Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 359: To ask the Minister for Agriculture, Fisheries and Food if her Department's bovine tuberculosis eradication scheme is in compliance with annex B (31) of Council Directive 80/219/EEC which requires, inter alia, that the test sites on the animals necks shall be clipped and cleansed for bovine tuberculosis testing purposes; if a legal provision was made to give effect to this minimum EC testing requirement;, if not, the reason this provision was not made; and if she will make a statement on the matter. [21505/07]

Mary Coughlan (Donegal South West, Fianna Fail)
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The issues referred to are now regulated under Commission Regulation (EC) No 1226/2002 which replaced Annex B to Directive 64/432/EEC in its entirety and thus superseded any previous amendments to that Annex, including those provided for in Council Directive 80/219/EEC. The conduct of the intradermal comparative test is governed by Directive 64/432/EEC, the Bovine Tuberculosis (Attestation of the State and General Provisions) Order 1989 (S.I. No. 308 of 1989) and the legally binding contract (ER4 document) the Minister has with each private veterinary practitioner (PVP) testing under the programme. Each testing PVP signs the conditions contained in the ER4 document on an annual basis and this includes the requirement to clip and cleanse the sites prior to injection. There is also a quality control programme in place that ensures that all testing PVPs comply with the conditions of their contract.

Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 360: To ask the Minister for Agriculture, Fisheries and Food the reason her Department is refusing to issue a de-restriction notice withdrawing all bovine tuberculosis and brucellosis restrictions on a herd (details supplied); if she has satisfied herself that a comprehensive herd test was performed in January 2007 and that the veterinary inspector endorsed each animals identity card before returning same to the herd owner verifying that each animal in the herd passed the test, and was free of TB and brucellosis; if she will direct that a formal notice withdrawing all restrictions on the herd will be issued; and if she will make a statement on the matter. [21506/07]

Mary Coughlan (Donegal South West, Fianna Fail)
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As indicated in my reply to Questions 39881/06 and 39882/06 on 23 November 2006, the holding relating to the herdnumber referred was restricted in October 2005 because of the repeated failure of the herdowner to have the herd tested for TB and Brucellosis as required by EU and national legislation.

The herd was eventually tested on 3 January 2007 for Brucellosis and on 6 January 2007 for Bovine Tuberculosis. All animals were reported as having passed these tests. However, in view of the fact that the herd had been restricted since October 2005, under EU legislation a further test is needed before the herd can be de-restricted. Unfortunately, the testing veterinarian was not aware of this and signed and returned a number of animals' passports to the herdowner. The DVO wrote to the herdowner reminding him that his herd remained under restriction and advising him that an Authorised Officer would call to his premises under Article 12(3) of the Bovine Tuberculosis (Attestation of the State and General Provisions) Order 1989 to collect all cattle passports in his possession. However, the herdowner failed to surrender the cattle identity cards.

The DVO has been in touch with the herdowner on several occasions to carry the second test but to date the herdowner has failed to co-operate in this matter. When this test has been carried out with negative results for these two diseases, his herd will be de-restricted.

The Deputy should be aware that the herdowner in question has presented his herd for testing only once in the past 3 years in spite of on-going efforts by the DVO to have the herd tested. This behaviour increases the risk of the spread of disease and is most unfair to his neighbours who have had their herds tested annually. The matter is also the subject of legal proceedings.