S.I. No. 26/2001 - European Communities (Live Poultry and Hatching Eggs) (Amendment) Regulations,2001

I, Joe, Walsh, Minister for Agriculture, Food and Rural Development, in exercise of the power conferred on me by section 3 of the European Communities Act, 1972 , (No. 27 of 1972) and for the purposes of giving effect to Council Directive No. 90/539/EEC⁽¹⁾ of 15 October, 1990, as amended by Council Directive No. 93/120/EEC⁽²⁾ of 22 December, 1993 and as last amended by Council Directive No. 1999/90/EC⁽³⁾ of 15 November, 1999, hereby make the following regulations:

1.     (1)   These Regulations may be cited as the European Communities (Live Poultry and Hatching Eggs) (Amendment) Regulations, 2001.

(2)    These Regulations shall come into operation on the 12^th day of February, 2001.

(3)    The European Communities (Live Poultry and Hatching Eggs) Regulations, 1992 ( S.I. No. 362 of 1992 ), the European Communities (Live Poultry and Hatching Eggs) (Amendment) Regulations, 1995 ( S.I. No. 45 of 1995 ) and these Regulations may be cited together as the European Communities (Live Poultry and Hatching Eggs) Regulations, 1992 and 2001.

2.     The European Communities (Live Poultry and Hatching Eggs) Regulations, 1992 (S.I. No. of 362) of 1992) are hereby amended by the substitution -

(a)    in Regulation 3 (1) for the definition of “the Council Directive” [ as amended by Regulation 2 (a) of the European Communities (Live Poultry and Hatching Eggs) (Amendment) Regulations, 1995 ( S.I. No. 45 of 1995 ) ] of the following:

“the Council Directive” means Council Directive No. 90/539/EEC⁽¹⁾ of 15 October, 1990, as amended by Council Directive No. 93/120/EEC⁽²⁾ of 22 December, 1993 and as last amended by Council Directive No. 1999/90/EC⁽³⁾ of 15 November, 1999;”;

(b)    in Regulation 4 (2) [ as amended by Regulation 2 (2) of the European Communities (Live Poultry and Hatching Eggs) (Amendment) Regulations, 1995 ( S.I. No. 45 of 1995 ) ] of the following:

“(2)      Notwithstanding the provisions of paragraph (1), a person shall not export poultry or hatching eggs, excluding consignments containing ratites or hatching eggs of ratites, comprising fewer than 20 units unless they —

(a)    comply with the provisions of Articles 11, 12 and 17 of the Council Directive;

(b)    where the Member State of destination requires for the time being additional guarantees in accordance with Articles 13 or 14 of the Council Directive, comply with the terms of such additional guarantees.”.

3.     The European Communities (Trade in Animals and Animal Products) Regulations, 1994 ( S.I. No. 289 of 1994 ) are hereby amended by the substitution in the Schedule to the Regulations for entry no. 13 of the following;

“13.   Council Directive No. 90/539/EEC⁽²¹⁾ of 15 October, 1990, as amended by Council Directive No. 93/120/EEC⁽³⁶⁾ of 22 December, 1993 and as last amended by Council Directive 1990/90/EC⁽³⁷⁾ .”.

EXPLANATORY NOTE

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

These Regulations implement Council Directive 1999/90/EC of 15 November, 1999 amending Council Directive 90/539/EEC, as amended by Council Directive 93/120/EEC of 22 December 1993 on animal health conditions governing intra-Community trade in and imports from third countries of poultry and hatching eggs.

⁽¹⁾ O.J. No. 303 of 31.10.1990, P. 6.

⁽²⁾ O.J. No. 340 of 31.12.1993, P.35.

⁽³⁾ O.J. No. 300 of 23.11.1999, P.19.

⁽¹⁾ O.J. No. 303 of 31.10.1990, P. 6.

⁽²⁾ O.J. No. 340 of 31.12.1993, P.35.

⁽³⁾ O.J. No. 300 of 23.11.1999, P.19.

⁽²¹⁾ O.J. No. L303 of 31.10.1990, P. 6.

⁽³⁶⁾ O.J. No. L340 of 31.12.1993, P. 35.

⁽³⁷⁾ O.J. No. L300 of 23.11.1999. P. 19.