Page 146 - Секретаријат за законодавство

Implementation of decisions
Implementation of decisions is preceded by a thorough analysis of the
nature of the provisions. Distinction is made between provisions which
require introduction of legislative measures into the Polish legal order and
provisions which meet the direct-effect criteria and therefore can apply
directly. The task of the national legislator is to enable direct applicability
of such provisions by indicating the competent authorities and the proce-
dures to be followed, providing the necessary application forms, etc.
The above approach is illustrated by the Regulation of Minister of Ag-
riculture and Rural Development of 30 October 2007 laying down mea-
sures on importation of live pet birds accompanying travellers in relation
50
to highly pathogenic avian inßuenza . Its purpose is to implement the
Commission Decision of 22 December 2006 as regards certain protection
measures in relation to highly pathogenic avian inßuenza and movements
51
of pet birds accompanying their owners into the Community . The deci-
sion requires Member States to take measures necessary to ensure that pet
birds moved into Community territory from a third country are subject to
documentary and identity checks by the competent authorities. Member
States may authorise the movement of live pet birds solely where the con-
ditions laid down in Article 1 of that decision are fulÞlled. Compliance
with those conditions must be certiÞed by an ofÞcial veterinarian in ac-
cordance with the model certiÞcate provided for in annex to the decision.

The Polish regulation provides that movement of pet birds from third
countries is authorized solely where the conditions referred to in Article
1(1) of Decision 2007/25/EC are fulÞlled. Therefore it has been consid-
ered that the provision laying down the said conditions is directly applica-
ble and there is no need to reproduce it in the text of the Polish regulation.

Further, the regulation provides that the owner of the birds must be in
possession of a veterinary certiÞcate referred to in Article 1(2) of Deci-
sion 2007/25/EC. Again, in this case the legislator has limited himself to
establishing the obligation to hold the certiÞcate, as required in the deci-
sion, but deemed it redundant to enclose the form of the certiÞcate since
it is already accessible and binding as part of Decision 2007/25/EC.

50 Dz.U.2007.208.1508.
51 OJ L 8, 13.1.2007, p. 29.

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