The Animal Health and Welfare (Amendment) Regulations (Northern Ireland) 2019

Regulation 5(1)

SCHEDULE 3 Amendments to the Exotic Disease Provisions

PART 1 Amendment to Primary Legislation

Amendments to the Diseases of Animals (Northern Ireland) Order 1981

1.  In the Diseases of Animals (Northern Ireland) Order 1981, in Schedule 2 in Part 1 (power to slaughter)—

(a) in paragraph 3A(1), after “foot-and-mouth disease” insert “, as last amended by Commission Implementing Decision (EU) 2018/1099(1)”; and

(b) in paragraph 3A(3)(b)(ii), after “1990/425/EEC” insert “, as last amended by Commission Implementing Decision (EU) 2017/2174(2)”.

PART 2 Amendments to Subordinate Legislation

Amendments to the Bovine Leucosis Scheme Order (Northern Ireland) 1995

2.  In the Bovine Leucosis Scheme Order (Northern Ireland) 1995, in the Schedule—

(a) in paragraph 1(2), in the definition of “the Directive”, after “and swine” insert “, as last amended by Commission Implementing Decision (EU) 2015/819”;

(b) in paragraph 2(1), for “Section B of Chapter I of Annex G” substitute “Section E of Chapter I of Annex D”;

(c) in paragraph 2(2)(b), for “Section A(1)(ii) of Chapter I of Annex G” substitute “Section A(ii) of Chapter I of Annex D”;

(d) in paragraph 3, for “Section A(1) of Chapter I of Annex G” substitute “Section A of Chapter I of Annex D”;

(e) in paragraph 4(2)(c), for “Section A(1)(ii) and (iii) of Chapter I of Annex G” substitute “Section D of Chapter I of Annex D”;

(f) in paragraph 5(4)(a), for “Section B of Chapter I of Annex G” substitute “Section E of Chapter I of Annex D”;

(g) in paragraph 7(3), for “Chapter II of Annex G” substitute “Chapter II of Annex D”; and

(h) in paragraph 9(1), for “Section A(1) of Chapter I of Annex G” substitute “Section A of Chapter I of Annex D”.

Amendment to the African Swine Fever Order (Northern Ireland) 2003

3.  In the African Swine Fever Order (Northern Ireland) 2003, in Article 12 (cleansing and disinfection), in paragraph (2), after “biocidal products” insert “, as last amended by Regulation (EU) No 334/2014”.

Amendment to the Brucellosis Control Order (Northern Ireland) 2004

4.  In the Brucellosis Control Order (Northern Ireland) 2004, in Article 2 (interpretation), in the definition of “the Directive”, after “bovine animals and swine” insert “, as last amended by Commission Implementing Decision (EU) 2015/819”.

Amendment to the Brucellosis (Examination and Testing) Scheme Order (Northern Ireland) 2004

5.  In the Brucellosis (Examination and Testing) Scheme Order (Northern Ireland) 2004, in the Schedule in paragraph 1(2) (citation and interpretation), in the definition of “official test”, after “Annex C of the Directive” insert “, as amended by Commission Decision 2008/984/EC”.

Amendments to the Foot-and-Mouth Disease Regulations (Northern Ireland) 2006

6.  The Foot-and-Mouth Disease Regulations (Northern Ireland) 2006 are amended as follows.

7.  In regulation 2 (interpretation)—

(a) in the definition of “the Directive”, after “Directive 92/46/EEC” insert “, as last amended by Commission Implementing Decision (EU) 2018/1099”;

(b) in the definition of “Regulation (EC) No. 1069/2009”, at the end add “, as last amended by Council Regulation (EU) No. 1385/2013”; and

(c) in the definition of “Regulation (EU) No. 142/2011”, after “under that Directive” insert “, as last amended by Commission Regulation (EU) 2017/1262”.

8.  In Schedule 6 (treatments to ensure destruction of disease virus) in Part I, in paragraph 6, for “point” substitute “Section”.

Amendments to the Foot-and-Mouth Disease (Control of Vaccination) Regulations (Northern Ireland) 2006

9.  The Foot-and-Mouth Disease (Control of Vaccination) Regulations (Northern Ireland) 2006 are amended as follows.

10.  In regulation 2(1) (interpretation)—

(a) in the definition of “Database”, after “Regulation 1760/2000” insert “, as last amended by Regulation (EU) No 653/2014);”; and

(b) after the definition of “the Department” insert—

““the Directive” means Council Directive 2003/85/EC on Community measures for the control of foot-and-mouth disease repealing Directive 85/511/EEC and Decisions 89/531/EEC and 91/665/EEC and amending Directive 92/46/EEC, as last amended by Commission Implementing Decision (EU) 2018/1099;”.

11.  In paragraph 18(4)(b) of Part III of the Schedule, after “under that Directive” insert “, as last amended by Commission Regulation (EU) 2015/9”.

Amendments to the Avian Influenza and Influenza of Avian Origin in Mammals Regulations (Northern Ireland) 2007

12.  In the Avian Influenza and Influenza of Avian Origin in Mammals Regulations (Northern Ireland) 2007, in regulation 2(1) (interpretation)—

(a) in the definition of “the Directive”, after “Directive 92/40/EEC” insert “, as last amended by Commission Implementing Decision (EU) 2018/662” ; and

(b) in the definition of “egg processing plant”, after “animal origin” insert “, as last amended by Commission Regulation (EU) 1020/2008”.

Amendments to the Avian Influenza (Vaccination) Regulations (Northern Ireland) 2007

13.  In the Avian Influenza (Vaccination) Regulations (Northern Ireland) 2007, in Part II of the Schedule (eggs other than hatching eggs)—

(a) in paragraph 1(2)(b), after “Regulation (EC) No 853/2004” insert “(as amended by Commission Regulation (EU) No 1020/2008)”; and

(b) in paragraph 2(b), after “Regulation (EC) No 853/2004” insert “(as amended by Commission Regulation (EU) No 1020/2008)”.

Amendment to the Avian Influenza (Preventive Measures) Regulations (Northern Ireland) 2007

14.  The Avian Influenza (Preventive Measures) Regulations (Northern Ireland) 2007 are amended as follows.

15.  In regulation 7(5) (vaccination of zoo birds), for “Commission Decision 2006/474/EC” substitute “Commission Decision 2007/598/EC”.

16.  In regulation 10(7)(a) (restrictions relating to vaccinated zoo birds), after “Directive 92/40/EEC” insert “, as last amended by Commission Implementing Decision (EU) 2018/662,”.

Amendments to the Avian Influenza (H5N1 in Poultry) Regulations (Northern Ireland) 2007

17.  The Avian Influenza (H5N1 in Poultry) Regulations (Northern Ireland) 2007 are amended as follows.

18.  In regulation 2(1) (interpretation)—

(a) in the definition of “bird by-product”, after “Regulation (EC) No. 1069/2009” insert “, as last amended by Directive 2010/63/EU of the European Parliament and of the Council”;

(b) omit the definition of “the Commission Decision”;

(c) in the definition of “competent authority”, for the words from ‘in a” to the end substitute “which, immediately before Commission Decision 2006/415 concerning protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry in the Community and repealing Decision 2006/135/EC ceased to have effect, was responsible for compliance with obligations provided for in that Decision”;

(d) in the definition of “Regulation (EC) No. 1069/2009”, after “(Animal by-products Regulation)” insert “, as last amended by Council Regulation (EU) No. 1385/2013”; and

(e) in the definition of “Regulation (EU) No 142/2011”, after “under that Directive” insert “, as last amended by Council Regulation (EU) 2017/1262”.

19.  Omit regulation 5 (areas A and B).

20.  In regulation 12(2)(b)(ii) (restrictions on the movements of wild game bird products), after “human consumption” insert “, as amended by Commission Regulation (EU) No 633/2014”.

21.  Regulation 13(1)(b) (requirements for the marking of wild game bird meat and meat products) is omitted.

22.  In regulation 15(2)(o) (restrictions on the movement of bird by-products), for “Article” substitute “regulation”.

Amendments to the Avian Influenza (H5N1 in Wild Birds) Regulations (Northern Ireland) 2007

23.  The Avian Influenza (H5N1 in Wild Birds) Regulations (Northern Ireland) 2007 are amended as follows.

24.  In regulation 2(1) (interpretation)—

(a) in the definition of “bird by-product”, after “Regulation (EC) No 1069/2009” insert “, as amended by Directive 2010/63 (EU) of the European Parliament and of the Council”;

(b) in the definition of “other captive bird”, for “Article 3(a) of Regulation (EC) No 998/2003” substitute “Article 3(b) of Regulation (EU) No 576/2013”;

(c) in the definition of “Regulation (EC) No. 853/2004”, for “as amended” substitute “, as last amended by Commission Regulation (EU) 2017/1981”;

(d) after the definition of “Regulation (EC) No.853/2004” insert—

““Regulation (EC) No 854/2004” means Regulation (EC) No. 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption, as last amended by Commission Regulation (EU) 2015/2285;”.

(e) in the definition of “Regulation (EC) No. 1069/2009”, after “(Animal by-products Regulation)” insert “, as last amended by Council Regulation (EU) No. 1385/2013”;

(f) in the definition of “Regulation (EU) No. 142/2011”, after “that Directive” insert “, as last amended by Commission Regulation (EU) 2017/1262”.

25.  In Schedule 1 in Part IV, paragraph 1, sub-paragraph 2(o) (restriction on the movement of bird by-products or products derived from bird by-products from premises in a wild bird control area), for “Article” substitute “regulation”.

Amendments to the Diseases of Animals (Approval of Disinfectants) Order (Northern Ireland) 2008

26.  The Diseases of Animals (Approval of Disinfectants) Order (Northern Ireland) 2008 is amended as follows.

27.  In Article 4(2)(b) (approval of disinfectants), after “biocidal products” insert “, as last amended by Regulation (EU) No 334/2014”.

28.  In Article 7(1)(c) (amendment, suspension and revocation of approvals), after “biocidal products” insert “, as last amended by Regulation (EU) No 334/2014”.

Amendments to the Bluetongue Regulations (Northern Ireland) 2008

29.  In the Bluetongue Regulations (Northern Ireland) 2008, in regulation 2(1) (interpretation)—

(a) in the definition of “the Directive”, after “of bluetongue” insert “, as last amended by Commission Regulation (EU) 2018/415”; and

(b) in the definition of “the Regulation”, after “to bluetongue” insert “, as last amended by Commission Implementing Regulation (EU) No 456/2012”.

Amendment to the Products of Animal Origin (Disease Control) Regulations (Northern Ireland) 2008

30.  The Products of Animal Origin (Disease Control) Regulations (Northern Ireland) 2008 are amended as follows.

31.  In Schedule 3 (special identification mark for untreated meat from restricted animals and Newcastle disease restricted poultry), paragraph (3)—

(a) omit sub-paragraph (a); and

(b) omit the “or” before sub-paragraph (b).

Amendments to the Aujeszky’s Disease Order (Northern Ireland) 2012

32.  The Aujeszky’s Disease Order (Northern Ireland) 2012 is amended as follows.

33.  In Article 9 (disease investigation), in paragraph (1), from “in accordance with” to the end substitute “at a designated laboratory in accordance with Annex III of Commission Decision 2008/185/EC, as amended by Commission Implementing Decision (EU) 2016/1782”.

34.  In Article 16 (action following imposition of controls), in paragraph (2), from “in accordance with” to the end substitute “at a designated laboratory in accordance with Annex III of Commission Decision 2008/185/EC, as amended by Commission Implementing Decision (EU) 2016/1782”.

Amendment to the African Horse Sickness Regulations (Northern Ireland) 2013

35.  In the African Horse Sickness Regulations (Northern Ireland) 2013, in regulation 19(1)(a) (declaration of zones where African horse sickness is suspected or confirmed outside Northern Ireland), from “for the purposes of” to the end substitute “outside Northern Ireland for the purposes of Council Directive 92/35/EEC laying down rules and measures to combat African horse sickness, as last amended by Commission Regulation (EU) 2018/415”.

(1)

OJ L 197 3.8.2018 p 11

(2)

OJ L 306 22.11.2017 p 28