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

Commission Regulation (EC) No 616/2009 implementing Council Directive 2005/94/EC as regards the approval of poultry compartments and other captive birds compartments with respect to avian influenza and additional preventive biosecurity measures in such compartments

15.—(1) Commission Regulation (EC) No 616/2009 implementing Council Directive 2005/94/EC as regards the approval of poultry compartments and other captive birds compartments with respect to avian influenza and additional preventive biosecurity measures in such compartments is amended as follows.

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

(3) In Article 2, after paragraph 6, insert—

“7.   “The appropriate Minister” means—

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

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

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

(d) in relation to Wales, the Welsh Ministers.

8.   “The competent authority” means the appropriate Minister for the relevant constituent part of the United Kingdom.

9.   “EU-derived domestic legislation” has the same meaning as in section 2(2) of the European Union (Withdrawal) Act 2018.”.

(4) In Article 4—

(a) in paragraph 1—

(i) in the first subparagraph, for the words “the territory, or part of the territory” to the end substitute “an area of the United Kingdom where no restrictions apply in relation to avian influenza, pursuant to EU-derived domestic legislation”,

(ii) in the second subparagraph—

(aa) for “in a Member State whose” substitute “where a”;

(bb) for “approved” substitute “put in place by an appropriate Minister”;

(b) in paragraph 2(b), for “Community” substitute “EU-derived domestic”.

(5) In Article 5(2)(d), omit “or Community reference laboratory”.

(6) In Article 9—

(a) for “Member States shall” substitute “The appropriate Minister must”;

(b) omit paragraph 1(c);

(c) omit paragraph 2.

(7) In the words immediately after Article 10, omit “and directly applicable in all Member States”.

(8) In the Annex—

(a) in Part 1 , in paragraph 2(e), for “Community legislation” substitute “EU-derived domestic legislation”;

(b) in Part 2, in paragraph 3, for “the Member State or in the region or zone” substitute “an area”;

(c) in Part 3—

(i) in paragraph 4(a) and (b), for “territory of the Member State” substitute “United Kingdom ”;

(ii) in paragraph 4(c), for “Community legislation”, in both places where it appears, substitute “”EU-derived domestic legislation”.