S.I. No. 619/2003 - Diseases of Animals Act, 1966 (African Swine Fever) (Restriction on Imports From Sardinia) Order 2003


I, Joe Walsh, Minister for Agriculture and Food, 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, Food and Rural Development (Alteration of Name of Department and Title of Minister) Order 2002 ( S.I. No. 306 of 2002 )), for the purpose of giving effect to Commission Decision 2003/514/EEC of 10 July 20031 , hereby order as follows -

1.         This Order may be cited as the Diseases of Animals Act, 1966 (African Swine Fever) (Restriction on Imports from Sardinia) Order 2003.

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 2003/514/EEC of 10 July 2003;

“pig” means an animal of the family Suidae.

 (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)   A word or expression that is used in the Commission Decision and is also used in this Order has, in this Order, the same meaning as in the Commission Decision.

3.         A person shall not import a pig from Sardinia.

4.(1)    Subject to paragraph (2), a person shall not import fresh pigmeat from Sardinia.

 (2)    A person may import fresh pigmeat from Sardinia if the fresh pigmeat-

(a)        complies with Article 2(2) and (3) of the Commission Decision, and

(b)        is accompanied by a certificate issued by an official veterinarian in Sardinia that bears the words - “Meat conforming to Commission Decision 2003/514/EC concerning health protection measures against African swine fever in Sardinia, Italy.”.

5.(1)    Subject to paragraph (2), a person shall not import a pigmeat product from Sardinia.

 (2)    A person may import a pigmeat product from Sardinia if the pigmeat product -

(a)        complies with Article 4(2) of the Commission Decision and

 (b)       is accompanied by a certificate issued by an official veterinarian in Sardinia that bears the words - “Meat products conforming to Commission Decision 2003/514/EC concerning health protection measures against African swine fever in Sardinia, Italy.”.

6.         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 3,

(b)        fresh pigmeat that has been imported in contravention of Article 4, or

(c)        a pigmeat product that has been imported in contravention of Article 5.

 

GIVEN under my Official Seal,

28 July 2003

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Joe Walsh

Minister for Agriculture and Food

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 No. 2003/514/EEC of 10 July 2003 concerning restrictions on the importation of pigs/pig products from Sardinia, Italy due to the presence of African swine fever in that country.

1 O.J. No. L 178 of 17.7.2003, p. 28.