The Avian Influenza and Influenza of Avian Origin in Mammals (Wales) Order 2006

Explanatory Note

(This note is not part of the Order)

1.  This Order transposes Council Directive 2005/94/EC (OJ No L10, 14.1.2006, p16) (“the Directive”) on Community measures for the control of avian influenza, except for Chapter IX of the Directive. Chapter IX of the Directive deals with vaccination and will be transposed by the Avian Influenza (Vaccination) (Wales) Regulations 2006. This Order also amends the Diseases of Poultry (Wales) Order 2003 (S.I. 2003/1079) and the Diseases of Animals (Approved Disinfectants) (Wales) Order 1978 (S.I. 1978/32). The Directive repeals Council Directive 92/40/EEC.

2.  Part 1 of the Order contains introductory provisions. Part 2 sets out preventive measures to reduce the risk of the transmission of avian influenza and provides for surveillance for the disease.

3.  Part 3 of the Order and Schedule 1 to it set out measures to deal with any suspected outbreak of avian influenza at premises (other than slaughterhouses, border inspection posts and in vehicles). Measures when highly pathogenic avian influenza is confirmed on such premises are set out in Part 4 and Schedule 2. These measures may, under article 13, also be applied to premises where disease is suspected. Part 4 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.

4.  Measures when highly pathogenic avian influenza is confirmed at slaughterhouses, border inspection posts and in vehicles are set out in Part 5.

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

6.  Measures to reduce the risk of the spread of avian influenza viruses to pigs and other mammals are set out in Part 7.

7.  General measures applicable on suspicion or confirmation of avian influenza are set out in Part 8 and provisions on inspection and enforcement are set out in Part 9. Amendments to the Diseases of Poultry (Wales) Order 2003 (S.I. 2003/1079) and the Diseases of Animals (Approved Disinfectants) Order 1978 (S.I. 1978/32) are also set out in Part 9.

8.  Failure to comply with this Order is an offence under section 73 of the Animal Health Act 1981.

9.  A regulatory appraisal of the effect that this Order will have on the costs of business has not been prepared.