Statutory Rules of Northern Ireland

" "Schedule 5"".

" (c) it is accompanied by the original animal health certificate issued in accordance with Article 5(e) of the Commission Regulation (EC) No. 318/2007.".

(b) at paragraph (2), substitute—

(a) the captive bird is conveyed from the border inspection post referred to in paragraph (1) to an approved quarantine centre or approved quarantine facility in accordance with Article 7 of Commission Regulation (EC) No. 318/2007(which provides for the direct transport of birds to approved quarantine facilities or centres); and

(b) the captive bird is placed and remains in quarantine at that approved quarantine centre or approved quarantine facility in accordance with Article 11(1) of Commission Regulation (EC) No. 318/2007 (which requires birds to be quarantined for at least 30 days).".

(a) ensure that the quarantine centre or quarantine facility is maintained and operated in accordance with—


(i) the minimum conditions in Chapter 1 of Annex IV to Commission Regulation (EC) No. 318/2007 (requirements as to construction and equipment);

(ii) paragraph (1)(a) and (c) of Chapter 2 of that Annex (management requirements); and

(iii) any other conditions attached to an approval granted under this regulation;



(b) provide such information to the Department as the latter may request to enable it to comply with Article 17(2) of Commission Regulation (EC) No. 318/2007 (requiring annual reports from member States to the European Commission as to the number of imported birds, mortality rates and confirmed cases of disease);

(c) provide such assistance to any veterinary inspector carrying out the functions of the official veterinary surgeon under Commission Regulation (EC) No. 318/2007 as that veterinary inspector may reasonably require.

    (4) In relation to any consignment of captive birds placed in quarantine pursuant to Article 11(1) of Commission Regulation (EC) No. 318/2007, the quarantine manager shall—

(a) ensure compliance with the following Articles of that Commission Regulation—


(i) 10(1)(b) (requiring notification of the arrival of a consignment at the quarantine centre or quarantine facility);

(ii) 11(1) (period of quarantine);

(iii) 12(2) and (3) (imposing requirements in relation to the use of sentinel birds); and

(iv) 15 (requiring action where Chlamydophyla psittaci is suspected);



(b) ensure there is surveillance of the captive birds during their quarantine which is adequate for the purposes of that Commission Regulation, and consult with and seek the supervision of a veterinary inspector in respect of any analyses or treatments required under that Commission Regulation;

(c) ensure compliance with the management requirements in paragraphs 2 to 10, and 12 to 15 of Chapter 2 of Annex IV to that Commission Regulation;

(d) where any captive bird or sentinel bird dies during quarantine, make its carcase available to the veterinary inspector for examination in the official laboratory.

    (5) A person may not—

(a) contravene any requirement in paragraphs 4 to 6 of Chapter 2 of Annex IV to Commission Regulation (EC) No. 318/2007 (management requirements for the operation of approved quarantine centres and quarantine facilities);

(b) in relation to a captive bird or a sentinel bird which dies during quarantine, remove or dispose of its carcase during the quarantine of captive birds, unless he is authorised to do so by an inspector;

(c) release captive birds in breach of Article 16 of Commission Regulation (EC) No. 318/2007 (requiring written authorisation by the official veterinary surgeon for the release of birds from quarantine).

    (6) A person is unauthorised for the purpose of paragraph 4 of Chapter 2 of Annex IV to Commission Regulation (EC) No 318/2007 (which prohibits unauthorised persons from entering quarantine centres and quarantine facilities), unless, in relation to a quarantine centre or quarantine facility—

(a) he is the quarantine manager;

(b) he is a member of staff who enters with the authority of the quarantine manager;

(c) he has been authorised to enter by the Department or by a veterinary inspector; or

(d) he otherwise enters in fulfilment of a statutory function in relation to animal health, animal welfare or species conservation which he is appointed by the Department to perform.

    (7) In so far as not provided for under regulation 29, an inspector in the case of sub-paragraphs (a) and (b), and a veterinary inspector in the case of sub-paragraph (c) may in relation to the quarantine of captive birds—

(a) enter a quarantine centre or quarantine facility to check compliance with these Regulations or with an approval granted under this regulation, or to assess whether it is appropriate to grant such an approval;

(b) inspect and arrange for copies to be taken of any documents or records (including those in electronic form) which he reasonably considers relevant for checking compliance as described in sub-paragraph (a); and

(c) take samples and carry out official veterinary supervision.

    (8) An inspector exercising powers under this regulation shall produce, if required to do so, some duly authenticated document showing his authority to exercise those powers.

    (9) The importer of a captive bird shall meet the costs of sampling undertaken during the captive bird's quarantine and shall pay the charges of the official laboratory for testing and analysis of samples (including the post mortem removal of tissue for testing) required under Articles 12(1), 13 (1) and (2) and 14 of Commission Regulation (EC) No. 318/2007 or undertaken in connection with reaching a suspected or confirmed diagnosis of Chlamydia psittaci referred to in Article 15 of that Commission Regulation as that laboratory may demand in writing in accordance with paragraphs (10) and, as the case may be, (11) of this regulation.

    (10) For the purposes of sampling and testing required under or in connection with Commission Regulation (EC) No. 318/2007, the Agri-food and Biosciences Institute is designated the official laboratory and may make a charge for carrying out such sampling and testing.

    (11) A demand for payment of charges made by the Agri-food and Biosciences Institute under this regulation may be addressed to the importer concerned at his last known address, whether or not it is his address for business.

    (12) In this regulation and Schedule 7—

(a) "official veterinary supervision" means the functions of the official veterinary surgeon under Commission Regulation (EC) No. 318/2007 in relation to a consignment of captive birds to which Article 11(1) of that Commission Regulation applies;

(b) "quarantine manager" means the person in charge of a quarantine centre or quarantine facility for which approval is required pursuant to Article 11 of Commission Regulation (EC) No. 318/2007;

(c) references to sampling and the taking of samples are to the taking of samples required under that Commission Regulation, or which are taken for purposes of reaching a suspected or confirmed diagnosis of Chlamydophyla psittaci.".

(a) shall take or require to be taken, the action required under Article 13(1) and (2) of Commission Regulation (EC) No. 318/2007 in relation to avian influenza or Newcastle disease suspected at a quarantine centre or quarantine facility where captive birds are quarantined, imposing such restrictions as are required by that Article;

(b) shall, where the Department grants a derogation provided for in Article 14 of that Commission Regulation (relating to findings of low pathogenic avian influenza or Newcastle disease), take or require to be taken such further measures and impose such restrictions as are required under Article 14;

(c) who requires action to be taken by, or imposes restrictions upon, a quarantine manager or other person under this paragraph, shall do so by serving notice specifying the action or restrictions to be taken or observed.

    (3) In the event of non-compliance by a quarantine manager with Article 15 of Commission Regulation (EC) No. 318/2007 (requiring treatment of birds suspected of infection with Chlamydophyla psittaci), an inspector may treat the captive birds concerned, or cause them to be treated, as required by Article 15, and shall serve notice extending the period of quarantine required under Commission Regulation (EC) No. 318/2007.".

(a) regulation 5(9);

(b) regulation 17(9);

(c) paragraph 6 of Part I of Schedule 3; and

(d) paragraph 2 of Part I of Schedule 4;"

" The whole Order except that Article 4 shall continue to apply to all birds (including domestic fowl) and their hatching eggs other than—

(a) those subject to the provisions of Council Directive 90/539/EEC (excluding domestic fowl);

(b) those birds and their hatching eggs traded within the Community which are subject to the provisions of Council Directive 92/65; and

(c) captive birds whose import is provided for in Article 4 of Commission Regulation (EC) No. 318/2007.".

(a) may, if it is satisfied in all the circumstances that it is appropriate to do so, grant to a quarantine manager an approval in respect of a quarantine centre or a quarantine facility for which the quarantine manager has charge and which at least meets the minimum conditions set out in Annex IV to Commission Regulation (EC) No. 318/2007;

(b) shall comply with Chapter 3 of that Annex in relation to the suspension, revocation or reinstatement of such an approval.

     2. The Department shall give reasons in writing—

(a) for refusing an application for an approval;

(b) for attaching conditions to an approval.

     3. Notice of a revocation or suspension of an approval shall—

(a) take effect when it is served, unless otherwise stated in the notice;

(b) state—


(i) the reasons for the revocation or suspension, and

(ii) the time and date when it is to take effect;



(c) be served upon the quarantine manager—



(i) in person, or by leaving it at the quarantine centre or quarantine facility concerned, or

(ii) by post addressed to the quarantine manager at the quarantine centre or quarantine facility concerned, in which case it shall be deemed to be served at noon on the second day after posting it; and



(d) be copied to the importer, and so far as is practicable, if the importer is not the owner of the birds concerned, to the owner, of captive birds kept at the quarantine centre or quarantine facility at the date the revocation or suspension is to take effect.

     4. Where an approval is revoked or is to be revoked and the continuation of quarantine at the quarantine centre or quarantine facility concerned would in the opinion of a veterinary inspector cause a significant public or animal health risk, he may issue directions by notice as to the movement or disposal of birds held in quarantine at the time the notice of revocation is stated to take effect, and such notice shall be served and copied to any importer and owner concerned as if it were a notice to which paragraph 3(c) and (d) applied.