PART 2 Amendments etc. to retained direct EU legislation

15 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
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;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reg. 15(3): sub-para. (b) of inserted definition omitted and next sub-paras. renumbered accordingly (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(12)(a)(i)
(b) in relation to Scotland, the Scottish Ministers;
(c) in relation to Wales, the Welsh Ministers.

8
“The competent authority” means the appropriate Minister for the relevant constituent part of Great Britain.
Words in reg. 15(3) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(12)(a)(ii)

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 Great Britain where no restrictions apply in relation to avian influenza, pursuant to EU-derived domestic legislation ”,
Words in reg. 15(4)(a)(i) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(12)(b)
(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—
(i) in paragraph 4(a) and (b) for “the territory of the Member State” substitute “Great Britain”;
Reg. 15(8)(c)(i) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(12)(c)
(ii) in paragraph 4(c), for “Community legislation”, in both places where it appears, substitute “EU-derived domestic legislation”.
Reg. 15 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)