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S.I. No. 26 of 2001
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European Communities (Live Poultry and Hatching Eggs) (Amendment)
Regulations,2001
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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:
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1. (1) These
Regulations may be cited as the European Communities (Live Poultry and
Hatching Eggs) (Amendment) Regulations, 2001.
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(2) These Regulations
shall come into operation on the 12th day of February, 2001.
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(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.
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2. The
European Communities (Live Poultry and Hatching Eggs) Regulations, 1992
(S.I. No. of 362) of 1992) are hereby amended by the substitution -
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(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:
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“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;”;
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(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:
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“(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 —
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(a) comply with the
provisions of Articles 11, 12 and 17 of the Council Directive;
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(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.”.
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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;
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“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) .”.
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GIVEN under my Official Seal
this 8th day of February, 2001.
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Joe Walsh,
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Minister for Agriculture, Food and Rural Development.
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EXPLANATORY NOTE
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(This note is not part of the Instrument and
does not purport to be a legal interpretation.)
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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.
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Published by the Stationery Office, Dublin.
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(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.
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