Committee Reports > List of Committees > Joint > 1986 > Committee on the Secondary Legislation of the European Communities (4th Committee) > Report No. 35 - Statutory Instruments [19]

APPENDIX 7

23 July, 1986.

Secretary

Department of Agriculture

Dear Secretary,

I am directed by the Chairman of the Joint Committee to refer to the above Regulations and to enquire whether there is any connection between the making of this Instrument and the ending of Ireland’s foot and mouth derogations and the associated veterinary proposals package. If so, why was this not referred to in the explanatory memo ?

Yours sincerely

________________________

Jody Blake

Assistant Principal Committee Clerk

Department of Agriculture

13 August, 1986.

Miss J. Blake

Assistant Principal Committee Clerk

Joint Committee on the Secondary Legislation
of the European Communities

Leinster House

Dublin 2

Re:- European Communities (Diseases of Animals Acts,
1966 and 1979 Orders) (General Authorisations
for Imports) Regulations, 1985 [S.I. No. 365
of 1985].

Dear Miss Blake,

I refer to your letter of 23 July, 1986 about the above Regulations.

Under Section 30 of the Diseases of Animals Act, 1966 the Minister for Agriculture is empowered to make order prohibiting, except under licence granted by him, the importation of agricultural products. In exercise of this power the Minister has made orders covering a wide range of agricultural products.

It has, however, become increasingly obvious that, unless other considerations (eg protection from disease) must prevail, both the Commission of the European Communities and the European Court of Justice are opposed to specific licensing systems as constituting a possible barrier to trade.

Accordingly, the European Communities (Diseases of Animal Acts, 1966 and 1979 Orders) (General Authorisation for Imports) Regulations, 1985 were made to provide for the introduction of an import procedure more acceptable to these bodies.

The Regulations provide for the issue of General Authorisations for imports and operate in conjunction with existing specific licensing arrangements. General Authorisations have been issued in respect of products from countries with an animal health status similar to Ireland’s and in respect of products (eg fully cooked products) which can be imported without creating a disease hazard. The requirements for specific licences has been retained in respect of products whose import could constitute a risk from an animal health point of view.

The introduction of the above Regulations was not therefore, contingent upon the expiry of Ireland’s foot-and mouth derogations. Certain products whose import was prohibited under the derogations may now however, be imported under General Authorisation where such importation is not regarded as constituting a serious animal health hazard.

Yours sincerely

________________________

M. Cronin

Veterinary Division