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

Commission Decision 2006/563/EC concerning certain protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in wild birds in the Community

11.—(1) Commission Decision 2006/563 concerning certain protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in wild birds in the Community is amended as follows.

(2) In Article 1—

(a) in paragraph 1, for “Member State (the affected Member State)” substitute “part of the United Kingdom (the affected part of the United Kingdom)”;

(b) in paragraph 2, omit point (a).

(3) In Article 2—

(a) after the first unnumbered paragraph, insert—

“However—

(a) the definition in that Directive of “competent authority” is to be read for the purposes of this Decision as if it defined that term as in the definition in this Decision;

(b) the definition in that Directive of “primary outbreak” is to be read for the purposes of this Decision as if it defined that term as an outbreak not epidemiologically linked with a previous outbreak in the same part of the United Kingdom.”;

(b) after definition (c), insert by—

“(d) “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.

(e) “the competent authority” means the appropriate Minister for the relevant constituent part of the United Kingdom;

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

(4) In Article 3—

(a) in paragraph 1, for “affected Member State” substitute “appropriate Minister for the affected part of the United Kingdom”;

(b) for paragraph 3 substitute—

“3.   The appropriate Minister must publish the details of any control and monitoring areas and measures taken.”;

(c) for paragraph 4 substitute—

“4.   If the control or the monitoring areas in Northern Ireland cover territory in the Republic of Ireland, the Department of Agriculture, Environment and Rural Affairs must take steps to collaborate with authorities in the Republic of Ireland in order to establish those areas.”;

(d) in paragraph 5, omit “established pursuant to Article 11(1) of Decision 2006/416/EC (the protection or surveillance zones)”.

(5) In Article 4(1)—

(a) in the first unnumbered subparagraph, for “affected Member State” substitute “appropriate Minister for any affected part of the United Kingdom”;

(b) omit the last unnumbered subparagraph.

(6) In Article 5, in the first sentence, for “affected Member State” substitute “appropriate Minister for the affected part of the United Kingdom”.

(7) In Article 6—

(a) in the first sentence, for “affected Member State” substitute “appropriate Minister for the affected part of the United Kingdom”;

(b) in point (g), before “Member States”, insert “parts of the United Kingdom,”.

(8) In Articles 7 and 8, for “affected Member State” substitute “appropriate Minister for the affected part of the United Kingdom”.

(9) In Article 9—

(a) in paragraph 1—

(i) in the words before subparagraph (a), for “affected Member State” substitute “appropriate Minister for the affected part of the United Kingdom”;

(ii) in subparagraph (b), for “Member State” substitute “part of the United Kingdom”;

(b) in paragraph 2—

(i) for “affected Member State” substitute “appropriate Minister for the affected part of the United Kingdom”;

(ii) for “same Member State” substitute “same part of the United Kingdom,”.

(10) In Article 10—

(a) in paragraphs 1 and 2, for “affected Member State” substitute “appropriate Minister for the affected part of the United Kingdom”;

(b) in paragraph 3, for “other Member States” substitute “any other part of the United Kingdom”.

(11) In Article 11—

(a) in paragraphs 1 and 2, for “affected Member State” substitute “appropriate Minister for the affected part of the United Kingdom”;

(b) in paragraph 2(b), before “Member States” insert “parts of the United Kingdom or”.

(12) In Article 12—

(a) in paragraph 1, in the words before subparagraph (a), for “affected Member State” substitute “appropriate Minister for the affected part of the United Kingdom”;

(b) in paragraph 1(b), for “Member States” substitute “parts of the United Kingdom”;

(c) in paragraph 2, for the first sentence substitute—

“The appropriate Minister for the affected part of the United Kingdom must ensure that the products referred to in paragraph 1(c) of this Article are accompanied by a commercial document stating that the feathers and parts of feathers have been treated with a steam current or by some other method ensuring that no pathogens remain.”.

(13) Omit Article 16.

(14) Omit Articles 18 and 19.