European Communities (Control of Avian Influenza) Regulations 2006

• Jurisdiction: Ireland
• Year: 2006
• Citation: IR SI 701/2006

REGULATIONS
S.I. No. 701 of 2006
European Communities (Control of Avian Influenza) Regulations 2006
TABLE OF CONTENTS
PART 1 Citation and Interpretation 1. Citation 2. Interpretation PART 2 Suspected Outbreak 3. Notification of a suspected outbreak of Avian Influenza 4. Measures to be applied on holdings with a suspected outbreak 5. Derogations from certain measures to be applied on a holding with a suspected outbreak 6. Additional measures to be applied where there is a suspected outbreak 7. Measures for premises PART 3 Confirmed Outbreak of Highly Pathogenic Avian Influenza (HPAI) 8. Declaring a holding to be a holding with a confirmed outbreak of HPAI 9. Measures to be applied on holdings with a confirmed outbreak 10. Derogations concerning certain holdings 11. Measures to be applied in cases of outbreaks of HPAI in separate production units 12. Measures to be applied to a contact holding PART 4 Protection, surveillance and further restricted zones 13. Establishment of protection, surveillance and further restricted zones PART 5 Precautionary measures for protection and surveillance zones 14. Precautionary measures for both protection and surveillance zones 15. Measures to be applied in both protection and surveillance zones PART 6 Measures for Protection Zones 16. Specific measures for protection zones 17. Prohibition on the removal or spreading of used litter, manure or slurry from holdings 18. Prohibition on the movement and transport of birds, eggs, poultry meat and carcases 19. Derogations from prohibitions provided for in Regulation 18 20. Cleansing and disinfecting of means of transport 21. Duration of measures PART 7 Measures for Surveillance Zones 22. Specific measures for surveillance zones 23. Duration of measures PART 8 Further Restricted Zones 24. Measures to applied in further restricted zones PART 9 Derogations and Additional Biosecurity Measures 25. Derogations 26. Additional biosecurity measures PART 10 Measures for Premises 27. Declaring a premises to be a premises with a confirmed outbreak of HPAI 28. Measures to be applied where there is a confirmed HPAI outbreak premises 29. Specific measures to be applied in slaughterhouses 30. Specific measures to be applied in border inspection posts or means of transport 31. Additional measures to be applied to slaughterhouses, border inspection posts or means of transport PART 11 Low Pathogenic Avian Influenza (LPAI) 32. Declaring a holding to be a holding with a confirmed outbreak of LPAI 33. Measures to be applied on holdings where outbreaks of LPAI are confirmed 34. Additional Measures to be applied where LPAI is confirmed on a holding 35. Derogations for certain holdings 36. Measures to be applied in cases of outbreaks of LPAI in separate production units 37. Measures to be applied in contact holdings 38. Establishment of a restricted zone in cases of outbreaks of LPAI 39. Measures to be applied in the restricted zone 40. Duration of measures 41. Derogations 42. Declaring a premises to be a premises with a confirmed outbreak of LPAI 43. Measures to be applied when there is a confirmed LPAI outbreak premises PART 12 Cleansing, Disinfection and Repopulation 44. Cleansing and disinfection 45. Repopulation of holdings PART 13 Vaccination 46. General prohibitions of vaccination PART 14 Measures for Pigs and other Species 47. Measures concerning pigs and other species PART 15 Diagnostic Procedures, Diagnostic Manual and Reference Laboratories 48. Diagnostic procedures, diagnostic manual and reference laboratories PART 16 Compensation 49. Compensation 50. Valuers 51. Arbitration 52. Abatement of compensation PART 17 Authorised Officers, Notices, Offences, Penalties and Saver 53. Powers of authorised officer 54. Notices, directions, authorisations, derogations 55. Forgery 56. Offence 57. Penalties, etc 58. Production of notice in legal proceedings, etc 59. Revocations
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) for the purpose of giving effect to Council Directive 2005/94/EC of 20 December 2005,1 hereby make the following regulations:
PART 1 Citation and Interpretation
	Citation	1. These Regulations may be cited as the European Communities (Control of Avian Influenza) Regulations 2006.
	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 ));
“authorise” means to allow under licence or other written form;
“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 (No. 6 of 1966), or
(b) a member of the Garda Síochána or an officer of Customs and Excise;
“avian influenza” means any of the influenza infections described in Annex 1 to the Council Directive;
“Council Directive” means Council Directive 2005/94/EC of 20 December 20051 on Community measures for the control of avian influenza;
“holding” means any agricultural or other premises, including hatcheries, circuses, zoos, pet bird shops, bird markets, and aviaries, where poultry or other captive birds are being bred or kept, but does not include slaughterhouses, means of transport, quarantine facilities and centres, border inspection posts and laboratories authorised by the Minister to hold avian influenza virus;
“HPAI” means highly pathogenic avian influenza as described in Annex 1(2) to the Council Directive;
“LPAI” means low pathogenic avian influenza as described in Annex 1(3) to the Council Directive;
“Minister” means Minister for Agriculture and Food;
“official veterinarian” means an inspector of the Minister under the Diseases of Animals Act 1966 ;
“other captive bird” means any bird other than poultry or wild birds that is kept in captivity for any reason including those that are kept for shows, races, exhibitions, competitions breeding or selling;
“poultry” means all birds that are reared or kept in captivity for the production of meat or eggs for consumption, the production of other products, for restocking supplies of game birds or for the purposes of any breeding programme for the production of these categories of birds;
“premises” means any premises other than a holding and includes a slaughterhouse, a means of transport, and a border inspection post where poultry or other captive birds are kept;
“protection zone” means a protection zone established under Regulation 13(1)(a);
“Regulation 1774/2002” means Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 20022 laying down health rules concerning animal by-products not intended for human consumption;
“Regulation 852/2004” means Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 20043 on the hygiene of foodstuffs;
“Regulation 853/2004” means Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 20044 laying down specific hygiene rules for on the hygiene of foodstuffs;
“surveillance zone” means a surveillance zone established under Regulation 13(1)(b);
“further restricted zone” means a further restricted zone established under Regulation 13(2);
“restricted zone” means a restricted zone established under Regulations 38(1) or 43(1);
“temporary control zone” means a temporary control zone established under Regulation 6(1);
“wild bird” means a free-living bird which is not kept on any holding.
(2) A derogation under these Regulations may be granted by licence or otherwise.
(3) A word or expression that is used in these Regulations and is also used in the Council Directive has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Council Directive.
PART 2 Suspected Outbreak
	Notification of a suspected outbreak of Avian Influenza	3. A person in possession of or in control of poultry or any other captive bird and any other person who, by reason of an examination or otherwise, becomes aware or suspects or who should reasonably be aware that there is a suspected outbreak of avian influenza in poultry or a captive bird shall immediately notify the Minister by contacting the Department of Agriculture and Food or a local District Veterinary Office of the Department of Agriculture and Food of the suspected outbreak.
	Measures to be applied on holdings with a suspected outbreak	4. (1) Where there is a suspected outbreak of avian influenza on a holding an official veterinarian shall declare the holding with a suspected outbreak of avian influenza to be a suspected outbreak holding.
(2) A person who owns or controls poultry or any other captive bird on a suspected outbreak holding and where the presence of avian influenza has not been ruled out shall ensure that -
(a) all poultry and other captive birds are brought inside a building on the holding and kept there,
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