Animal Health (Trade in Salamanders) Regulations 2019

• Jurisdiction: Ireland
• Citation: IR SI 245/2019
• Year: 2019

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 7th June, 2019.

I, Michael Creed, Minister for Agriculture, Food and the Marine, in exercise of the powers conferred on me by section 36 of the Animal Health and Welfare Act 2013 (No. 15 of 2013) and for the purpose of giving effect to Commission Implementing Decision (EU) 2018/320 of 28 February 20181 , hereby make the following regulations:

Citation

1. These Regulations may be cited as the Animal Health (Trade in Salamanders) Regulations 2019.

Interpretation

2. (1) In these Regulations–

“Decision” means Commission Implementing Decision (EU) 2018/320 of 28 February 2018 on certain animal health protection measures for intra-Union trade in salamanders and the introduction into the Union of such animals in relation to the fungus Batrachochytrium salamandrivorans;

“disease (Bsal)” means Batrachochytrium salamandrivorans (Bsal);

“member state” means a member (other than the State) of the European Union.

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

Application

3. These Regulations apply to the commercial movement of salamanders–

(a) between the State and a member state, and

(b) into the State from a third country.

Import from a member state

4. (1) A person shall not import a salamander into the State from a member state unless–

(a) the salamander is accompanied by an animal health certificate relating to the salamander which complies with the model set out in Part A of Annex 1 to the Decision,

(b) the salamander comes from a population where there have been no mortalities due to, or clinical signs of, disease (Bsal),

(c) the salamander shows no clinical signs of disease (Bsal), and

(d) the salamander–

(i) is part of a consignment that consists of at least 62 salamanders which complies with Article 3 (1) (d) (i), or

(ii) has been treated against disease (Bsal) to the satisfaction of the Minister in accordance with Article 3 (1) (d) (ii)

of the Decision.

(2) A person shall not import a salamander that originated in a third country from a member state unless–

(a) the salamander is accompanied by an animal health certificate relating to the salamander which complies with the model set out in Part A of Annex 1 to the Decision,

(b) the salamander comes from a population where there have been no mortalities due to, or clinical signs of, disease (Bsal),

(c) the salamander shows no clinical signs of disease (Bsal), and

(d) the salamander was quarantined in the member state in accordance with the conditions listed in Part 1 of the Schedule.

Export to a member state

5. (1) A person shall not export a salamander to a member state unless—

(a) the salamander is accompanied by an animal health certificate relating to the salamander which complies with the model set out in Part A of Annex 1 to the Decision,

(b) the salamander comes from a population where there have been no mortalities due to, or clinical signs of, disease (Bsal),

(c) the salamander shows no clinical signs of disease (Bsal),

(d) the operator of the establishment of origin has, prior to the date of commencement of any quarantine, applied for, and been granted, registration of the establishment by the Minister under Regulation 6, and

(e) the salamander—

(i) is part of a consignment that consists of at least 62 salamanders which complies with Article 3 (1) (d) (i), or

(ii) has been treated against disease (Bsal) to the satisfaction of the Minister in accordance with Article 3 (1) (d) (ii),

of the Decision.

Import from a third country

6. A person shall not import a salamander from a third country unless—

(a) the country is listed in an act referred to in Article 4 (a) of the Decision,

(b) the salamander is accompanied by an animal health certificate relating to the salamander which complies with the model set out in Part B of Annex 1 to the Decision,

(c) the salamander has been examined by an official veterinarian within 24 hours before dispatch of the salamander from the third country, and shows no clinical signs of disease (Bsal),

(d) the salamander is accompanied by a written attestation, signed by the operator of the establishment of destination, stating—

(i) the name of the person to whom the salamanders are consigned,

(ii) the address of the establishment of destination,

(iii) that the salamander will be quarantined in that establishment,

(iv) that the establishment of destination complies with the conditions listed in Part 1 of the Schedule, and

(e) the operator of the establishment of destination has, prior to the date of commencement of quarantine of salamanders, applied for, and been granted, registration of the establishment by the Minister under Regulation 7.

Registration of establishment of destination

7. (1) The Minister may grant registration, attach conditions to registration, revoke or vary a condition, insert a new condition, withdraw registration or refuse an application.

(2) An application for registration shall be in a form, be accompanied by any material and contain any particulars that the Minister specifies.

(3) The Minister shall not consider an application for registration if the application does not contain all the material and particulars sought by the Minister or is not accompanied by the fee (if any) fixed under section 73 of the Act.

(4) Without prejudice to the generality of paragraph (1), the Minister may refuse an application, or withdraw registration, if, in the opinion of the Minister,—

(a) the applicant or person to whom registration is granted has committed an offence under the Act or under any enactment that relates to animal health or welfare,

(b) the applicant or person to whom registration is granted has failed to comply with a condition attached to registration,

(c) the applicant or person to whom registration is granted is not a fit person to hold registration,

(d) in relation to the application, information required has not been furnished or information that is false or misleading has been furnished, or

(e) it is necessary, incidental, supplementary or consequential for the purposes of giving effect or full effect to an act of the...