S.I. No.287of 2002

Diseases of Animals Act, 1966 (Classical Swine Fever) (Restriction on Imports from Germany) (No. 2) Order 2002

I, Joe Walsh, Minister for Agriculture, Food and Rural Development, in exercise of the powers conferred on me by sections 3 and 30 of 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 )), for the purpose of giving effect to Commission Decision 2002/383/EC of 23 May 2002¹ (to the extent that the Commission Decision relates to Germany), hereby order as follows -

1.         This Order may be cited as the Diseases of Animals Act, 1966 (Classical Swine Fever) (Restriction on Imports from Germany) (No. 2) Order 2002.

2.(1)     In this Order --

“authorised officer” means an officer authorised pursuant to section 17A (inserted by section 2 of the Diseases of Animals (Amendment) Act 2001 ( No. 2 of 2001 )) of the Diseases of Animals Act 1966 (No. 6 of 1966);

“Commission Decision” means Commission Decision No. 2002/383/EC of 23 May 2002 concerning certain protection measures relating to classical swine fever in France, Germany and Luxembourg and repealing Decision 2002/302/EC (to the extent that the Commission Decision relates to Germany),;

“pig” means an animal of the porcine species;

“restricted area” means --

(a)        that part of Rhineland-Palatinate that does not lie eastwards of the river Rhine,

(b)        in the Kreise Merzig- Wadern, Mettlach, Merzig, Beckengin, Losheim, Weiskirchen and Wadern, all in Saarland,

(c)        in the Kreise Saarlouis, Dillingen, Bous, Ensdorf, Schwalbach, Saarwellingen, Nalbach, Lebach, Schmelz and Saarlouis, all in Saarland,

(d)        in the Kreise Sankt Wendel, Nonnweiler, Nohfelden and Tholey, all in Saarland, and

(e)        the Gemeinde of Dahlem, Blankenheim, Bad Muenstereifel and Stadt Euskirchen, all in North Rhine-Westfalia.

“Germany” means Germany other than the restricted area.

(2)    A reference to an Article is to an Article of this Order unless it is indicated that reference to some other provision is intended and a reference to a paragraph is to a paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

3.(1)     A person shall not import a pig, porcine semen or the ova or embryos of swine from the restricted area.

(2)      A person shall not have in his or her possession or under his or her control, sell or supply a pig, porcine semen or the ova or embryos of swine that have been imported in contravention or paragraph (1).

4.(1)     Subject to paragraph (2), a person shall not import a pig from Germany.

(2)      Subject to paragraph (3), a person may import a pig from Germany if -

(a)      no pig was brought into the holding of dispatch from the restricted area during the preceding 30 days, and

(b)      in the case of transit through the restricted area, the pig has been moved directly through the restricted area on main roads or railways without stopping.

(3)      A person shall not import a pig from Germany unless the pig is accompanied by a health certificate in the form prescribed by Council Directive 64/432/EEC² issued by any official veterinarian in Germany that bears the words -- “Animals in accordance with Commission Decision 2002/383/EC 23 May 2002 concerning certain protection measures relating to classical swine fever in France, Germany and Luxembourg and repealing Decision 2002/302/EC”.

5.(1)     Subject to paragraph (2), a person shall not import porcine semen from Germany.

(2)      A person may import porcine semen from Germany if the semen is-

(a)      derived from boars kept at a collection centre in Germany and

(b)      accompanied by a health certificate in the form prescribed by Council Directive 90/429/EEC³ issued by an official veterinarian in Germany that bears the words -- “Semen in accordance with Commission Decision 2002/383/EC 23 May 2002 concerning certain protection measures relating to classical swine fever in France, Germany and Luxembourg and repealing Decision 2002/302/EC”.

6.(1)     Subject to paragraph (2), a person shall not import the ova or embryos of swine from Germany.

(2)      A person may import the ova and embryos of swine from Germany if the ova or embryos are accompanied by a health certificate in the form prescribed by Council Directive 95/483/EEC⁴ issued by an official veterinarian in Germany that bears the words -- “Embroyos/ova in accordance with Commission Decision 2002/383/EC 23 May 2002 concerning certain protection measures relating to classical swine fever in France, Germany and Luxembourg and repealing Decision 2002/302/EC”.

7.         A person shall not have in his or her possession or under his or her control sell or supply --

(a)      a pig that has been imported in contravention of Article 4,

(b)      porcine semen that has been imported in contravention of Article 5, or

(c)      the ova or embryos of swine that have been imported in contravention of Article 6.

8.         The Diseases of Animals Act, 1966 (Classical Swine Fever) (Restriction on Imports from Germany) Order 2002 ( S.I. No. 190 of 2002 ).

EXPLANATORY NOTE

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

This Order implements restrictions on certain imports from designated areas of Germany due to the presence of Classical Swine Fever in that country.

Published by the Stationery Office, Dublin 2

¹ O.J. L. 136 of 24.5.2002, p. 22

² O.J. L. 121 of 29.7.2964, p 1977/64.

³ O.J. L. 224 of 18.8.1990, p. 62.

⁴ O.J. L. 275 of 18.11.1995, p.30.