S.I. No. 701/2006 - European Communities (Control of Avian Influenza) Regulations 2006

• (II) if hatched from eggs originating from poultry holdings located outside of the restricted zone to any other holding provided that the hatchery can ensure by its logistics and biosecurity working conditions that any contact is excluded with hatching eggs or day-old chicks originating from poultry flocks within the restricted zone and which are therefore of a different health status,

• (iv) hatching eggs to a designated hatchery; in such cases the eggs and their packaging shall be disinfected before dispatch and the tracing back of these eggs must be ensured,

• (v) table eggs to a packing centre provided that they are packed in disposable packaging and that all biosecurity measures required by an official veterinarian are applied,

• (vi) eggs to an establishment for the manufacture of egg products as set out in Chapter II of Section X of Annex III to Regulation (EC) No 853/2004 to be handled and treated in accordance with Chapter XI of Annex II to Regulation (EC) No 852/2004 located inside or outside the restricted zone,

• (vii) eggs for disposal,

• (e) carcases must be disposed of,

• (f) any person entering or leaving holdings in the restricted zone must observe appropriate biosecurity measures aimed at preventing the spread of avian influenza,

• (g) vehicles and equipment used for transporting live poultry or other captive birds, feed, manure, slurry and bedding and any other material or substances likely to be contaminated must be cleansed and disinfected without delay after contamination, by one or more of the procedures provided for in Regulation 44,

• (h) poultry, other captive birds or mammals of domestic species must not enter or leave a holding without authorisation of an authorised officer. This restriction shall not apply to mammals which have access only to the living areas for humans in which they -

• (i) have no contact with resident poultry or other captive birds, and

• (ii) have no access to any cages or areas where such resident poultry or other captive birds are kept,

• (i) the removal or spreading of used litter, manure or slurry will be prohibited, unless authorised by an authorised officer; the movement of manure or slurry may be authorised from a holding situated in the restricted zone under biosecurity measures to a designated plant for treatment or for intermediate storage for subsequent treatment to destroy the possible presence of avian influenza viruses in accordance with Regulation (EC) No 1774/2002 or with specific rules which may be adopted in accordance with the procedure referred to in Article 64(2) of the Council Directive,

• (j) fairs, markets, shows or other gatherings of poultry or other captive birds are prohibited, unless specifically authorised, and

• (k) poultry or other captive birds for restocking of game must not be released.

• (2) An official veterinarian may give a direction in respect of the measures referred to in paragraph (1).

• (3) The Minister may, by notice based on the results of a risk assessment introduce further measures to prevent the spread of avian influenza in addition to the measures provided for in this Regulation.

Duration of measures

40.

• (a) for at least 21 days following the date of completion of preliminary cleansing and disinfection of the infected holding by one or more of the procedures provided for in Regulation 44, and until an official veterinarian, based on the investigations and laboratory tests carried out in the restricted zone and a risk assessment, considers that the risk of spread of LPAI is negligible,

• (b) for at least 42 days following the date of confirmation of the outbreak and until an official veterinarian, based on the investigations and laboratory tests carried out in the restricted zone and a risk assessment considers that the risk of spread of LPAI is negligible, or

• (c) for any other period and under conditions that may be established in accordance with the procedure referred to in Article 64(3) of the Council Directive.

Derogations

41.

• (2) An official veterinarian may grant derogations from some or all of the measures provided for in this Part in cases of an outbreak of LPAI in a non-commercial holding, a circus, a zoo, a pet bird shop, a wild life park, a fenced area where poultry or other captive birds are kept for scientific purposes or purposes related to the conservation of endangered species or officially registered rare breeds of poultry or other captive birds provided that such derogations do not endanger disease control.

Declaring a premises to be a premises with a confirmed outbreak of LPAI

42.

Measures to be applied where there is a confirmed LPAI outbreak premises

43.

• (2) The Minister may direct, by notice, that some or all of the measures in Regulations 39 and 40 apply to the zone established under paragraph (1).

• (3) An official veterinarian may direct that some or all of the measures in Regulations 33 to 37 shall be applied where there is a confirmed LPAI outbreak premises.

• (4) Where measures referred to in paragraphs (1), (2) or (3) are to be applied, the procedures provided for in the relevant Regulations shall be followed.

• (5) Any measures introduced under the provision of this Regulation may be amended or withdrawn by a further notice or direction.

PART 12 CLEANSING, DISINFECTION AND REPOPULATION

Cleansing and disinfection

44.

• (a) the cleansing, disinfection and treatment of holdings and premises and any materials or substances therein which are contaminated or likely to be contaminated with avian influenza viruses shall be carried out in accordance with:

• (i) the directions of the official veterinarian; and

• (ii) the principles and procedures for cleansing, disinfecting and treatment set out in Annex VI to the Council Directive;

• (b) any land or pastures used by poultry or other captive birds on a holding or premises where avian influenza has been confirmed shall not be used by poultry or other captive birds until an official veterinarian is satisfied that any avian influenza virus present has been eliminated or inactivated;

• (c) the cleansing, disinfection and treatment of slaughterhouses, vehicles, trailers or any other means of transport, border inspection posts and any materials or substances therein which are contaminated or likely to be contaminated with avian influenza viruses shall be carried out in accordance with the directions of an official veterinarian;

• (d) any equipment, materials or substances therein which are contaminated or likely to be contaminated with avian influenza viruses and which cannot be effectively cleansed and disinfected or treated shall be destroyed;

• (e) only approved disinfectants and concentrations may be used.

• (2) Costs associated with cleansing, disinfection and treatment as provided for in these Regulations shall be borne by the owner or person in charge except in cases where the Minister agrees that such costs will be borne by him or her.

Repopulation of holdings

45.

• (a) repopulation does not take place for a period of 21 days following the date of completion of the final cleansing and disinfection in accordance with Regulation 44,

• (b) the local District Veterinary Office is notified of any poultry that die during the repopulation phase,

• (c) any person entering or leaving the holding complies with appropriate biosecurity measures aimed at preventing the spread of avian influenza,

• (d) during the repopulation phase, no poultry leave the holding without authorisation from an authorised officer,

• (e) a record is kept on the production data, including morbidity and mortality data, which must be updated regularly, and

• (f) any significant change in production data, as referred to at (e), and other abnormalities are immediately reported to the local District Veterinary Office.

• (2) Based on a risk assessment, an official veterinarian may direct that the provisions in paragraph (1) are applied to holdings other than commercial poultry holdings or other species on a commercial poultry holding.

PART 13 VACCINATION

General prohibitions of vaccination

46.

• (2) Where vaccination is permitted under an avian influenza vaccination notice, the following arrangements will apply -

• (a) the handling, manufacture, storage, supply, distribution and sale of avian influenza vaccines shall be subject to official control;

• (b) only vaccines authorised in accordance with Directive 2001/82/EC⁶ of 6 November 2001 on the Community code relating to veterinary medicinal products or Regulation (EC) No 726/2004/EC of the European Parliament and the Council of 31 March 2004⁷ laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency may be used.

PART 14 Measures for pigs and other species

Measures concerning pigs and other species

47.

• (a) cooperate with an authorised officer in the taking of samples from the pigs for laboratory testing, and

• (b) ensure that the pigs are not moved from the holding pending the results of tests and without the approval of an authorised officer.

• (2) Where laboratory tests provided for in paragraph (1) confirm positive findings for avian influenza viruses in pigs, the movement of those pigs to other pig holdings or to designated slaughterhouses may be authorised, provided that subsequent appropriate tests have shown that the risk of spread of avian influenza is negligible.

• (3) Where laboratory tests provided for in paragraph (2) confirm a serious health threat, an official veterinarian shall direct that the pigs are to be killed as soon as possible under official supervision and in such a way as to prevent the spread of the avian influenza virus, in particular during transport, and in accordance with Directive 93/119/EC of 22 December 1993.

• (4) An official veterinarian may, following confirmation of avian influenza on any holding and based on a risk assessment, direct that the measures provided for in paragraphs (1), (2) and (3) are to be applied to any other mammals present on the holding and may extend those measures to contact holdings.

• (5) The owner or person in charge of the holding or of any pigs on the holding shall apply measures to prevent any further spread of avian influenza to other species as may be directed by an official veterinarian.

• (6) Additional measures to prevent the spread of influenza viruses of avian origin to other species may be adopted in accordance with the procedures referred to in Article 64(3) of the Council Directive.

• (7) An official veterinarian may direct that some or all of the measures provided for in this Regulation shall also apply where avian influenza is confirmed in a premises.

PART 15 DIAGNOSTIC PROCEDURES, DIAGNOSTIC MANUAL AND REFERENCE LABORATORIES

Diagnostic procedures, diagnostic manual and reference laboratories

48.

PART 16 COMPENSATION

Compensation

49.

• (a) poultry and other captive birds (other than pets) kept on commercial holdings which are killed or slaughtered under these Regulations, and

• (b) the product (other than a product of a wild bird or eggs of pigeons, doves, peafowl, swans or birds of the species psittaciformes) of such poultry or other captive birds,

if the poultry, captive bird, or product is destroyed to alleviate the risk of avian influenza, to prevent the spread of that disease or to eradicate that disease or is affected with that disease.

• (2) Compensation payable will not exceed the open market value of the poultry, captive bird, or product immediately before destruction as if not affected with disease.

• (3) In the interests of disease control and curtailing the spread of disease, the determination of compensation or ownership shall not delay the killing or slaughter of poultry or captive birds which shall proceed in accordance with the direction of an official veterinarian.

• (4) If a person is convicted of an offence under these Regulations or under legislation giving effect to an act of an institution of the European Communities relating to poultry, captive birds, or product, as a statutory consequence of conviction, he or she shall not be entitled to compensation in respect of the poultry, captive birds or product.

• (5) The Minister may postpone consideration or determination of an application for compensation pending the institution or determination of a prosecution for an offence in relation to poultry, captive birds or product that is the subject of the application.

Valuers

50.

• (2) The owners or persons in charge of the poultry, captive birds or products which are subject to a claim for compensation, their employees, servants or agents shall give all assistance required and co-operate with a valuer or a person accompanying a valuer.

• (3) If the Minister or owner of the poultry, captive birds or products is dissatisfied with the determination of a valuer, he or she may, within 7 days of the date of the valuation, request a second valuation. However, depopulation shall proceed forthwith notwithstanding the appeal.

• (4) If a person requests a second valuation, the valuation shall be carried out by a valuer chosen by the Minister.

Arbitration

51.

Abatement of compensation

52.

• (a) the applicant had failed to take reasonable measures to alleviate the risk or spread of disease,

• (b) the applicant had failed to take appropriate biosecurity measures,

• (c) the applicant has obstructed or impeded an authorised officer,

• (d) the applicant has delayed the depopulation of poultry or other captive birds or the destruction of products,

• (e) the applicant is not the owner of the poultry, captive bird or product to which the application relates,

• (f) the applicant has been convicted of an offence under -

• (i) these Regulations,

• (ii) the Animal Remedies Act 1993 , or

• (iii) regulations made under the European Communities Act 1972 relating to poultry, captive birds, wild birds or poultry products,

• (g) the poultry, captive bird or poultry product to which an application for compensation relates has been imported, sold, supplied, moved or otherwise dealt with in contravention of an enactment to which (f) refers.

PART 17 Authorised Officers, notices, offences, penalties and saver

Powers of authorised officer

53.

• (a) poultry includes a reference to other captive birds, and

• (b) disease includes a reference to avian influenza.

• (2) An authorised officer, being an inspector of the Minister, in exercising his or her powers under section 17A of the Diseases of Animals Act 1966 may, in making a clinical inspection of poultry or other captive birds, collect samples for laboratory examination.

• (3) A member of the Garda Síochána or an officer of Customs and Excise may for the purposes of these Regulations exercise any of the powers conferred on an authorised officer under section 17A of the Diseases of Animals Act 1966 or these Regulations.

• (4) An authorised officer may enter a holding or premises to take samples for the purposes of a surveillance programme to detect the prevalence of infections with avian influenza virus in different species of poultry other captive birds required under Article 4 of the Council Directive.

Notices, directions, authorisations, derogations

54.

• (2) A notice, direction, derogation or authorisation under Regulation 14, 15, 16, 18, 22, 25, 26, 28, 35, 41 or 43, may be given generally by publishing notice of it in the Iris Oifigiúil and in at least one newspaper published in the State and circulating in the area to which the notice, direction, derogation or authorisation relates and by such other means as the Minister considers appropriate, or by an authorised officer giving it directly to a person or by leaving it at the holding or premises concerned.

• (3) A notice, direction, derogation or authorisation under Regulation 4, 5, 7, 8, 9, 10, 11, 12, 17, 18, 19, 27, 28(3), 29, 30, 31, 32, 33, 34, 36, 37, 42, 45 or 47, may be given either directly to the person or may be left at the holding or premises concerned by an authorised officer or by any other method as the Minister considers appropriate.

• (4) Where not explicitly provided for in a Regulation, an official veterinarian may, nevertheless, issue a direction to a person relating to a requirement in the Regulation, either by giving it directly to the person concerned or leaving it at the holding or premises concerned or by any other method as the Minister considers appropriate.

• (5) The Minister may authorise in writing an officer of the Minister to issue a notice under these Regulations.

Forgery

55.

• (2) A person shall not alter with intent to defraud, deceive, or use, knowing it to be altered, a notice, direction, authorisation or derogation issued under these Regulations (in this Regulation referred to as an “altered document”).

• (3) A person shall not have, without lawful authority, in his or her possession or under his or her control a forged document or an altered document.

Offence

56.

Penalties, etc

57.

• (2) An offence under these Regulations may be prosecuted by the Minister.

• (3) Where 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) applies 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.

Production of notice in legal proceedings, etc.

58.

• (2) A copy of a notice or direction under these Regulations, which has endorsed on it a certificate purporting to be signed by an officer of the Minister (authorised in that behalf by the Minister) stating that the copy is a true copy of the notice may, without proof of signature of that officer, be produced in every court and in all legal proceedings and is evidence, unless the contrary is shown, of the notice.

Revocations

59.

GIVEN under my Official Seal, _20th December 2006.	GIVEN under my Official Seal, _20th December 2006.
	Mary Coughlan
	Minister for Agriculture and Food.

EXPLANATORY NOTE

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

These regulations revoke S.I. 478 of 2006 and transpose the measures set down in Council Directive 2005/94/EC in relation to suspected and confirmed outbreaks of avian influenza in poultry and other captive birds.

Footnotes