S.I. No. 71 of 2006

European Communities (Avian Influenza) (Control on Imports from Romania) 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 2005/710/EC¹ as amended by Commission Decision 2006/23/EC² of 20 January 2006 Commission Decision 2006/24/EC³ of 20 January 2006, hereby make the following regulations:-

Citation

1.   These Regulations may be cited as the European Communities (Avian Influenza) (Control on Imports from Romania) 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 poultry, ratites, farmed and wild feathered game, meat preparations and meat products consisting of or containing meat derived from an aforementioned species, raw pet food and unprocessed feed material containing any parts of the aforementioned species, eggs for human consumption, untreated game trophies from any birds and unprocessed feathers and parts of feathers;

-�Commission Decision-� means Commission Decision 2005/710/EC as amended by Commission Decision 2006/23/EC of 20 January 2006 Commission Decision 2006/24/EC of 20 January 2006;

-�live bird-� means a live poultry, ratite, farmed and wild feathered game and a hatching egg of these species;

-�Minister-� means the Minister for Agriculture and Food;

-�premises-� includes land with or without buildings;

-�Romania-� means the territory of Romania as described in Part A of the Annex to the Commission Decision;

-�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 Romania or cause or permit another person to import a live bird from Romania.

(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, 4 and 5 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 Romania as described in Part B of the Annex to the Commission Decision or cause or permit another person to import an avian product.

(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 an avian product (other than eggs for human consumption, untreated game trophies from any birds and unprocessed feathers and parts of feathers), which has been obtained from birds slaughtered before 1 August 2005 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 poultry, ratites, farmed and 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/EC⁴ if the consignment conforms to that provision.

(5)            Paragraph (1) does not apply to the import of processed feathers or parts of feathers where the commercial document accompanying the consignment states that the product has been treated with a steam current or by some other method ensuring that no pathogens are transmitted if no pathogens are present in the consignment.

Authorised Officers

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

(a)      a live bird or an avian product is being or may have been imported in contravention of Regulations 3 or 4,

(b)      a live bird or an avian product has been moved other than in accordance with a requirement, request or direction of an authorised officer under subparagraph (vii), (x), (xi), (xii) or (xiii),

(c)      a person is refusing or has refused to comply with a requirement, request or direction of an authorised officer under subparagraph (viii), (x), (xi), (xii) or (xiii),

(d)      any land or premises, vehicle or container contains or has recently contained such a live bird or an avian product,

(e)      any offence is being or has been committed under these Regulations,

the officer may -

(i)       enter and search any land, vehicle, premises or container,

(ii)      stop any person,

(iii)     board and search any vehicle or container,

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

(v)      examine an animal product, vehicle or container,

(vi)     take such specimens from a live bird or an avian product as the authorised officer considers appropriate,

(vii)    seize and detain (for so long as is necessary) any such a live bird or an avian product, vehicle or container,

(viii)    require the production of any relevant document or thing relating to the live bird or an avian product, vehicle or container,

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

(x)     dispose of, or require the owner or person in charge of or in possession of, a live bird or an avian product to dispose of it in a manner as the authorised officer sees fit,

(xi)    give directions to, or request such information of, a person regarding a live bird or an avian product, fodder, litter, vessel, vehicle, aircraft or container as he or she considers necessary,

(xii)    require the name and address of a person and the name and address of any other relevant person including the person to whom the live bird or an avian product is being delivered or who is causing it to be delivered,

(xiii)   require of the person the ownership, identity and origin of the live bird or an avian product, fodder or litter, or

(xiv)   mark or otherwise identify a live bird or an avian or a specimen taken under subparagraph (vi).

(2)      An authorised officer shall not enter, other than with the consent of the occupier, a private dwelling, unless he or she has obtained a search warrant under Regulation 6.

(3)      An authorised officer when exercising any powers under this Regulation or Regulation 6 may be accompanied by other persons and may take with him or her, or those persons may take with them, any equipment or materials to assist the officer in the exercise of those powers.

(4)      An authorised officer shall not be liable in any proceedings for anything done in the purported exercise of his or her powers under this Regulation if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.

(5)      If a member of the Garda Síochána has reasonable cause to suspect that a person has committed an offence under these Regulations, the member may without warrant arrest the person.

Search Warrant

6. (1)  If a judge of the District Court is satisfied by information on oath of an authorised officer that there are reasonable grounds for suspecting-

(a)     that there is on any land or in any premises, vehicle, vessel, aircraft or container any live bird or an avian product that has been, may have been or may be imported in contravention of Regulations 3 or 4, or

(b)     that there is evidence of an offence under these regulations relating to any live bird or an avian product therein or thereon,

the judge may issue a search warrant.

(2)     A search warrant issued under this Regulation shall be expressed and operate to authorise a named authorised officer, accompanied by such authorised officers, members of the Garda Síochána, officers of Customs and Excise and other persons as the named officer thinks necessary, at any time or times, within one month from the date of issue of the warrant, on production if so requested of the warrant, to enter (if necessary by force) the land, premises or vehicle, vessel, aircraft or container named in the warrant.

(2)     Where any premises, land or vehicle, vessel, aircraft or container is entered pursuant to a warrant issued under this Regulation, an authorised officer so entering may exercise all or any of the powers conferred on an authorised officer under these Regulations.

Obstruction

7.      A person shall not -

(a)      obstruct or impede an authorised officer in the exercise of any of his or her powers under Regulation 5 or 6,

(b)      fail, without reasonable excuse, to comply with a requirement or direction made by an authorised officer under Regulation 4, or

(c)      in purporting to give information required by an authorised officer for the performance of the officer's powers under Regulation 5 -

(i)          make a statement which he or she knows to be false in a material particular or recklessly make a statement which is false in a material particular, or

(ii)       fail to disclose any material particular.

Offences

8. (1)           A person who, by act or omission, contravenes Regulation 3 or 6, commits an offence and is liable on conviction to a fine not exceeding €5,000 or to a term of imprisonment not exceeding 6 months, or to both such fine and such imprisonment.

(2)     An offence under these Regulations may be prosecuted by the Minister

(3)     If an offence under these Regulations has been committed by a body corporate and it is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person who, when the offence was committed, was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in any such capacity, that person, as well as the body corporate, commits an offence and is liable to be proceeded against and punished as if he or she committed the first-mentioned offence.

(4)     If the affairs of a body corporate are managed by its members, paragraph (3) shall apply in relation to the acts and defaults of a member in connection with the functions of management as if such a member were a director or manager of the body corporate.

Repeals

9.                The European Communities (Avian Influenza) (Control on Imports from Romainia) Regulations 2005 ( S.I. No. 670 of 2005 ) are repealed.

EXPLANATORY NOTE

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

This Order gives effect to Commission Decision 2005/710/EC as amended by Commission Decision 2006/23/EC and Commission 2006/24/EC concerning certain protective measures introduced because of Avian Influenza affecting live poultry and poultry products imported from Romania.

¹ OJ No. L269, 14.10.2005, p 42

² OJ No. L17, 21.01.2006, p 27

³ OJ No L17, 21.01.2006, p30

⁴ OJ No. L151, 14.6.2005, p3