c) by substituting for Regulation 43(4), the following:

"(4) Without prejudice to Regulation 28(6), only a registered veterinary practitioner may issue a veterinary prescription which shall contain at least the particulars listed in Schedule 3 and-

(a) in the case of a paper prescription, be issued in triplicate with the original and one copy given to the owner or person in charge of the animal to be treated and a copy retained by the registered veterinary practitioner, or

(b) subject to paragraph (4A), in the case where the veterinary practitioner transmits the veterinary prescription by electronic means to the owner or person in charge of the animal, such person shall retain the prescription for the purposes of Regulation 42(3).

(4A) A registered veterinary practitioner may only issue a veterinary prescription by electronic means where he or she-

(i) supplies an animal remedy at the same time as he or she prescribes an animal remedy,

(ii) has obtained the agreement of the owner or person in charge of the animal to be treated,

(iii) endorses the veterinary prescription with the word "dispensed", and

(iv) signs the prescription electronically at the time of prescribing.",

and

(d) by substituting for Regulation 43(7)(b)(i) (as substituted by the European Communities (Animal Remedies) (Amendment) Regulations 2012 ( S.I. No. 262 of 2012 ), the following:

" (i) at that time record on the prescription and on the copy thereof in a conspicuous, legible and indelible manner, the word "dispensed" and shall attest to this by means of his or her signature and the date,".

Given under my Official Seal,

25 March 2014.

SIMON COVENEY,

Minister for Agriculture, Food and the Marine.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations update the regime governing the approval, distribution and administration of animal remedies in further implementation of Directive 2001/82 of the European Parliament and of the Council of 6 November 2001 by providing for the issuance of electronic prescriptions.

1 O.J. L 311, 28.11.2001, p.1