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

Commission Decision 2006/415/EC concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry

9.—(1) Commission Decision 2006/415/EC concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry is amended as follows.

(2) In Article 1—

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

(b) for “Community” substitute “United Kingdom”.

(3) After Article 2 insert the following Article—

“Article 2A Further terms

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) “the competent authority”, other than for the purposes of Article 6(1) and (3)(a) and Article 7(1)(a) and (2) so far as the term relates to competent authorities in other member States and third countries, means the appropriate Minister for the relevant constituent part of the United Kingdom;

(c) the parts of the United Kingdom are England, Wales, Scotland and Northern Ireland;

(d) “third country” means a country other than a Member State.”.

(4) In Article 3—

(a) in paragraph 1—

(i) for the words from “The area” to “classified as the” substitute “Where an area (‘Area A’) is classified by the appropriate Minister as a”;

(ii) at the end, insert “, the appropriate Minister must publish details as specified in Part A of the Annex”;

(b) in paragraph 2—

(i) for the words from “The area” to “classified as the” substitute ‘Where an area (‘Area B’) is classified by the appropriate Minister as a’;

(ii) for “affected Member State” substitute “United Kingdom”;

(iii) add at the end “, the appropriate Minister must publish details as specified in Part B of the Annex”.

(5) In Article 4—

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

(b) for the unnumbered subparagraph after subparagraph (b) substitute—

(c) “The appropriate Minister of the affected part of the United Kingdom must publish areas A and B.”;

(d) omit paragraph 2;

(e) in paragraph 3—

(i) in the first unnumbered subparagraph—

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

(bb) for “Commission” to the end substitute “public”;

(ii) omit the second unnumbered subparagraph;

(f) in paragraph 4—

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

(ii) for subparagraph (a) substitute “notify the public”;

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

(h) for subparagraph (c) substitute—

“(c) keep the other appropriate Ministers informed about any development with regard to areas A and B.”;

(i) omit the unnumbered subparagraph after subparagraph (c).

(6) In Article 5, in points (a), (b) and (c), for “territory” to the end of each paragraph substitute “United Kingdom, or if applicable, to another country”.

(7) In Article 6—

(a) in paragraph 1—

(i) for “affected Member State”, in the first place it occurs, substitute “ the appropriate Minister of the affected part of the United Kingdom”;

(ii) for “affected Member State”, in the second place it occurs, substitute “affected part of the United Kingdom”;

(iii) for “another” substitute “a”;

(b) in paragraph 2—

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

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

(c) in paragraph 3, in the words before point (a)—

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

(ii) for “another” substitute “a”;

(d) in paragraph 4—

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

(ii) in subparagraph (a), for “the affected member State” substitute “that part of the United Kingdom”;

(e) in paragraph 5, omit “other”.

(8) In Article 7—

(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 (a)—

(aa) for “Member State” substitute “part of the United Kingdom”;

(bb) for “another” substitute “a”;

(b) in paragraph 2—

(i) for the first reference to “affected Member State” substitute “ the appropriate Minister for the affected part of the United Kingdom”,

(ii) for the second reference to “affected Member State” substitute “affected part of the United Kingdom”, and

(iii) for “another” substitute “a”;

(c) in paragraph 3, for “Member States” substitute “countries”.

(9) In Article 8—

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

(10) 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 (a)(i), for the words “conditions set out” to the end substitute “the requirements of the following domestic animal by-product legislation (‘the relevant domestic legislative requirements’)—

(aa) the Animal By-Products (Enforcement) (England) Regulations 2013(1);

(bb) the Animal By-Products (Enforcement) Regulations (Northern Ireland) 2015(2);

(cc) the Animal By-Products (Enforcement) (Scotland) Regulations 2013(3);

(dd) the Animal By-Products (Enforcement) (Wales) Regulations 2014(4);

(iii) in sub-paragraph (a)(ii), for the words “in accordance” to “1774/2002” substitute “under the relevant domestic legislative requirements”;

(iv) in sub-paragraph (a)(iii), for the words “with Article “ to “that regulation” substitute “the relevant domestic legislative requirements”;

(v) in subparagraph (b), for the words “point” to “1774/2002” substitute “the relevant domestic legislative requirements”;

(b) in paragraph 2—

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

(ii) for the words “Chapter” to “1774/2002” substitute “Chapter 3 of Annex 8 to Commission Regulation (EC) No 142/2011”.

(11) In Article 10, in paragraph 2, omit “to third countries”.

(12) Omit Articles 11 and 14.

(13) In Part A of the Annex, for the Table substitute a Table containing two columns, of which the left-hand column is headed “Name of Area A” and the right-hand column is headed “Date until the measures provided in Article 5 are applicable in accordance with Article 4(4)(b)(iii)”.

(14) In Part B of the Annex, for the Table substitute a Table containing two columns, of which the left-hand column is headed “Name of Area B” and the right-hand column is headed “Date until the measures provided in Article 5 are applicable in accordance with Article 4(4)(b)(iii)” .

(1)

S.I. 2013/2952.

(2)

S.R. 2015 No.332.

(3)

S.S.I. 2013/307.

(4)

S.I. 2014/517 (W. 60).