The legislation relevant to this case is the European Communities (Trade in Bovine Breeding Animals, their Semen, Ova and Embryos) Regulations 1996, SI 112 of 1996. Schedule E 1. (f) (iii) of SI 112 of 1996 precludes bovine semen not collected in an approved semen collection centre from intra-community trade. In addition my Department has put in place a protocol governing the on-farm collection of bovine semen which clearly states that semen collected on-farm can only be used in the herd of origin. This class of semen will not be eligible for either domestic or intercommunity trade.
A herd owner wishing to arrange for the collection of semen from his bull on-farm must make the appropriate application to my Department in accordance with the terms and conditions governing the on-farm collection of bovine semen. Condition 1(f) of these terms and conditions stipulates that semen collected on-farm is restricted for exclusive use in the herd of collection and furthermore that it must not be traded or supplied for use outside of the herd in which it was collected.
In this instance a bull belonging to the named herd owner was sold to a neighbouring herd owner who collected semen from this bull on-farm. My Department was requested to allow this semen to be used in the herd other than the herd in which it was collected. As this would be contrary to the provisions of current legislation, it would also be contrary to the protocol that is currently in force and to the terms and conditions governing the on-farm collection of bovine semen, the request was refused.