S.I. No. 679/2005 - European Communities (Avian Influenza) (Control on Imports from Turkey) Regulations 2005
European Communities (Avian Influenza) (Control on Imports from Turkey) Regulations 2005 | |||||
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 2005/733/EC1 of 19 October 2005, hereby make the following regulations:- | |||||
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Citation | 1. These Regulations may be cited as the European Communities (Avian Influenza) (Control on Imports from Turkey) Regulations 2005. | ||||
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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 1996), | |||||
(b) a member of the Garda Siochana, or | |||||
(c) an officer of Customs and Excise; | |||||
“Commission Decision” means Commission Decision 2005/733/EC ; | |||||
“live bird” means live poultry, a ratite, farmed and wild feathered game and a bird other than poultry, as defined in Commission Decision 2000/666/EC2 , including a bird accompanying its owner; | |||||
“Minister” means the Minister for Agriculture and Food; | |||||
“premises” includes land with or without buildings; | |||||
“Turkey” means the territory of Turkey; | |||||
“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. | |||||
(3) In these Regulations, unless the contrary intention appears, a reference to a Regulation is to a reference in these Regulations and a reference to a paragraph or sub-paragraph is to the paragraph or sub-paragraph of the provision in which the reference occurs. | |||||
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Restriction on imports | 3.(1) Subject to paragraphs 3, 4, 5, 6, 7 and 8 a person, a person, including the master or person in charge of a vehicle, shall not import a live bird or a product derived from a live bird from Turkey or cause or permit another person to import a live bird or a product derived from a live bird from Turkey. | ||||
(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 or a product derived from a live bird that has been imported in contravention of paragraph (1). | |||||
(3) 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 veterinary 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/EC3 if the consignment conforms to that provision and the veterinary certificate includes the statement specified in Article 3(3) of the Commission Decision. | |||||
(4) Paragraph (1) does not apply to feathers and parts of feathers that are following the treatment described in point 55 of Annex I to Regulation (EC No 1774/2002, no longer considered unprocessed, accompanied by a commercial document that includes the statement specified in Articles 3(1 and 3(3) of the Commission Decision. | |||||
(5) Paragraph (1) does not apply to a specimen collected from any type of bird which is safely packaged and sent directly under the responsibility of the Turkish competent authorities to an approved laboratory in a Member State for laboratory diagnosis and is accompanied by a veterinary certificate that includes the statement specified in Article 3(3) of the Commission Decision. | |||||
(6) Paragraph (1) does not apply to a product derived from a live bird complying with the conditions set up in Chapters II (C), III (C), IV (B), VI (C) and X (B of Annex VII, and Chapters II (C), VII (B) (5) and X of Annex VIII to Regulation (EC) No 1774/2002 that is accompanied by a veterinary certificate that includes the statement specified in Article 3(3) of the Commission Decision. | |||||
(7) Paragraph (1) does not apply to pasteurised egg product for human consumption in compliance with the requirements of Commission Decision 97/38/EC that is accompanied by a veterinary certificate that includes the statement specified in Article 3(3) of the Commission Decision. | |||||
(8) Paragraph (1) does not apply to processed decorative feathers, processed feathers carried by travellers for their private use or consignments of processed feathers sent to private individuals for non-industrial purposes. | |||||
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Authorised Officers | 4.(1) If an authorised officer has reasonable cause to suspect that - | ||||
(a) a live bird or a product derived from a live bird is being or may have been imported in contravention of Regulation 3, | |||||
(b) a live bird or a product derived from a live bird 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 live bird or a product derived from a live bird, | |||||
(f) 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 a product derived from a live bird as the authorised officer considers appropriate, | |||||
(vii) seize and detain (for so long as is necessary) any such a live bird or a product derived from a live bird, vehicle or container, | |||||
(viii) require the production of any relevant document or thing relating to the live bird or a product derived from a live bird 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 a product derived from a live bird 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 a product derived from a live bird 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 a product derived from a live bird, 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 a product derived from a live bird, fodder or litter or | |||||
(xiv) mark or otherwise identify a live bird or a product derived from a live bird, 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 5. | |||||
(3) An authorised officer when exercising any powers under this Regulation or Regulation 5 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. | |||||
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Search Warrant | 5. (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 birds or a product derived from a live bird, that has been, may have been or may be imported in contravention of Regulation 3, or | |||||
(b) that there is evidence of an offence under these regulations relating to any live birds or a product derived from a live bird 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. | |||||
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Obstruction | 6. A person shall not - | ||||
(a) obstruct or impede an authorised officer in the exercise of any of his or her powers under Regulation 4 or 5, | |||||
(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 4 - | |||||
(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. | |||||
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Offences | 7. (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 €3,500 or to a term of imprisonment not exceeding 6 months, or to both. | ||||
(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. | |||||
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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 2005/733/EC concerning certain protective measures with regard to live birds and products derived from live birds imported from Turkey. | |||||
Instrument No.: | |||||
Instrument Title: European Communities (Avian Influenza) (Control on Imports from Turkey) Regulations 2005 | |||||
1 OJ No. L274. 20.10.2005, p 102 |
