S.I. No. 555 of 2001

Diseases of Animals Act, 1966 (Foot-and-Mouth Disease) (Restriction on Imports from the United Kingdom) (No. 3) (Amendment) Order, 2001

I, Joe Walsh, Minister for Agriculture, Food and Rural Development, in exercise of the powers conferred on me by sections 3 and 30 of the Diseases of Animals Act, 1966 (No. 6 of 1966) (as adapted by the Agriculture and Food (Alteration of Name of Department and Title of Minister) Order, 1999 ( S.I. No. 307 of 1999 )), and for the purpose of giving effect to Commission Decision 2001/740/EC of 19 October 2001¹ as amended by Commission Decision 2001/763/EC of 30 October 2001² , Commission Decision 2001/789/EC of 12 November 2001³ and Commission Decision 2001/848/EC of 30 November 2001⁴ , hereby order as follows:-

1.   This Order may be cited as the Diseases of Animals Act, 1966 (Foot-and-Mouth Disease) (Restriction on Imports from the United Kingdom) (No. 3) (Amendment) Order, 2001.

2.   The Diseases of Animals Act, 1966 (Foot-and-Mouth Disease) (Restriction on Imports from the United Kingdom) (No. 3) Order, 2001 ( S.I. No. 490 of 2001 ) is amended by -

(a) the substitution, in Article 2(1), for the definition of “Commission Decision” of-

“’Commission Decision’ means Commission Decision 2001/740/EC of 19 October 2001 as amended by Commission Decision 2001/763/EC of 30 October 2001 and Commission Decision 2001/789/EC of 12 November 2001 and Commission Decision 2001/848/EC of 30 November 2001.”,

(b) the insertion, in Article 2(1), after the definition (inserted by this Article) of “Commission Decision” of -

“’farmed game’ means animals of a species susceptible to foot-and-mouth disease that are not considered as domestic and are not referred to in either Article 1(1) of Council Directive 64/433/EEC or Article 2(1) of Council Directive 71/118/EEC and that are farmed as domestic animals but does not include animals living within an enclosed territory in conditions similar to those enjoyed by wild game”,

(c) the insertion, in Article 2(1), after the definition of “United Kingdom” of -

“’wild game’ means animals of a species susceptible to foot-and-mouth that are not considered as domestic and are not referred to in either Article 1(1) of Council Directive 64/433/EEC or Article 2(1) of Council Directive 71/118/EEC and are not farmed game”,

(d) the deletion in paragraph (2)(e), of “or”,

(e) the insertion, for paragraph (2)(f) of Article 4, of -

“(f) of porcine animals which meat conforms with Article 2.2(d) of the Commission Decision, or

(g) of wild game which meat conforms with Article 2.2(e) of the Commission Decision.”,

(f) the substitution, for paragraph (3) of Article 4, of --

“(3)(a)  Meat to which paragraph (2)(c) applies must be clearly identified and bear --

(i)       the health mark in accordance with Chapter XI of Annex I to Council Directive 64/433/EEC on animal health problems affecting intra-Community trade in fresh meat,

(ii)      in the case of meat derived from farmed game, the health mark in accordance with Chapter III of Annex I of Council Directive 91/495/EEC, or,

(iii)      in the case of meat derived from wild game, the health mark in accordance with Chapter VII of Annex I of Council Directive 92/45/EC.

(b)  A person may not import meat under this Article unless it is accompanied by a certificate issued by an official veterinarian in the United Kingdom, that bears the words - ‘Meat conforming to Commission Decision 2001/172/EC of 1 March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom’.”, and

(g) the substitution, for Article 13, of --

“13     (1) A person shall not export a live animal to the United Kingdom.

(2) Subject to the subsequent provisions of this Article, a person shall not export a live animal to the area of limited restriction.

(3) A person may export an animal to the area of limited restriction if notice in writing has been received by the Department of Agriculture, Food and Rural Development containing the information specified in the Schedule to this Order at least five days (excluding any Saturday, Sunday or public holiday) prior to the date it is proposed to export the animal.

(4) An animal being exported under this Article may only enter the United Kingdom through a port notified in accordance with Article 13.1(b) of the Commission Decision.

(5) A group of animals may not be exported under this Article unless they are from the same holding and are consigned to a single holding situated in the area of limited restriction.

(6) A person shall not bring a vehicle used to export an animal in accordance with this Article into the State unless he or she has in his or her possession a certificate in the form prescribed in Annex IV to the Commission Decision.

(7) A person shall retain a certificate to which paragraph (6) refers for a period of two years and shall make same available for inspection on demand being made in that respect by an authorised officer.”.

Schedule

1.       Name and address of exporter.

2.       Name and address of haulier.

3.       Number, species, identification and place of origin of the animals.

4.       Registration number of vehicle in which animals are to be transported

5.       Date, time and port of intended departure.

6.       Date, time and port of entry to the United Kingdom.

7.       Ship on which animals are to be transported.

8.       Place of ultimate destination and consignee of animals.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order amends the Diseases of Animals Act, 1966 (Foot-and-Mouth Disease) (Restriction on Imports from the United Kingdom) (No. 3) Order, 2001 in accordance with recent Decisions of the Commission of the European Communities

Published by the Stationery Office, Dublin 2

¹ O.J. No. L 277 of 20.10.2001, p. 30

² O.J. No. L 287 of 31.10.2001, p. 36

³ O.J. No. L 295 of 13.11.2001, p. 25

⁴ O.J. No. L 315 of 1.12.2001, p.64.