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

Commission Decision 2010/367/EC on the implementation by Member States of surveillance programmes for avian influenza in poultry and wild birds

16.—(1) Commission Decision 2010/367 on the implementation by Member States of surveillance programmes for avian influenza in poultry and wild birds is amended as follows.

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

(3) After Article 1 insert—

“Article 1a

For the purposes of this Decision—

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

(b) “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.”.

(4) In Article 2—

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

(b) omit paragraph 3.

(5) In Article 3—

(a) for “Member States” substitute “the appropriate Minister”;

(b) after “Article 4(1) of Directive 2005/94/EC” insert “(read as if it applied to the appropriate Minister rather than to Member States)”.

(6) Omit Articles 4 and 6.

(7) In Annex 1—

(a) in paragraph 2, for “Member States,” substitute “the United Kingdom”;

(b) in paragraph 2.1—

(i) for “Member States” substitute “The appropriate Minister”;

(ii) in the third unnumbered paragraph omit “in the Member State concerned”;

(c) in paragraph 2.2—

(i) for “If a Member State is not” substitute “An appropriate Minister, if not”;

(ii) omit “it”;

(iii) omit “throughout the whole territory of the Member State,”;

(iv) at the end of the second unnumbered subparagraph, for “Member State” substitute “United Kingdom”;

(d) in paragraph 3(n), for “Member States” substitute “areas”;

(e) in paragraph 4, omit “at Member State level,”;

(f) in paragraph 4.1.2 (b), omit “in the Member State”;

(g) in paragraph 5.1.1 and 5.1.2, in Tables 1 and 2, in the heading to the first column, omit “per Member State”;

(h) in paragraph 8, for “Member States” substitute “the appropriate Minister”;

(i) in paragraph 9—

(i) in the first unnumbered subparagraph, for the words from “National Reference Laboratories for avian influenza” to “control of the NRL” substitute “the national reference laboratory for avian influenza or by other laboratories authorised by the Secretary of State (“the NRL”) with the consent of the other appropriate Ministers”;

(ii) omit the third unnumbered subparagraph;

(iii) in the fourth unnumbered subparagraph omit “supplied by the EURL”;

(iv) in the fifth unnumbered subparagraph, omit “The conclusions of all those investigations shall be reported to the Commission.”;

(v) omit the sixth and seventh unnumbered subparagraphs.

(8) In Annex 2, in Part 1—

(a) in paragraph 2(e) omit the words from “This could” to the end;

(b) in paragraph 3(c)—

(i) in the second sentence, for the words from “EURL” to the end of the sentence substitute “NRL”, and

(ii) in the last sentence, for “EURL” substitute “NRL”;

(c) in paragraph 4,—

(i) in the second unnumbered paragraph omit “in Member States”;

(ii) in the third unnumbered subparagraph—

(aa) for “Member State” substitute “the appropriate Minister”;

(bb) for “EURL” substitute “NRL”.