Commission Decision of 28 August 2007 concerning measures to prevent the spread of highly pathogenic avian influenza to other captive birds kept in zoos and approved bodies, institutes or centres in the Member States (notified under document number C(2007) 3987) (Text with EEA relevance) (2007/598/EC)

Article 1 U.K. Subject matter and scope

This Decision lays down detailed rules:

(a)

to be applied in order to prevent the spread of highly pathogenic avian influenza virus from birds living in the wild or from outbreaks in poultry or other captive birds, to other captive birds kept in zoos and approved bodies, institutes or centres;

(b)

for the preventive vaccination of other captive birds kept in zoos and approved bodies, institutes or centres.

Article 2 U.K. Definitions

For the purposes of this Decision, the following definitions shall apply [F1 subject to the modifications indicated]:

(a)

the definitions in Article 2 of Directive 2005/94/EC [F2 read as if paragraphs 18 and 25 were omitted];

(b)

the definition of zoos in Article 2 of Directive 1999/22/EC [F3 read as if the functions of Member States under that Article were exercisable instead by the appropriate Minister];

(c)

the definition of approved bodies, institutes or centres in Article 2(1)(c) of Directive 92/65/EEC [F4 read as if, before “ in accordance with Article 13 ”, there were inserted “by the appropriate Minister].

(d)

[F5 “the appropriate Ministers” 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 a country or territory other than the British Islands.]

Textual Amendments

F1 Words in Art. 2 inserted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 13(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 2(a) inserted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 13(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 2(b) inserted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 13(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 2(c) inserted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 13(2)(d); 2020 c. 1, Sch. 5 para. 1(1)

F5 Arts. 2(d)-(f) inserted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 13(2)(e) (as amended by S.I. 2020/1388, reg. 25(10)(a)); 2020 c. 1, Sch. 5 para. 1(1)

Article 3 U.K. Measures to reduce the risk of transmission of highly pathogenic avian influenza

1. [F6 The appropriate Minister] shall take appropriate and practicable measures to reduce the risk of transmission of highly pathogenic avian influenza from birds living in the wild to other captive birds kept in zoos and approved bodies, institutes or centres, taking into account the criteria and risk factors set out in Annex I.

2. Paragraph 1 shall also apply in the event of an outbreak in poultry in F7 ..., a neighbouring Member State or a third country that is liable to endanger the health status of other captive birds kept in zoos and approved bodies, institutes or centres.

3. Depending on the specific epidemiological situation, the measures referred to in paragraph 1 shall, in particular, be directed at preventing direct and indirect contact between birds living in the wild, especially waterfowl, and other captive birds kept in zoos and approved bodies, institutes or centres.

Textual Amendments

F6 Words in Art. 3(1) substituted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 13(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 3(2) omitted (31.12.2020) by virtue of The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 13(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 4 U.K. Preventive vaccination plans

Preventive vaccination plans in respect of other captive birds kept in zoos and approved bodies, institutes or centres, F8 ... shall comply with the requirements set out in Annex II to this Decision.

Textual Amendments

F8 Words in Art. 4 omitted (31.12.2020) by virtue of The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 13(4); 2020 c. 1, Sch. 5 para. 1(1)

[F9 Article 5 U.K. Approval of preventive vaccination plan

1. Nothing in this Decision is to be treated as having any effect on the continuation in force of the preventive vaccination plans for the United Kingdom submitted in accordance with Article 56(2) of Directive 2005/94/EC and approved by the EU Commission on 27 June 2007 under Article 57(2) of that Directive.

2. The Secretary of State, with the consent of each other authority who in relation to any constituent part of Great Britain is the appropriate Minister, must publish preventive vaccination plans approved under Article 57 of Directive 2005/94/EC, on the basis that functions of Member States were to be read as if they refer to the functions of the appropriate Minister.]

Textual Amendments

F9 Art. 5 substituted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 13(5) (as amended by S.I. 2020/1388, reg. 25(10)(b)); 2020 c. 1, Sch. 5 para. 1(1)

Article 6 U.K. Availability and information concerning preventive vaccination plans

1. [F10 The appropriate Minister] shall, before preventive vaccination is introduced, compile the exact address and location of the zoos and approved bodies, institutes or centres, where vaccination it is to be carried out by allocating approval or registration numbers, as appropriate, and shall keep that information updated.

2. [F11 The appropriate Ministers may publish] each year, by 30 March at the latest F12 ... a report on the implementation of the approved preventive vaccination plans for the preceding year using the reporting model as set out in Annex IV.

That report shall be submitted in the framework of the Standing Committee on the Food Chain and Animal Health.

3. [F13 The appropriate Minister must publish] the following:

(a) planned amendments to [F14 the] approved preventive vaccination plans;

(b) the date of cessation of preventive vaccination of other captive birds kept in zoos and approved bodies, institutes or centres.

Textual Amendments

F10 Words in Art. 6(1) substituted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 13(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in Art. 6(2) substituted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 13(6)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Art. 6(2) omitted (31.12.2020) by virtue of The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 13(6)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 6(3) substituted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 13(6)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F14 Word in Art. 6(3)(a) substituted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 13(6)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 7 U.K. Repeal

Decision 2006/474/EC is repealed.

F15 Article 8 U.K. Transitional provision

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15 Art. 8 omitted (31.12.2020) by virtue of The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 13(7); 2020 c. 1, Sch. 5 para. 1(1)

F16 Article 9 U.K. Compliance by Member States

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16 Art. 9 omitted (31.12.2020) by virtue of The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 13(7); 2020 c. 1, Sch. 5 para. 1(1)

F17 Article 10 U.K. Addressees

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Art. 10 omitted (31.12.2020) by virtue of The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 13(7); 2020 c. 1, Sch. 5 para. 1(1)

Done at Brussels, 28 August 2007.

For the Commission

Markos Kyprianou

Member of the Commission