Commission Decision of 11 August 2006 concerning certain protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in wild birds in the Community and repealing Decision 2006/115/EC (notified under document number C(2006) 3585) (Text with EEA relevance) (2006/563/EC)

Article 2 U.K. Definitions

[F1 For the purpose of this Decision, the definitions in Directive 2005/94/EC shall apply.

[F2 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 Great Britain.]

The following definitions shall also apply:

(a)

‘hatching eggs’ means eggs for incubation laid by poultry as defined in Article 2(4) of Directive 2005/94/EC;

(b)

‘wild feathered game’ means, as far as avian species are concerned, game as defined in point 1.5, second indent, and in point 1.7 of Annex I to Regulation (EC) No 853/2004;

(c)

‘other captive birds’ means birds as defined in Article 2(6) of Directive 2005/94/EC, excluding:

(i)

pet animals of the bird species as referred to in Article 3(a) of Regulation (EC) No 998/2003;

(ii)

birds for zoos, circuses, amusement parks and experimental laboratories and sentinel birds placed by the competent authority in the frame of surveillance and research activities;

(d)

[F3 “the appropriate Minister” means—

(i)

in relation to England, the Secretary of State;

(ii)

in relation to Scotland, the Scottish Ministers;

(iii)

in relation to Wales, the Welsh Ministers.

(e)

“the competent authority” means the appropriate Minister for the relevant constituent part of Great Britain;

(f)

“third country” means any country or territory other than the British Islands.]]

Textual Amendments

F1 Decision revoked (E.) (24.11.2021) by The Avian Influenza (H5N1 in Wild Birds) (England) (Amendment) Order 2021 (S.I. 2021/1305), arts.1, 8; and revoked (S.) (4.12.2021) by The Avian Influenza (H5N1 in Birds etc.) (Miscellaneous Amendment and Revocation) (Scotland) Order 2021 (S.S.I. 2021/444), arts. 1(1), 3

F2 Words in Art. 2 inserted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 11(3)(a) (as amended by S.I. 2020/1388, regs. 1(2)(a), 25(8)(b)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F3 Arts. 2(d)-(f) inserted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 11(3)(b) (as amended by S.I. 2020/1388, regs. 1(2)(a), 25(8)(b)(ii)(aa)(bb)(cc)); 2020 c. 1, Sch. 5 para. 1(1)