European Communities (Avian Influenza) (Control on Imports from Switzerland) Regulations 2006

S.I. No. 228 of 2006

European Communities (Avian Influenza) (Control on Imports from Switzerland) Regulations 2006

I, Mary Coughlan, Minister for Agriculture and Food, 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 Commission Decision 2006/265/EC1 of 31 March 2006, hereby make the following regulations:-

Citation

1. These Regulations may be cited as the European Communities (Avian Influenza (Control on Imports from Switzerland) Regulations 2006.

Interpretation

2.(1) In these Regulations —

“authorised officer” means —

(a) an authorised officer within the meaning of section 17A (inserted by section 2 of the Diseases of Animals (Amendment) Act 2001 (No. 3 of 2001) of the Diseases of Animals Act 1966 (No. 6 of 1966),

(b) a member of the Garda Siochana, or

(c) an officer of Customs and Excise;

“avian product” means fresh meat of wild feathered game, minced meat mechanically separated meat, meat preparations and meat products consisting of or containing meat derived from wild feathered game, raw pet food and unprocessed feed material containing any parts of wild feathered game and untreated game trophies from any birds;

“Commission Decision” means Commission Decision 2006/265/EC of 31 March 2006;

“live bird” means a live poultry, ratite, farmed and wild feathered game, a bird other than poultry as defined in Article 1, third indent of Commission Decision 2000/666/EC2 including birds accompanying their owners and a hatching egg of these species;

“Minister” means the Minister for Agriculture and Food;

“premises” includes land with or without buildings;

“vehicle” includes a ship, hovercraft, aircraft and offshore installation (being an offshore installation within the meaning assigned to it by section 2 (1) of the Safety, Health and Welfare (Offshore Installations) Act, 1987 (No. 18 of 1987)).

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

Restriction on imports of Live Birds

3. (1) A person, including the master or person in charge of a vehicle, shall not import a live bird, from that part of the territory of Switzerland described in the Annex to the Commission Decision or cause or permit another person to import a live bird from that part of the territory Switzerland described in the Annex to the Commission Decision.

(2) A person, including the master or person in charge of a vehicle shall not have in his or her possession or under his or her control a live bird that has been imported in contravention of paragraph (1).

Restriction on imports of Avian Products

4. (1) Subject to paragraphs 3 and 4 a person, including the master or person in charge of a vehicle, shall not import an avian product, from that part of the territory of Switzerland described in the Annex to the Commission Decision or cause or permit another person to import an avian product from that part of the territory of Switzerland described in the Annex to the Commission Decision.

(2) A person, including the master or person in charge of a vehicle shall not have in his or her possession or under his or her control an avian product that has been imported in contravention of paragraphs (1).

(3) Paragraph 1 does not apply to fresh meat of wild feathered game, minced meat mechanically separated meat, meat preparations and meat products consisting of or containing meat derived from wild feathered game, raw pet food and unprocessed feed material containing any parts of wild feathered game, which has been obtained from birds slaughtered before 1 February 2006 accompanied by a health certificate relating to the consignment that includes the statement specified in Article 1(3) of the Commission Decision.

(4) Paragraph (1) does not apply to the import of a meat product consisting of or containing meat of wild feathered game when the health certificate accompanying the consignment specifies that it has undergone a heat treatment specified at B, C or D of Part IV of Annex II to Commission Decision 2005/432/EC3 if the consignment conforms to that provision.

Authorised Officers

5. (1) An authorised officer may, for the purpose of enforcing these Regulations and the Commission Decision, exercise all or any of the powers conferred on an authorised officer under section 17A of the Diseases of Animals Act 1966 and any reference in that section to...

To continue reading

Request your trial