The EU legal basis for the TB and Brucellosis schemes is primarily Directive 64/432/EEC, which governs trade of bovine animals. Other EU legislation which includes provisions relating to these diseases are Directives 64/433/EEC, 92/46/EEC, Regulation No. 2004/853/EC and legislation governing Community co-financing of eradication programmes (Directive 77/391/EEC and Decision 90/424/EEC) and amendments updating such legislation.
Directive 64/432/EEC provides, inter alia, that all animals are subject to test at intervals determined by the national disease level. At current disease levels in Ireland, all herds and all eligible animals must be tested annually. In the case of TB, eligible animals include all bovine animals on the holding, with the exception of calves under 6 weeks which were born on the holding. For Brucellosis, eligible animals are all female bovines and bulls over 12 months of age.
With regard to national legislation, the provisions governing TB and Brucellosis testing are contained in the 1966 Diseases of Animals Act (as amended) and in Orders made under the Act. The principal Order in relation to TB is the Bovine Tuberculosis (Attestation of the State and General Provisions) Order 1989, (S.I. No. 308 of 1989). In the case of TB, eligible animals being moved out of a herd must have passed a TB test within the previous 12 months in accordance with Article 17 of the Bovine Tuberculosis (Attestation of the State and General Provisions) Order 1989, (S.I. No. 308 of 1989) as amended by Article 7 of the Bovine Tuberculosis (Attestation of the State and General Provisions) (Amendment) Order 1996 (S. I. No. 85 of 1996). With regard to Brucellosis, the principal Order is the Brucellosis in Cattle (General Provisions) Order 1991 (S.I. No. 114 of 1991). Brucellosis eligible animals being moved out of a herd, other than directly to premises at which they are to be slaughtered, must have passed a Brucellosis test in accordance with Article 18 (2) of the Brucellosis in Cattle (General Provisions) Order 1991, (S.I. No. 114 of 1991) (as amended by Article 2 of the Brucellosis in Cattle (General Provisions) (Amendment) Order, 1998 (S.I. No. 39 of 1998) within the previous 30 days.