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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations transpose for Northern Ireland Council Directive 2005/94/EC on Community measures for the control of avian influenza and repealing Directive 92/40/EEC (O.J. No. L 10, 14.1.2006, p16), (“the Directive”), other than Chapter IX which deals with vaccination. These Regulations also implement, in part Commission Decision 2006/474/EC concerning measures to prevent the spread of highly pathogenic avian influenza caused by influenza A virus of subtype H5N1 to birds kept in zoos and approved bodies, institutes and centres in the member States and repealing Decision 2005/744/EC (O.J. No. L 187, 8.7.2006, p. 37).

Measures relating to the poultry register and the vaccination of zoo birds are contained in the Avian Influenza (Preventive Measures) Regulations (Northern Ireland) 2007.

Part 1 of the Order contains introductory provisions. Regulation 3 defines the scope of the Regulations.

Part II sets out preventive measures to reduce the risk of the transmission of avian influenza and provides for surveillance for the disease.

Part III of the Order and Schedule 1 set out measures to deal with any suspected outbreak of avian influenza at premises other than designated slaughterhouses and border inspection posts. Measures when highly pathogenic avian influenza is confirmed on such premises are set out in Part IV and Schedule 2. These measures may, under regulation 13, also be applied to premises where disease is suspected. Part IV also provides for the declaration of protection zones, surveillance zones and restricted zones around infected premises. Measures in protection and surveillance zones are set out in Schedules 4 and 5.

Measures when highly pathogenic avian influenza is confirmed at designated slaughterhouses, border inspection posts and in vehicles are set out in Part V.

Measures where low pathogenic avian influenza is confirmed at premises other than designated slaughterhouses and border inspection posts are set out in Part VI and in Schedule 6. These include the declaration of low pathogenic avian influenza zones. Measures in such zones are set out in Schedule 7.

Measures to reduce the risk of the spread of avian influenza viruses to pigs and other mammals are set out in Part VII.

General measures applicable on suspicion or confirmation of avian influenza are set out in Part VIII and measures on inspection and enforcement are set out in Part IX.

Failure to comply with these Regulations is an offence under Article 52 of the Diseases of Animals Order (Northern Ireland) 1981.