S.I. No. 364/2001 - Diseases of Animals Act, 1966 (Foot-And-Mouth Disease) (Import of Sheep From Northern Ireland) Order, 2001

I, Joe Walsh, Minister for Agriculture, Food and Rural Development, 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 and Food (Alteration of Name of Department and Title of Minister) Order, 1999 ( S.I. No. 307 of 1999 )), to prevent the spread of foot-and-mouth disease, hereby order as follows -

1.         This Order may be cited as the Diseases of Animals Act, 1966 (Foot-and-Mouth Disease) (Import of Sheep from Northern Ireland) Order, 2001 and shall come into operation on 30^th July, 2001.

2.(1)     In this Order —

“approved frontier post” means a frontier post specified in the schedule to this Order;

“approved market or assembly centre” has the meaning assigned in Article 2 of Council Directive 91/68/EC of 28 January 1991;

“authorised officer” means a person authorised under 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 1966);

“establishment” means an establishment approved or required to be approved under Regulation 4 of the European Communities (Fresh Meat) Regulations, 1997 ( S.I. No. 434 of 1997 ) used for or in connection with the slaughter of animals; “sell” includes offer, expose or keep for sale, invite an offer to buy, or distribute for reward and cognate words shall be construed accordingly;

“sheep” means an animal of the ovine species and, where the context so allows or permits, includes a consignment of one or more sheep;

“supply” includes give without reward.

(2)   A reference to an Article or Schedule is to an Article of, or Schedule to, this Order unless it is intended that reference to some other enactment is intended and a reference to a paragraph or sub-paragraph is to a paragraph or sub-paragraph in the provision where the reference occurs, unless it is indicated that reference to another provision is intended.

3.(1)     Subject to Article 4, a person shall not import a sheep from Northern Ireland.

(2)   A person shall not have in his or her possession or under his or her control, sell or supply a sheep that has been imported in contravention of paragraph (1).

4.(1)    A person may import a sheep from Northern Ireland if the sheep —

(a)        comes from a holding in Northern Ireland,

(b)        has never been on a holding in Great Britain since 1^st February, 2001,

(c)        is part of a consignment that comes from one holding or through an approved market or assembly centre and does not mix with or come into contact with animals from any other holding or, as the case may be, approved market or assembly centre,

(d)        bears an ear-tag as prescribed in Part 1 of the Schedule,

(e)        is consigned directly from its holding of origin or through an approved market or assembly centre for slaughter at an establishment lawfully entitled to slaughter that sheep,

(f)        is accompanied by a certificate as prescribed in Model I to Annex E of Council Directive 91/68/EEC, that bears the words specified in Article 1.3 of Commission Decision 2001/356/EC, issued by an official veterinarian in Northern Ireland who has examined the sheep,

(g)        is transported on a vehicle that has been disinfected immediately prior to loading the sheep,

(h)        is accompanied by evidence, issued by, or on behalf of, the Department of Agriculture and Rural Development for Northern Ireland, that the vehicle referred to in sub-paragraph (g) has been disinfected,

(i)        enters the State at a point specified in Part 2 of the Schedule through the approved frontier post,

(j)        moves directly through the approved frontier post to the establishment where the sheep is to be slaughtered,

(k)        does not mix or come into contact with animals within the State,

(l)        arrives at the establishment where it is to be slaughtered between the hours of 09.00 in the forenoon and 17.00 hours in the afternoon of the day on which the sheep enters the State, and

(m)        is slaughtered immediately after ante-mortem examination on the day on which it enters the establishment referred to in sub-paragraph (I).

(2)       A person who proposes to import or who imports a sheep from Northern Ireland shall not import the sheep unless a minimum of 72 hours notification of the import has been received by —

(a)       the local veterinary authority at the establishment where the sheep is to be slaughtered, and

(b)       the central veterinary authority at the Department of Agriculture, Food and Rural Development, Kildare Street, Dublin 2.

5.         The Diseases of Animals Act, 1966 (Foot-and-Mouth Disease) Restriction on Imports from the United Kingdom) (No. 2) (Amendment) Order, 2001 ( S.I. No. 277 of 2001 ) is amended by the substitution for Article 3 of —

“3.       Article 2 of this Order shall not apply to Article 3 of the Diseases of Animals Act, 1966 (Foot-and-Mouth Disease) (Restriction on Imports from the United Kingdom) (No. 2) Order, 2001 ( S.I. No. 201 of 2001 ) except in so far as the aforesaid Article 3 relates to —

(a)       porcine animals, and

(b)       ovine animals consigned directly to slaughter in accordance with the Diseases of Animals Act, 1966 (Foot-and-Mouth Disease) (Import of Sheep from Northern Ireland) Order, 2001 (S.I. No. of 2001).”.

SCHEDULE

Part 1

A secure ear-tag on which shall be printed, in letters that are clearly legible, the unique identifier allocated to the flock of origin of the sheep by the Department of Agriculture and Rural Development for Northern Ireland and an individual number unique to the sheep.

Part 2

1.         Lifford, Co. Donegal having entered the State across the bridge over the River Foyle between Lifford and Strabane.

2.         Swanlinbar, Co. Cavan having entered the State along the road known as the N 87.

3.         Moybridge, Co. Monaghan having entered the State along the road known as the N2.

4.         Drumad, Co. Louth having entered the State along the road known as the N1.

Explanatory Note

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

The effect of this Order is to permit the import of sheep for slaughter from Northern Ireland under certain conditions.