PART 2Amendments etc. to retained direct EU legislation
Commission Regulation (EC) No 616/2009 implementing Council Directive 2005/94/EC as regards the approval of poultry compartments and other captive birds compartments with respect to avian influenza and additional preventive biosecurity measures in such compartmentsI115
1
Commission Regulation (EC) No 616/2009 implementing Council Directive 2005/94/EC as regards the approval of poultry compartments and other captive birds compartments with respect to avian influenza and additional preventive biosecurity measures in such compartments is amended as follows.
2
In Article 1, for “Member States” substitute “
appropriate Minister
”
.
3
In Article 2, after paragraph 6, insert—
7
“The appropriate Minister” means—
a
in relation to England, the Secretary of State;
F1b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1b
in relation to Scotland, the Scottish Ministers;
F1c
in relation to Wales, the Welsh Ministers.
8
“The competent authority” means the appropriate Minister for the relevant constituent part of F2Great Britain.
9
“EU-derived domestic legislation” has the same meaning as in section 2(2) of the European Union (Withdrawal) Act 2018.
4
In Article 4—
a
in paragraph 1—
i
in the first subparagraph, for the words “the territory, or part of the territory” to the end substitute “
an area of F3Great Britain where no restrictions apply in relation to avian influenza, pursuant to EU-derived domestic legislation
”
,
ii
in the second subparagraph—
aa
for “in a Member State whose” substitute “
where a
”
;
bb
for “approved” substitute “
put in place by an appropriate Minister
”
;
b
in paragraph 2(b), for “Community” substitute “
EU-derived domestic
”
.
5
In Article 5(2)(d), omit “or Community reference laboratory”.
6
In Article 9—
a
for “Member States shall” substitute “
The appropriate Minister must
”
;
b
omit paragraph 1(c);
c
omit paragraph 2.
7
In the words immediately after Article 10, omit “and directly applicable in all Member States”.
8
In the Annex—
a
in Part 1 , in paragraph 2(e), for “Community legislation” substitute “
EU-derived domestic legislation
”
;
b
in Part 2, in paragraph 3, for “the Member State or in the region or zone” substitute “
an area
”
;
c
in Part 3—
F4i
in paragraph 4(a) and (b) for “the territory of the Member State” substitute “Great Britain”;
ii
in paragraph 4(c), for “Community legislation”, in both places where it appears, substitute “EU-derived domestic legislation”.