The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018

Commission Implementing Decision 2018/1136 on risk mitigation and reinforced biosecurity measures and early detection systems in relation to the risks posed by wild birds for the transmission of highly pathogenic avian influenza viruses to poultry

19.—(1) Commission Implementing Decision 2018/1136 on risk mitigation and reinforced biosecurity measures and early detection systems in relation to the risks posed by wild birds for the transmission of highly pathogenic avian influenza viruses to poultry is amended as follows.

(2) At the end of Article 2, after the unnumbered paragraph, insert—

“In this Decision, the definitions in Council Directive 2005/94/EC are to be interpreted as if—

(a) in point 18, the reference to “competent authority” were a reference to the appropriate Minister;

(b) in point 25, the reference to “Community vaccine bank” were a reference to the EU or any other vaccine bank;

(c) in point 29, in the reference to “primary outbreak”, for the words “Member State” to the end there were substituted “constituent part of the United Kingdom, or the first outbreak in a different constituent part of the United Kingdom”.

For the purposes of this Decision—

(a) “the appropriate Minister” means—

(i) in relation to England, the Secretary of State;

(ii) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs,

(iii) in relation to Scotland, the Scottish Ministers;

(iv) in relation to Wales, the Welsh Ministers;

(b) “constituent part”, in relation to the United Kingdom, means England, Scotland, Wales or Northern Ireland;

(c) “third country” means a country other than the United Kingdom or a Member State.”.

(3) In Article 3—

(a) in paragraph 1—

(i) in the words before subparagraph (a), for “Member States” substitute “Each authority who in relation to a constituent part of the United Kingdom is the appropriate Minister”,

(ii) in subparagraph (a)(i)—

(aa) omit “in Member States”;

(bb) for “Union” substitute “EU”,

(iii) in subparagraph (c), omit “the European Food Safety Authority’s (EFSA) and by”,

(b) in paragraphs 2 and 3, for “Member States” substitute “Each authority who in relation to a constituent part of the United Kingdom is the appropriate Minister”.

(4) In Article 4—

(a) in paragraph 1—

(i) for “Member States” substitute “ authority who in relation to a constituent part of the United Kingdom is the appropriate Minister”,

(ii) omit “other”;

(b) in paragraph 2, for “Member States” substitute “The appropriate Minister”;

(c) in paragraph 4, in the words before point (a), for “Member States” substitute “The appropriate Minister”;

(d) in paragraphs 5 and 6, for “Member States” substitute “The appropriate Minister”.

(5) In Article 5—

(a) in paragraph 1, for “Member States” substitute “The appropriate Minister;

(b) in paragraph 2, for “Member States” substitute “Each authority who in relation to a constituent part of the United Kingdom is the appropriate Minister”;

(c) in paragraph 3, for “Member States” substitute “The appropriate Minister”;

(d) in paragraph 3(f)—

(i) omit “Member States and third”,

(ii) omit “EFSA”.

(6) In Article 6, for “Member States”, in both places it occurs, substitute “The appropriate Minister”.

(7) In Article 7(1), for “Member States” substitute “The appropriate Minister”.

(8) In Article 8, in paragraphs 1 and 2, for “Member States” substitute “The appropriate Minister”.

(9) In Article 9—

(a) in paragraph 1 (in the words before point (a)) and in paragraph 2, for “Member States” substitute “the appropriate Minister”;

(b) in paragraph 2, omit “their”.

(10) In Article 10—

(a) in paragraph 1, for “Member States” substitute “The appropriate Minister”,

(b) omit paragraph 2.

(11) Omit Article 11.