PART 2Amendments etc. to retained direct EU legislation

Commission Decision 2010/367/EC on the implementation by Member States of surveillance programmes for avian influenza in poultry and wild birdsI116

1

Commission Decision 2010/367 on the implementation by Member States of surveillance programmes for avian influenza in poultry and wild birds is amended as follows.

2

In Article 1, for “Member States” substitute “ The appropriate Minister ”.

3

After Article 1 insert—

Article 1a

For the purposes of this Decision—

a

“the competent authority” means the appropriate Minister for the relevant constituent part of F1Great Britain;

b

“the appropriate Minister” means—

i

in relation to England, the Secretary of State;

F2ii

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

F2ii

in relation to Scotland, the Scottish Ministers;

F2iii

in relation to Wales, the Welsh Ministers.

4

In Article 2—

a

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

b

omit paragraph 3.

5

In Article 3—

a

for “Member States” substitute “ the appropriate Minister ”;

b

after “Article 4(1) of Directive 2005/94/EC” insert “ (read as if it applied to the appropriate Minister rather than to Member States) ”.

6

Omit Articles 4 and 6.

7

In Annex 1—

a

in paragraph 2, for “Member States,” substitute “ F3Great Britain ”;

b

in paragraph 2.1—

i

for “Member States” substitute “ The appropriate Minister ”;

ii

in the third unnumbered paragraph omit “in the Member State concerned”;

c

in paragraph 2.2—

i

for “If a Member State is not” substitute “ An appropriate Minister, if not ”;

ii

omit “it”;

omit “throughout the whole territory of the Member State,”;

iii
iv

at the end of the second unnumbered subparagraph, for “ F4the Member State ” substitute “ F5Great Britain ”;

d

in paragraph 3(n), for “Member States” substitute “ areas ”;

e

in paragraph 4, omit “at Member State level,”;

f

in paragraph 4.1.2 (b), omit “in the Member State”;

g

in paragraph 5.1.1 and 5.1.2, in Tables 1 and 2, in the heading to the first column, omit “per Member State”;

h

in paragraph 8, for “Member States” substitute “ the appropriate Minister ”;

i

in paragraph 9—

i

in the first unnumbered subparagraph, for the words from “National Reference Laboratories for avian influenza” to “control of the NRL” substitute “ the national reference laboratory for avian influenza or by other laboratories authorised by the Secretary of State (“the NRL”) with the consent of the other appropriate Ministers ”;

ii

omit the third unnumbered subparagraph;

iii

in the fourth unnumbered subparagraph omit “supplied by the EURL”;

iv

in the fifth unnumbered subparagraph, omit “The conclusions of all those investigations shall be reported to the Commission.”;

v

omit the sixth and seventh unnumbered subparagraphs.

8

In Annex 2, in Part 1—

a

in paragraph 2(e) omit the words from “This could” to the end;

b

in paragraph 3(c)—

i

in the second sentence, for the words from “EURL” to the end of the sentence substitute “ NRL ”, and

ii

in the last sentence, for “EURL” substitute “ NRL ”;

c

in paragraph 4,—

i

in the second unnumbered paragraph omit “in Member States”;

ii

in the third unnumbered subparagraph—

aa

for “Member State” substitute “ the appropriate Minister ”;

bb

for “EURL” substitute “ NRL ”.