PART 2 Amendments etc. to retained direct EU legislation

Commission Decision 2007/598/EC 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

13.—(1) Commission Decision 2007/598 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 is amended as follows.

(2) In Article 2—

(a) in the words before paragraph (a), insert at the end “subject to the modifications indicated”;

(b) in paragraph (a), insert at the end, “read as if paragraphs 18 and 25 were omitted”;

(c) in paragraph (b), insert at the end “read as if the functions of Member States under that Article were exercisable instead by the appropriate Minister;

(d) in paragraph (c), insert at the end “read as if, before “in accordance with Article 13”, there were inserted “by the appropriate Minister”;

(e) after paragraph (c), insert—

“(d) “the appropriate Ministers” 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;

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

(f) “third country” means a country other than the United Kingdom or a Member State.”.

(3) In Article 3—

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

(b) in paragraph 2, omit “the same Member State”.

(4) In Article 4, omit “submitted in accordance with Article 56(2) of Directive 2005/94/EC”.

(5) For Article 5 substitute—

“Article 5 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 the United Kingdom 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.”.

(6) In Article 6—

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

(b) in paragraph 2—

(i) for the words “Member States shall” to “other Member States” substitute “The appropriate Ministers may publish”;

(ii) omit “, or upon specific request by the Commission,”;

(c) in paragraph 3—

(i) for “Member States shall inform the Commission of” substitute “The appropriate Minister must publish”;

(ii) in subparagraph (a), for “their” substitute “the”.

(7) Omit Articles 8, 9 and 10.

(8) In Annex 2—

(a) in item 4(a) of the table—

(i) omit “other”;

(ii) for “as laid down in Part 3 of Annex E to Directive 92/65/EEC, where under point II.5.” substitute “where”;

(b) in item 4(b) of the table—

(i) omit “other”;

(ii) for the words from “as laid down in” to “point II.3.2” substitute “that includes the following words”.

(9) Omit Annex 3.