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S.I. No. 465/2003 - Diseases of Animals (Protection of Animals During Transport) (Amendment) Order 2003

I, JOE WALSH, Minister for Agriculture and Food, in exercise of the powers conferred on me by sections 3 , 28 , 29 and 30 of the Disease 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 ) and for the purpose of giving further effect to Council Directive No. 91/628/EEC1 of 19 November 1991, as amended by Council Decision No. 92/438/EEC2 of 13 July 1992. Commission Decision No. 94/96/EC3 of 3 February 1994, Council Directive No. 95/29/EC4 of 29 June 1995, Council Directive No. 97/12/EC5 of 17 March 1997 in so far as it relates to the transport of bovine animals and swine, and Council Regulation 1255/97/EC6 of 25 June, 1997 as amended by Council Regulation (EC) No. 1040/20037 of 11 June 2003 and Commission Decision 2003/483/EC8 of 30 June 2003, hereby order as follows:-

1.   This Order may be cited as the Diseases of Animals (Protection of Animals During Transport) (Amendment) Order 2003.

2. The Diseases of Animals (Protection of Animals During Transport) Order 1995 ( S.I. No. 98 of 1995 ) as amended by the Diseases of Animals (Protection of Animals During Transport) (Amendment) Order 1997 ( S.I. No. 362 of 1997 ) and the Diseases of Animals (Protection of Animals During Transport) (Amendment) Order 2001 ( S.I. No. 215 of 2001 ) is amended —

 (a)   in Article 10, by substituting —

(i) for paragraph (i) the following:

“(i) submits to an inspector the completed route plan referred to in paragraph (h), not less than 24 hours prior to the proposed first time of departure of the animals indicated in that route plan, on which must be indicated the number or numbers of the health certificates if any and the authorisation number allocated to him or her in accordance with Article 12 and which shall then be stamped and signed by an inspector where the inspector is satisfied that such route plan complies with the provisions of this Order;”

(ii)  for paragraph (j) (ii)(II) the following:

“(II) return the completed Part B of the route plan to the Minister within 10 days of the date indicated on Part A of the route plan as the proposed date of arrival of the animals at their place of destination;”

(iii)    for paragraph (o) the following:

“(o) notifies the Minister in writing of any deaths of or serious injuries to animals being transported during the journey and the reasons for such deaths or serious injuries, within a maximum of 10 days following the date indicated on Part A as the proposed date of arrival of the animals at their place of destination,;”

(b)  in Article 12, by substituting for paragraph (8) the following:

“(8) The Minister may, if he is satisfied that the relevant provisions of this Order are not being complied with by a transporter, refuse to authorise the transporter and shall notify the transporter in writing of the refusal and the reason for such refusal. Any infringement of this order, within the jurisdiction of the State or not, may result in the suspension or withdrawal of an authorisation granted by the Minister under this Article”

(c)  by substituting for Article 19 the following:—

“19. Animals to which this Order applies may, before being loaded into the means of transport by which they are exported from the State, be required to be inspected by an inspector. If the inspector is satisfied that such animals are fit for transport he may issue a certificate to that effect.”

(d)  by substituting for the Second Schedule the Schedule to this Order.

SCHEDULE

ROUTE PLAN

PART A

 

Disease of Animals (protection of Animals during Transport) Orders,

1995-2003.

TO BE COMPLETED BY TRANSPORTER AND SUBMITTED TO INSPECTOR NOT LESS THAN 24 HOURS PROIR TO DEPARTURE

Transporter (Name, address, business, name):

Means of Transport:

 

Tel :

Vehicle Registration number:

Signature of Transporter:

Fax :

Transport Authorisation number:

Animal species and category:

PROPOSED ITINERRARY - STAGING AND/OR TRANSFER POINTS

Place and Address

Date

Time Arrival

Time Departure

Length of Stop

(a)

 

 

 

 

Number of Animals:

(b)

 

 

 

 

Place of Departure:

(c)

 

 

 

 

(d)

 

 

 

 

FULL postal address of Place of Destination

(e)

 

 

 

 

(f)

 

 

 

 

(g)

 

 

 

 

Estimated Journey Time (HOURS)

(h)

 

 

 

 

TO BE COMPLETED BY VETERINARY INSPECTOR

Serial Number(s) of Health Certificate(s):

Vehicle/Trailer Approval Number:

OFFICIAL STAMP at place of departure:

Signature and Name in Block Capitals

Date and Time of Departure:

NOTE: THE ROUTE PLAN MUST ACCOMPANY THE CONSIGNMENT OF ANIMALS DURING THE ENTIRE JOURNEY

ROUTE PLAN: PART B

TO BE COMPLETD BY THE PERSON IN CHARGE OF THE MEANS OF TRANSPORT DURING THE COURSE OF THE JOURNEY AND RETURNED TO DVO OF ISSUE WITHIN 10 DAYS OF THE PROPOSED DATE OF ARRIVAL AT THE PLACE OD DESTINATION INDICATED ON PART A

ACTULA ITINERARY - STAGING AND/OR TRANFER POINTS

Place and Address

Date

Time of Arrival

Time of Departure

Length of Stop

Reason

Name of Staging Point or Transfer Point, where appropriate

a)

 

 

 

 

 

 

b)

 

 

 

 

 

 

c)

 

 

 

 

 

 

d)

 

 

 

 

 

 

e)

 

 

 

 

 

 

f)

 

 

 

 

 

 

g)

 

 

 

 

 

 

h)

 

 

 

 

 

 

Reason for any difference between actual and proposed itinerary:

Date and Time of Arrival at place of destination:

Number and reason of animals injuries and/or deaths during journey:

STAMP OF VETERINARIAN AT STAGING POINT(S)

Signature and Name (CAPITAL LETTERS) of Person in Charge of Vehicle during journey:

As the transporter responsible for the whole period of the journey I hereby certify that the entries above are correct:

Transporter's signature:

Stamp of component authority at point of exit from EU or authorised crossing point:

OBSERVATIONS of Transporter:

DVO of issue:

Received in DVO by:

Date of Receipt in DVO:

 

GIVEN under my Official Seal,

29 September 2003

 

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.)

The effect of this Order is to provide for revised conditions for the protection of animals during transport.

1 Official Journal L 340, 11.12.1991, P. 17.

2 Official Journal L 243, 25.08.1992, P. 27.

3 Official Journal L 050, 22.02.1994, P. 13.

4 Official Journal L 148, 30.06.1995, P. 52.

5 Official Journal L 109, 25.04.1997, P. 1.

6 Official Journal L 174, 02.07.1997, P. 1.

7 Official Journal L 151, 19.06.2003, P. 21.

8 Official Journal L 162, 01.07./2003 P.72.