S.I. No. 358/2001 - Diseases of Animals Act, 1966 (Classical Swine Fever) (Restriction on Imports From Spain) (No. 2) Order, 2001

The Minister for Agriculture, Food and Rural Development, in exercise of the powers conferred on him 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 )), for the purpose of giving effect to Commission Decision 2001/532/EC of 13 July 2001¹ , hereby order as follows:-

1.   This Order may be cited as the Diseases of Animals Act, 1966 (Classical Swine Fever) (Restriction on Imports from Spain) (No. 2) Order, 2001.

2.(1) In this Order —

“authorized officer” means an officer authorized 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. 2001/532/EC of 13 July 2001 concerning certain protection measures relating to classical swine fever in Spain and repealing Decision 2001/491/EC;

“pig” means an animal of the porcine species;

“restricted area” means-

(a)      the province of Lerida, the comarca of Anoia in the province of Barcelona and the comarcas of Conca de Barberi, Priorat and Rivera d'Ebre in the province of Tarragona, all in the autonomous region of Catalonia,

(b)      the comarcas of Chelva, Llira, Utiel, Requena and Torre Baja in the province of Valencia,

(c)      the comarcas of Landete, Canate and Motillodel Palancar in the province of Cuenca, and

(d)      the municipalities of Arcos de las Salinas, Torrijas and Abejeulas in the province of Tereul Binefar;

“Spain” means the Kingdom of Spain other than the restricted areas.

(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 of paragraph (1).

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

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

(a)  the pig has been on the holding from which it is dispatched since birth or for the preceding 30 days,

(b)  no pig was brought onto the holding of dispatch during the preceding 30 days

(c)  the pig is moved directly to the place of destination in a vehicle that has been sealed by an official veterinarian in Spain and does not pass through an assembly centre or have contact with other animals,

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

(e)  a minimum of 72 hours notification of the import has been received by the veterinary authority at —

(i)       the point of entry into the State,

(ii)      the District Veterinary Office in whose functional area the place of destination is situated, and

(iii)     the Department of Agriculture, Food and Rural Development, Kildare Street, Dublin 2, and

(f)  the vehicle used to transport the pig has been disinfected in accordance with Article 4 of the Commission Decision, proof of disinfection accompanies the vehicle and is made available on demand to an authorised officer.

(3) A person shall not import a pig from Spain unless the pig is accompanied by a health certificate in the form prescribed by Council Directive 64/432/EEC² issued by an official veterinarian in Spain that bears the words — ‘Animals in accordance with Commission Decision 2001/532/EC concerning certain protection measures relating to classical swine fever in Spain’.

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

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

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

(b)     accompanied by a health certificate in the form prescribed by Council Directive 90/429/EEC³ issued by an official veterinarian in Spain that bears the words — ‘Semen in accordance with Commission Decision 2001/532/EC concerning certain protection measures relating to classical swine fever in Spain’.

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

(2) A person may import the ova and embryos of swine from Spain 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 Spain that bears the words — ‘Embryos/ ova in accordance with Commission Decision 2001/532/EC concerning certain protection measures relating to classical swine fever in Spain’.

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.       It shall be the responsibility of a person proposing to import a pig under Article 4 to ensure that paragraph (2)(d) of that Article has been complied with.

9.       The Diseases of Animals Act, 1966 (Classical Swine Fever) (Restriction on Imports from Spain) Order, 2001 ( S.I. No. 323 of 2001 ) is revoked.

EXPLANATORY NOTE

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

This Order prohibits import of pigs, porcine semen and embryos of swine from certain areas of Spain (referred to as “restricted areas”) and place conditions on such imports from other parts of Spain (referred to as “Spain”).

¹ O.J. L 192 of 14.7.2001, p.24

² O.J. L 121 of 29.7.1964, 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.