European Communities (Avian Influenza) (Precautionary Measures) Regulations, 2008

• Jurisdiction: Ireland

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 25th January, 2008.

I, MARY COUGHLAN, Minister for Agriculture, Fisheries and Food, 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 full effect to Commission Decision 2005/734/EC of 19 October 2005 1 as amended by Commission Decision 2005/745/EC of 21 October 2005 2 , Commission Decision 2005/855/EC of 30 November 2005 3 , Commission Decision 2006/574/EC of 18 August 2006 4 ,Commission Decision 2007/105/EC of 15 February 2007 5 and Commission Decision 2007/803/EC of 6 December 2007 6 hereby make the following regulations:

Citation.

1. These Regulations may be cited as the European Communities (Avian Influenza) (Precautionary Measures) Regulations 2008.

Interpretation.

2. (1) In these Regulations—

“approved disinfectant” means a disinfectant which for the time being stands approved by the Minister in accordance with the Diseases of Animals (Disinfectants) Order 1975 ( S.I. No. 273 of 1975 ) as amended by the Diseases of Animals (Disinfectants) Order 1975 (Amendment) Order 1978 ( S.I. No. 345 of 1978 );

“authorised officer” means

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

(b) a member of the Garda Síochána, or

(c) an officer of Customs and Excise;

“avian influenza” means highly pathogenic avian influenza caused by Influenza A virus subtype H5N1;

“Commission Decision” means Commission Decision 2005/734/EC of 19 October 2005 as amended by Commission Decision 2005/745/EC of 21 October 2005, Commission Decision 2005/855/EC of 30 November 2005, Commission Decision 2006/574/EC of 18 August 2006, Commission Decision 2007/105/EC of 15 February 2007 and Commission Decision 2007/803/EC of 6 December 2007;

“Minister” means Minister for Agriculture, Fisheries and Food;

“poultry” means

(a) all birds that are reared or kept for breeding, the production of meat, eggs, or other products, for restocking supplies of game birds or for the purposes of any breeding for the production of these categories of birds, and

(b) any bird other than poultry that is kept in captivity for any reason other than those referred to in (a) and including those that are kept for shows, races, exhibitions, competitions, breeding or selling;

“premises” includes land (whether with or without buildings);

“veterinary practitioner” has the same meaning as in the Veterinary Practice Act 2005 (No. 22 of 2005);

(2) A word or expression that is used in these Regulations and 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.

Biosecurity measures in Avian Influenza High Risk Areas.

3. (1) The Minister may, by notice, having regard to the risk of the transmission of avian influenza from birds living in the wild to poultry, taking into account the criteria and risk factors set out in Annex 1 to the Commission Decision, declare all or part of the State to be at particularly high risk for the introduction of avian influenza (“avian influenza high risk area”).

(2) A person in possession of or in control of poultry located in an area that has been declared to be an avian influenza high risk area shall ensure that—

(a) poultry are kept indoors in a place that is inaccessible to wild birds (in particular waterfowl),

(b) direct and indirect contact is prevented between birds living in the wild (in particular waterfowl), and poultry and other birds, in particular ducks and geese,

(c) domestic ducks and geese are separated from other poultry,

(d) outdoor water reservoirs are not used for poultry,

(e) poultry are not provided with water from surface water reservoirs accessed by wild birds,

(f) birds of the orders of Anseriformes and Charadriiformes are not used as decoy birds during bird hunting.

(3) The bringing together of poultry at markets, shows, exhibitions and cultural events, including point-to-point races of birds, is prohibited in an area that has been declared to be an avian influenza high risk area.

(4) Notwithstanding paragraph (2), the Minister may by notice authorise some or all of the following—

(a) the keeping of poultry in the open air, provided that the poultry are supplied with feed and water indoors or under a shelter which sufficiently discourages the landing of wild birds and thereby prevents contact by wild birds with the feed or water intended for the poultry,

(b) the use of outdoor water reservoirs where they are required for animal welfare reasons for certain poultry and provided they are sufficiently screened against wild waterfowl,

(c) the provision of water to poultry from surface water accessed by wild waterfowl after treatment that ensures inactivation of the possible avian influenza virus,

(d) the use of decoy birds during bird-hunting by decoy bird holders registered with the Minister and provided that their use is undertaken in accordance with article 2(b)(1)(d) of the Commission Decision.

(5) Notwithstanding paragraph (3), the Minister may by notice authorise gatherings of poultry.

(6) The Minister may by notice amend or withdraw a notice under this Regulation.

Notification of unusual or unexplained circumstances

4. If, having regard to Annex II to the Commission Decision, the owner or person in charge of poultry that are located in an area that has been declared to be an avian influenza high risk area becomes aware of unusual or unexplained circumstances or should reasonably be aware of those circumstances, in particular—

(a) increased mortalities among his or her poultry,

(b) a drop in egg production, or

(c) a decrease in the intake of feed or water among the poultry,

he or she shall immediately notify the veterinary practitioner having clinical charge of the poultry.

Functions of authorised officer

5. (1) If an authorised officer has reasonable cause to suspect that—

(a) poultry, a carcase or the product or by-product of poultry or a vehicle or trailer used in connection with the transport of poultry are present, have been present or may be present on a premises,

(b) poultry, a carcase or the product or by-product of poultry are or have been kept, processed, stored or otherwise dealt with on a premises,

(c) equipment, plant or machinery used in connection with poultry, a carcase or the product or by-product of poultry has been, is or may be on a premises,

(d) avian influenza is or may be present on a premises, or

(e) a document relating to a thing referred to in paragraph (a), (b), (c) or (d) is present, was present or may be present on a premises,

the authorised officer may enter the premises and he or she may—

(i) search the premises,

(ii) stop a person, vehicle, vessel or container,

(iii) board and search a vehicle, vessel or container,

(iv) examine poultry, a carcase, the product or by-product of poultry, a vehicle, vessel, container, equipment, machinery, poultry house and its surroundings, water supplies or other thing,

(v) take, without payment, samples of poultry, a carcase, the product or by-product of a poultry or other thing or an article, substance or liquid as he or she may reasonably require and carry out or cause to be carried out on a sample such tests, analyses, examinations or inspections as he or she considers necessary or expedient,

(vi) require the production of a document (including a document in non-legible form in a legible form) or thing relating to poultry, a carcase, the product or by-product of poultry, a vehicle, vessel, container, equipment, machinery or other thing,

(vii) retain a document or thing (for so long as is necessary),

(viii) make a record using any means including writing, photography or video,

(ix) give a direction to, or request information of, a person regarding poultry, a carcase, the product or by-product of poultry, a vessel, vehicle, container, machinery, equipment, premises or other thing as he or she considers necessary,

(x) require the name and address of a person and the name and address of any other person including the owner of, or person to whom poultry, a carcase, the product or by-product of poultry or other thing are being delivered or who is causing it to be delivered,

(xi) require of a person the ownership, identity and origin of the poultry, carcase, the product or by-product of poultry, vessel, vehicle, container, equipment, machinery or other thing,

(xii) require a person in charge or control of a vessel, vehicle or container to refrain from moving it,

(xiii) carry out surveys or other investigations,

(xiv) mark or otherwise identify poultry or other birds, a carcase, the product or by-product of poultry, a vessel, vehicle, machinery, equipment or other thing or a sample taken under subparagraph (v).

(2) If an authorised officer has reasonable cause to suspect that—

(a) an offence is being or has been committed under these Regulations,

(b) evidence of an offence or contravention to which paragraph (a) relates may be, is or has been on a premises—

the authorised officer may, in addition to the powers exercisable by him or her under paragraph (1)—

(i) search a person, where the authorised officer considers it necessary,

(ii) seize and detain poultry, a carcase, the product or by-product of a poultry, a vessel, vehicle, container, equipment, machinery or other thing, or

(iii) dispose of, or require the owner or person in charge of or in possession of poultry, a carcase, the product or by-product of poultry or other birds or other thing to deal with or dispose of it (or any equipment, machinery, plant or other thing used in connection with, or that...