Prohibitions Restrictions And Su by fjzhangweiqun

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									PROHIBITIONS, RESTRICTIONS AND SURVEILLANCE:


IMPORTS FROM NON-EU COUNTRIES ................................................... 3
  GENERAL INFORMATION ......................................................................................................4
  ANIMALS ....................................................................................................................................5
    LIVE ANIMALS ( See also wildlife).........................................................................................5
    ANIMAL PRODUCTS (see also Wildlife) ...............................................................................8
    PERSONAL IMPORTS .............................................................................................................8
    SAMPLES .................................................................................................................................8
    PATHOGENS ...........................................................................................................................9
    ANIMAL REMEDIES (i.e. Veterinary Medicinal Products) ..................................................9
    VACCINES................................................................................................................................9
    REQUIREMENTS FOR PUREBRED BREEDING ANIMALS, THEIR SEMEN, OVA AND
    EMBRYOS.............................................................................................................................. 10
  PLANTS AND PLANT PRODUCTS ...................................................................................... 12
  FRESH FRUIT AND VEGETABLES ..................................................................................... 15
    PESTICIDES ......................................................................................................................... 15
  MISCELLANEOUS .................................................................................................................. 20
    HALLMARKS (ASSAY MARKS, ETC.) ................................................................................. 20
    CURRENCY NOTES, COIN - COUNTERFEIT AND IMITATION .................................... 21
    COPYRIGHT AND RELATED RIGHTS .............................................................................. 22
    COUNTERFEIT OR PIRATED GOODS ............................................................................. 23
  DRUGS ...................................................................................................................................... 25
  EXPLOSIVES, PYROTECHNICS, DEEMED SUBSTANCES ............................................ 25
    FIREARMS AND AMMUNITION ........................................................................................ 25
    OFFENSIVE WEAPONS ....................................................................................................... 26
  FOOD IMITATIONS................................................................................................................ 27
  DRUG PRECURSORS ............................................................................................................. 28
  DANGEROUS SUBSTANCES, PREPARATIONS AND ARTICLES ................................. 29
  OZONE DEPLETING SUBSTANCES (CHLOROFLUOROCARBONS, HALONS,
  HYRDROCHLOROFLUOROCARBONS (HCFCS), ETC.) ................................................. 29
  CHILD PORNOGRAPHY........................................................................................................ 32
  INDUSTRIAL PROTECTION................................................................................................. 32
  RADIOACTIVE SUBSTANCES AND NUCLEAR DEVICES ............................................. 32
  REVENUE – LETTER/PARCEL POST .................................................................................. 33
    STAMPS ................................................................................................................................. 33
  TRADE RESTRICTIONS ........................................................................................................ 34
  WILDLIFE................................................................................................................................. 36
    ENDANGERED SPECIES .................................................................................................... 36
    WILD ANIMALS AND WILD BIRDS ................................................................................... 37
    TRAPS, SNARES AND NETS................................................................................................ 37
    FURSKINS ............................................................................................................................. 38
    AQUACULTURE ANIMALS AND PRODUCTS ................................................................. 39
MOVEMENT OF GOODS FROM OTHER EU MEMBER STATES TO
IRELAND ....................................................................................................... 40



Prohibitions, Restrictions and Surveillance 1                                                                 January 2009
  ANIMALS ................................................................................................................................. 40
    ANIMAL PRODUCTS ........................................................................................................... 42
    SAMPLES .............................................................................................................................. 42
    PATHOGENS ........................................................................................................................ 42
    VACCINES............................................................................................................................. 44
    WOOL .................................................................................................................................... 45
    BAGS AND WRAPPERS, ETC.............................................................................................. 45
  PLANTS AND PLANT PRODUCTS ...................................................................................... 46
    WOOD, BARK ETC (INCLUDING WOOD PACKAGING MATERIAL SUCH AS
    PALLETS, CRATES, BOXES ETC) ...................................................................................... 46
    PESTICIDES ......................................................................................................................... 47
    AQUACULTURE ANIMALS AND PRODUCTS ................................................................. 47
  MISCELLANEOUS .................................................................................................................. 48
    CURRENCY NOTES, COIN - COUNTERFEIT AND IMITATION .................................... 48
  DRUGS ...................................................................................................................................... 48
  EXPLOSIVES, PYROTECHNICS, DEEMED SUBSTANCES ............................................ 48
  FIREARMS AND AMMUNITION.......................................................................................... 49
    OFFENSIVE WEAPONS ....................................................................................................... 49
  CHILD PORNOGRAPHY........................................................................................................ 51
  RADIOACTIVE SUBSTANCES AND NUCLEAR DEVICES ............................................. 51
  WILDLIFE................................................................................................................................. 52
EXPORTS TO NON-EU COUNTRIES ....................................................... 52
  ANIMALS ................................................................................................................................. 53
    LIVE ANIMALS (see also Semen and Embryos and Wildlife) ............................................ 53
    PIGEONS LIVE ..................................................................................................................... 53
    CAT & DOG FUR ................................................................................................................. 53
  FRESH FRUIT AND VEGETABLES ..................................................................................... 53
  ARCHAEOLOGICAL OBJECTS ............................................................................................ 54
  CONTROLS ON CASH ENTERING OR LEAVING THE COMMUNITY ........................ 54
    COMMON DECLARATION FORM ..................................................................................... 54
    INTRA-COMMUNITY CASH CONTROLS .......................................................................... 55
  COUNTERFEIT OR PIRATED GOODS................................................................................ 55
  CULTURAL GOODS ............................................................................................................... 57
    DOCUMENTS AND PAINTINGS ........................................................................................ 57
  DRUGS ...................................................................................................................................... 57
  DUAL-USE ITEMS AND TECHNOLOGY............................................................................ 58
  EXPLOSIVES, PYROTECHNICS, DEEMED SUBSTANCES ............................................ 58
  FIREARMS AND AMMUNITION.......................................................................................... 59
  FOOD IMITATIONS. ............................................................................................................... 59
  DRUG PRECURSORS ............................................................................................................. 61
  RADIOACTIVE SUBSTANCES AND NUCLEAR DEVICES ............................................. 61
  TRADE RESTRICTIONS ........................................................................................................ 61
    BURMA / MYANMAR............................................................................................................ 61
    IRAN....................................................................................................................................... 61
    NORTH KOREA .................................................................................................................... 62
    ARMS EMBARGOES/ EXPORT RESTRICTIONS .............................................................. 62
    GOODS WHICH MAY BE USED FOR TORTURE ............................................................. 62
  WILDLIFE................................................................................................................................. 64




Prohibitions, Restrictions and Surveillance 2                                                                 January 2009
MOVEMENT OF GOODS TO OTHER EU MEMBER STATES (O.M.S.)
......................................................................................................................... 66
   ANIMALS AND BIRDS........................................................................................................... 66
   ANIMALS PRODUCTS ........................................................................................................... 67
   PLANTS AND PLANT PRODUCTS ...................................................................................... 68
   DRUGS ...................................................................................................................................... 69
   DUAL-USE ITEMS AND TECHNOLOGY............................................................................ 69
   EXPLOSIVES, PYROTECHNICS, DEEMED SUBSTANCES ............................................ 70
   FIREARMS AND AMMUNITION.......................................................................................... 71
   FOOD IMITATIONS................................................................................................................ 71
   CHILD PORNOGRAPHY........................................................................................................ 72
   RADIOACTIVE SUBSTANCES AND IRRADIATING DEVICES ..................................... 72
   WASTE (TRANSFRONTIER SHIPMENT) ........................................................................... 72
   WILDLIFE................................................................................................................................. 74




IMPORTS FROM NON-EU COUNTRIES



Prohibitions, Restrictions and Surveillance 3                                                                  January 2009
GENERAL INFORMATION
The following products are subject to prohibitions or restrictions on importation from non-EU
countries. The prohibitions or restrictions outlined below are implemented as a result of either
national or EU legislation and are referenced accordingly.



Common Agricultural Policy – General

Rules governing the Common Agricultural Policy of the European Union prohibit the
importation of certain agricultural goods from countries outside the Community without a valid
Community licence. These licenses are issued in Ireland by the Department of Agriculture,
Fisheries & Food, Agriculture House, Kildare Street, Dublin 2, telephone (01) 6072000, LoCall
1890 20 05 10, (www.agriculture.gov.ie or e-mail: info@agriculture.gov.ie) to which any
enquiries should be made. However, import licences in respect of dairy products, cereals, and
rice are issued by that Department‘s offices in Johnstown Castle Estate, Wexford (Telephone 053
9163400, LoCall 1890 200 509). Import licences, in respect of fruit and vegetables are issued by
Crop Production and Safety Division, Department of Agriculture, Fisheries and Food, Maynooth
Business Campus, Maynooth, Co Kildare, telephone (01) 5053300, fax (01) 5053565. Similar
licenses issued by the competent authorities in other Member States of the EU are valid for use in
this country.

The goods concerned include certain products covered by common organisations of the markets
established under EC Regulations viz., cereals, rice, beef and veal, sugar, isoglucose, oils and
fats, seeds, milk and milk products, wine and related products (The ‗related products‘ are grape
juice (including grape must) ex CN code 2009 69 and other grape musts falling under CN codes
2204 30 92, 2204 30 94, 2204 30 96, 2204 30 98, CN codes 2204 30 92, 2204 30 94, 2204 30
96, 2204 30 98, apples (CN code 0808 10 80), preserved mushrooms imported under quota
arrangements (CN codes 0711 51 00, 2003 10 20 and 2003 10 30), fresh garlic (CN code 0703
20 00) imported under quota and non-quota arrangements, and agricultural products falling
under CN codes ex 0703 90 00, ex 0710 80 95, ex 0710 90 00, ex 0711 90 80, ex 0711 90 90
and ex 0712 90 90, sheepmeat and goat meat.processed fruit, vegetables, sheepmeat and goat
meat.

Since 1 May 2004, the requirement for an import licence has been dispensed with for the
sheepmeat and goatmeat sectors for those countries, who have an import quota with the European
Union. Importation can take place in such cases on presentation to Customs of a Document of
Origin issued by the competent authority in the country of origin.

Animal and public health protection.
In accordance with EU-wide controls to protect human and animal health all animals and animal
products (including fish products) being imported into the EU must first be presented for
veterinary inspection at an EU approved Border Inspection Post (BIP) - listed under Commission
Decision 2001/881/EC (as amended) Directives 91/496/EEC and 97/78/EC apply these
harmonised import control requirements. BIPs in Ireland are located at Dublin Seaport (for
animal product imports only), Dublin Airport (live animals only) and Shannon Airport (animal
products and live animals). Further information may be accessed from ‗trade and exports‘ on the
Department of Agriculture, Fisheries and Food website www.agriculture.gov.ie . A full list of
the animal products coming under these veterinary import control measures may be found under
Commission Decision No 2007/275.



Prohibitions, Restrictions and Surveillance 4                               January 2009
Animal products (listed under Commission Decision No. 2007/275/EC) from a non-EU country
must come from an approved export establishment, itself approved for export to the EU, and be
from as area where there are no restrictions imposed because of animal disease outbreaks under
EU safeguard measures. They must travel with an official health certificate, conforming to the
models laid down in EU legislation, and with commercial documentation and be appropriately
labelled and packaged. They must be presented along with the appropriate documentation and
veterinary inspection fee for veterinary examination at an approved Border Inspection Post (BIP)
following prior notification.

Registration

Importers and those operating as agents of importers are required to register with the Department
of Agriculture, Fisheries and Food. Further information and application forms are available from
the Department of Agriculture, Fisheries & Food website (www.agriculture.gov.ie) or can be
obtained by contacting the Import Registration Section, Food Safety Liaison Division,
Department of Agriculture, Fisheries and Food, Kildare Street, Dublin 2, fax (01) 6072513 or
telephone (01) 6072896.

Prior Notification of Import

Under these harmonised EU provisions importers of animal products and of live animals are
required to give prior notification of import to the BIP at which it is intended to arrange
importation on to the territory of the EU. This is done by means of completing and forwarding to
the BIP Part 1 of a Common Veterinary Entry Document CVED (as set out in Commission
Regulation (EC) No 136/2004 for animal products or Commission Regulation (EC) 282/2004)
for live animals) together with the appropriate veterinary inspection fee. Copies of these CVED
forms are available from
    (a) Animal Health and Welfare Division (Ph 01 6072862 & Fax 01 6619031) in respect of
        live animal imports and
    (b) from the Animal Product Import Section (Ph 01-6072896 & Fax 01-6072513), for
        animal products
    (c) from the BIPs as well as
    (d) on the Department of Agriculture, Fisheries & Food website (www.agriculture.gov.ie).



ANIMALS
LIVE ANIMALS ( See also wildlife)

(A)    Domestic cats & dogs (pets) - Any domestic cat or dog brought from any country or
       territory other than Great Britain, Northern Ireland, the Channel Islands and the Isle of
       Man may not be landed in the State unless one of the following applies:

       (1)     the animal is accompanied by a Pet Passport issued under Regulation (EC) No.
               998/2003 of the European Parliament and of the Council on the animal
               health requirements applicable to the non commercial movement of pet
               animals and attesting compliance with the requirements of the Pet Passport
               system.




Prohibitions, Restrictions and Surveillance 5                            January 2009
       (2)      the landing is authorised by an import licence granted by the Minister for
                Agriculture Fisheries and Food under the Diseases of Animals Act, 1966 and the
                conditions inserted in the licence are duly complied with. (Importation of Dogs
                and Cats Orders 1929-1970).

(B)   Cattle, swine- are prohibited to be imported from non-EU countries, except in compliance
      with Directive 72/462/EEC. Licence issued in accordance with the Importation of
      Livestock Orders, 1970 to 1992 (S.I. No. 296 of 1970 and S.I. 298 of 1992).
(C)   Equidae- are prohibited to be imported from non-EU countries, except in compliance with
      Directive 90/426/EEC. Licence issued in accordance with the Importation of Livestock
      Orders, 1970 to 1992 (S.I. No. 296 of 1970 and S.I. 298 of 1992).
      “Equidae” covers wild or domesticated animals of the equine (including zebras) or asinine
      species or the offspring of crossings of those species.


(D)   Live poultry and hatching eggs - are prohibited to be imported from non-EU countries,
      except in compliance with Commission Decision 96/482/EC ―European Communities
      (Live Poultry and Hatching Eggs) Regulations 1992‖ (S.I. 362 of 1992), licence issued in
      accordance with the Poultry, Poultry Carcases, Poultry Eggs and Poultry Products
      (Restriction on Importation) Order 1971 (S.I. No. 139 of 1971) for the purposes of the
      above:
      “poultry” means fowl, turkeys, guinea fowl, ducks, geese, quails, pigeons, pheasants and
      partridges reared or kept in captivity for breeding, the production of meat or egg for
      consumption, or for re-stocking supplies of game;


(E)   Sheep and goats - are prohibited to be imported from non-EU countries, except in
      compliance with Council Directive 93/198/EEC and a licence issued by the Minister for
      Agriculture, Fisheries and Food. (Importation of Livestock Orders, 1970 to 1992).


(F)   Hobby birds – are prohibited to be imported from non-EU countries, except in compliance
      with Council Directive 2000/666/EC and licence issued in accordance with the Poultry,
      Poultry Carcases, Poultry Eggs and Poultry Products (Restrictions on Importation Order
      1971 (S.I. No. 139 of 1971).


(G) Certain specified animals brought from any country or place other than direct from
    Northern Ireland [Rabies (Importation, Landing and Movement of Animals) Orders,
    1972 and 1976].
The importation or landing of any animal of the sixteen Orders of Mammals specified in these
Statutory Instruments is prohibited save under and in accordance with a licence granted in that
behalf by the Minister for Agriculture Fisheries and Food under the Diseases of Animals Act,
1966. These Statutory Instruments apply to the following Orders of Mammals:

      1.     The Order Carnivora, other than a domestic dog or a domestic cat, which Order
             includes the animals commonly called jackals, foxes, wolves, bears, raccoons, coatis,
             pandas, otters, weasels, martens, polecats, badgers, skunks, mink, ratels, genets,
             civets, linsangs, mongooses, hyenas, ocelots, pumas, cheetahs, lions, tigers and
             leopards.


Prohibitions, Restrictions and Surveillance 6                              January 2009
      2.    The Order Chiropter, which Order includes the animals commonly called bats and
            flying foxes.
      3.    The Order Dermoptera, which Order includes the animals commonly called flying
            lemurs.
      4.    The Order Edentata, which Order includes the animals commonly called anteaters,
            sloths and armadillos.
      5.    The Order Hyracoidea, which Order includes the animals commonly called hyraxes.
      6.    The Order Insectivora, which Order includes the animals commonly called
            solenodons, tenrecs, otter shrews, golden moles, hedgehogs, elephant shrews, shrews,
            moles and desmans.
      7.    The Order Lagomorpha, which Order includes the animals commonly called pilas,
            rabbits and hares.
      8.    The Order Marsupialia, which Order includes the animals commonly called
            opossums, marsupial mice, dasqures, marsupial moles, marsupial anteaters,
            bandicoots, rat opossums, cuscuses, phalangers, koalas, wombats, wallabies and
            kangaroos.
      9.    The Order Primates, which Order includes the animals commonly called tree-shrews,
            lemurs, indrises, sifakas, aye-ayes, lorises, bushbabies, tarsiers, titis, uakaris, sakis,
            howlers, capuchins, squirrel monkeys, marmosets, tamarins, macaques, mangabeys,
            baboons, langurs, gibbons and great apes.
      10.   The Order Rodentia, which Order includes the animals commonly called gophers,
            squirrels, chipmonks, marmots, scaly-tailed squirrels, pocket mice, kangaroo rats,
            beavers, mountain beavers, springhaas, mice, rats, hamsters, lemmings, voles, gerbils,
            water rats, dormice, jumping mice, jerboas, porcupines, cavies, capybara, chinchillas,
            spiny rats and gundis.
      11.   The Order Artiodactyla, which Order includes the animals commonly known as
            peccaries, hippopotamuses, camels, llamas, chevrotains, deer, giraffes, pronghorns,
            antelopes, duikers and gazelles.
      12.   The Order of Monotremata, which Order includes the animals commonly known as
            echidnas and duck-billed platypuses.
      13.   The Order Perissodactyla, which Order includes the animals commonly known as
            zebras, tapirs and rhinoceroses.
      14.   The Order Pholidota, which Order includes the animals commonly known as
            pangolins.
      15.   The Order Proboscidea, which Order is comprised of the animal commonly known as
            an elephant.
      16.   The Order Tubulidentata, which Order is comprised of the animal commonly known
            as an aardvark.


BEES
Import of bees from non-EU Countries is prohibited except from the countries listed in Part 1 of
Annex II to Council Decision 79/542/EEC (as amended). The bees must be accompanied by a
health certificate as required by Council Directive 92/65/EC.




Prohibitions, Restrictions and Surveillance 7                                January 2009
ANIMAL PRODUCTS (see also Wildlife)
The principal EU rules (and national measures) governing the animal health and public health
requirements for the importation of animal products on to the territory of the EU are as follows:

 Food of Animal Origin:
Council Regulations (EC) No‘s 178/2002, 852/2004, 853/2004, 854/2004 and 882/2004 as
well as Council Directive (EC) No. 2004/41 (S.I. No 910 of 2005 entitled ‗European (Food and
Feed Hygiene) Regulations‘) and Council Directive (EC) No. 2002/99 (S.I. No.s 820 and 893 of
2004). Please note that food business operators must ensure that all stages of production,
processing and distribution of food under their control satisfies the relevant hygiene requirements
laid down in these Regulations. This includes the obligation to be registered.

Fish Products
Fish products included under the above hygiene rules come under responsibility of the Sea
Fisheries Protection Authority established under the Sea Fisheries and Maritime Jurisdiction Act
2006 (S.I. No. 8 of 2006). Import control is provided under (S.I. No 335 of 2006 entitled
‗European Communities (Hygiene of Fishery Products and Fish Feed) Regulations‘).

Animal By-Products:
Council Regulation (EC) No. 1774/2002 (S.I. 612 of 2006 entitled ‗the European Communities
(Transmissible Spongiform Encephalopathies and Animal By-products) Regulations 2006‘)


Hay and Straw
Certain plant products posing a risk of spreading infectious or contagious diseases to animals also
require veterinary inspection on import (Annex IV and Annex V of Commission Regulation (EC)
No. 136/2004)


PERSONAL IMPORTS

The personal importation of meat and meat products, milk and milk products, except in
accordance with the provisions above, is not permitted. With regard to fish, honey and egg
products a maximum quantity of 1kg is permitted provided they are from a country approved for
export to the EU and the products are appropriately wrapped and labelled. Commission
Regulation (EC) No. 745/2004 (SI No. 267 of 2004, entitled ‗European Communities (Control
on Imports of Animal Products for Personal Consumption) Regulations‘) refer. Except where EU
safeguard measures are applied, this ban does not affect the personal import of animal products
from approved establishments in Andorra, San Marino and Norway. In the case of Faeroe Islands,
Greenland, Iceland, Liechtenstein and Switzerland an upper limit of 5kgs is applied to such
animal product personal imports.

SAMPLES

The importation of samples of animal products for the purposes of trade exhibition, research and
development is only permitted under licence. Further information, including application forms
may be obtained from Food Safety Liaison Division, Department of Agriculture Fisheries and
Food, Kildare Street, Dublin 2, fax (01) 6072513 or telephone (01) 6072896. In the case of
samples of fish products application should be made to the Sea Fisheries Protection Authority,
Clonakilty, Co Cork, telephone (01) 6782000, fax (023) 59720. It is a condition of a sample




Prohibitions, Restrictions and Surveillance 8                              January 2009
licence that the products cannot be placed on the market or used for human consumption and
must be destroyed or returned to the country of origin following use.

PATHOGENS

The import of pathogens and pathogenic agents is only permitted under a licence issued under SI.
373 of 1997 the Importation of Pathogenic Agents Order, 1997 Further information, including
application forms may be obtained from Food Safety Liaison Division, Department of
Agriculture Fisheries and Food, Kildare Street, Dublin 2, fax (01) 6072513 or telephone (01)
6072896.


ANIMAL REMEDIES (i.e. Veterinary Medicinal Products)
Animal Remedies are prohibited to be imported except under the provisions of the Control of
Animal Remedies and their Residues Regulations 1998 (S.I. 507/1998). The import of an
animal remedy containing substances covered by the EU Hormone Ban (Council Directive
96/22/EU) is prohibited. This includes stilbenes, stilbene derivatives, thyrostatic substances,
beta-agonists or a substance having an oestrogenic, androgenic or gestagenic action.

Under the Animal Remedies Regulations 1996 (Regulation 21), it is prohibited to import an
animal remedy from a country other than a Member State of the European Union save under and
in accordance with a manufacturer‘s licence issued by the Irish Medicines Board. However under
Regulation 22 of the Animal Remedies Regulations 1996, a manufacturer‘s licence shall not be
required for the import of an animal remedy from a country other than a Member State of the
European Union where the animal remedy is imported for the purpose of trans-shipment to
another Member State of the European Union and is not intended to be sold or supplied within
this State.


VACCINES
Under the provisions of the Diseases of Animals Act 1966 (Control on Animal and Poultry
Vaccines) Order 2002 as amended by the Diseases of Animals Act 1966 (Control on Animal and
Poultry Vaccines) (Amendment) Order 2003 and the Diseases of Animals Act 1966 (Control on
Animal and Poultry Vaccines) (Amendment) Order 2004, the following controls apply to certain
vaccines imported from non EU countries.
An import Prohibition in respect of vaccines for the following diseases:

                 African horse sickness

                 African swine fever
                 Bovine leucosis
                 Contagious bovine pleuro-pneumonia
                 Foot and mouth disease
                 Infectious equine anaemia
                 Maedi visna
                 Rinderpest
                 Salmonellosis (caused by or involving salmonella enteriditis or
                 salmonella typhimurium) in poultry
                 Sheep pox




Prohibitions, Restrictions and Surveillance 9                             January 2009
                 Swine vesicular disease

An import restriction under licence of the Minister for Agriculture, Fisheries and Food in respect
of vaccines for the following diseases:

                Bluetongue
                Brucellosis in ruminating animals and swine
                Equine encephalomyetitis
                Equine viral arteritis
                Mycoplasma gallisepticum
                Fowl typhoid
                Avian influenza
                Infectious laryngo-tracheitis
                Johnes disease
                Mycoplasma gallisepticum
                Porcine respiratory and reproductive syndrome
                Pullorum disease, otherwise known as bacillary white diarrhoea
                (salmonella pullorum)
                Rift valley fever
                Swine fever
                Swine influenza
                Teschin fever
                Transmissible gastro-enteritis
                Tuberculosis in ruminating animals
                Aujeszky's disease (for non marker vaccines only)
                Infectious bovine rhinotracheitis ( for non marker vaccines only)
For national disease policy and management reasons, the list of the above diseases may be subject
to change and you are advised to contact the Department of Agriculture,Fisheries and Food,
Agriculture House, Kildare Street, Dublin 2, telephone (01) 6072000, LoCall 1890 20 05 10, (e-
mail: info@agriculture.gov.ie) in relation to importation of vaccines for such diseases.

REQUIREMENTS FOR PUREBRED BREEDING ANIMALS, THEIR SEMEN, OVA
AND EMBRYOS
The following semen and embryos are prohibited to be imported, from non-EU countries except
as indicated below:
Council Directive 94/28/EC lays down principles relating to the zootechnical and genealogical
conditions applicable to imports from third countries of animals, their semen, ova and embryos
which are covered by Council Directive 77/504/EEC (cattle), Council Directive 88/661/EEC
(pigs), Council Directive 89/361/EEC (sheep/goats), Council Directive 90/427/EEC (equidae)
and Council Directive 91/174/EEC (other animals).

Commission Decision 96/510/EC lays down the pedigree and zootechnical certificates for the
importation of breeding animals, their semen, ova and embryos of the bovine species, pure-bred
breeding pigs, pure-bred breeding sheep and goats and horses.

Commission Decision 96/509/EC lays down the pedigree and zootechnical requirements for the
importation of semen of certain animals of the bovine species, pure-bred breeding pigs, pure-bred



Prohibitions, Restrictions and Surveillance 10                            January 2009
breeding sheep and goats which have not undergone performance test and genetic value
assessment.

Commission Decision 93/623/EC lays down the identification document required for equidae
(live animal) imported from non-EU countries.

Imported bovine semen and embryos must be consigned to collection and to storage centres
approved by the Minister for Agriculture Fisheries and Food. Consignees of imported products
must give advance notification to the Minister for Agriculture Fisheries and Food stating the
name and address of the establishment to which it is being consigned, the anticipated arrival date
and in the case of imports from non-EU Member States, their point of entry. [European
Communities (Trade in Bovine Breeding Animals, their Semen, Ova and Embryos) Regulations,
1996 (S.I. No. 112 of 1996).]

Information in respect of other species can be obtained from the Department of Agriculture
Fisheries and Food, Cavan, telephone 049-4368200 or LoCall 1890 200 508.

Animal Health and Welfare Division, which has responsibility for the Balai Directive
(90/65/EEC) which covers veterinary health certification issues relating to trade in animals and
animal semen, ova and embryos of other species, may be contacted at 01-6072000 or LoCall
1890 200 510.


WOOL
Wool as defined in the Importation of Wool Orders is prohibited to be imported from non-EU
countries except in accordance with general authorisation or licence issued by the Minister for
Agriculture, Fisheries and Food under the European Communities (Diseases of Animals Acts,
1966 and 1979 Orders) (General Authorisation for Imports) Regulations, 1985 and the
Importation of Wool Order, 1946; Importation of Wool Order, 1946 (Amendment) Orders,
1947, 1954 and 1960.

CAT & DOG FUR
With effect from 01/01/2009, and in accordance with Regulation (EC) No 1523/2007, the
importation into the Community of cat and dog fur and products containing such fur is
prohibited. Queries in this regard should be directed to Animal Health & Welfare Section,
Department of Agriculture, Fisheries & Food 01 - 6072049


BAGS AND WRAPPERS, ETC.
The following are prohibited to be imported from non-EU countries except as indicated below:
    Bags and wrappers made from cloth of the prescribed pattern which have been previously
      used as containers for the carcases or parts of carcases of animals, unless such bags or
      wrappers at the time of importation contain the carcases or parts of the carcases of
      animals;
    Carcases or part of the carcase of an animal from any country other than certain specified
      countries, in any bag or wrapper, unless such bag or wrapper is cloth of the prescribed
      pattern, stockinette or paper;
    Farm goods packed in any box, crate, basket, sack, bag or other container, which, or any
      part of which, has been used for the packing of the carcase or part of the carcase of an




Prohibitions, Restrictions and Surveillance 11                            January 2009
       animal, imported from any country other than certain specified countries; farm goods
       packed in any cloth of the prescribed pattern.

General authorisation or licence issued by the Minister for Agriculture, Fisheries and Food is
required in accordance with the European Communities (Diseases of Animals Acts, 1966 and
1979 Orders) (General Authorisations for Imports) Regulations, 1985, and the Foot and Mouth
Disease (Imported Carcases and Packing Materials) Order 1938, as amended. Imports must
comply with Council Decision 79/542/EEC (as amended) which is administered by the
Department of Agriculture Fisheries and Food, telephone 01-6072000 or Lo-call 1890 200 510
(www.agriculture.gov.ie or e-mail: info@agriculture.gov.ie ).


PLANTS AND PLANT PRODUCTS
Plants and plant products, organisms and cultures harmful to plants (see also wildlife)

The following Plant and Plant Products are prohibited to be imported from non-EU countries
except as indicated below:

      Under general authorisation European Communities (Disease of Animals) Acts, 1966 and
      1979 Orders General Authorisations for Imports) Regulations, 1985) or licence granted by
      the Minister for Agriculture Fisheries and Food [Foot and Mouth Disease (Importation of
      Plants) Orders, 1952 and 1962].
       Plants, Plant Products and other objects subject to plant health controls originating in non-
      EU countries must be notified to the Department of Agriculture Fisheries and Food prior
      to importation and must be inspected by an officer from the Department of Agriculture
      Fisheries and Food at the point of entry or, at the discretion of the Department of
      Agriculture Fisheries and Food, at place of destination.
      ―Plants‖ & ―Plant Products‖ include all material listed in Annex V B to Council Directive
      2000/29/EC as amended.
      This includes all plants for planting; parts of plants, other than fruit and seeds of,
          (a) (effectively cut flowers of) Dendranthema (chrysanthemums), Dianthus
              (carnations), Gypsophila and Solidago and cut flowers of Orchidaceae;
         (b) potatoes;
         (c) certain fruit, fruit of the following genera: Annona L, Cydonia Mill., Diospyros
                L., Malus Mill, Mangifera L. , Momordica L., Passiflora L., Prunus L., Psidium
                L., Pyrus L., Ribes L., Solanum melongena L., Syzygium Gaertn., and
                Vaccinium L.,
      Which are commonly known as and include inter alia,
          (a) apples, apricots, aubergines, blackcurrants, blueberries, bittermelon, cherries, citrus
              fruit, cranberries, eggplant, gooseberries, guava, mangoes, nectarines, passion fruit,
              peaches, plums, pears, passionfruit, quinze, redcurrants, sugarapple, and
              whitecurrants);
          (b) leafy vegetables of Apium graveolens L (celery) and Ocimum L. (basil);
          (c) parts of plants, other than fruit and seeds of conifers; parts of plants, other than fruit
              and -seeds of Acer saccharum Marsh., originating in North American countries;
          (d) parts of plants, other than fruit and seeds of Prunus L., originating in non-European
              countries;
          (e) cut flowers of Aster spp., Eryngium L., Hypericum L., Lisianthus L., Rosa L. and
              Trachelium L., originating in non-European countries: and certain types of wood).




Prohibitions, Restrictions and Surveillance 12                                 January 2009
Certain cultures of organisms harmful to plants and imported from non-EU countries for trial or
scientific purposes except under licence granted by the Minister for Agriculture Fisheries and
Food (Commission Directive 95/44/EC, S.I. No. 110 of 1996).

For further information or advice contact Plant Trade section, Crop Production and
Safety Division, Dept. of Agriculture, Fisheries and Food, Maynooth Business Campus,
Co. Kildare. Tel 01-5053343 Fax: 01-5053564 E-mail: planthealth@agriculture.gov.ie

      Wood, Bark etc (including Wood Packaging Material such as pallets, crates, boxes
      etc.)

 Under Council Directive 2000/29/EC, as amended, regulations are also in place to prevent the
introduction of harmful forest pests and diseases. The regulations apply to wood, bark, chips,
particles, sawdust, wood waste and scrap.
It is important to note that the regulations also apply to wood packaging material in the form of
cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet
collars, dunnage, spacers, bearers, etc. in use in the transport of goods/objects of all kinds.
Depending on the country of origin and the commodity the regulations apply to all conifers
(Coniferales), and to oak (Quercus), maple (Acer saccharum), plane (Platanus), sweet chestnut
(Castanea), and poplar (Populus). Under Annex IV of Council Directive 2000/29/EC, special
requirements must be met depending on the species and the country of origin
In relation to wood as a commodity, tropical hardwoods species are normally not subject to plant
health controls, however wood packaging material made from tropical wood species is subject to
control. (see section below concerning wood packaging material).
A Phytosanitary Certificate is required for all material listed in Annex V of Council Directive
2000/29/EC, as amended. The importer must be formally registered with the Department of
Agriculture, Fisheries & Food and the importer is obliged to notify the Department in advance of
each importation of regulated material. The imported material is then subject to a phytosanitary
inspection and inspection fees may apply.


The following is a general summary of material that is subject to special requirements
under Council Directive 2000/29/EC:
Wood (normally including chips, particles, sawdust, wood waste and scrap):
       1. Coniferous - originating in all non EU countries
       2. Quercus - originating in the USA
       3. Platanus - originating in the USA or Armenia
       4. Populus - originating in countries of the American continent
       5. Acer saccharum - originating in the USA or Canada
       6. Castanea - originating in all non EU countries

Under Commission Decision 2002/757/EC, from 1 November 2002, special import controls were
introduced concerning wood of Acer macrophyllum, Aesculus californica, Lithocarpus
densiflorus and Quercus originating in the USA.

Isolated bark of:
             1. Conifers (Coniferales) - originating in any non EU country
              2. Castanea - originating in any non EU country




Prohibitions, Restrictions and Surveillance 13                              January 2009
              3. Acer saccharum (originating in North American countries), Populus
                 (originating in countries of the American continent), and Quercus other than
                 Quercus suber (originating in North American countries)
              4. Under Commission Decision 2002/757/EC, the importation is prohibited of
              isolated bark of Acer macrophyllum, Aesculus californica, Lithocarpus densiflorus
              and Quercus originating in the USA.


Note: Effective from 1 April 2009, the regulations will also apply to the importation of wood,
chips and bark of Fraxinus, Juglans mandshurica, Ulmus davidiana, Ulmus parvifolia and
Pterocarya rhoifolia originating in Canada, China, Japan, Mongolia, Republic of Korea, Russia,
Taiwan and USA.

Wood Packaging Material (pallets, crates, boxes etc):
Wood packaging material in the form of cases, boxes, crates, drums and similar packings, pallets,
box pallets and other load boards, pallet collars, dunnage, spacers, bearers, etc. in use in the
transport of goods/objects of all kinds is regulated under Annex IV of Council Directive
2000/29/EC, as amended.
Effective from 1 March 2005, wood packaging originating in any non EU country except
Switzerland and which is made from unprocessed raw wood of any species and which is used in
supporting, protecting or carrying goods, must be heat treated or fumigated in a specified manner.
In addition each unit of wood packaging material must be stamped with an officially approved
mark, verifying the treatment and incorporating a two-letter ISO country code and the identity
code of the producer of the packaging. These new requirements are based on the new
International Standard for Phytosanitary Measures No 15 (ISPM No 15), Guidelines for
regulating wood packaging material in international trade.

Note: Under Commission Directive 2008/109/EC, effective from 1 July 2009, wood packaging
material entering the EU must meet the following additional requirements concerning bark. The
wood packaging material shall be free from bark with the exception of any number of individual
pieces of bark if they are either less than 3 centimetres in width (regardless of the length) or, if
greater than 3 centimetres in width, of not more than 50 square centimetres in area.


For further information or advice on Section (c) Wood, Bark including, Wood Packaging
Material, please contact Forest Protection & FRM Section, Forest Service, Department of
Agriculture Fisheries and Food, Kildare Street, Dublin 2. Tel: 01 6072651, Fax: 01
6072545,            e-mail:           forestprotection@agriculture.gov.ie,        web:
www.agriculture.gov.ie/forestservice

     Potatoes
     Seed potatoes: Except in compliance with Council Directive 2000/29/EC (as amended)
     and Directive 2002/56/EC (as amended), which are administered by Department of
     Agriculture, Fisheries and Food (in fact, no seed potatoes of non-EU origin can meet the
     requirements for entry to Ireland).
      Potatoes other than seed Potatoes: Potatoes raw and unprocessed are prohibited from
      all non-EU countries except Algeria, Egypt, Cyprus, Egypt, Israel, Libya, Morocco,
      Switzerland, Syria, Tunisia and Turkey. Such potatoes originating in these non-EU
      countries must be inspected by an officer from the Department of Agriculture, Fisheries and




Prohibitions, Restrictions and Surveillance 14                               January 2009
      Food before being permitted to enter into free circulation in the EU. Potatoes of Egyptian
      origin are subject to additional stringent requirements.


      Cereal Seed of the second generation (C2 seed)- prohibited from all non-EU countries.
      [European Communities (Cereal Seed) Regulations 1987 (S.I. No. 217 of 1987).]


FRESH FRUIT AND VEGETABLES
Subject to the requirements of Commission Regulation (EC) 1148/2001 on Marketing Standards
applicable to Fresh Fruit and Vegetables, the following products imported from non-EU countries
are subject to production of a Certificate of Conformity prior to release for free circulation:
Apples and pears, apricots, artichokes, asparagus, aubergines, avocados, bananas, beans, Brussels
sprouts, cabbage, carrots, cauliflowers, celery, cherries, citrus fruit, courgettes, cucumbers, garlic,
hazelnuts in shell, kiwis, leeks, lettuce, curled and broadleaved endives, melons, onions, peaches
and nectarines, peas for shelling, plums, spinach, strawberries, sweet peppers, table grapes,
tomatoes, walnuts in shell, water melons, witloof chicory, cultivated mushrooms.
PESTICIDES
Plant protection products and Biocides
Except in compliance with Directives 1999/45/EC, 91/414/EEC and 98/8/EC which are
administered by the Department of Agriculture Fisheries and Food, the import, marketing and use
of plant protection products and biocides in Ireland are governed by the European Communities
Classification, Packaging and Labelling of Plant Protection Products and Biocidal Products
Regulations 2001 (CPL Regulations) (S.I. No. 624 of 2001), as amended the European
Communities (Authorisation, Placing on the Market, Use and Control of Plant Protection
Products) Regulations, 2003 (S.I. No. 83 of 2003 as amended and S.I. No 358 of 2003 as
amended and the European Communities (Authorisation, Placing on the Market, Use and Control
of Biocidal Products) Regulations, 2001 (S.I. No. 625 of 2001). Plant protection products
include herbicides, insecticides, fungicides, and plant growth regulators. Biocidal products
include antifoulant paints, wood preservatives, household and public health insecticides,
disinfectants, preservatives, rodenticides as well as embalming and taxidermist fluids. It is illegal
to import or market plant protection or biocidal products, which have not been notified to,
authorised, registered, cleared or granted a permission to market by the Department of
Agriculture, Fisheries and Food. A list of all plant protection products, which may be marketed
and used in Ireland is published annually by the Department of Agriculture Fisheries and Food
(e.g. Pesticides 2006). Importers of plant protection and biocidal products are required to submit
detailed information to the Department concerning importations. This can also be accessed on the
website of the Department of Agriculture Fisheries and Food www.pcs.agriculture.gov.ie.
Importers of plant protection and biocidal products are required to submit detailed information to
the Department concerning importations.

In accordance with the European Communities (Prohibition of Certain Active Substances in Plant
Protection Products) Regulations 1981 to 1990 (S.I. No. 320 of 1981, S.I. No. 237 of 1985, S.I.
No. 342 of 1987 and S.I. No. 339 of 1990), the import from non-EU countries, marketing and
use of plant protection products containing any of the following are prohibited:

(A)     Mercury Compounds:
      (1) mercuric oxide;
      (2)   mercurous chloride (calomel);
      (3)   alkoxyalkyl and aryl mercury compounds;




Prohibitions, Restrictions and Surveillance 15                                January 2009
(B)     Persistent Organochlorine Compounds:
      (4) aldrin;
      (5)     chlordane;
      (6)     dieldrin;
      (7)     DDT;
      (8)     endrin;
      (9)     HCH containing less than 99.0% of the gamma isomer (mixed isomer HCH)
              (BHC);
      (10) heptachlor;
      (11) hexachlorobenzene;
(C)     Other Compounds:
      (12) ethylene oxide;
      (13) nitrofen;
      (14) 1,2-dibromomethane;
      (15) 1,2-dichloroethane;
      (16) dinoseb, its acetate and salts;
      (17) binapacryl;
      (18) captafol;
      (19) dicofol containing less than 78% of the p.p‘ -dicofol or more than 1 g/kg DDT and
           DDT related compounds;
      (20) (a) maleic hydrazide and its salts, other than its choline, potassium and sodium
         salts;
              (b) choline, potassium and sodium salts of maleic hydrazide containing more than
              1 mg/kg of free hydrazine expressed on the basis of the acid equivalent;
      (21) quintozene containing more than 1 g/kg of HCB or more than 10 g/kg pentachloro-
           benzene;


In accordance with the European Communities (Dangerous Substances and Preparations)
(Marketing and Use) Regulations 2003 (S.I. No. 220 of 2003), the import from non-EU
countries, marketing and use of pesticides containing any of the following substances are
prohibited other than for the uses specified:




            SUBSTANCE                               PERMITTED PESTICIDAL /BIOCIDAL
                                                    USE
            Mercury compounds                       None
            Arsenic compounds                       None
            Organostannic compounds                 Antifouling paint on boats of an overall
                                                    length greater than 2 5 meters. Wood



Prohibitions, Restrictions and Surveillance 16                            January 2009
                                                 preservatives - professional use only
        Pentachlorophenol   containing           None
        more than 2mg/kghexachloro-
        Dibenzoparadioxin
        Pentachlorophenol containing less        Wood preservation - professional use only -
        than 2 mg/kg hexachloro-                 treated timber may not be used in buildings
        dibenzoparadioxin                        or containers for plant production or
                                                 packaging which may contaminate food or
                                                 feed


                                                 in situ and for buildings of cultural, artistic
                                                 and historical interest, or in emergencies, a
                                                 remedial treatment of timber and masonry
                                                 infected by dry rot fungus (Serpula
                                                 lacrymans) and cubic rot fungi.*


        Substances and preparations              may be used for wood treatment in industrial
        containing one or more of the            installations or by professionals covered by
        following substances:                    Community legislation on the protection of
                                                 workers for in situ retreatment only if they
                                                 contain:
        (a) creosote EINECS No 232-
        287-5 CAS No 8001-58-9                   benzo-a-pyrene at a concentration of less than
                                                 0.005% by mass
                                                 and water extractable phenols at             a
        (b) creosote oil EINECS No               concentration of less than 3% by mass.
        263-047-8 CAS No 61789-28-4


        (c)   distillates (coal  tar),
        naphthalene oils EINECS No
        283-484-8 CAS 84650-04-4


        (d) creosote oil, acenaphthene
        fraction EINECS No 292-605-3
        CAS No 90640-84-9


        (e) distillates (coal tar), upper
        EINECS No 266-026-1 CAS No
        65996-91-0


        (f) anthracene oil EINECS No
        292-602-7 CAS No 90640-80-5


        (g) tar acids, coal, crude EINECS



Prohibitions, Restrictions and Surveillance 17                          January 2009
        No 266-019-3 CAS No 65996-
        85-2


        (h) creosote, wood EINECS No
        232-419-1 CAS No 8021-39-4


        (i) low temperature tar oil,
        alkaline EINECS No 310-191-5
        CAS No 122384-78-5



* By way of special exception, the Minister for Agriculture, Fisheries and Food may on a case-
by-case basis, authorise professionals to carry out such specialised treatment.

        In accordance with the Poisons Regulations 1982 to 1991 (S.I. No. 188 of 1982, S.I. No.
       51 of 1983, S.I No. 349 of 1994, S.I. No. 424 of 1986, S.I. No. 353 of 1991) the sale or
       supply of strychnine, chlordane, chlordecone and reserpine, previously used as
       pesticides, is prohibited.
       In accordance with the Poisons (Prohibition of the use of Certain Substances for
       Agricultural Purposes) Regulations, 1991 (S.I. No. 361 of 1991), the use and storage of
       strychnine, chlordane, chlordecone and reserpine in agriculture is prohibited.


Emergency/ Safeguard Decisions:

Sudan Red:
 Commission Decision 2005/402/EC – emergency measures regarding chilli, chilli products,
curcuma and palm oil.

    The importation of chilli, chilli products, curcuma and palm oil is prohibited unless the
   consignment is accompanied by an original analytical report stating the product does not
   contain Sudan Red I, II, III or Scarlet Red or Sudan Red IV. Importations of such
   consignments are subject to appropriate checks by Environmental Health Officers (EHOs).




Aflatoxins:

Commission Decision 2006/504/EC, amended by 2007/479/EC; 2007/759/EC and 2007/563.
Also 2008/47/EC on approving pre-export checks for peanuts from the United States is relevant.

Products of concern:

The following products are subject to restrictive measures on importation into the Community
and may be imported into Ireland only at either Dublin Port or Shannon Airport. Importations of
such consignments are subject to appropriate checks by Environmental Health Officers (EHOs).



Prohibitions, Restrictions and Surveillance 18                          January 2009
Brazil Nuts and mixtures from Brazil
Peanuts from China,
Peanuts from Egypt,
Pistachios from Iran,
Figs, hazelnuts, pistachios and mixtures from Turkey.
Almonds and peanuts from the United States.



GM in Rice
Commission Decision 2006/601/EC, Amended by Commission Decision 2006/754/EC
Non-authorised genetically modified organism LL RICE 601 in rice products.
The importation of rice products from the USA is prohibited unless the consignment is
accompanied by an original analytical report. Importation of such consignments are subject to
appropriate checks by Enviromental Health Officers. (EHOs)


Commission Decision 2008/289/EC on unauthorised Bt 63 in rice products.

The importation of rice products from China is prohibited unless the consignment is accompanied
by an original analytical report. Importations of such consignments are subject to appropriate
checks by Environmental Health Officers (EHOs).


PCP and Dioxin:

Commission Decision 2008/352/EC on the import of guar gum from India.

The importation into the Community of Guar Gum from India is prohibited unless the
consignment is accompanied by an original analytical report. Importations of such
consignments are subject to appropriate checks by Environmental Health Officers (EHOs)




Non-food grade mineral oil:
Commission Decision 2008/388/EC on the import of sunflower oil from the Ukraine.

The importation into the Community of sunflower oil from the Ukraine is prohibited unless
accompanied by a valid certificate certifying the absence of unacceptable levels of mineral oil.
Importations of such consignments are subject to appropriate checks by Environmental Health
Officers (EHOs).


Melamine:
Commission Decision 2008/921/EC (amending 2008/798/EC).
 Import restrictions on products containing milk or milk products, soya or soya products and
ammonium bicarbonate imported from or originating in China due to the possible presence of
melamine.



Prohibitions, Restrictions and Surveillance 19                           January 2009
Prohibition
The importation into the Community of composite products containing 50% or more of milk and
milk products or soya or soya products originating in or consigned from China and intended for
the particular nutritional use of infants and young children is prohibited.

Restriction
The importation into the Community of the following products which originate in or are
consigned from China, is restricted:
 -composite products containing less than 50% of milk and milk products, or soya or soya
products,
 -ammonium bicarbonate intended for food or feed
Importations of these restricted products can only take place at Dublin Port, All such
consignments are subject to appropriate checks by Environmental Health Officers.


MISCELLANEOUS

HALLMARKS (ASSAY MARKS, ETC.)

In Ireland all items of gold, silver or platinum manufactured in or imported into Ireland
irrespective of their origin is subject to compulsory assay and hallmarking. They must bear
either:-
(1) an Irish hallmark;
(2) a Convention hallmark;
(3) An approved hallmark, which is deemed equivalent, applied by an Assay Office in another
EU Member State;
before being offered for sale.

All items of precious metal being imported - jewellery, watches, clocks, plate items (cutlery,
salvers, tea pots etc) are subject to a bonded warehousing entry. Once vat/duty is paid the
consignments are delivered direct to the Assay Office for Assay and Hallmarking (test and
certification) Goods up to standard are Hallmarked and passed on to the Importer. Substandard
goods are either marked down to the next lower standard or exported to the sender by the Assay
Office

The standards are as follows:
Gold – 375, 417, 585, 750, 833, 916, 990 & 999
Silver – 800, 925,958.4 & 999
Platinum – 850, 900, 950 & 999.

All standards of fineness are minimum standards with no minus tolerance.        There are no
exemptions by weight.

Address of Assay Office: Dublin Castle, Dublin 2. Telephone +353 1 4751286, Fax +353 1
4783838, E-mail hallmark@assay.ie




Prohibitions, Restrictions and Surveillance 20                         January 2009
CURRENCY NOTES, COIN - COUNTERFEIT AND IMITATION
False money, counterfeit sterling and imitation coin are prohibited to be imported from non-EU
countries (Revenue Act, 1889, Decimal Currency Act, 1969 and the Economic and Monetary
Union Act, 1998). Council Regulation (EC) No. 1338/2001 of 28 June 2001 lays down
measures necessary for the protection of the euro against counterfeiting. Criminal Justice (Theft
and Fraud Offences) Act, 2001. Counterfeits of Legal Tender Notes and of Consolidated
Bank Notes (Central Bank Act, 1942).


Controls on Cash Entering or Leaving the Community

Regulation (EC) No 1889/2005 of the European Parliament and of the Council introduced
controls on cash entering or leaving the Community. With effect from the 15th of June 2007,
individuals entering or leaving the European Community and carrying cash of a value of €10,000
or more are obliged to make a declaration to the Customs authority of the Member State through
which they arrive or depart.

For the purposes of this Regulation "cash" means: -
1.      currency (banknotes and coins that are in circulation as a medium of exchange);
2.      bearer-negotiable instruments including monetary instruments in bearer form such as
        travellers cheques, negotiable instruments (including cheques, promissory notes and
        money orders) that are either in bearer form, endorsed without restriction, made out to a
        fictitious payee, or otherwise in such form that title thereto passes upon delivery and
        incomplete instruments (including cheques, promissory notes and money orders) signed,
        but with the payee's name omitted.


Individuals entering or leaving the Community via an Irish port or airport must present a
completed declaration form to Customs. Customs may check the form and cash to ensure that the
amount declared is correct. The individual making the declaration may request a stamped copy
of the completed declaration.

Individuals travelling to or from the Isle of Man or the Channel Islands and carrying cash of a
value of €10,000 or more must also make a declaration.

Common Declaration Form
The declaration must be made on the Common Declaration Form, which has been adopted by and
may be used in a number of Member States of the Community.
The declaration form - C&E 1889 is also available from Customs offices at all ports and airports.
An Irish version of the declaration form is also available. Other EU language versions of the
declarations form are available on the Europa Website: -

http://ec.europa.eu/taxation_customs/customs/customs_controls/cash_controls/declaration_form/i
ndex_en.htm
Any person entering or leaving the EU and carrying cash of a value of €10,000 or more must
make a declaration to Customs at the port, airport or land frontier through which he/she enters or
leaves the community. If any person fails to make the declaration as required or submits an
incorrect or incomplete declaration the cash could be detained and he/she could be subject to
penalties. In order to check compliance with the Regulation, Customs can question any person
and search their baggage and their means of transport. Customs can also detain cash that has not
been declared. Failure to make the declaration as required or the making of an incorrect or



Prohibitions, Restrictions and Surveillance 21                            January 2009
incomplete declaration is an offence and a penalty of up to €5,000 can be imposed by the Courts.
See Statutory Instrument No. 281of 2007.

Dublin Airport
At Dublin Airport cash declarations can be made on departure in the same way as VAT Refunds
are certified i.e. the courtesy phone in the public area of the arrivals hall can be used to contact
the main Customs Office for service.

Cash Declarations on arrival should be made to Customs Officers in the Red Channel.

Shannon Airport.
At Shannon Airport outgoing passengers, who wish to make a cash declaration, should do so in
the Customs booth in the Transit Lounge. If the Customs booth is unattended, passengers should
put the declaration in the box provided.

Arriving passengers, who wish to make a cash declaration, should do so in the Customs Hall. If
Customs officers are not present, passengers should put their declaration in the post box provided.

Knock Airport.
At Knock Airport the cash declaration forms are available in the arrivals hall on the wall opposite
baggage belt No 1 in the baggage reclaim area.

In the departures area the declarations are available in the screening area at the entrance to the
departure lounge.

If Customs Officers are not present, passengers should place the completed declarations in the
post box which has been provided.

Other Airports and Ports.
Travellers entering or leaving the Community through other airports or ports and who are
required to make a cash declaration should contact the customs authorites at the specified port or
airport or contact International & Trade Security Branch , Nenagh – 067 63238 / 067 63299.

Further information may be obtained from International and Trade Security Branch, Customs
Division, Revenue Commissioners, Nenagh, Co. Tipperary.
E-mail: customsinternational@revenue.ie , or the European Commission website: -

http://ec.europa.eu/taxation_customs/customs/customs_controls/cash_controls/index_en.htm

Intra-Community Cash Controls
Please note that some Member States operate separate control and declaration provisions for
intra-community cash movements, which are applied in addition to the EU controls mentioned
above. The European Commission website gives background information and contains links to
the websites of individual Member States.


COPYRIGHT AND RELATED RIGHTS
Infringing copies of works and illicit recordings of performances, articles specifically designed or
adapted or used for making infringing copies of works or illicit recordings of performances and
protection-defeating devices are prohibited to be imported, from non-EU countries (Copyright
and Related Rights Act, 2000 (as amended)).




Prohibitions, Restrictions and Surveillance 22                              January 2009
COUNTERFEIT OR PIRATED GOODS
Council Regulation 1383/2003 Commission Regulation 1891/2004 and Commission Regulation
1172/2007, provide enhanced measures for Customs action against counterfeit and pirated goods
by improving procedures and extending their scope to new Intellectual Property Rights
(trademarks, design rights, copyrights or related rights). Statutory Instrument No. 344 of 2005
nominates the Office of the Revenue Commissioners as the competent authority in relation to
these Regulations. A Right Holder or a representative of a Right Holder may make an
application to Revenue to take action to prevent the import, export, re-export of goods suspected
of infringing on their Intellectual Property Rights when the goods are being imported from or
exported to any country outside of the European Union.

The Regulations also provide that where Customs, in the course of normal checks, encounter
goods that appear to be counterfeit or pirated, they may notify the Right Holder (where known) of
a possible infringement. In such cases the goods may be detained by Customs for a period of 3
working days to allow for the required application for action to be made by the Right Holder.
The application, when granted, is valid for a maximum period of 12 months and will not, in any
event, extend beyond the end of the period for which the right is validly registered.

'Counterfeit goods' means:

          Goods (including packaging) bearing, without authorisation, a trade mark which is
           identical to the trade mark validly registered in respect of the same type of goods, or
           which cannot be distinguished in its essential aspects from such trade mark, and
           which thereby infringes the rights of the holder of the trade mark in question under
           Community or Irish law.
          Any trade mark symbol (logo, label, sticker, brochure, instruction manual or
           guarantee document bearing a symbol), whether presented separately or not, in the
           same circumstances as the goods referred to above.
          Packaging materials bearing the trade marks of counterfeit goods presented separately
           in the same circumstances as the goods referred to above.

'Pirated goods' means goods which are (or embody) copies made without the consent of:

      The holder of the copyright or neighbouring rights, or of the holder of a design right,
       whether registered under national law or not; or

      A person duly authorised by the holder in the country of production, where the making of
       those copies infringes the right in question under Community or Irish law.

      ‗Patent Infringing Goods‘ means:

      Goods infringing, a patent under National law or a supplementary protection certificate
       (SPC) under EC law.

      'National or Community Plant Variety Rights‘ means:

      Plant variety rights provided for by National or EC law:




Prohibitions, Restrictions and Surveillance 23                             January 2009
      ‗Designations of Origin or Geographical Indications‘ means:

      ‗Designations of origin or geographical indications provided for by National or EC law.

      ‗Geographical Designations‘ means:

      ‗Geographical designations provided for by EC law.


Other counterfeit or pirated goods: Any mould or matrix which is specifically designed, or
adapted for the manufacture of a counterfeit trade mark or of goods bearing such a trade mark or
of pirated goods will be treated as counterfeit or pirated goods, as appropriate, provided that the
use of such moulds or matrices infringes the rights of the holder of a right under Community or
Irish law.

The provisions of the Regulations do not cover the following goods:
    Goods manufactured with the consent of the holder of a right but entered for free
      circulation, export, re-export or for another Customs procedure without his/her consent;
    Goods manufactured with the consent of the holder of a right which have been
      manufactured or bear a trade mark under conditions other than those agreed with the
      holder; or
    Goods of a non-commercial nature contained in travellers‘ personal luggage within the
      limits laid down in respect of relief from Customs duty;
    Goods in free circulation in the European Community moving between Member States.


Further information may be obtained from, and Right Holder applications may be made to:
The Office of the Revenue Commissioners, International & Trade Security Branch, Customs
Division, Government Offices, Nenagh, Co Tipperary. Phone: 00 353 67 63330/63238. E-mail:
customsinternational@revenue.ie

Prohibition of Importation of pharmaceutical products manufactured for export to
countries with public health problems

Regulation (EC) No 816/2006 provides measures for Customs Authorities to suspend the release
of, or detain, pharmaceutical products if there are sufficient grounds for suspecting that products
manufactured under a compulsory licence granted pursuant to the Decision and/or Regulation
(EC) No 816/2006 are being imported into the Community contrary to Article 13(1) of this
Regulation. Customs authorities shall suspend the release of, or detain, the products concerned
for the time necessary to obtain a decision of the competent authority on the character of the
merchandise.

Magnetic Toys -Warnings
The European Commission Decision 2008/329/EC of 21 April 2008 requires Member States
to ensure that magnetic toys placed or made available on the market display a warning
concerning potential health and safety risks. The Commission Decision, was made under
Article 13 of General Product Safety Directive 2001/95/EC and published in the Official
Journal on 26 April 2008- L114/90.

All toys containing magnets must carry a warning similar to the following




Prohibitions, Restrictions and Surveillance 24                              January 2009
―Warning! This toy contains magnets or magnetic components. Magnets sticking together
or becoming attached to a metallic object inside the human body can cause serious or fatal
injury. Seek immediate medical help if magnets are swallowed or inhaled,‖ or Member States are
required to ensure that as of 21 July 2008,magnetic toys which do not display the required
warning, are prohibited from being placed on the market,


DRUGS
Imports into the state from non-EU countries of certain specified controlled drugs including
narcotic drugs and psychotropic substances are prohibited except under licence issued by the
Minister for Health & Children (Misuse of Drugs Acts, 1977 to 2007, Misuse of Drugs
Regulations, 1988 (as amended) and the Misuse of Drugs (Scheduled Substances) Regulations,
1993). Further information may be obtained from the Department of Health & Children,
Hawkins House, Dublin 2. Telephone: (01) 635 4000, LoCall 1890 200 311, website:
www.dohc.ie

EXPLOSIVES, PYROTECHNICS, DEEMED SUBSTANCES
The importation of the following goods is prohibited except under licence issued by the Minister
for Justice, Equality and Law Reform (Department of Justice, Equality and Law Reform, 94 St.
Stephens Green, Dublin 2. Telephone (01) 6028202, LoCall 1890 221 227, website:
http://www.justice.ie.)

Explosive substances (e.g. propellant powders, bulk explosives used for mining, quarrying and
construction blasting), explosive articles (e.g. packaged explosives, detonating cord, jet
perforating guns, detonators, shaped charges, etc.), pyrotechnic substances (e.g. flash powder,
compositions used in flares and fireworks etc.), pyrotechnic articles (e.g. fireworks, flares, distress
signals, etc.), Substances deemed to be explosives (such as high nitrogen Ammonium Nitrate,
Sodium Chlorate, Nitro Benzene, Potassium Nitrate, Sodium Nitrate and any mixture or solution
containing either Potassium Nitrate or Sodium Nitrate in combination with any other substance
or substances, apart from pest fumigant. [Explosives Act, 1875, Explosive Substances Act 1883,
Explosives (Ammonium Nitrate and Sodium Chlorate) Order, 1972 (S.I. No. 191 of 1972),
Explosives (Nitro-Benzene) Order, 1972 (S.I. No. 233 of 1972), Explosive (Potassium Nitrate
and Sodium Nitrate) Order, 1986 (S.I. No 273 of 1986)].

FIREARMS AND AMMUNITION
The importation of firearms and ammunition is prohibited except (i) under licence issued by the
Minister for Justice, Equality and Law Reform (Department of Justice Equality and Law Reform,
94 St. Stephens Green, Dublin 2. Tel. (01) 6028202, LoCall 1890 221 227, website:
http://www.justice.ie .) or (ii) by the holder of a current firearm certificate in respect of the
firearm and ammunition to the quantity as specified on the firearms certificate.

For the purpose of this prohibition the term “firearm” means:

      a lethal firearm or other lethal weapon of any description from which any shot, bullet or
       other missile can be discharged,
     an air gun (including an air rifle and air pistol) with a muzzle energy greater than one
       joule or any other weapon incorporating a barrel from which any projectile
      can be discharged with such a muzzle energy,
     a crossbow,
     any type of stun gun or other weapon for causing any shock or other disablement to a
       person by means of electricity or any other kind of energy emission,



Prohibitions, Restrictions and Surveillance 25                                January 2009
           a prohibited weapon, [this means and includes any weapon of whatever description
            designed for the discharge of any noxious liquid, noxious gas or other noxious thing, and
            also any ammunition (whether for any such weapon or any other weapon) which contains
            or is designed or adapted to contain any noxious liquid, noxious gas or other noxious
            thing];
           any article which would be a firearm under any of the foregoing paragraphs but for the
            fact that, owing to the lack of a necessary component part or parts, or to
           any other defect or condition, it is incapable of discharging a shot, bullet or other missile
            or projectile or of causing a shock or other disablement, as the case may be,
           except where the context otherwise requires, any component part of any article referred to
            in any of the foregoing paragraphs and, without prejudice to the generality of the
            foregoing, the following articles shall be deemed to be such component parts:

 (1.) telescope sights with a light beam, or telescope
     sights with an electronic light amplification
     device or an infra-red device, designed to be fitted
     to a firearm specified in paragraph (a), (b),
     (c) or (e),

  (2) a silencer designed to be fitted to a firearm specified
     in paragraph (a), (b) or (e), and

  (3) any object—
      (I) manufactured for use as a component in connection
          with the operation of a firearm, and
    (II) without which it could not function as originally designed,
          and

           a device capable of discharging blank ammunition and to be used as a starting gun or
            blank firing gun, and includes a restricted firearm, unless otherwise provided or the
            context otherwise requires;


OFFENSIVE WEAPONS
The importation of Offensive Weapons listed in S.I. No. 66 of 1991 is totally prohibited.
[Firearms and Offensive Weapons Act, 1990 (No. 12 of 1990) and the Firearms and Offensive
Weapons Act, 1990 (Offensive Weapons) Order, 1991 (S.I. No. 66 of 1991)]. For the purposes
of this prohibition the term “offensive weapons” means:
(A)       a flick knife, that is to say -
             1. a knife which opens when hand pressure is applied to a button, spring, lever or other
             device in or attached to the handle, or
             2. a knife which has a blade which is released from the handle or sheath by the force of
             gravity or the application of centrifugal force and when released is locked in an open
             position by means of a button, spring, lever or other device;
(B)       a knuckleduster, that is to say -
             1. a band of metal or other hard material worn on one or more fingers, and designed to
                 cause injury, or
             2.any weapon incorporating a knuckleduster;




Prohibitions, Restrictions and Surveillance 26                                  January 2009
(C)   a swordstick or dagger cane, that is, a hollow walking-stick or cane containing a blade
         which may be used as a sword or dagger;
      a sword umbrella, that is an umbrella containing a blade which may be used as a sword;
(D)   any weapon from which one or more sharp spikes protrude which is worn attached to
        the foot, ankle, hand or wrist (sometimes known when intended to be attached to the
        foot, as a footclaw and, when intended to be attached to the hand, as a handclaw);
(E)   the weapon sometimes known as a belt buckle knife, being a buckle which incorporates or
         conceals a knife;
(F)   the weapon sometimes known as a push dagger, being a knife the handle of which fits
         within a clenched fist and the blade of which protrudes from between two fingers;
(G)   the weapon sometimes known as a hollow kubotan, being a cylindrical container
         containing a number of sharp spikes;
(H)      the weapon sometimes known as a shuriken, shaken or death star, being a hard non-
         flexible plate having three or more sharp radiating points, and designed to be thrown;
(I)   the weapon sometimes known as a balisong or butterfly knife, being a blade enclosed by
         its handle, which is designed to split down the middle, without the operation of a spring
         or other mechanical means, to reveal the blade;
(J) the weapon sometimes known as a telescopic truncheon or telescopic billy, being a
         truncheon which extends automatically by hand pressure applied to a button, spring or
         other device in or attached to its handle;
(K)   the weapon sometimes known as a blowpipe or blow gun, being a hollow tube out of
         which hard pellets or darts are shot by the use of human breath;
(L)   the weapon sometimes known as a kusari gama, being a length of rope, cord wire or chain
         fastened at one end to a sickle;
(M) the weapon sometimes known as a kyoketsu shoge, being a length of rope, cord, wire or
       chain fastened at one end to a hooked knife;
(N)   the weapon sometimes known as a manrikigusari or kusari being a length or rope, cord,
         wire or chain fastened at each end to a hard weight or hand grip;
(O)   the weapon sometimes known as a sap glove, being a glove into which metal or some other
         hard material has been inserted or to which metal or such material has been attached;
(Q)   the broad knife known as a machete or matchet.


FOOD IMITATIONS
The importation from non-EU countries of products which, although not foodstuffs, possess a
form, odour, colour, appearance, packaging, labelling, volume or size, such that it is likely that
consumers, especially children, will confuse them with foodstuffs and in consequence place them
in their mouths, or suck or ingest them, which might be dangerous and cause, for example,
suffocation, poisoning or the perforation or obstruction of the digestive tract is prohibited.
[Regulation 4 of the European Communities (Food Imitations) (Safety) Regulations, 1991].




Prohibitions, Restrictions and Surveillance 27                            January 2009
FOODSTUFFS (PREPACKED)
Certain pre-packed foodstuffs and other goods are prohibited unless packed or marked at the time
of importation in accordance with the terms of The Merchandise Marks (Pre-packed Goods)
(Marking and Quantities), Order, 1973 (as amended).



LOTTERY TICKETS, COUNTERFOILS AND COUPONS AND ANY DOCUMENT
CONTAINING ANY INFORMATION RELATING TO A LOTTERY.
The above, are prohibited to be imported from non-EU countries under the Gaming and Lotteries
Act, 1956. The prohibition does not apply to tickets or other matter relating to any sweepstake
promoted under the Public Hospitals Acts, 1933 to 1940, or relating to any lottery declared not to
be unlawful. For the purposes of this prohibition “lottery” includes all competitions for money
or money‘s worth involving guesses or estimates of future events or of past events the results of
which are not yet ascertained or not yet generally known.



MOLASSES, TREACLE, GOLDEN SYRUP, MALT, YEAST, HOPS, TREACLE MEAL
AND MOLASSINE MEAL
Importation is, in certain prescribed areas, subject to control by An Garda Siochana.



MEDICINAL PRODUCTS
   Regulation 19 of The Medicinal Products (Prescription and Control of Supply) Regulations
    2003, (S.I. 540 of 2003), as amended by The Medicinal Products (Prescription and Control
    of Supply) (Amendment) Regulations 2005 (S.I. 510 of 2005) prohibits supply by mail
    order of prescription only medicinal products.
    Regulation 3 of S.I. 142 of 1998 prohibits the import of medicinal products which do not
     have a Product Authorisation issued by the Irish Medicines Board or a Marketing
     Authorisation granted by the EMEA(Exemptions Regulation 4)
    Regulation 4 of the Medicinal Preparations (Wholesalers) Regulations, 1993, S.I. 39 of
     1993 provides that supply of medicines by wholesale be done in accordance with a valid
     Wholesaler‘s licence, issued, within the EU.
    Regulations 4 and 9 of the Medical Preparations (Labelling and Packaging) 1993, S.I. 71
     of 1993 requires that medicinal product for the Irish market must be accompanied with a
     product information leaflet in either the Irish or English language. The labelling must also
     be in the Irish or English language.
Further information may be obtained from the Department of Health & Children, Public Health
Division, Hawkins House, Dublin 2. Telephone (01) 6354000, LoCall 1890 20 03 11.

DRUG PRECURSORS
Council Regulation 111/2005 lays down rules for the monitoring of trade in drug precursors
between the EU and countries outside the Union. It requires that all imports - including
transhipment and intermediary activities involving drug precursors be documented by operators,
and that precursors be clearly identified as such. In addition, businesses trading in precursors
have to hold a licence or be registered. Commission Regulation 1277/2005, lays down detailed
implementing rules for Regulation 111/2005, in order to establish the necessary procedures
regarding licensing, and further detailed rules concerning the monitoring of trade.




Prohibitions, Restrictions and Surveillance 28                            January 2009
The import from countries other than Member States of the European Union of Category 1
precursor chemicals i.e. scheduled substances is prohibited except in accordance with an import
authorisation issued by the Minister for Health & Children - Telephone (01) 6354000; LoCall
1890 20 03 11, website: www.dohc.ie.

The scheduled substances concerned are -


Category 1 - Ephedrine, Ergometrine, Ergotamine, Lysergic acid, 1-Phenyl-2-propanone,
             Pseudoephedrine, Acetylanthranilic acid, 3, 4-Methylenedioxphgenylpropane-2-
             one, Norephedrine, Isosafrole (cis-trans), Piperonal and Safrole, their
             stereoisomeric forms and their.
Category 2 - Acetic anhydride, Anthranilic acid, Potassium Permanganate Commission
             Regulation (EC1232/2002), Phenylacetic acid and Piperidine and their salts.
Category 3 - Acetone, Ethyl ether, methylethylketone (MEK), Toluene, Sulphuric acid and
             Hydrochloric acid.

Note: Scheduled Substances mean the above substances including mixtures and natural
products containing such substances.
Further information may be obtained from the Department of Health & Children, Drugs Section,
Hawkins House, Dublin 2, www.dohc.ie.


DANGEROUS SUBSTANCES, PREPARATIONS AND ARTICLES

Restrictions:

Council Directive 76/769/EEC, as amended, relates to restrictions on the marketing and use of
certain dangerous substances and preparations. Its aim is to protect the environment, workers,
consumers and public health from certain dangerous substances and preparations, whilst
maintaining the proper functioning of the internal market. The Directive, its amendments and
adaptations have been transposed into Irish legislation through a number of statutory instruments.

As of 1st June 2009, Directive 76/769/EEC will be revoked and replaced by Title VIII and
Annex XVII of the REACH Regulation (EC) No. 1907/2006. All national statutory
instruments in relation to marketing and use restrictions will thus also be repealed from that date.
Under the REACH Regulation, ‗import shall be deemed to be placing on the market‘. Therefore,
all restrictions relating to the placing on the market of substances, preparations and articles listed
in Annex XVII of REACH, will be regarded as restrictions relating to the import of such
substances, preparations and articles.


OZONE DEPLETING SUBSTANCES (CHLOROFLUOROCARBONS,
HALONS, HYRDROCHLOROFLUOROCARBONS (HCFCs), ETC.)
EC Regulation 2037/2000 and its amendments (2038/2000, 2039/2000 and 1804/2003)
provides for the control of ozone depleting substances (ODS) within the EU. The Regulations are
directly enforceable and binding in Ireland on all persons involved in production, importation,
exportation, placing on the market, use, recovery, recycling, reclamation and destruction of
controlled substances defined under the Regulations. The terms ‗imports‘ and ‗exports‘ are
defined as the transport of goods across EU, rather than national boundaries. The definition of



Prohibitions, Restrictions and Surveillance 29                               January 2009
controlled substances is given in Article 2 of 2037/2000 and amended by 1804/2003. The
Environmental Protection Agency is the competent Authority for the implementation and
enforcement of the Regulation, as designated by the Control of Substances that Deplete the Ozone
Layer Regulations 2006 (S.I. No. 281 of 2006). Further information is available at
www.ozone.ie

Importers and Exporters of controlled substances must obtain import licences via the ODS
database on European Commission‘s website, based on the allocation of import quotas by the
European Commission.

http://europa.eu.int/comm/environment/ods/home/home.cfm

Used licence documents must be handed to Customs staff at the time of import, in order to satisfy
Customs reporting requirements to the European Commission. The following information should
be noted in respect of such importations:

   Release for free circulation in the Community or inward processing of controlled substances
    is subject to the presentation of an import licence; there are some restrictions with respect to
    inward processing (Article 6 (1) & 6(2)).
   Release for free circulation in the Community of controlled substances is subject to
    quantitative limits which are allocated only to (Article 7):
            o Methyl bromide and hydrochlorofluorocarbons
            o Controlled substances for essential or critical uses or for quarantine and pre-
                shipment applications
            o Controlled substances if used for feedstock or as processing agents
            o Recovered controlled substances for destruction by technologies approved by the
                parties to the Montreal Protocol.
   Imports of controlled substances and of products containing controlled substances from a
    State not party to the Montreal Protocol are prohibited (Articles 8 & 9).
   Imports of products produced using controlled substances from a State not party to the
    Montreal Protocol may be subject to certain rules (Article 10).

Prohibitions on importation
The importation, placing on the market and use of chlorofluorocarbons, other fully halogenated
chlorofluorocarbons,        halons,     carbon       tetrachloride,      1,1,1-trichloroethane,
hydrobromofluorocarbons, bromochloromethane is prohibited except for the following:
     Import for essential uses (Article 3 (1)) or if authorised for specific temporary uses
        (Article 4 (1)).

The importation, placing on the market or use of methyl bromide is prohibited after 31 December
2004 except for the following:
    Import for critical uses (Article 3(2(ii))
    Imports meeting quarantine and pre-shipment application levels (Article 4(2)(iii)).

The importation and placing on the market of products and equipment containing
chlorofluorocarbons, other fully halogenated chlorofluorocarbons, halons, carbon tetrachloride,
1,1,1-trichloroethane, hydrobromofluorocarbons, bromochloromethane is prohibited unless use of
controlled substance has been authorised or the products and equipment were manufactured
before 30 September 2000 (Article 4(6)).




Prohibitions, Restrictions and Surveillance 30                              January 2009
The importation and placing on the market of products and equipment containing
hydrochlorofluorocarbons are prohibited from the date the use restriction in the Regulation enter
into force. Products and equipment manufactured before the use restriction dates are not covered
by the prohibition. (Article 5(4)).

Quantitative Limits on importation
The importation, placing on the market and use of hydrochlorofluorocarbons is subject to strict
quantitative limits (Article 4(3) (ii)).

Derogations
The restrictions on the importation, placing on the market and use of controlled substances do not
apply in the following cases (Article 4(4)(i)):
    Placing on the market for destruction by technologies approved by the Parties to the
        Montreal Protocol
    Placing on the market and use for feedstock or as a processing agent, subject to
        quantitative limits, as required under Article 7.
    Placing on the market or used to meet the licensed requests for essential uses.

The use of hydrochlorofluorocarbons is permitted in the following cases (Article 5(2)):
    In laboratory uses, including research and development
    As feedstock
    As a processing agent.


PUBLIC MORALS
The importation from non-EU countries of indecent articles, publications, videos, etc. is
prohibited or restricted under the following legislation:
 Section 42 of the Customs Consolidation Act, 1876.
 Video Recordings Act, 1989
Censorship of Publications Acts, 1929, 1946 and 1967, as amended by the Health (Family
Planning) Act, 1979; and the Regulation of Information (Services outside the State for
Termination of Pregnancies) Act, 1995.



INDECENT OR OBSCENE PRINTS
The importation from non-EU countries of indecent or obscene prints, paintings, photographs,
books, cards, lithographs or other engravings, or any other indecent or obscene articles is
absolutely prohibited.

The word ―indecent‖ is to be construed as including suggestive of, or inciting to, sexual
immorality or unnatural vice or likely in any other similar way to corrupt or deprave.


BOOKS AND PERIODICAL PUBLICATIONS
Books and periodical publications which have been made the subject of Prohibition Orders under
the Censorship of Publications Acts, 1929 to 1967, as amended by the Health (Family Planning)
Act, 1979 and the Regulation of Information (Services Outside the State for Termination of
Pregnancies) Act, 1995, are prohibited to be imported from non-EU countries except under
permit issued by the Minister for Justice, Equality and Law Reform or any book which, in the
opinion of the examining officer ought to be examined by the Censorship of Publications Board.



Prohibitions, Restrictions and Surveillance 31                            January 2009
VIDEO RECORDINGS (MAGNETIC TAPE/DVD/CD-ROM)
The Video Recordings Act, 1989, makes provision for the control and regulation of the supply
and importation from non-EU countries of video recordings. The Act empowers the Official
Censor to prohibit the importation of certain video recordings.

The Act also empowers the Minister for Justice, Equality and Law Reform to issue a permit
authorising a specified person to import into the State a specified number of video recordings
containing a specified video work in respect of which a prohibition order is in force.

The Act, defines “video recording” as ―any disc or magnetic tape containing information by the
use of which the whole or a part of a video work may be produced‖. “Video work” is defined as
―any series of visual images (whether with or without sound) -
(a) produced, whether electronically or by other means, by the use of information contained on
any disc or magnetic tape, and
(b) shown as a moving picture‖.

(Thus, the provisions applicable to video recordings set out hereunder also apply to CD-
ROMs and DVDs (Digital Versatile Disks).


CHILD PORNOGRAPHY
The importation of Child Pornography from non-EU countries is prohibited under The Child
Trafficking and Pornography Act, 1998.


INDUSTRIAL PROTECTION
Quantitative Restrictions - Textiles
Imports between Ireland and Non-EU Countries

The WTO Agreement on Textiles and Clothing (ATC) expired on 31 December 2004. As a
consequence, from 1 January 2005, all quantitative quota licensing arrangements in relation to
textiles and clothing products from WTO member countries were abolished. However, following
the initiation of safeguard measures an agreement was made between the EU and China to
impose quantitative restrictions on imports of textile categories 2, 4, 5, 6, 7, 20, 26, 31, 39 and
115 until the end of 2007. Iron and steel products originating in specified non-EU countries will
also remain subject to Community quantitative restrictions. These products may only be imported
into the Community on the production of an import authorisation or equivalent document issued
by the competent authority in any Member State and which may be used in all Member States.
The competent authority for Ireland is the Minister for Enterprise, Trade & Employment. Further
information may be obtained from the Licensing Unit of the Department of Enterprise, Trade &
Employment at: Tel: (01) 631 2545/LoCall (1890) 220 222 or
(http://www.entemp.ie/trade/marketaccess/imports/index.htm).


RADIOACTIVE SUBSTANCES AND NUCLEAR DEVICES
The Radiological Protection Act, 1991 (Ionising Radiation) Order 2000, prohibits the
importation from non-EU countries of:
   (a)   radioactive substances
   (b)   nuclear devices



Prohibitions, Restrictions and Surveillance 32                             January 2009
save under an import licence issued by the Radiological Protection Institute of Ireland, 3
Clonskeagh Square, Dublin 14, established under the Radiological Protection Act, 1991 as the
agent of the Minister for the Environment and Local Government. The Institute may be
contacted at 01 – 269 7766, www.rpii.ie.


REVENUE – LETTER/PARCEL POST
Imports from Non EU Member States
Goods sent by letter or parcel post from non-EU Member States require a customs declaration in
the form of a CN22 or CN23 label.

STAMPS
The importation of fictitious stamps, and any die, plate, instrument or materials for making any
such stamps is prohibited. [Revenue Act,1898,S.1(1), Post Office Act,1908,S.65].

SURVEILLANCE
Community surveillance measures apply to textiles and textile garments, iron and steel products
originating in specified non-EU countries. These products may only be imported into the
Community on production of an import authorisation issued by the competent authority in the
Member State and which may be used in all Member States. The competent authority for Ireland
is the Minister for Enterprise, Trade & Employment. Further information may be obtained from
the Licensing Unit of the Department of Enterprise, Trade & Employment at: Tel: (01) 631
2545/LoCall (1890) 220 222 or (http://www.entemp.ie/trade/marketaccess/imports/index.htm).

TEA
The importation of tea from non-EU countries which is:

  (a)   unfit for human food;
  (b)   exhausted or mixed with other substances
is prohibited under the (Sale of Foods and Drugs Act, 1875).



TOBACCO
Unmanufactured tobacco may not be imported from non-EU countries unless by a licensed
manufacturer of tobacco products, without prior permission of the Revenue Commissioners.



TOBACCO PRODUCTS - ORAL/SMOKELESS
Oral/Smokeless tobacco products being products or substances made wholly or partly from
tobacco, which are intended for use, unlit, by being placed in the mouth and kept there for a
period, or by being placed in the mouth and sucked or chewed are prohibited to be imported from
non-EU countries. [Tobacco (Health & Children, Promotion and Protection) Act, 1988].




Prohibitions, Restrictions and Surveillance 33                           January 2009
TRADE RESTRICTIONS

Iran
The importation of goods and technology from Iran as referred to in Annex I of Council
Regulation No 423/2007 (as amended) is prohibited whether or not the goods originate in Iran.
Queries should be directed to Department of Enterprise, Trade & Employment 01 - 6312543

North Korea
The importation of goods and technology from North Korea as referred to in Annex I of Council
Regulation No 329/2007 is prohibited whether or not the goods originate in North Korea.
Queries should be directed to the Department of Enterprise, Trade & Employment 01-6312543

Burma / Myanmar
The importation of the following goods either originating in or exported from Burma is
prohibited as referred to in Annex I of Council Regulation (EC) 194/2008:
    Round logs, timber and timber products
    Coal and certain metals
    Precious and semi precious stones
Queries should be directed to the Department of Enterprise, Trade & Employment 01-
6312543.


GOODS WHICH MAY BE USED FOR TORTURE
The importation of goods as referred to in Annex II of Council Regulation No 1236/2005 is
prohibited regardless of the origin of the goods. Queries should be directed to the Department of
Enterprise, Trade & Employment Tel: 01 – 6312545/LoCall (1890) 220222.


WASTE (TRANSFRONTIER SHIPMENT)
Shipments of waste are subject to a range of regulatory controls.

Links to the EU and Irish regulations that apply, i.e.


    1. Waste Management (Shipments of Waste) Regulations 2007 (S.I. No. 419 of 2007);

    2. Regulation (EC) No. 1013/2006) of the European Parliament and of the Council of 14
       June 2006 on shipments of waste;

    3. Commission Regulation (EC) No. 1418/2007 concerning controls applicable to Non-
       OECD countries.

are given hereunder

            Waste Management (Shipment of Waste) Regulations 2007
            http://www.environ.ie/en/Publications/Environment/Waste/WasteManagement/FileD
            ownLoad,14662,en.pdf


            Commission Regulation EC No. 1013/2006




Prohibitions, Restrictions and Surveillance 34                           January 2009
           http://eurlex.europa.eu/LexUriServ/site/en/oj/2006/l_190/l_19020060712en000100
           98.pdf

           Commission Regulation EC No. 1418/2007
           http://eurlex.europa.eu/LexUriServ/site/en/oj/2007/l_316/l_31620071204en000600
           52.pdf

The controls that will apply to the international shipment of waste will depend on:



Firstly

    1. whether the waste is being sent for recovery or disposal - most shipments of waste for
       disposal are prohibited, and if they are allowed they are subject to notifications controls.
    2. if being moved for recovery, the type of waste – the European Waste Shipment
       Regulation (Regulation (EC) No. 1013/2006 – (See link above) contains several annexes
       specifying different types of hazardous and non hazardous waste.

Secondly

           1. the "status" of the countries of dispatch and destination - if the waste is being
              moved within the EU, the procedures are different from those that apply if it is
              being moved out of or into the EU or to and from Non-OECD countries.

International waste shipments to and from Ireland can be:

A-Prohibited - movements not allowed under any circumstances including :

    1. exports of hazardous waste to developing countries, even if moving for recovery

    2. imports of hazardous waste for disposal –as Ireland does not possess facilities for such
       types of disposal or subject to:

B-Notification controls –these apply to all permitted imports and exports of:
    1. hazardous waste moving for recovery
    2. any type of waste moving for disposal
    3. and to some imports and exports of non-hazardous wastes for recovery

Where these controls apply the written permission of Dublin City Council is needed before
moving the waste –consult the National TFS Office, Eblana House, Dublin City Council, 68-71
Marrowbone Lane, Dublin 8 Telephone (01) 2224235 . (Email: nationaltfs@dublincity.ie for
more details. In addition , shipments could be subject to

C-Green list controls - these are the lowest level of control and only ever apply to some (but not
all) imports or exports of non-hazardous waste for recovery. As and from 12 July 2008, the
person or company who arranges Green List waste shipments will be required to pre-notify the
National TFS Office of proposed shipments.




Prohibitions, Restrictions and Surveillance 35                             January 2009
All waste shipments are subject to the general requirements of the provisions of Regulation (EC)
1013/2006 on shipments of waste.

KIMBERLEY DIAMONDS CERTIFICATION SCHEME
Under Council Regulation 2368/2002 (as amended) imports into the Community of rough
diamonds are subject to the presentation of a Kimberley Process Certificate. Queries should be
directed to Department of Communications, Energy and Natural Resources 01 – 6782663.


WINES AND SPIRITS
Spirits (not being cordials, or perfumed or medicinal spirits) are prohibited, to be imported from
non-EU countries, unless in ships of at least 40 tons burden, and in casks or other vessels capable
of containing at least 9 gallons, or in bottles packed in cases, and unless duly reported.
Spirits imported across the Land Frontier or by air are not subject to restriction, as to capacity of
vehicle or aircraft, corresponding to the tonnage limit applying to imports by sea.
Wine in cask is prohibited to be imported from non-EU countries, except into approved ports or
approved airports.

WILDLIFE
ENDANGERED SPECIES
CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora)
is an international agreement between Governments. Its aim is to ensure that international trade
in specimens of wild animals and plants does not threaten their survival.

The Minister for the Environment, Heritage and Local Government is designated as the CITES
Management Authority in Ireland. The duties and functions of the Management Authority are
carried out by the National Parks and Wildlife Service of the Department of the Environment,
Heritage and Local Government, Ely Court, 7 Ely Place, Dublin 2. Telephone: (01) 888 3212 or
(01) 888 3074, website: www.npws.ie.

The CITES Scientific Authority in Ireland is the Research Branch of the National Parks and
Wildlife Service of the Department of the Environment, Heritage and Local Government, Ely
Court, 7 Ely Place, Dublin 2. Telephone: (01) 888 3288, www.npws.ie.


Council Regulation (EC) No. 338/97 and Commission Regulation (EC) No. 865/2006 contain
provisions designed to apply the Convention on International Trade in Endangered Species of
Wild Fauna and Flora (CITES) in the Community.

The Wildlife Acts, 1976 and 2000 prohibit the import or any attempt there at, of any specimen of
a species listed in the annexes (A, B, C and D) to the CITES Regulation 338/97 (as amended by
Commission Regulation (EC) No. 1332/2005 1 without the required valid permits or certificates,
or with forged, altered or otherwise fraudulent permits or certificates.

The importation from non-EU countries of any specimen of a species listed in Annexes A and B is
prohibited without the required valid permits or certificates issued by National Parks and Wildlife
Service of the Department of the Environment, Heritage and Local Government.




Prohibitions, Restrictions and Surveillance 36                               January 2009
The importation from non-EU countries of any specimen of a species listed in Annex C is
prohibited without the required valid import notification completed by the importer and a
valid export document (if the specimen originates from a country listed for that species in
Annex C) or a certificate of origin in other case. In the case of re-export, a re-export
document issued by the Management Authority of the re-exporting country is required.


The importation from non-EU countries of any specimen of a species listed in Annex D is
prohibited without the required valid import notification completed by the importer.
Under the Wildlife Acts, 1976 and 2000 and S.I. No. 375 of 2001: Wildlife (Import and Export
of Fauna and Flora) (Designation of Ports and Airports) Regulations, 2001, species covered
under the CITES Convention can only be imported from non-EU countries through the
designated ports or airports listed below:

 Live Animals        Live Plants            Timber                  Parts and Derivatives
 Dublin Airport      Dublin Airport         Dublin Seaport          Dublin Airport
 Shannon Airport     Shannon Airport        Cork Seaport            Shannon Airport**
                     Cork Airport           Drogheda Seaport        Cork Airport*
                     Dublin Seaport         Foynes Seaport          Dublin Seaport**
                     Cork Seaport           Greenore Seaport        Cork Seaport
                                            Limerick Seaport        Drogheda Seaport
                                            Wicklow Seaport         Foynes Seaport
                                                                    Greenore Seaport
                                                                    Limerick Seaport
                                                                    Wicklow Seaport
*Cork Airport is designated for parts and derivatives of plants only.
**Shannon Airport and Dublin Port are approved for parts and derivatives of animals only
WILD ANIMALS AND WILD BIRDS
Section 52, Wildlife Act, 1976, as amended by Section 56, Wildlife (Amendment) Act, 2000;
S.I. No. 296 of 1989: Wildlife Act, 1976, (Control of Importation of Wild Animals and Wild
Birds), Regulations, 1989.

The importation into the State from outside the European Union of a live wild animal, a live wild
bird or the eggs or spawn of a wild animal or a wild bird of any species is prohibited except under
and in accordance with a licence issued by National Parks and Wildlife Service of the
Department of the Environment, Heritage and Local Government Telephone (01) 888
3211/3210/3212. The Regulations do not apply to live fish or the eggs or young of fish.

TRAPS, SNARES AND NETS
Sections 32 and 34, Wildlife Act, 1976, as amended by Section 40 and 42, Wildlife
(Amendment) Act, 2000;
S.I. No. 620 of 2003: Wildlife Act (Approved Traps, Snares and Nets) Regulations, 2003.

Under Section 32(3) of the Wildlife Act, 1976 as amended by the Wildlife (Amendment) Act,
2000, it is an offence for a person to import into the State from outside the European Union, or
have in their possession a cannon-net, mist-net, rocket-net or similar appliance for taking or
trapping wild animals or wild birds they are the holder of a licence granted by National Parks and
Wildlife Service of the Department of the Environment, Heritage and Local Government (for
contact details see under ―WILD ANIMALS AND WILD BIRDS‖ above).


Prohibitions, Restrictions and Surveillance 37                             January 2009
The following traps, snares and nets are approved of for the purposes of Section 34(4) of the
Wildlife Act, 1976 (Approved Traps, Snares and Nets) Regulations, 2003:
(A) (1)     a cage or net trap designed to capture alive wild birds or wild animals; and
     (2) a spring trap which is not a gin trap and which is designed to secure either:
           - the immediate death, or
           - the immediate unconsciousness and subsequent death, without intervening
               consciousness, of wild birds or wild animals, which it is designed to trap;
(B)    a stop snare with a minimum length from nose to stop of 33 cm in case it is intended to
            snare foxes and 16.5 cm in case it is intended to snare rabbits and which complies
            with the following conditions:

       (1)   it incorporates a swivel to facilitate twisting,
       (2)   it is designed so that when it is used it will be securely tied to a fixed
            object, and
       (3) it is designed so that for the purpose of avoiding catching large animals             (for
             example deer, cattle or horses) by the leg when it is used, a jump bar           (i.e. a
             cross-bar at least 60cm above the ground and supported by a pair of             forked
             sticks fixed not less than 60cm apart) may also be used, and

 (C)    a net designed to capture wild birds and wild animals.

 (D)    a stopped body restraint which complies with the following conditions

       (1)   it is made of multi-strand steel wire 3 mm in width,
       (2)   it incorporates a swivel to facilitate twisting.
       (3)   it is of a minimum length of 80 cm and intended to trap badgers in accordance with a
             licence granted for that purpose to the Department of Agriculture, Fisheries and Food
             under section 23(6) of the Act of 1976 as amended by section 31(b) of the Act of
             2000,
       (4)   a metal runner is incorporated at one end of it which shall be 15mm by 3mm with 2
             holes 4mm in diameter, a stop, a swivel and a ―D‖ shackle; a ferrule is to act as the
             stop and shall be placed 32.5 cm from the end of the restraint to prevent strangulation
             of a limb or damage to other animals, and
       (5)   it is designed so that when it is used it will be securely tied to a fixed object.

It is an offence to import without a licence granted by National Parks and Wildlife Service of the
Department of the Environment, Heritage and Local Government, any trap, snare or net which is
not described at (a), (b) and (c) above.




FURSKINS
Council Directive 83/129/EEC of 28 March 1983 prohibits the importation into Member States
from non-EU countries of skins of certain seal pups and products derived there from ;

S.I. No. 274 of 1983: European Communities (Prohibition of Importation of Skins of Certain
Seal Pups and Related Products) Regulations, 1983 applies the above Directive in Ireland.




Prohibitions, Restrictions and Surveillance 38                                January 2009
The importation from non-EU countries, for commercial purposes, of raw furskins and furskins,
tanned or dressed, including furskins assembled in plates, crosses or similar forms:
- of white coat pups of harp seals;
- of pups of hooded seals (blue backs); and
- articles of the furskins referred to above;
is prohibited. The prohibition does not apply to products resulting from traditional hunting by the
Inuit people.

AQUACULTURE ANIMALS AND PRODUCTS
Aquaculture animals meaning live fish, crustaceans or molluscs coming from a farm including
those from the wild intended for a farm and aquaculture products meaning products derived from
aquaculture animals whether intended for farming such as eggs or gametes or for human
consumption are prohibited to be imported from non-EU countries except in compliance with the
provisions of European Communities (Aquaculture Animals and Fish) (Placing on the Market
and Control of Certain Diseases) Regulations 1996 (SI No 253 of 1996) transposing EC
Directives 91/67, 93/53 and 93/54 (as amended); and European Communities (Importation of
Fish from third countries) (S.I. No 548 of 2003) transposing EC Directive 97/78.
All enquiries should be made to Agriculture, Fisheries and Food, Coastal Zone Management
Division, Block C, Technology Park, Clonakilty, Co Cork, Telephone (01) 6782000, Fax 01
6783329

FISH
Live coldwater ornamental/aquarium fish (excluding tropical aquarium fish) pet fish and other
exotic species are prohibited to be brought in from non EU countries except under licence issued
by the Minister for Communications, Energy and Natural Resources [Live fish (Restrictions on
Import) Order 1972]. All imported fish must comply with EU requirements in relation to fish,
animal and human health. All enquires should be made to Inland Fisheries, Marine Leisure and
Research Section, Department of Communications, Energy and Natural Resources, Leeson
Lane, Dublin 2; Telephone: (01) 6782275/6782281, Fax: (01) 6782539.

CETACEAN PRODUCTS
Council Regulation (EEC) No. 348/81 of 20 January 1981 on common rules for imports of
whales or other cetacean products;
S.I. No. 7 of 1982: European Communities (Cetacean Products) (Regulation of Import)
Regulations, 1982.

The importation from non-EU countries of the products covered by the above named is subject to
the production of an import licence issued by National Parks and Wildlife Service of the
Department of the Environment, Heritage and Local Government (for contact details see under
―WILD ANIMALS AND WILD BIRDS‖ above):

-   Meat and edible meat offals of cetaceans, fresh, chilled or frozen;
-   Meat and edible offals, of cetaceans, salted, in brine, dried or smoked;
-   Whalebone and the like, unworked or simply prepared but not cut to shape, and hair and
    waste of these products;
-   Meat and meat offals of cetaceans, unfit for human consumption;
-   Fats and oils of cetaceans, whether or not refined;
-   Oils of cetaceans, boiled, oxidised, dehydrated, sulphurised, blown or polymerised by heat in
    vacuum or in inert gas, or otherwise modified;
-   Oils and fats of cetaceans, wholly or partly hydrogenated or solidified or hardened by any
    other process, whether or not refined, but not further prepared;



Prohibitions, Restrictions and Surveillance 39                             January 2009
-   Spermaceti, crude, pressed or refined, whether or not coloured;
-   Extracts and juices of the meats of cetaceans;
-   Flours and meals of the meat and offals of cetaceans, unfit for human consumption;
-   Leather treated with oil, whether or not modified, of whales or of other cetaceans.

All of the products listed below which have been treated with oil, whether or not modified, of
whales or of other cetaceans or which have been made from leather treated with such oil:

    -   Articles of leather; saddlery and harness; travel goods, handbags and similar containers;
    -   Furskins and the manufactures thereof;
    -   Footwear, gaiters and the like; parts of such articles.

No such licence will be issued in respect of products to be used for commercial purposes.




MOVEMENT OF GOODS FROM OTHER EU MEMBER STATES TO IRELAND

With the introduction of the Single Market on 1st January, 1993 changes were introduced
in relation to the application of certain prohibitions and restrictions in respect of the
movement of goods between Ireland and other EU Member States.

The movement of the following goods/animals to Ireland from Other EU Member States must be
effected in accordance with the relevant EU legislation most of which is administered by the
Department of Agriculture, Fisheries and Food, Agriculture House, Kildare Street, Dublin 2,
telephone (01) 6072000, LoCall 1890 20 05 10, www.agriculture.gov.ie or e-mail:
info@agriculture.gov.ie

Registration
A trader bringing in animals and/or products of animal origin from other EU Member States must
be registered with the Department of Agriculture Fisheries and Food, as provided for under the
European Communities (Trade in Animals and Animal Products) Regulations, 1994 (S.I. No.
289 of 1994) and the European Communities (Registration of Importers of Animal Products)
Regulations 2004 (S.I. 269 of 2004). For further information on registration, contact Import
Registration Section, Food Safety Liaison Division, Department of Agriculture, Fisheries and
Food, Kildare Street, Dublin 2, fax (01) 6072513 or telephone (01) 6072896.


ANIMALS

LIVE ANIMALS




Prohibitions, Restrictions and Surveillance 40                             January 2009
(A) Domestic cats & dogs (pets) - Any domestic cat or dog brought from any country or
territory other than Great Britain, Northern Ireland, the Channel Islands and the Isle of Man may
not be landed in the State unless one of the following applies:

       1. the animal is accompanied by a Pet Passport issued under Regulation (EC) No.
          998/2003 of the European Parliament and of the Council on the animal health
          requirements applicable to the non commercial movement of pet animal and
          evidencing compliance with the requirements of the Pet Passport system.

       2. the landing is authorised by an import licence granted by the Minister for Agriculture,
          Fisheries and Food under the Diseases of Animals Act, 1966 and the conditions
          inserted in the licence are duly complied with. (Importation of dogs and cats Orders
          1929-1970).
(B) Cattle, swine - Directive 64/432/EEC: These are prohibited to be brought in from other EU
    Member States except under General Authorisation or under a licence issued by The Minister
    for Agriculture, Fisheries and Food (see (b) on page 3 for further details).
(C) Equidae - Directive 90/426/EEC: These are prohibited to be brought in from other EU
   Member States except under General Authorisations issued under the European Communities
   (Diseases of Animals Acts 1966 and 1979 Orders) (General Authorisations for Imports)
   Regulations, 1985 (S.I. No. 365 of 1985).
   “Equidae” covers wild or domesticated animals of the equine (including zebras) or asinine
   species or the offspring of crossings of those species.
(D) Live poultry and hatching eggs - Directive 90/539/EEC: These are prohibited to be
brought in from other EU Member States except under General Authorisation or under a licence
issued by The Minister for Agriculture, Fisheries and Food (see (b) on page 3 for further details).
(E) Hobby Birds - Directive 92/65/EEC: These are prohibited to be brought in from other EU
    Member States except under General Authorisations issued under the European
    Communities (Diseases of Animals Acts 1966 and 1979 Orders) (General Authorisations for
    Imports) Regulations 1985 (S.I. No. 365 of 1985) (see (b) on page 4 for further details).
(F) Sheep and goats - Directive 91/68/EEC: These are prohibited to be brought in from other
    EU Member States except under General Authorisation or under a licence issued by The
    Minister for Agriculture, Fisheries and Food (see (b) on page 3 for further details).
(G) Certain specified animals brought from any country or place other than direct from
    Northern Ireland [Rabies (Importation, Landing and Movement of Animals) Orders, 1972
    and 1976.]

The bringing in from other EU Member States or the landing of any animal of the sixteen Orders
of Mammals specified in the relevant Statutory Instruments is prohibited save under and in
accordance with a licence granted in that behalf by the Minister for Agriculture, Fisheries and
Food under the Diseases of Animals Act, 1966. These Statutory Instruments apply to the Orders
of Mammals listed at 1 – 16 on pages 4 and 5.

BEES
Bees are prohibited to be brought in from other EU Member States, except in compliance with the
terms and conditions of Council Directive 92/65/EEC, which is administered by the Department
of Agriculture, Fisheries and Food. The bees must be accompanied by a health certificate.




Prohibitions, Restrictions and Surveillance 41                             January 2009
ANIMAL PRODUCTS

 The principal EU rules (and national measures) governing the animal and public health
requirements for intra-community trade in animal products are as follows:

       Food of Animal Origin:
       Council Regulations (EC) No.s 178/2002, 852/2004, 853/2004, 854/2004 and
       882/2004 as well as Council Directive (EC) No. 2004/41 (S.I. No 910 of 2005 entitled
       ‗European (Food and Feed Hygiene) Regulations‘) and Council Directive (EC) No.
       2002/99 (S.I. No.s 820 and 893 of 2004). Please note that food business operators must
       ensure that all stages of production, processing and distribution of food under their control
       must satisfy the relevant hygiene requirements laid down in these Regulations. This
       includes the obligation to be registered.
       Fish Products
       Fish products included under the above hygiene rules come under responsibility of the
       Sea Fisheries Protection Authority established under the Sea Fisheries and Maritime
       Jurisdiction Act 2006 (S.I. No. 8 of 2006) is an official agency in respect of the
       enforcement of food safety law for the purposes of the Food Safety Authority of Ireland
       Act 1998.
       Animal By-Products:
       Council Regulation (EC) No. 1774/2002 (S.I. No. 248 of 2003 entitled ‗the European
       Communities (Animal By-products) Regulations‘)

Commercial consignments as well as personal imports from EU countries may be brought into
Ireland provided that the products are sourced from an EU-approved establishment, are
appropriately wrapped and labelled in accordance with Community rules and are accompanied to
their destination by a commercial document or, when required a health certificate. The animal
product must not be the subject of a EU safeguard measure banning exportation due to animal
disease outbreak.


SAMPLES

The movement of samples of animal products for the purposes of research and development is
only permitted under licence. Further information, including application forms may be obtained
from Food Safety Liaison Division, Department of Agriculture, Fisheries and Food, Kildare
Street, Dublin 2, fax (01) 6072513 or telephone (01) 6072896. In the case of samples of fish
products application should be made to the Sea Fisheries Protection Authority, Clonakilty, Co
Cork, telephone (01) 6782000, fax (023) 59720. It is a condition of a sample licence that the
products cannot be placed on the market or used for human consumption and must be destroyed
or returned to the country of origin following use.


PATHOGENS

The movement of pathogens and pathogenic agents is only permitted under a licence issued under
SI. 373 of 1997 the Importation of Pathogenic Agents Order, 1997. Further information,
including application forms may be obtained from Food Safety Liaison Division, Department of
Agriculture, Fisheries and Food, Kildare Street, Dublin 2, fax (01) 6072513 or telephone (01)
6072896.



Prohibitions, Restrictions and Surveillance 42                             January 2009
ANIMAL REMEDIES (i.e. veterinary medicinal products)
Animal remedies are prohibited to be brought in from other EU Member States except under the
provisions of the Control of Animal Remedies and their Residues Regulations 1998 (S.I.
507/1998). The import of an animal remedy containing substances covered by the EU Hormone
Ban (Council Directive 96/22/EU) is prohibited. This includes stilbenes, stilbene derivatives,
thyrostatic substances, beta-agonists or a substance having an oestrogenic, androgenic or
gestagenic action.

For the purposes of the above ―animal remedy‖ has the meaning assigned to it on page 7.




REQUIREMENTS FOR PUREBRED BREEDING ANIMALS, THEIR SEMEN, OVA
AND EMBRYOS

Cattle:
Commission Decision 2005/379/EC lays down the requirements for pedigree certificates and
particulars for purebred breeding animals of the bovine species, their semen, ova and embryos.

Pigs:
Commission Decision 89/503/EEC lays down the requirements for certificates of pure-bred
breeding pigs, their semen, ova and embryos.

Commission Decision 89/506/EEC lays down the requirement of hybrid breeding pigs, their
semen, ova and embryos.

Sheep/goats:
Commission Decision 90/258/EEC lays down the requirements for zootechnical certificates for
pure- bred breeding sheep and goats, their semen, ova and embryos.

Horses:
Commission Decision 93/623/EC           establishes   the   identification   document (passport)
accompanying registered equidae.

Commission Decision 96/79/EC lays down the requirements for zootechnical certificates of
semen, ova and embryos from registered equidae.

Commission Decision 2000/68/EC establishes the identification document for non-pedigree
horses.


SEMEN AND EMBRYOS
The following semen and embryos, are prohibited, to be brought in from other EU Member
States:



Prohibitions, Restrictions and Surveillance 43                               January 2009
Of animals - except in compliance with Council Directive 90/425/EEC which is administered by
the Department of Agriculture, Fisheries and Food.

Of pure-bred breeding animals of the bovine species- except in compliance with Council
Directives 88/407/EEC (as amended), 89/556/EEC, 77/504/EEC (as amended) and 87/328/EEC
which are all administered by the Department of Agriculture, Fisheries and Food.

Bovine semen and embryos brought in from other EU Member States must be consigned to
collection and to storage centres approved by the Minister for Agriculture, Fisheries and Food.
Consignees of such products must give advance notification to the Minister for Agriculture and
Food stating the name and address of the establishment to which it is being consigned, the
anticipated arrival date and in the case of consignments from non-EU countries, their point of
entry. [European Communities (Trade in Bovine Breeding Animals, their Semen, Ova and
Embryos) Regulations, 1996 (S.I. No. 112 of 1996).]

Information in respect of other species can be obtained from the Department of Agriculture,
Fisheries and Food, Cavan, telephone 049-4368200 or LoCall 1890 200 508.

VACCINES
Under the provisions of the Diseases of Animals Act 1966 (Control on Animal and Poultry
Vaccines) Order 2002 as amended by the Diseases of Animals Act 1966 (Control on Animal and
Poultry Vaccines) (Amendment) Order 2003 and the Diseases of Animals Act 1966 (Control on
Animal and Poultry Vaccines) (Amendment) Order 2004, the following controls apply to certain
vaccines brought in from other EU Member States.


An import Prohibition in respect of vaccines for the following diseases:
                African horse sickness

                 African swine fever
                 Bovine leucosis
                 Contagious bovine pleuro-pneumonia
                 Foot and mouth disease
                 Infectious equine anaemia
                 Maedi visna
                 Rinderpest
                 Salmonellosis (caused by or involving salmonella enteriditis or
                 salmonella typhimurium) in poultry
                 Sheep pox
                 Swine vesicular disease

An import restriction under licence of the Minister for Agriculture, Fisheries and Food in respect
of vaccines for the following diseases:

                Bluetongue
                Brucellosis in ruminating animals and swine
                Equine encephalomyetitis



Prohibitions, Restrictions and Surveillance 44                             January 2009
                Equine viral arteritis
                Mycoplasma gallisepticum
                Fowl typhoid
                Avian influenza
                Infectious laryngo-tracheitis
                Johnes disease
                Mycoplasma gallisepticum
                Porcine respiratory and reproductive syndrome
                Pullorum disease, otherwise known as bacillary white diarrhoea
                (salmonella pullorum)
                Rift valley fever
                Swine fever
                Swine influenza
                Teschin fever
                Transmissible gastro-enteritis
                Tuberculosis in ruminating animals
                Aujeszky's disease (for non marker vaccines only)
                Infectious bovine rhinotracheitis ( for non marker vaccines only)
For national disease policy and management reasons, the list of the above diseases may be subject
to change and you are advised to contact the Department of Agriculture,Fisheries and Food,
Agriculture House, Kildare Street, Dublin 2, telephone (01) 6072000, LoCall 1890 20 05 10, (e-
mail: info@agriculture.gov.ie) in relation to importation of vaccines for such diseases.



WOOL
Wool as defined in the Importation of Wool Orders is prohibited to be brought in from other EU
Member States except in accordance with general authorisation or licence issued by the Minister
for Agriculture, Fisheries and Food under the European Communities (Diseases of Animals Acts,
1966 and 1979 Orders) (General Authorisation for Imports) Regulations, 1985 and the
Importation of Wool Order, 1946; Importation of Wool Order, 1946 (Amendment) Orders,
1947, 1954 and 1960.



BAGS AND WRAPPERS, ETC.
The following are prohibited to be brought in from other EU Member States except as indicated
below:
(A)    Bags and wrappers made from cloth of the prescribed pattern which have been previously
      used as containers for the carcases or parts of carcases of animals, unless such bags or
      wrappers at the time of importation contain the carcases or parts of the carcases of animals;
(B)    Carcases or part of the carcase of an animal from any country other than certain specified
      countries, in any bag or wrapper, unless such bag or wrapper is cloth of the prescribed
      pattern, stockinette or paper;
(C)    Farm goods packed in any box, crate, basket, sack, bag or other container, which, or any
      part of which, has been used for the packing of the carcase or part of the carcase of an
      animal, imported from any country other than certain specified countries; farm goods
      packed in any cloth of the prescribed pattern.



Prohibitions, Restrictions and Surveillance 45                             January 2009
General authorisation or licence issued by the Minister for Agriculture, Fisheries and Food is
required in accordance with the European Communities (Diseases of Animals Acts, 1966 and
1979 Orders) (General Authorisations for Imports) Regulations, 1985, and the Foot and Mouth
Disease (Imported Carcases and Packing Materials) Order 1938, as amended. Imports must
comply with Council Decision 79/542/EEC (as amended) which is administered by the
Department of Agriculture, Fisheries and Food, telephone 01-6072000 or Lo-call 1890 200 510
(www.agriculture.gov.ie or e-mail: info@agriculture.gov.ie ).



PLANTS AND PLANT PRODUCTS
Plants and plant products, organisms and cultures harmful to plants
Under Directive 25000/29/EU and the European Communities (Introduction of Organisms
Harmful to Plants or Plant Products (Prohibition) Regulation, 1980 (S.I. No.125 of 1980), as
amended, certain plants being introduced into Ireland from other Member States of the EU are
required to have valid plant passports attached (details are available from the Department of
Agriculture, Fisheries and Food, telephone 01-6072000 or Lo-call 1890 200 510 (e-mail:
info@agriculture.gov.ie). See also definitions of ―Plants‖ and ―Plant Products‖ on page 9.



WOOD, BARK ETC (INCLUDING WOOD PACKAGING MATERIAL SUCH AS
PALLETS, CRATES, BOXES ETC)

Under Council Directive 2000/29/EC, as amended, regulations are also in place to prevent the
importation of harmful forest pests and diseases into Ireland from other parts of the EU. The
regulations can apply to wood, bark, chips, particles, wood waste and scrap.
It is important to note that regulations also apply to coniferous wood packaging material in the
form of cases, boxes, crates, drums and similar packings, pallets, box pallets and other load
boards, pallet collars, dunnage, spacers, bearers, etc. in use in the transport of goods/objects
of all kinds.
        A valid Plant Passport is required for all material listed in Annex V of Council Directive
        2000/29/EC, as amended. A Plant Passport is not required for wood packaging material
        which is in use in the transport of goods/objects.

The following is a general summary of material which is subject to special requirements
under Council Directive 2000/29/EC:

Wood (normally including chips, particles wood waste and scrap):
      (A) Coniferous – originating in all EU Member States excluding wood which is bark free
      (B) Castanea - originating in all EU Member States excluding wood which is bark free
      (C) Platanus – originating in all EU Member States

Isolated bark:
          (A)      Conifers (Coniferales) - originating in all EU Member States
          (B)       Castanea - originating in all EU Member States



Wood Packaging Material (pallets, crates, boxes etc) made from coniferous wood




Prohibitions, Restrictions and Surveillance 46                            January 2009
Under Council Directive 2000/29/EC wood packaging material which is made from coniferous
wood and which is moved to Ireland from any other EU Member States is subject to control.
Wood packaging material made from coniferous wood in the form of cases, boxes, crates, drums
and similar packings, pallets, box pallets and other load boards, pallet collars, dunnage, spacers,
bearers, etc. in use in the transport of goods/objects of all kinds is normally required to be
completely stripped of bark.

For further information or advice on this section on wood, bark and wood packaging
material please contact Forest Protection & FRM Section, Forest Service, Department of
Agriculture, Fisheries and Food, Kildare Street, Dublin 2. Tel: 01 6072651, Fax: 01
6072545,email:forestprotection@agriculture.gov.ie,
web: www.agriculture.gov.ie/forestservice

POTATOES
Seed Potatoes: are prohibited to be brought in from other EU Member States except in
compliance with Directive 2000/29/EEC as amended and Directive 2002/56/EC (as amended),
which are administered by Department of Agriculture, Fisheries and Food (in fact, no seed
potatoes of non-EU origin can meet the requirements for entry to Ireland). The legislation
provides for prior notification of the introduction of seed potatoes from other Member States.
Further information may be obtained from Crop Production and Safety Division, Department of
Agriculture, Fisheries and Food, Block A, Maynooth Business Campus, Maynooth, Co Kildare,
telephone (01) 5053398, fax (01) 5053565 or email PotatoOnLine@agriculture.gov.ie .

Cereal Seed of the second generation (C2 seed): are prohibited, to be brought in from other
EU Member States. [European Communities (Cereal Seed) Regulations 1987 (S.I. No. 217 of
1987).]



PESTICIDES

Plant protection products and Biocides
Except in compliance with Directives 1999/45/EC, 91/414/EEC and 98/8/EC which are
administered by the Department of Agriculture, Fisheries and Food, the marketing and use of
plant protection products and biocides in Ireland are governed by various EU Regulations.
Details of the applicable regulations, products prohibited to be brought in from other EU Member
States and products which may only be brought in under authorisation issued by the Department
of Agriculture, Fisheries and Food are set out on pages 12 and 13.

AQUACULTURE ANIMALS AND PRODUCTS
Aquaculture animals meaning live fish, crustaceans or molluscs coming from a farm including
those from the wild intended for a farm and aquaculture products meaning products derived from
aquaculture animals whether intended for farming such as eggs or gametes or for human
consumption are prohibited to be brought in from other EU Member States except in compliance
with the provisions of European Communities (Aquaculture Animals and Fish) (Placing on the
Market and Control of Certain Diseases) Regulations 1996 (SI No 253 of 1996) transposing EC
Directives 91/67, 93/53 and 93/54 (as amended); and European Communities (Trade In Fish)
Regulations 1997 (SI No 191 of 1997) transposing EC Directives 89/662 and 90/425.




Prohibitions, Restrictions and Surveillance 47                             January 2009
All enquiries should be made to Seafood Policy & Development Division, Department of
Agriculture, Fisheries and Food, Coastal Zone Management Division, Block C, Technology
Park, Clonakilty, Co Cork, Telephone (01) 6782000, Fax 01 6783329

FISH
Live coldwater ornamental/aquarium fish (excluding tropical aquarium fish) pet fish and other
exotic species are prohibited to be brought in from other EU Member States except under licence
issued by the Minister for Communications, Energy and Natural Resources [Live fish
(Restrictions on Import) Order 1972]. All fish brought in must comply with EU requirements in
relation to fish, animal and human health. All enquires should be made to the Sea Fisheries
Protection Authority, West Cork Technology Park, Clonakilty, Co Cork, telephone (01)
6782000).
MISCELLANEOUS

CURRENCY NOTES, COIN - COUNTERFEIT AND IMITATION
False money, counterfeit sterling and imitation coin are prohibited, to be brought in from other
EU Member States (Revenue Act, 1889, Decimal Currency Act, 1969 and the Economic and
Monetary Union Act, 1998). Council Regulation (EC) No. 1338/2008 of 28 June 2001 laying
down measures necessary for the protection of the euro against counterfeiting. Criminal Justice
(Theft and Fraud Offences) Act, 2001. Counterfeits of Legal Tender Notes and of
Consolidated Bank Notes (Central Bank Act, 1942).

COPYRIGHT AND RELATED RIGHTS
Infringing copies of works and illicit recordings of performances, articles specifically designed or
adapted or used for making infringing copies of works or illicit recordings of performances and
protection-defeating devices are prohibited to be brought in from other EU Member States
(Copyright and Related Rights Act, 2000 as amended)).

DRUGS
Certain specified controlled drugs including narcotic drugs and psychotropic substances are
prohibited to be brought into the State from other Member States except under licence issued by
the Minister for Health & Children (Misuse of Drugs Acts, 1977 to 2007, Misuse of Drugs
Regulations, 1988 (as amended) and the Misuse of Drugs (Scheduled Substances) Regulations,
1993). Further information may be obtained from the Department of Health & Children,
Hawkins House, Dublin 2. Telephone: (01) 635 4000, LoCall 1890 200 311, website:
www.dohc.ie

EXPLOSIVES, PYROTECHNICS, DEEMED SUBSTANCES
The importation of the following goods is prohibited except under licence issued by the Minister
for Justice, Equality and Law Reform (Department of Justice Equality and Law Reform, 94 St.
Stephens Green, Dublin 2. Telephone (01) 6028202, LoCall 1890 221 227, website:
http://www.justice.ie.) :

Explosive substances (e.g. propellant powders, bulk explosives used for mining, quarrying and
construction blasting), explosive articles (e.g. packaged explosives, detonating cord, jet
perforating guns, detonators, shaped charges, etc.), pyrotechnic substances (e.g. flash powder,
compositions used in flares and fireworks etc.), pyrotechnic articles (e.g. fireworks, flares, distress
signals, etc.), Substances deemed to be explosives (such as high nitrogen Ammonium Nitrate,



Prohibitions, Restrictions and Surveillance 48                                January 2009
Sodium Chlorate, Nitro Benzene, Potassium Nitrate, Sodium Nitrate and any mixture or solution
containing either Potassium Nitrate or Sodium Nitrate in combination with any other substance
or substances, apart from pest fumigant. [Explosives Act, 1875, Explosive Substances Act 1883,
Explosives (Ammonium Nitrate and Sodium Chlorate) Order, 1972 (S.I. No. 191 of 1972),
Explosives (Nitro-Benzene) Order, 1972 (S.I. No. 233 of 1972), Explosive (Potassium Nitrate
and Sodium Nitrate) Order, 1986 (S.I. No 273 of 1986)].

Explosives: Requirements under S.I. No. 115 of 1995.
S.I. No.115 of 1995-European Communities (Placing on the market and Supervision of
Explosives for Civil Uses) Regulations, 1995 gives effect in national law to Council Directive
93/15/EEC of 5 April, 1993 on the harmonisation of the provisions relating to the placing on the
market and supervision of explosives for civil uses. Under the above legislation no explosives
may be imported into the State without a recipient competent authority document issued by the
Minister for Justice, Equality and Law Reform.

Intra-Community Movement
S.I. No.115 of 1995-European Communities (Placing on the market and Supervision of
Explosives for Civil Uses) Regulations, 1995 gives effect in national law to Council Directive
93/15/EEC of 5 April,1993 on the harmonisation of the provisions relating to the placing on the
market and supervision of explosives for civil uses. Under the above legislation no explosives
may be imported from or exported to another Member State of the EU except under the authority
of the Member States of import and export. The Department of Justice, Equality and Law
Reform is the competent Authority in the State.


FIREARMS AND AMMUNITION
The importation of firearms and ammunition is prohibited except (i) under licence issued by the
Minister for Justice, Equality and Law Reform (Department of Justice, Equality and Law
Reform, 94 St. Stephens Green, Dublin 2. Tel. (01) 6028202, LoCall 1890 221 227, website:
http://www.justice.ie.) or (ii) by the holder of a current firearm certificate in respect of the
firearm (Firearms Acts 1925 to 2000.) For the purposes of this prohibition the term ―Firearm‖
has the meaning assigned to it on pages 20 and 21.

Requirements under S.I. 362 of 1993
S.I. No 362 of 1993 European Communities (Acquisition and possession of weapons and
ammunition) Regulations, 1993, gives effect to Council Directive 91/477/EC on the control of
the acquisition and possession of weapons. Under the S.I., no firearms or ammunition may be
imported into the State from another E.U. State without an authorisation (―Article 11‖) from the
Minister for Justice, Equality & Law Reform.

Persons not normally resident in the State who wish to import firearms from another EU State for
holidays / sporting purposes do not require an ―Article 11‖ but do require a Firearms Certificate
issued by a Superintendent of the Gardai and a European Firearms Pass endorsed by the
Superintendent of the Gardai. These documents must be produced whenever so required by any
officer of Customs & Excise.

OFFENSIVE WEAPONS
The importation of Offensive Weapons listed in S.I. No.66 1991 is totally prohibited. [Firearms
and Offensive Weapons Act, 1990 (No. 12 of 1990) and the Firearms and Offensive Weapons
Act, 1990 (Offensive Weapons) Order, 1991 (S.I. No.66 of 1991)]. For the purposes of this
prohibition the term “offensive weapons” has the meaning assigned to it on pages 21 and 22.



Prohibitions, Restrictions and Surveillance 49                            January 2009
LOTTERY TICKETS, COUNTERFOILS AND COUPONS AND ANY DOCUMENT
CONTAINING ANY INFORMATION RELATING TO A LOTTERY
The above are prohibited to be brought in from other EU Member States (Gaming and Lotteries
Act, 1956). For the purposes of this prohibition ―lottery‖ includes all competitions for money or
money‘s worth involving guesses or estimates of future events or of past events the results of
which are not yet ascertained or not yet generally known.

MOLASSES, TREACLE, GOLDEN SYRUP, MALT, YEAST, HOPS, TREACLE MEAL
AND MOLASSINE MEAL

Movement of the above-mentioned products is, in certain prescribed areas, subject to control by
Garda Siochana.

BOOKS AND PERIODICAL PUBLICATIONS

Books and periodical publications which have been made the subject of Prohibition Orders under
the Censorship of Publications Acts, 1929 to 1967, as amended by the Health (Family Planning)
Act, 1979 and the Regulation of Information (Services Outside the State for Termination of
Pregnancies) Act, 1995, are prohibited to be brought in from other EU Member States except
under permit issued by the Minister for Justice, Equality and Law Reform or any book which, in
the opinion of the examining officer ought to be examined by the Censorship of Publications
Board.

Intra Community Movement

Indecent or obscene books and periodical publications are prohibited to be brought in from other
Member States of the EU under Section 42 of the Customs Consolidation Act, 1876 and,
accordingly, they are liable to seizure under Section 202 of the Customs Consolidation Act, 1876
irrespective of whether they are the subject of a Prohibition Order under Section 9 of the
Censorship of Publications Act, 1946.

Additionally, books and periodicals prohibited, to be imported from third countries under the
Censorship of Publications Acts are also prohibited to be brought in from other Member States of
the EU.

VIDEO RECORDINGS (MAGNETIC TAPE/DVD/CD-ROM)
The Video Recordings Act, 1989, makes provision for the control and regulation of the supply
and importation or bringing in of video recordings. The Act empowers the Official Censor to
prohibit the importation of certain video recordings.

The Act also empowers the Minister for Justice, Equality and Law Reform to issue a permit
authorising a specified person to import or bring into the State a specified number of video
recordings containing a specified video work in respect of which a prohibition order is in force.

The Act, defines “video recording” as ―any disc or magnetic tape containing information by the
use of which the whole or a part of a video work may be produced‖. “Video work” is defined as
―any series of visual images (whether with or without sound) -




Prohibitions, Restrictions and Surveillance 50                           January 2009
(a) produced, whether electronically or by other means, by the use of information contained on
any disc or magnetic tape, and
(b) shown as a moving picture‖.

Thus, the provisions applicable to video recordings set out hereunder also apply to CD-
ROMs and DVDs (Digital Versatile Disks).

Intra Community Movement

Video recordings brought in from other Member States of the EU are subject to the same
prohibitions as videos imported from non-EU countries and, accordingly, they are liable to
seizure under Section 202 of the Customs Consolidation Act, 1876.

CHILD PORNOGRAPHY
The bringing in of Child Pornography into the State from other EU Member States is prohibited
under The Child Trafficking and Pornography Act, 1998.

RADIOACTIVE SUBSTANCES AND NUCLEAR DEVICES
From a licensing point of view, i.e. under the scope of the Radiological Protection Act, 1991
(Ionising Radiation) Order (S.I. No. 125 of 2000), the practice of importation of radioactive
substances and nuclear devices does not apply to items being brought into Ireland directly from
OMS.

However, there is a system of notification in place for sealed sources as set out in Council
Regulation (Euratom) No 1493/93 on shipments of radioactive substances between Member
States. This regulation sets out the procedure to be followed when shipping sealed sources
between member states of the European Union and requires each sealed source entering Ireland to
be approved by the RPII using a Regulation 1493/93 transfrontier shipment form. The licensee
bringing the sealed source into Ireland is required to submit to the Institute the transfrontier
shipment form for approval, i.e. for stamping, for each shipment – in certain circumstances a
single 1493 form may cover multiple shipments of one or more sources and may be valid for up
to three years. The stamped form, is then, sent by the licensee to the supplier of the source in the
OMS. As soon as the source leaves the port of entry it falls within the remit of the RPII‘s
licensing system.


STAMPS
The bringing in from other EU Member States of fictitious stamps, and any die, plate, instrument
or materials for making any such stamps is prohibited. [Revenue Act,1898,S.1(1), Post Office
Act,1908,S.65].
TOBACCO
Unmanufactured tobacco may not be brought in from another EU Member States unless by a
licensed manufacturer of tobacco products, without prior permission of the Revenue
Commissioners.

TOBACCO PRODUCTS - ORAL/SMOKELESS
Oral/smokeless tobacco products, being products or substances made wholly or partly from
tobacco, which are intended for use, unlit, by being placed in the mouth and kept there for a
period, or by being placed in the mouth and sucked or chewed are prohibited to be brought in




Prohibitions, Restrictions and Surveillance 51                              January 2009
from other EU Member States. [Tobacco (Health & Children, Promotion and Protection) Act,
1988].
WILDLIFE

Endangered Species
CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora)
is an international agreement between Governments. Its aim is to ensure that international trade
in specimens of wild animals and plants does not threaten their survival.

The Minister for the Environment, Heritage and Local Government is designated as the CITES
Management Authority in Ireland. The duties and functions of the Management Authority are
carried out by the National Parks and Wildlife Service of the Department of the Environment
Heritage and Local Government, Ely Court, 7 Ely Place, Dublin 2. Telephone: (01) 888 3212 or
(01) 888 3074 Fax: (01) 888 3272.

The CITES Scientific Authority in Ireland is the Research Branch of the National Parks and
Wildlife Service of the Department of the Environment, Heritage and Local Government, Ely
Court, 7 Ely Place, Dublin 2. Telephone: (01) 888 3288, www.npws.ie


Council Regulation (EC) No. 338/97 and Commission Regulation (EC) No. 865/2006 contain
provisions designed to apply the Convention on International Trade in Endangered Species of
Wild Fauna and Flora (CITES) in the Community.


Intra-Community Movements
The movement within the Community of live specimens of a species listed in Annex A of the
Regulation, may be subject to prior authorisation (Internal Community trade or Certificate) from
the Management Authority of the Member State in which the specimen is located particularly if
the movement is taking place for commercial purposes. Exception, to the authorisation
requirement are made in a number of cases, e.g.:

       (A) the movement of live animals for the purpose of urgent veterinary treatment after
           which they are returned directly to their authorised location;
       (B) Worked antiques that pre-date 1947 and have not been significantly altered or
           restored;
       (C) Artificially propagated plants.

Internal trade in specimens of species listed in Annex B is deemed to be illegal if the specimens
were not obtained in accordance with the CITES Regulations. Where a live specimen of a species
listed in Annex B of the Convention is moved within the Community, the holder of the specimen
may relinquish it only after ensuring that the intended recipient is adequately informed of the
accommodation, equipment and practices required to ensure that the specimen in question will be
properly cared for.



EXPORTS TO NON-EU COUNTRIES

The products listed below are subject to prohibitions or restrictions on exportation from
Ireland to non-EU countries. The prohibitions or restrictions outlined below are


Prohibitions, Restrictions and Surveillance 52                            January 2009
implemented as a result of either national         or EU legislation     and are     referenced
accordingly.

AGRICULTURAL AND FOOD PRODUCTS
Common Agricultural Policy - General
Rules governing the Common Agricultural Policy of the European Economic Community
prohibit the exportation of certain agricultural goods to countries outside the Community
without a valid Community licence. The licenses are issued in Ireland by the Department of
Agriculture, Fisheries and Food, Agriculture House, Kildare Street, Dublin 2, telephone (01)
6072000, Lo Call 1890 200 510, www.agriculture.gov.ie or e-mail: info@agriculture.gov.ie , to
which any enquiries should be made. Similar licenses issued by the competent authorities in
Other Member States of the EC are valid for use in this country.

The goods concerned include certain products covered by common organisations of the markets,
established under EC Regulations, viz. cereals, rice, beef and veal, sugar, isoglucose, oils and
fats, milk and milk products.

With certain exceptions, entitlement to export refund under Commission Regulation (EC) No
800/1999, as amended, requires presentation of an export licence or certificate pursuant to the
provisions of Commission Regulation (EC) No 1291/2000, as amended. The Department of
Agriculture, Fisheries and Food offices in Johnstown Castle Estate, Wexford (Telephone 053-
9163400, LoCall 1890 200 509, issue these licences/certificates.



ANIMALS
LIVE ANIMALS (see also Semen and Embryos and Wildlife)
The export of live animals is prohibited except under general authorisation issued under the
European Communities (General Authorisations for Exports of Agricultural Products)
Regulations, 1992 (S.I. No. 266 of 1992) or, where appropriate, under a licence issued by the
Minister for Agriculture and Food in accordance with the Agricultural and Fishery Products
(Regulation of Export) Act, 1947. “Live animals” means cattle, swine, equidae, live poultry
and hatching eggs, sheep and goats (for definitions of ―equidae‖ and ―poultry‖ see page V).

PIGEONS LIVE
The export of live pigeons is prohibited to places other than Northern Ireland, except under
licence issued by the Minister for Agriculture, Fisheries and Food [Live Pigeons (Prohibition of
Export) Order, 1971]( S.I. No. 138 of 1971).

CAT & DOG FUR
With effect from 01/01/2009, and in accordance with Regulation (EC) No 1523/2007, the
exportation out of the Community of cat and dog fur and products containing such fur shall be
prohibited. Queries in this regard should be directed to the Animal Health and Welfare Section,
Department of Agriculture, Fisheries & Food 01 – 6072049



FRESH FRUIT AND VEGETABLES
Subject to the requirements of Commission Regulation (EC) 1148/2001 on Marketing Standards
applicable to Fresh Fruit and Vegetables, the following products may be subject to production of
a Certificate of Conformity prior to leaving the Community‘s customs territory:


Prohibitions, Restrictions and Surveillance 53                           January 2009
Almonds, apples and pears, apricots, artichokes, asparagus, aubergines, avocados, bananas,
beans, Brussels sprouts, cabbage, carrots, cauliflowers, celery, cherries, citrus fruit, courgettes,
cucumbers, garlic, hazelnuts, kiwis, leeks, lettuce, curly and escarole chicory, melons, onions,
peaches and nectarines, peas for shelling, plums, spinach, strawberries, sweet peppers, table
grapes, tomatoes, walnuts, water melons, witloof chicory, cultivated mushrooms.


ARCHAEOLOGICAL OBJECTS
The export of Archaeological objects is prohibited except under licence issued through the
National Museum of Ireland, Kildare Street, Dublin 2.          Telephone (01) 6777444,
(www.museum.ie ). (National Cultural Institutions Act, 1997 Section 50).


CONTROLS ON CASH ENTERING OR LEAVING THE COMMUNITY
Regulation (EC) No 1889/2005 of the European Parliament and of the Council introduced
controls on cash entering or leaving the Community. With effect from the 15th of June 2007,
individuals entering or leaving the European Community and carrying cash of a value of €10,000
or more are obliged to make a declaration to the Customs authority of the Member State through
which they arrive or depart.

For the purposes of this Regulation "cash" means: -
    (A) currency (banknotes and coins that are in circulation as a medium of exchange);
    (B) bearer-negotiable instruments including monetary instruments in bearer form such as
        travellers cheques, negotiable instruments (including cheques, promissory notes and
        money orders) that are either in bearer form, endorsed without restriction, made out to a
        fictitious payee, or otherwise in such form that title thereto passes upon delivery and
        incomplete instruments (including cheques, promissory notes and money orders) signed,
        but with the payee's name omitted.

Individuals entering or leaving the Community via an Irish port or airport must present a
completed declaration form to Customs. Customs may check the form and cash to ensure that the
amount declared is correct. The individual making the declaration may request a stamped copy
of the completed declaration.

Individuals travelling to or from the Isle of Man or the Channel Islands and carrying cash of a
value of €10,000 or more must also make a declaration.




COMMON DECLARATION FORM

The declaration must be made on the Common Declaration Form, which has been adopted by and
may be used in a number of Member States of the Community.
The declaration form - C&E 1889 is also available from Customs offices at all ports and airports.
An Irish version of the declaration form is also available. Other EU language versions of the
declarations form are available on the Europa Website: -
http://ec.europa.eu/taxation_customs/customs/customs_controls/cash_controls/declaration_form/i
ndex_en.htm



Prohibitions, Restrictions and Surveillance 54                                January 2009
Any person entering or leaving the EU and carrying cash of a value of €10,000 or more must
make a declaration to Customs at the port, airport or land frontier through which he/she enters or
leaves the community. If any person fails to make the declaration as required or submits an
incorrect or incomplete declaration the cash could be detained and he/she could be subject to
penalties. In order to check compliance with the Regulation, Customs can question any person
and search their baggage and their means of transport. Customs can also detain cash that has not
been declared. Failure to make the declaration as required or the making of an incorrect or
incomplete declaration is an offence and a penalty of up to €5,000 can be imposed by the Courts.
See Statutory Instrument No. 281of 2007.

Dublin Airport
At Dublin Airport cash declarations can be made on departure in the same way as VAT Refunds
are certified i.e. the courtesy phone in the public area of the arrivals hall can be used to contact
the main Customs Office for service.

Cash Declarations on arrival should be made to Customs Officers in the Red Channel.

Shannon Airport
At Shannon Airport outgoing passengers, who wish to make a cash declaration, should do so in
the Customs booth in the Transit Lounge. If the Customs booth is unattended, passengers should
put the declaration in the box provided.

Arriving passengers, who wish to make a cash declaration, should do so in the Customs Hall. If
Customs officers are not present, passengers should put their declaration in the post box provided.

Other Airports and Ports
Travellers entering or leaving the Community through other airports or ports and who are
required to make a cash declaration should contact the customs authorites at the specified port or
airport or contact International & Trade Security Branch , Nenagh – 067 63238 / 067 63299.

Further information may be obtained from International and Trade Security Branch, Customs
Division, Revenue Commissioners, Nenagh, Co. Tipperary.
E-mail: customsinternational@revenue.ie , or the European Commission website: -

http://ec.europa.eu/taxation_customs/customs/customs_controls/cash_controls/index_en.htm

INTRA-COMMUNITY CASH CONTROLS

Please note that some Member States operate separate control and declaration provisions for
intra-community cash movements, which are applied in addition to the EU controls mentioned
above. The European Commission website gives background information and contains links to
the websites of individual Member States.


COUNTERFEIT OR PIRATED GOODS
Council Regulation 1383/2003, Commission Regulation 1891/2004 and Commission
Regulation 1172/2007, provide enhanced measures for Customs action against counterfeit and
pirated goods by improving procedures and extending their scope to new Intellectual Property
Rights (trademarks, design rights, copyrights or related rights). Statutory Instrument No. 344 of
2005 nominates the Office of the Revenue Commissioners as the competent authority in relation



Prohibitions, Restrictions and Surveillance 55                              January 2009
to these Regulations. A Right Holder or a representative of a Right Holder may make an
application to Revenue to take action to prevent the import, export, re-export of goods suspected
of infringing on their Intellectual Property Rights when the goods are being imported from or
exported to any country outside of the European Union.

The Regulations also provides that where Customs, in the course of normal checks, encounter
goods that appear to be counterfeit or pirated, they may notify the Right Holder (where known) of
a possible infringement. In such cases the goods may be detained by Customs for a period of 3
working days to allow for the required application for action to be made by the Right Holder.
The application, when granted, is valid for a maximum period of 12 months and will not, in any
event, extend beyond the end of the period for which the right is validly registered.

'Counterfeit goods' means:
Goods (including packaging) bearing, without authorisation, a trade mark which is identical to
the trade mark validly registered in respect of the same type of goods, or which cannot be
distinguished in its essential aspects from such trade mark, and which thereby infringes the rights
of the holder of the trade mark in question under Community or Irish law;
Any trade mark symbol (logo, label, sticker, brochure, instruction manual or guarantee document
bearing a symbol), whether presented separately or not, in the same circumstances as the goods
referred to above;
Packaging materials bearing the trade marks of counterfeit goods presented separately in the
same circumstances as the goods referred to above.

'Pirated goods' means goods which are (or embody) copies made without the consent of:
The holder of the copyright or neighbouring rights, or of the holder of a design right, whether
registered under national law or not; or
A person duly authorised by the holder in the country of production, where the making of those
copies infringes the right in question under Community or Irish law.

‘Patent Infringing Goods’ means:
Goods infringing a patent under National law or a supplementary protection certificate (SPC)
under EC law.

‘National or Community Plant Variety Rights’ means:
Plant variety rights provided for by National or EC law.

‘Designations of Origin or Geographical Indications’ means:
Designations of origin or geographical indications provided for by National or EC law.

‘Geographical Designations’ means:
Geographical designations provided for by EC law.

Other counterfeit or pirated goods: Any mould or matrix which is specifically designed or
adapted for the manufacture of a counterfeit trade mark or of goods bearing such a trade mark or
of pirated goods will be treated as counterfeit or pirated goods, as appropriate, provided that the
use of such moulds or matrices infringes the rights of the holder of a right under Community or
Irish law.

The provisions of the Regulations do not cover the following goods:
Goods manufactured with the consent of the holder of a right but entered for free circulation,
export, re-export or for another Customs procedure without his/her consent;



Prohibitions, Restrictions and Surveillance 56                             January 2009
 Goods manufactured with the consent of the holder of a right which have been manufactured
  or bear a trade mark under conditions other than those agreed with the holder; or
 Goods of a non-commercial nature contained in travellers‘ personal luggage within the limits
  laid down in respect of relief from Customs duty;
 Goods in free circulation in the European Community moving between Member States.

Further information may be obtained from, and Right Holder applications may be made to:
        The Office of the Revenue Commissioners, International & Trade Security Branch,
        Customs Division, Government Offices, Nenagh, Co Tipperary. Phone: 00 353 67
        63330/63238. E-mail: customsinternational@revenue.ie

CULTURAL GOODS
The exportation of cultural goods is restricted under Council Regulation (EEC) No. 3911/92.
The Department of Arts, Sport and Tourism is the competent authority for the issuing of
licences/declarations relating to the export of cultural goods and does so while procuring
appropriate professional/technical advice from the relevant national cultural institution.
Applications to export cultural goods should be sent to the appropriate cultural institution i.e.

       National Gallery of Ireland, Upper Merrion Street, Dublin 2. Tel: (01) 6615133,
        (www.nationalgallery.ie ).
       National Library of Ireland, Manuscripts Department, Kildare Street, Dublin 2, Tel: (01)
        6030200, (www.nli.ie ).
       National Museum of Ireland, Kildare Street, Dublin 2, Tel: (01) 6777444,
        (www.museum.ie )

Declaration Forms, required when exporting cultural goods to non-EU countries, are issued by
the Department of Arts, Sport and Tourism (Cultural Institutions Unit).



DOCUMENTS AND PAINTINGS
The Documents and Pictures (Regulation of Export) Act, 1945 regulates the export of
documents and pictures with the object of preserving records of those, which are of national,
historical, genealogical or literary interest. The repeal of this Act, provided for under section 6(1)
of the National Cultural Institutions Act, 1997, has yet to be enabled. Licences required within
EU Member States are issued through the National Gallery of Ireland and the National Library of
Ireland – contact details as above.

For further information view Cultural Goods – Protection at www.dast.gov.ie or contact
the Cultural Institutions Unit, Department of Arts, Sport and Tourism, Fossa, Co. Kerry, tel:
0642 - 7355.



DRUGS
Exports from the State of certain specified controlled drugs including narcotic drugs and
psychotropic substances, are prohibited except under licence issued by the Minister for Health &
Children (Misuse of Drugs Acts, 1977 to 2007, Misuse of Drugs Regulations, 1988 (as
amended) and the Misuse of Drugs (Scheduled Substances) Regulations, 1993). Further
information may be obtained from the Department of Health & Children, Hawkins House,
Dublin 2. Telephone: (01) 635 4000, LoCall 1890 20 03 11, website: www.dohc.ie




Prohibitions, Restrictions and Surveillance 57                               January 2009
DUAL-USE ITEMS AND TECHNOLOGYExports between Ireland and non-EU countries

The Department of Enterprise, Trade and Employment, Earlsfort Centre, Lower Hatch Street,
Dublin 2, Tel: (01) 631 2121/ LoCall 1890 22 02 22 and Website www.entemp.ie administer
the following:
EU Council Regulation 1334/2000, as amended, subjects dual-use items and technology to
export controls. Dual-use items and technology are items, which can be used for either civil or
military purposes and are listed in Annex 1 to the Council Regulation. Dual use items and
technology subject to export control are divided into ten broad categories i.e.:

Cat. 0 Nuclear Materials, Facilities and Equipment
Cat. 1 Materials, Chemicals, Micro-organisms and Toxins
Cat. 2 Materials Processing
Cat. 3 Electronics
Cat. 4 Computers
Cat. 5 Telecommunications & Information Security
Cat. 6 Sensors and Lasers
Cat. 7 Navigation and Avionics
Cat. 8 Marine
Cat. 9 Aerospace and Propulsion

Exportation of listed items and technology outside the EU should be covered by either an
individual licence, a global licence or the Community General Export Authorisation (CGEA).
Exporters should contact the Export Licensing Unit of the Department of Enterprise, Trade and
Employment for further information at Tel: (01) 631 2541/ LoCall (1890) 220 222 or the
following website www.entemp.ie/export/dualuse.htmm
EXPLOSIVES, PYROTECHNICS, DEEMED SUBSTANCES
The exportation of the following goods is prohibited except under licence issued by the
Department of Enterprise, Trade and Employment (Tel: 01 - 631 2121, LoCall: 1890 220 222,
(www.entemp.ie)) under the Control of Exports Order, 2005 (S.I. No. 884 of 2005) ):
Explosive substances (e.g. propellant powders, explosives used for mining, quarrying and
construction blasting), explosive articles (e.g. packaged explosives, detonating cord, jet
perforating guns, detonators, shaped charges, etc.), pyrotechnic substances (e.g. flash powder,
compositions used in flares and fireworks etc.), pyrotechnic articles (e.g. fireworks, flares, distress
signals, etc.), Substances deemed to be explosives (such as high nitrogen Ammonium Nitrate,
Sodium Chlorate, Nitro Benzene, Potassium Nitrate, Sodium Nitrate and any mixture or
solution containing either Potassium Nitrate or Sodium Nitrate in combination with any other
substance or substances, apart from pest fumigant. [Explosives Act, 1875, Explosive Substances
Act 1883, Explosives (Ammonium Nitrate and Sodium Chlorate) Order, 1972 (S.I. No. 191 of
1972), Explosives (Nitro-Benzene) Order, 1972 (S.I. No. 233 of 1972), Explosive (Potassium
Nitrate and Sodium Nitrate) Order, 1986 (S.I. No 273 of 1986)].




Prohibitions, Restrictions and Surveillance 58                                January 2009
FIREARMS AND AMMUNITION
The exportation of firearms or ammunition is prohibited except under licence issued by the
Department of Enterprise, Trade and Employment (Tel: 01 - 631 2121, LoCall: 1890 220 222,
(www.entemp.ie) under the Control of Exports Order, 2005 (S.I. No. 884 of 2005) . The Order
does not apply to the exportation of privately owned firearms and ammunition legally imported
for a period of not more than 6 months by persons resident outside the E.U. or to firearms and
ammunition which are held by residents on foot of firearms certificates and which are being
exported outside the E.U. for use by their owners during a visit of not more than 6 months. All
exports of firearms and ammunition require an authorisation for export or removal issued by the
Superintendent of the Garda Siochana of the District from which the firearms are consigned. The
authorisation must be prominently displayed on the box, packet or parcel containing the firearm
or ammunition to which it relates.


OFFENSIVE WEAPONS
Offensive Weapons listed in S.I. No.66 1991 are prohibited in the State. [Firearms and Offensive
Weapons Act, 1990 (No. 12 of 1990) and the Firearms and Offensive Weapons Act, 1990
(Offensive Weapons) Order, 1991 (S.I. No.66 of 1991)]. For the purposes of this prohibition the
term “offensive weapons” has the meaning assigned to it on pages 21 and 22 . The export of any
weapon that could be considered to be an offensive weapon e.g. a sword, may be subject to
clearance from the competent authority of the recipient country.



FOOD IMITATIONS.
The exportation of products which, although not foodstuffs, possess a form, odour, colour,
appearance, packaging, labelling, volume or size, such that it is likely that consumers, especially
children, will confuse them with foodstuffs and in consequence place them in their mouths, or
suck or ingest them, which might be dangerous and cause, for example, suffocation, poisoning or
the perforation or obstruction of the digestive tract. [Regulation 4 of the European Communities
(Food Imitations) (Safety) Regulations, 1991].

LOTTERY TICKETS, COUNTERFOILS AND COUPONS AND ANY DOCUMENT
CONTAINING ANY INFORMATION RELATING TO A LOTTERY -(GAMING AND
LOTTERIES ACT, 1956).
Any money for the purchase of, or any money representing the purchase or, a ticket or chance in a
lottery or a prize won in a lottery; any document relating to the purchase or sale of, or indicating
the identity of the holder of, any such ticket or chance (Gaming and Lotteries Act, 1956).

The prohibition does not apply to any documents printed in the State for the promoters of
a lottery promoted and conducted wholly outside the State. For the purpose of the
prohibition “lottery” includes all competitions for money or money‘s worth involving guesses or
estimates of future events or of past events the result of which are not yet ascertained or not yet
generally known.



MILITARY GOODS AND PARAMILITARY GOODS
Exports between Ireland and Non EU Member States.
The Control of Exports Order, 2005 made pursuant to the Control of Exports Act, 1983 contains
a specific list of military and paramilitary goods, which may not be exported from Ireland without



Prohibitions, Restrictions and Surveillance 59                              January 2009
an export licence issued by the Department of Enterprise, Trade and Employment. Details of
military and paramilitary goods and export procedures are available on the Departments website
at: www.entemp.ie/export/military.htm or Tel: (01) 631 2541/ LoCall: (1890) 220 222.

DANGEROUS SUBSTANCES, PREPARATIONS AND ARTICLES

Regulation (EC) No. 689/2008, which replaces Regulation 304/2003 came into effect in June
2008, This Regulation imposes restrictions on the exportation of dangerous chemicals. In Ireland
the Designated National Authority (DNA) for the implementation of this Regulation is:
The Health and Safety Authority (HSA), Chemicals Policy and Services,
Hebron House,
Hebron Road,
Kilkenny;
Tel 056 770 5900, Fax 056 778 6199, e-mail export_import@hsa.ie, website
http://www.hsa.ie/eng/.

The DNA for pesticides is the Pesticides Control Service, Department of agriculture and Food
Laboratories, Backweston Campus, Young‘s Cross, Celbridge, Co. Kildare; Tel 01 615 7552,
Fax 01 6157575, website www.pcs.agriculture.gov.ie
 In accordance with this Regulation Reference Identification Numbers (RINs) will be issued by
the Health & Safety Authority to exporters of specified restricted chemicals. which are listed in
Annex I of the Regulation. The RIN should be included in Box 44 of the Single Administrative
Document (SAD). Exports of restricted of Regulation 698/2008 chemical listed in Annex I will
not be allowed to proceed unless the RIN has been verified to confirm compliance with the
obligations to which it relates.

Chemicals listed in Annex V of the Regulation are prohibited to be exported.


During the first quarter of each year, exporters of Annex I chemicals must inform the DNA
regarding the quantities exported the previous year to importing countries outside of the EU.
Such quantities may be of the substance as it appears in Annex I, or the substance as contained in
preparations or articles.

OZONE DEPLETING SUBSTANCES (CHLOROFLUOROCARBONS, HALONS,
HYRDROCHLOROFLUOROCARBONS (HCFCs), ETC.)
Although there are no quotas allocated for export of controlled substances, exporters must request
an Export Authorisation Number (EAN) from the European Commission for each export. As
with imports, used EAN documents must be handed to Customs at time of export, in order to
satisfy Customs‘ reporting requirements to the European Commission.

   Exports from the Community of chlorofluorocarbons, other fully halogenated
    chlorofluorocarbons,        halons,      carbon      tetrachloride,     1,1,1-trichloroethane,
    hydrobromofluorocarbons, bromochloromethane, or products and equipment, other than
    personal effects, containing those substances or whose continuing function relies on supply of
    those substances is prohibited. Exemptions to this are detailed in Article 11 (1) and as
    amended by Regulation 2038/2000 and 1804/2003.
   Exports of methyl bromide and hydrochlorofluorocarbons to any State not party to the
    Montreal Protocol are prohibited (Articles 11 (2) & (3)).




Prohibitions, Restrictions and Surveillance 60                             January 2009
     Exports from the Community of controlled substances are subject to authorisation (Article
      12).

The use restrictions on hydrochlorofluorocarbons do not apply to their use for the production of
products for export to countries where their use in those products is still permitted up to 31
December 2009 (Article 5(5)).

DRUG PRECURSORS
Council Regulation 111/2005 lays down rules for the monitoring of trade in drug precursors
between the EU and countries outside the Union. It requires that all exports - including
transhipment and intermediary activities involving drug precursors be documented by operators,
and that precursors be clearly identified as such. In addition, businesses trading in precursors
have to hold a licence or be registered. Commission Regulation 1277/2005, lays down detailed
implementing rules for Regulation 111/2005, in order to establish the necessary procedures
regarding licensing, and further detailed rules concerning the monitoring of trade.
The export to countries other than Member States of the European Union of Category 1 and
Category 2 precursor chemicals i.e. scheduled substances is prohibited except in accordance with
an export authorisation issued by the Minister for Health & Children - Telephone (01) 6354000;
LoCall 1890 20 03 11, website: www.dohc.ie.



RADIOACTIVE SUBSTANCES AND NUCLEAR DEVICES
The Radiological Protection Act, 1991 (Ionising Radiation) Order, 2000 (SI No. 125 of 2000)
prohibits the exportation to non-EU countries of:
(a)    radioactive substances
(b)    nuclear devices
save under an export licence issued by the Radiological Protection Institute of Ireland, 3
Clonskeagh Square, Dublin 14, established under the Radiological Protection Act, 1991 as the
agent of the Minister for the Environment and Local Government. The Institute may be
contacted at 01 – 269 7766, www.rpii.ie.



TRADE RESTRICTIONS


BURMA / MYANMAR
The sale, supply or transfer of technical assistance; the sale, supply, transfer or export of
equipment that might be used for internal repression and the provision of finance relating to
military activities, in respect Burma/Myanmar, is prohibited (Council Regulation (EC) No.
817/2006). All queries should be directed to the Licensing Unit of the Department of Enterprise,
Trade & Employment at: Tel: (01) 631 2545.


IRAN
The sale, supply, transfer or export, directly or indirectly to Iran, of the goods and technology as
referred to in Annex 1 of Council Regulation (EC) No 423/2007 (as amended) is prohibited.




Prohibitions, Restrictions and Surveillance 61                               January 2009
NORTH KOREA
The sale, supply, transfer or export, directly or indirectly to the Democratic People‘s Republic of
Korea (North Korea), of the goods and technology (including software) as referred to in Annex I
and Annex III of Council Regulation (EC) No.329/2007 is prohibited.


ARMS EMBARGOES/ EXPORT RESTRICTIONS
 Arms embargoes/export restrictions apply in respect of the following countries: Armenia,
Azerbaijan, Bosnia-Herzegovina, Burma/Myanmar, China, Democratic Republic of Congo, Iraq,
Ivory Coast, Lebanon ,Liberia, Nagorno-Karabakh (Armenia and Azerbaijan), North Korea,
Rwanda, Sierra Leone, Somalia, Sudan, Uzbekistan and Zimbabwe.
An arms embargo/restriction also applies to persons and entities associated with Usama bin
Laden, the Al-Qaida network and the Taliban (Council Regulation (EC) No. 881/2002).
This information is also available on the Department of Enterprise, Trade and Employment‘s
website (http://www.entemp.ie/export/trade.htm


GOODS WHICH MAY BE USED FOR TORTURE
The exportation of goods as referred to in Annex II of Council Regulation No 1236/2005 is
prohibited regardless of the origin of the goods. Queries should be directed to the Department of
Enterprise, Trade & Employment Tel: 01 - 6312534



WASTE (TRANSFRONTIER SHIPMENT)

Shipments of waste are subject to a range of regulatory controls.

Links to the EU and Irish regulations that apply, i.e.


       Waste Management (Shipments of Waste) Regulations 2007 (S.I. No. 419 of 2007);

       Regulation (EC) No. 1013/2006) of the European Parliament and of the Council of 14
        June 2006 on shipments of waste;

       Commission Regulation (EC) No. 1418/2007 concerning controls applicable to Non-
        OECD countries.

are given hereunder

            Waste Management (Shipment of Waste) Regulations 2007
            http://www.environ.ie/en/Publications/Environment/Waste/WasteManagement/FileD
            ownLoad,14662,en.pdf


            Commission Regulation EC No. 1013/2006
            http://eurlex.europa.eu/LexUriServ/site/en/oj/2006/l_190/l_19020060712en000100
            98.pdf

            Commission Regulation EC No. 1418/2007




Prohibitions, Restrictions and Surveillance 62                              January 2009
              http://eurlex.europa.eu/LexUriServ/site/en/oj/2007/l_316/l_31620071204en000600
              52.pdf

The controls that will apply to the international shipment of waste will depend on:



Firstly
          (1) whether the waste is being sent for recovery or disposal - most shipments of waste for
              disposal are prohibited, and if they are allowed they are subject to notifications
              controls.
          (2) if being moved for recovery, the type of waste – the European Waste Shipment
              Regulation (Regulation (EC) No. 1013/2006 – (See link above) contains several
              annexes specifying different types of hazardous and non hazardous waste.




Secondly

          (1) the "status" of the countries of dispatch and destination - if the waste is being moved
              within the EU, the procedures are different from those that apply if it is being moved
              out of or into the EU or to and from OECD countries.

International waste shipments to and from Ireland can be:

1-Prohibited - movements not allowed under any circumstances including :
         exports of hazardous waste to developing countries, even if moving for recovery

         imports of hazardous waste for disposal –as Ireland does not possess facilities for such
          types of disposal or subject to:

2-Notification controls –these apply to all permitted imports and exports of:
         hazardous waste moving for recovery
         any type of waste moving for disposal
         and to some imports and exports of non-hazardous wastes for recovery

Where these controls apply the written permission of Dublin City Council is needed before
moving the waste –consult the National TFS Office, Eblana House, Dublin City Council, 68-71
Marrowbone Lane, Dublin 8 Telephone (01) 2224235 . (Email: nationaltfs@dublincity.ie for
more details. In addition , shipments could be subject to

3-Green list controls - these are the lowest level of control and only ever apply to some (but not
all) imports or exports of non-hazardous waste for recovery. As and from 12 July 2008, the
person or company who arranges Green List waste shipments will be required to pre-notify the
National TFS Office of proposed shipments.




Prohibitions, Restrictions and Surveillance 63                               January 2009
All waste shipments are subject to the general requirements of the provisions of Regulation (EC)
1013/2006 on shipments of waste.


KIMBERLEY DIAMONDS CERTIFICATION SCHEME
Under Council Regulation, 2368/2002 (as amended) exports of rough diamonds to countries
outside the Community are subject to the presentation of a Kimberley Process Certificate.
Queries should be directed to Department of Communications, Energy and Natural Resources.
01 – 6782663.



WILDLIFE
Endangered Species
CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora)
is an international agreement between Governments. Its aim is to ensure that international trade
in specimens of wild animals and plants does not threaten their survival.


The Minister for the Environment, Heritage and Local Government is designated as the CITES
Management Authority in Ireland. The National Parks and Wildlife Service of the Department
of the Environment Heritage and Local Government, Ely Court, 7 Ely Place, Dublin 2 carry out
the duties and functions of the Management Authority. Telephone: (01) 888 3212 or (01) 888
3074 Fax: (01) 888 3272.
The CITES Scientific Authority in Ireland is the Research Branch of the National Parks and
Wildlife Service of the Department of the Environment, Heritage and Local Government, Ely
Court, 7 Ely Place, Dublin 2. Telephone: (01) 888 3288, www.npws.ie .
Council Regulation (EC) No. 338/97 and Commission Regulation (EC) No. 865/2006 contain
provisions designed to apply the Convention on International Trade in Endangered Species of
Wild Fauna and Flora (CITES) in the Community.
The Wildlife Acts, 1976 and 2000 prohibit the import, export or any attempt thereat, of any
specimen of a species listed in the annexes (A,B,C and D) to the CITES Regulations without the
required valid permits or certificates, or with forged, altered or otherwise fraudulent permits or
certificates.

Exports to Non-EU Countries
The export or re-export of any specimen of a species listed in Annexes A and B is prohibited
without the required valid permits or certificates issued by National Parks and Wildlife Service of
the Department of the Environment, Heritage and Local Government.

The import into a signatory country to the CITES Convention of any specimen of a
species listed in Annex C is prohibited without the required valid import notification
completed by the importer and a valid export or re-export document or certificate of
origin issued by the Management Authority of the exporting country.


The export or re-export of any specimen of a species listed in Annex C is prohibited without the
required valid permits or certificates issued by National Parks and Wildlife Service of the
Department of the Environment, Heritage and Local Government.




Prohibitions, Restrictions and Surveillance 64                             January 2009
Under the Wildlife Acts, 1976 and 2000 and S.I. No. 375 of 2001: Wildlife (Import and Export
of Fauna and Flora) (Designation of Ports and Airports) Regulations, 2001, species covered
under the CITES Convention can only be exported to non-EU countries through the designated
ports or airports listed below:

 Live Animals           Live Plants            Timber                   Parts and Derivatives
 Dublin Airport         Dublin Airport         Dublin Seaport           Dublin Airport
                        Shannon Airport        Cork Seaport             Shannon Airport
                        Cork Airport           Drogheda Seaport         Cork Airport*
                        Dublin Seaport         Foynes Seaport           Dublin Seaport
                        Cork Seaport           Greenore Seaport         Cork Seaport
                                               Limerick Seaport         Drogheda Seaport
                                               Wicklow Seaport          Foynes Seaport
                                                                        Greenore Seaport
                                                                        Limerick Seaport
                                                                        Wicklow Seaport
*Cork Airport is designated for parts and derivatives of plants only.


WILD ANIMALS AND WILD BIRDS
Under section 53, Wildlife Act, 1976, as amended by Section 57, Wildlife (Amendment) Act,
2000 and S.I. No. 235 of 1979: Wildlife Act, 1976, (Control of Export of Fauna), Regulations
1979, the export of any of the following from the State to outside the European Union is
prohibited except under and in accordance with a licence issued by National Parks and Wildlife
Service of the Department of the Environment, Heritage and Local Government, namely:


Wild Birds
(A) any protected wild bird of any species other than a carrier pigeon or a racing homing pigeon;
(B) the dead body or carcase of any such bird;
(C) the eggs (whether whole or blown) or the feathers of any such bird;
(D) any stuffed specimen of any such bird.

The exportation of live pigeons except to Northern Ireland is prohibited save under licence by the
Live Pigeons (Prohibition of Export) Order 1971 (S.I. No. 138 of 1971. An export licence can
be obtained from the Department of Agriculture Fisheries and Food.

Wild Animals
(A) any protected wild animal which is of any species of fauna mentioned in the Fifth Schedule to
    the Wildlife Act, 1976, as amended, such as:
        badger, bat species, common frog, common lizard, common newt, deer species, dolphin
        species, hare species, hedgehog, natterjack toad, otter, pine marten, porpoise species,
        pygmy shrew, red squirrel, seal species, stoat, whale species, freshwater crayfish,
        freshwater pearl mussel, Kerry slug and marine turtle;
(B) the dead body or carcase of any such animal;
(C) any stuffed specimen of either any such animal or any part of any such animal;
(D) the skull, antlers or teeth of any deer;
(E) the eggs or spawn of the natterjack toad;




Prohibitions, Restrictions and Surveillance 65                              January 2009
(F) the skin or fur, or any piece or cutting (including the head, tail or paw) of any skin or fur, or
   any article of wearing apparel or any rug or cover made wholly or partly of any skin or fur, of
   any badger, deer, fox, otter, pine marten, red squirrel or seal.

The Control of Export of Fauna Regulations shall not apply to:
(A)   the export by a person ordinarily resident outside the State of specimens of game that:

    1.have been shot and killed by that person under and in accordance with a valid hunting
    licence, and
    2.are not being exported in the course of a business;

(B) the export by a person of any article of apparel made wholly or partly of any skin or fur of
any of the species referred to in paragraph (j) where such article forms part of the baggage of, and
is shown to the satisfaction of the Officer to be a personal effect of that person.




MOVEMENT OF GOODS TO OTHER EU MEMBER STATES (O.M.S.)

With the introduction of the Single Market on 1st January, 1993 changes were introduced in
relation to the application of certain prohibitions and restrictions in respect of the movement of
goods between Ireland and other EU Member States.

The following products are subject to prohibitions or restrictions on movement from Ireland to
other EU Member States. The prohibitions or restrictions outlined below are implemented as a
result of either national or EU legislation and are referenced accordingly.


ANIMALS AND BIRDS
Live Animals and Birds

    (A) Cattle, swine - Council Directive 64/432/EEC;
    (B) Equidae - Council Directive 90/426/EEC;
    (C) Live poultry and hatching eggs - Council Directive 90/539/EEC;
    (D) Sheep and goats - Council Directive 91/69/EEC;
    (E) Pigeons – Live
    (F) Bees – Council Directive 92/65/EC
To places other than Northern Ireland, except under licence issued by the Minister for Agriculture
and Food (Live Pigeons (Prohibition of Export) Order, 1971)(S.I. No. 138 of 1971).




Prohibitions, Restrictions and Surveillance 66                               January 2009
ANIMALS PRODUCTS

Carcase and Animal Products including meat and meat products.
Directives 64/433/EEC (as amended), [European Communities (Fresh Meat) Regulations, 1997],
72/461/EEC (as amended), 77/99/EEC (as amended), [European Communities (Meat Products
and Other Products of Animals Origin) Regulations, 1995 (S.I. No. 126 of 1995)] 94/65 EC,
[European Communities (Minced Meat and Meat Preparations) Regulations, 1996] and
89/662/EEC and 90/425/EEC [European Communities (Trade in Animals and Animal Products)
Regulations, 1994 (S.I. No. 289 of 1994)] and 92/118/EEC [European Communities (Trade in
Certain Animal Products) Regulations, 1996 (S.I. No. 102 of 1996)].




Milk, heat treated (i.e. pasteurised)
Dispatched to an EU country must comply with the provisions of the European Communities
(Hygienic production and placing on the market of Raw Milk, Heat-treated Milk and Milk-based
Products) Regulations, 1996 (S.I. No. 9 of 1996).

Poultry meat, poultry eggs, poultry and dead rabbits
Directives 71/118/EEC (as amended)[European Communities (Fresh Poultry meat) Regulations,
1996, S.I. No. 3 of 1996.], European Communities (Rabbit Meat and Farmed Game Meat)
Regulations, 1995, (S.I. No. 278 of 1995), European Communities (Marketing Standards for
Eggs) Regulations, 1992 (S.I. No. 254 of 1992).
European Communities (Rabbit Meat and Farmed Game Meat) Regulations, 1995, (S.I. No. 278
of 1995).

Wild Game - Council Directive 92/45/EEC (as amended by Council Directive 92/116/EEC).
European Communities (Wild Game) Regulations, 1995 (S.I. No. 298 of 1995).
European Communities (Marketing Standards for Eggs) Regulations, 1992 (S.I. No. 254 of
1992).

Semen and embryos
Of animals except in compliance with Council Directive 90/425/EEC which is administered by
the Department of Agriculture, Fisheries and Food.
Of pure-bred breeding animals of the bovine species except in compliance with Council
Directives 88/407/EEC (as amended), 89/556/EEC, 77/504/EEC, (as amended), and
87/328/EEC which are administered by the Department of Agriculture, Fisheries and Food.
Exports to EU Member States of pure-bred breeding animals of the bovine species, their semen
and embryos must be accompanied to their destination by the appropriate veterinary and zoo
technical certification issued by the Minister for Agriculture, Fisheries and Food. (European
Communities (Trade in Bovine Breeding Animals, their Semen, Ova and Embryos) Regulations
1996 (S.I. No. 112 of 1996).
Information in respect of other species can be obtained from the Department of Agriculture
Fisheries and Food, Cavan (Phone: 049 4361022).

Of domestic animals of the porcine species except in accordance with Council Directive
90/429/EEC.Exports to EU Member States of the porcine species must be accompanied to their



Prohibitions, Restrictions and Surveillance 67                        January 2009
destination by the appropriate veterinary and zootechnical certification issued by the Minister for
Agriculture, Fisheries and Food. European Communities (Trade in Porcine Semen – Animal
Health) Regulations, 1993 (S.I. 242 of 1993).

Animal Health and Welfare Division who has responsibility for the Balai Directive (90/65/EEC)
which covers trade in animals and animal semen, ova and embryos of other species may be
contacted at (phone 01-6072916).

Information relating to porcine semen may be obtained at (phone 049-49368293).
Information relating to bovine semen may be obtained at (phone 049-49368242).




REQUIREMENTS FOR PUREBRED BREEDING ANIMALS, THEIR SEMEN, OVA
AND EMBRYOS
Cattle:
Commission Decision 2005/379/EC lays down the requirements for pedigree certificates and
particulars for purebred breeding animals of the bovine species, their semen, ova and embryos.

Pigs:
Commission Decision 89/503/EEC lays down the requirements for certificates of pure-bred
breeding pigs, their semen, ova and embryos.

Commission Decision 89/506/EEC lays down the requirement of hybrid breeding pigs, their
semen, ova and embryos.

Sheep/goats:
Commission Decision 90/258/EEC lays down the requirements for zootechnical certificates for
pure-bred breeding sheep and goats, their semen, ova and embryos.

Horses:
Commission Decision 93/623/EC           establishes   the   identification   document (passport)
accompanying registered equidae.

Commission Decision 96/79/EC lays down the requirements for zootechnical certificates of
semen, ova and embryos from registered equidae.

Commission Decision 2000/68/EC establishes the identification document for non-pedigree
horses.


PLANTS AND PLANT PRODUCTS

Plants and plant products, organisms and cultures harmful to plants
Council Directive 2000/29/EC [European Communities (Introduction of Organisms Harmful to
Plants or Plant Products (Prohibition) Regulations, 1980 (S.I. No. 125 of 1980), as amended].




Prohibitions, Restrictions and Surveillance 68                               January 2009
ARCHAEOLOGICAL OBJECTS
The export of Archaeological objects is prohibited except under licence issued through the
National Museum of Ireland, Kildare Street, Dublin 2. Telephone (01) 6777444. (National
Cultural Institutions Act, 1997 Section 50).


CULTURAL GOODS
Council Regulation (EEC) No.3911/92

The Department of Arts, Sport and Tourism is the competent authority for the issuing of
licences/declarations relating to the export of cultural goods and does so while procuring
appropriate professional/technical advice from the relevant national cultural institution.
Applications to export cultural goods should be sent to the appropriate cultural institution i.e.

    (A) National Gallery of Ireland, Upper Merrion Street, Dublin 2. Tel: (01) 6615133
    (B) National Library of Ireland, Manuscripts Department, Kildare Street, Dublin 2, Tel: (01)
        6030200
    (C) National Museum of Ireland, Kildare Street, Dublin 2, Tel: (01) 6777444

Declaration Forms, required when exporting cultural goods to non EU countries, are issued by
the Department of Arts, Sport and Tourism (Cultural Institutions Unit).



DOCUMENTS AND PAINTINGS
The Documents and Pictures (Regulation of Export) Act, 1945 regulates the export of
documents and pictures with the object of preserving records of those, which are of national,
historical, genealogical or literary interest. The repeal of this Act, provided for under section 6(1)
of the National Cultural Institutions Act, 1997, has yet to be enabled. Licences required within
EU Member States are issued through the National Gallery of Ireland and the National Library of
Ireland – contact details as above.

For further information view Cultural Goods – Protection at www.dast.gov.ie or contact
the Cultural Institutions Unit, Department of Arts, Sport and Tourism, Fossa, Co. Kerry, Tel:
0642 - 7355.



DRUGS
The movement from the State of certain specified controlled drugs including narcotic drugs and
psychotropic substances is prohibited except under licence issued by the Minister for Health &
Children (Misuse of Drugs Acts, 1977 to 2007, Misuse of Drugs Regulations, 1988 (as
amended) and the Misuse of Drugs (Scheduled Substances) Regulations, 1993). Further
information may be obtained from the Department of Health & Children, Hawkins House,
Dublin 2. Telephone: (01) 635 4000, LoCall 1890 20 03 11, website: www.dohc.ie.




DUAL-USE ITEMS AND TECHNOLOGY
Exports between Ireland and other EU Member States



Prohibitions, Restrictions and Surveillance 69                               January 2009
EU Council Regulation 1334/2000, as amended, subjects dual-use items and technology to
export controls. Dual-use items and technology are goods, which can be used for either civil or
military purposes.

A licence is required for the movement to other EU Member States of highly sensitive dual-use
items and technology as listed in Annex IV to Council Regulation 1334/2000, as amended.
Exporters should contact the Export Licensing Unit of the Department of Enterprise, Trade and
Employment for further information at Tel: (01) 631 2541/ LoCall: (1890) 220 222.

Further Details
Details of export procedures for dual-use items and technology are available on the Department
of Enterprise, Trade and Employment‘s website at: (http://www.entemp.ie/export/dualuse.htm).



EXPLOSIVES, PYROTECHNICS, DEEMED SUBSTANCES
The exportation of the following goods is prohibited except under licence issued by the
Department of Enterprise, Trade and Employment (Tel: 01 - 631 2121, LoCall: 1890 220 222,
(www.entemp.ie) under the Control of Exports Order, 2005 (S.I. No. 884 of 2005):
 Explosive substances (e.g. propellant powders, bulk explosives used for mining, quarrying and
construction blasting), explosive articles (e.g. packaged explosives, detonating cord, jet
perforating guns, detonators, shaped charges, etc.), pyrotechnic substances (e.g. flash powder,
compositions used in flares and fireworks etc.), pyrotechnic articles (e.g. fireworks, flares, distress
signals, etc.), Substances deemed to be explosives (such as high nitrogen Ammonium Nitrate,
Sodium Chlorate, Nitro Benzene, Potassium Nitrate, Sodium Nitrate and any mixture or solution
containing either Potassium Nitrate or Sodium Nitrate in combination with any other substance
or substances, apart from pest fumigant.
Under the Control of Exports Order 2005 (S.I. No.884 of 2005), an export licence from the
Department of Enterprise Trade and Employment is required to export explosives to another EU
Member State. For further information, exporters should contact the Export Licensing Unit at:
Tel: (01) 631 2541/ LoCall: (1890) 220 222.


Explosives: Requirements under S.I. No. 115 of 1995.
S.I. No.115 of 1995-European Communities (Placing on the market and Supervision of
Explosives for Civil Uses) Regulations, 1995 gives effect in national law to Council Directive
93/15/EEC of 5 April, 1993 on the harmonisation of the provisions relating to the placing on the
market and supervision of explosives for civil uses. Under the above legislation no explosives
may be moved to another Member State of the EU except under the authority of the Member
States of ―import‖ and ―export‖. No explosives may be transferred by way of export from the
State unless the consignor provides the Minister for Justice, Equality and Law Reform
(Department of Justice Equality and Law Reform, 94 St. Stephens Green, Dublin 2. Telephone
(01) 6028202, LoCall 1890 221 227, website: http://www.justice.ie.) with a copy of the recipient
competent authority document and any information which the Minister may reasonably require
with respect to the exportation in accordance with S.I. No. 115 of 1995.




Prohibitions, Restrictions and Surveillance 70                                January 2009
FIREARMS AND AMMUNITION
All Member States of the EU are obliged to authorise the movement of firearms and ammunition
to another Member State and to forward details of such authorisations to the recipient State, in
accordance with the terms of Directive 91/477/EC on the Control of the Acquisition and
Possession of Firearms. Under the terms of this Directive, movements to EU Member States
require an authorisation issued by the Department of Justice, Equality and Law Reform together
with a Removal Order from the Superintendent of the Garda Siochana. An individual, travelling
to another EU Member State, who is in possession of a European Firearms Pass, does not require
an authorisation from the Department of Justice but the Firearms Pass must have been endorsed
by the Member State of destination and s/he must comply with all requirements laid down by that
country.



OFFENSIVE WEAPONS
Offensive Weapons listed in S.I. No.66 1991 are prohibited in the State. [Firearms and Offensive
Weapons Act, 1990 (No. 12 of 1990) and the Firearms and Offensive Weapons Act, 1990
(Offensive Weapons) Order, 1991 (S.I. No.66 of 1991)]. For the purposes of this prohibition the
term “offensive weapons” has the meaning assigned to it on pages 21 and 22. The movement to
another EU Member State of any weapon (e.g. a sword), that could be considered to be an
offensive weapon, may be subject to clearance from the competent authority of the recipient
Member State.


FOOD IMITATIONS
The movement to other EU Member States: of the following are prohibited: products which,
although not foodstuffs, possess a form, odour, colour, appearance, packaging, labelling, volume
or size, such that it is likely that consumers, especially children, will confuse them with foodstuffs
and in consequence place them in their mouths, or suck or ingest them, which might be dangerous
and cause, for example, suffocation, poisoning or the perforation or obstruction of the digestive
tract. [Regulation 4 of the European Communities (Food Imitations) (Safety) Regulations, 1991].




LOTTERY TICKETS, COUNTERFOILS AND COUPONS AND ANY DOCUMENT
CONTAINING ANY INFORMATION RELATING TO A LOTTERY -(GAMING AND
LOTTERIES ACT, 1956).
The movement to other EU Member States of the following is prohibited: any money for the
purchase of, or any money representing the purchase or, a ticket or chance in a lottery or a prize
won in a lottery; any document relating to the purchase or sale of, or indicating the identity of the
holder of, any such ticket or chance (Gaming and Lotteries Act, 1956).
The prohibition does not apply to the taking or sending out of tickets, etc., in relation to a
sweepstake promoted under the Public Hospitals Acts, 1933 to 1940, or to any documents
printed in the State for the promoters of a lottery promoted and conducted wholly outside the
State. For the purpose of the prohibition “lottery” includes all competitions for money or
money‘s worth involving guesses or estimates of future events or of past events the result of
which are not yet ascertained or not yet generally known.




Prohibitions, Restrictions and Surveillance 71                               January 2009
MILITARY GOODS AND PARAMILITARY GOODS
Exports between Ireland and other EU Member States

The Control of Exports Order, 2005 made pursuant to the Control of Exports Act, 1983 contains
a specific list of military goods, which may not be moved from Ireland to another EU Member
State without an export licence issued by the Department of Enterprise, Trade and Employment.
Details of military and paramilitary goods and export procedures are available on the
Departments website (www.entemp.ie/export/military.htm), Tel: (01) 631 2121/ LoCall (1890)
22 02 22.



CHILD PORNOGRAPHY
The movement of Child Pornography from the State to other EU Member States is prohibited
under The Child Trafficking and Pornography Act, 1998.



RADIOACTIVE SUBSTANCES AND IRRADIATING DEVICES
The Radiological Protection Act, 1991 (Ionising Radiation) Order, 2000, prohibits the movement
to other EU Member States of:
    (A) radioactive substances
    (B) nuclear devices
save under a licence issued by the Radiological Protection Institute of Ireland, established under
the Radiological Protection Act, 1991 as the agent of the Minister for the Environment and Local
Government. The Institute may be contacted at 01 – 269 7766, www.rpii.ie.
The RPII does not regulate or authorise the shipment of radioactive substances or nuclear devices
beyond the port of exit. While the holder of the source has to comply with the requirements of
Council Regulation (Euratom) No 1493/93 on shipments of radioactive substances between
Member States, which involves the competent authority in the destination EU country approving
the shipment of the item into its jurisdiction. As soon as a source arrives at an Irish port of entry it
falls within the remit of the RPII's licensing regime.
WASTE (TRANSFRONTIER SHIPMENT)
Shipments of waste are subject to a range of regulatory controls.

Links to the EU and Irish regulations that apply, i.e.


       Waste Management (Shipments of Waste) Regulations 2007 (S.I. No. 419 of 2007);

       Regulation (EC) No. 1013/2006) of the European Parliament and of the Council of 14
        June 2006 on shipments of waste;


are given hereunder




Prohibitions, Restrictions and Surveillance 72                                 January 2009
           Waste Management (Shipment of Waste) Regulations 2007
           http://www.environ.ie/en/Publications/Environment/Waste/WasteManagement/FileD
           ownLoad,14662,en.pdf


           Commission Regulation EC No. 1013/2006
           http://eurlex.europa.eu/LexUriServ/site/en/oj/2006/l_190/l_19020060712en000100
           98.pdf


The controls that will apply to the international shipment of waste will depend on:



Firstly

    (1) whether the waste is being sent for recovery or disposal - most shipments of waste for
    disposal are prohibited, and if they are allowed they are subject to notifications controls.

    (2) if being moved for recovery, the type of waste – the European Waste Shipment
    Regulation (Regulation (EC) No. 1013/2006 – (See link above) contains several annexes
    specifying different types of hazardous and non hazardous waste.

Secondly

           (1) the "status" of the countries of dispatch and destination - if the waste is being
           moved within the EU, the procedures are different from those that apply if it is being
           moved out of or into the EU or to and from OECD countries.

International waste shipments to and from Ireland, can be:

1-Prohibited - movements not allowed under any circumstances including :
    (A) exports of hazardous waste to developing countries, even if moving for recovery

    (B) imports of hazardous waste for disposal –as Ireland does not possess facilities for such
       types of disposal or subject to:

2-Notification controls –these apply to all permitted imports and exports of:
    (A) hazardous waste moving for recovery
    (B) any type of waste moving for disposal

    (C) and to some imports and exports of non-hazardous wastes for recovery

Where these controls apply the written permission of Dublin City Council is needed before
moving the waste –consult the National TFS Office, Eblana House, Dublin City Council, 68-71
Marrowbone Lane, Dublin 8 Telephone (01) 2224235 . (Email: nationaltfs@dublincity.ie for
more details. In addition , shipments could be subject to

3-Green list controls - these are the lowest level of control and only ever apply to some (but not
all) imports or exports of non-hazardous waste for recovery. As and from 12 July 2008, the




Prohibitions, Restrictions and Surveillance 73                             January 2009
person or company who arranges Green List waste shipments will be required to pre-notify the
National TFS Office of proposed shipments.

All waste shipments are subject to the general requirements of the provisions of Regulation (EC)
1013/2006 on shipments of waste.



WILDLIFE
Endangered Species
CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora)
is an international agreement between Governments. Its aim is to ensure that international trade
in specimens of wild animals and plants does not threaten their survival.

The Minister for the Environment, Heritage and Local Government is designated as the CITES
Management Authority in Ireland. The duties and functions of the Management Authority ,are
carried out by the National Parks and Wildlife Service of the Department of the Environment
Heritage and Local Government, Ely Court, 7 Ely Place, Dublin 2. Telephone: (01) 888 3212 or
(01) 888 3074 Fax: (01) 888 3272.

The CITES Scientific Authority in Ireland is the Research Branch of the National Parks and
Wildlife Service of the Department of the Environment, Heritage and Local Government, Ely
Court, 7 Ely Place, Dublin 2. Telephone: (01) 888 3288.

Council Regulation (EC) No. 338/97 and Commission Regulation (EC) No. 865/2006 contain
provisions designed to apply the Convention on International Trade in Endangered Species of
Wild Fauna and Flora (CITES) in the Community.

The Wildlife Acts, 1976 and 2000 prohibit the import, export or any attempt thereat, of any
specimen of a species listed in the annexes (A,B,C and D) to the CITES Regulations without the
required valid permits or certificates, or with forged, altered or otherwise fraudulent permits or
certificates.

Intra-Community Movements
The movement within the Community of live specimens of Annex A species may be subject to
prior authorisation (Internal Community Certificate) from the Management Authority of the
Member State in which the specimen is located particularly if the movement is taking place for
commercial purposes. An exception to the authorisation requirement is made for the movement
of live animals for the purpose of urgent veterinary treatment after which they are returned
directly to their authorised location.

Where a live specimen of a species listed in Annex B is moved within the Community, the holder
of the specimen may relinquish it only after ensuring that the intended recipient is adequately
informed of the accommodation, equipment and practices required to ensure that the specimen in
question will be properly cared for.




Prohibitions, Restrictions and Surveillance 74                             January 2009

								
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