The Avian Influenza (H5N1 in Poultry) Regulations (Northern Ireland) 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations transpose—

(a) Commission Decision 2006/415/EC concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry in the Community and repealing Decision 2006/135/EC (OJ No. L 164, 16.6.2006, p. 51) (“the Commission Decision”), as amended by Commission Decision 2007/83/EC and as also amended by the Commission Decision 2007/119/EC amending Decisions 2006/415/EC, 2006/416/EC and 2006/563/EC as regards the identification mark to be applied to fresh poultry meat; and

(b) Commission Decision 2007/118/EC laying down detailed rules in relation to an alternative identification mark pursuant to Directive 2002/99/EC.

The Regulations supplement the general measures to control avian influenza set out in the Avian Influenza and Influenza of Avian Origin in Mammals Regulations (Northern Ireland) 2007 (S.R. 2007 No. 68) (“the main Regulations”). Measures to control highly pathogenic avian influenza of subtype H5N1 in wild birds are set out in the Avian Influenza (H5N1 in Wild Birds) Regulations (Northern Ireland) 2007 No. 208.

Regulation 5 specifies which zones declared under the main Regulations are zones A and B for the purposes of the Commission Decision.

Regulation 6 requires the Department to declare temporary control zones or temporary movement restriction zones under the main Regulations if highly pathogenic avian influenza of subtype H5N1 is suspected in poultry. Regulation 7 relates to the location and size of such zones. Regulation 8 requires the Department to declare a restricted zone under the main Regulations on confirmation of highly pathogenic avian influenza of subtype H5N1 in poultry.

The general measures which may be imposed on suspicion and confirmation of highly pathogenic avian influenza are set out in the main Regulations. Additional measures in regulations 10 to 15 of these Regulations restrict movements of the following:

(a) poultry and other captive birds from restricted zones (regulation 10);

(b) hatching eggs from restricted zones (regulation 11);

(c) wild game bird products from protection, surveillance and restricted zones (regulations 12 to 14);

(d) by-products from any bird in a protection, surveillance or restricted zone (regulation 15).

Regulation 16 bans bird gatherings in restricted zones. Regulation 17 relates to cleansing and disinfection.

Regulation 18 requires the completion of movement records. Regulation 19 provides for the feeding and tending of animals or poultry which cannot be moved on termination of a right of occupation because of a restriction imposed by the Regulations.

Regulations 20 and 21 set out powers of inspectors. Regulations 22 to 24 contain measures relating to enforcement of the Regulations.

The Schedule sets out the mark to be applied to meat and meat products from wild game birds from protection, surveillance and restricted zones.

A breach of these Regulations is an offence under Article 52 of the Diseases of Animals (Northern Ireland) Order 1981.