The Foot-and-Mouth Disease (Control of Vaccination) (Wales) Regulations 2006

Factors informing a decision to permit suppressive or protective vaccinationE+W

9.—(1) The National Assembly must take into account the following factors in deciding whether to permit suppressive or protective vaccination—

(a)the risk of an outbreak—

(i)in the United Kingdom becoming widespread in any part of the country,

(ii)spreading to Wales with imported susceptible animals, carcases or other things liable to spread disease,

(iii)spreading from Wales with exported susceptible animals, carcases or other things liable to spread disease, or

(iv)spreading to or from Wales because of the prevailing meteorological conditions;

(b)any threat from disease to animals in—

(i)a laboratory, zoo, wildlife park or other premises where susceptible animals are kept principally for the purposes of display and education of the public, or an enclosed area principally used for shooting;

(ii)premises not falling within (i) of a body, institute or centre which—

(aa)keeps susceptible animals only for the purposes of conservation, display and education of the public, or scientific research or breeding of such animals for research, and

(bb)is approved in relation to those animals under regulation 9 of the Animal and Animal Products (Import and Export) (Wales) Regulations 2005;

(iii)other premises where susceptible animals are kept for scientific purposes or purposes related to conservation of species or farm animal genetic resources;

(c)the criteria in Annex X of Council Directive 2003/85/EC on Community measures for the control of foot-and-mouth disease repealing Directive 85/511/EEC and Decisions 89/531/EEC and 91/665/EEC and amending Directive 92/46/EEC M1;

(d)other means of preventing the spread of disease available to it;

(e)in the case of suppressive vaccination, whether such vaccination is necessary urgently to prevent the spread of disease from premises or a geographical area by reducing the quantity of circulating disease virus there; and

(f)in the case of protective vaccination—

(i)whether such vaccination will protect susceptible animals in the proposed vaccination zone against airborne spread or spread through fomites of the disease virus, and

(ii)the effect of the measures which would apply in the vaccination zone and vaccination surveillance zone on persons and animals there.

(2) Where, having taken those factors into account, the National Assembly considers that permitting suppressive or protective vaccination is the most appropriate means of preventing the spread of disease, it must decide to undertake a vaccination programme.

(3) If the National Assembly decides to undertake a vaccination programme it will grant one or more licences permitting suppressive or protective vaccination.

[F1(4) For the purposes of paragraph (1)(c), point 3.2 of Annex X of Council Directive 2003/85/EC is to be read as if—

(a)the reference to “Member States” were a reference to “the Welsh Ministers”;

(b)Article 2(u) of Directive 2001/89/EC as it applies to point 3.2 were modified so that—

(i)for the words “region, as defined in Article 2(2)(p) of Council Directive 64/432/EEC”, there were substituted “county or county borough in Wales”;

(ii)for “such a region” there were substituted “such a county or county borough]

Textual Amendments

Marginal Citations

M1OJ No. L306, 22.11.2003, pl.