The Bluetongue Regulations (Northern Ireland) 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement Council Directive 2000/75/EC O.J.No.L327. 22.12.2000, p74 laying down specific provisions for the control and eradication of bluetongue and enforce Commission Regulation (EC) No. 1266/2007 O.J.No.L283. 27.10.2007, p37. They revoke and remake with changes the Bluetongue Order (Northern Ireland) 2008.

The changes are that—

(a) the Department may, within a restricted zone, declare any area around an infected premises to be a protection zone, and any area beyond such protection zone to be a surveillance zone (regulation 10(1)(b)).

(b) a person is prohibited from moving an animal in a restricted zone if the animal shows clinical signs of bluetongue on the day of transport (regulation 10(5)).

(c) the operator of a slaughterhouse in a surveillance zone must obtain a licence if that operator proposes to slaughter animals from a protection zone (regulation 13(3)).

(d) if bluetongue is confirmed outside Northern Ireland, the Department may declare a protection zone and a surveillance zone in Northern Ireland (regulation 15).

(e) unless in an excepted category, a person requires a licence to obtain bluetongue vaccine (regulation 18). Vaccination can only take place if authorised by the Department (regulation 19) or where vaccination is required either in a vaccination zone or by notice served on particular premises (regulation 20).

(f) power is given to the Department to allow a person to take or avoid taking an action otherwise than in accordance with the other provisions of these Regulations for the purpose only of ensuring the health and welfare of any animal (regulation 28).

Provision is made so that references to the Commission regulation are references to it as amended from time to time.

Part I of the Regulations provides introductory provisions and exemptions (regulations 1 to 3).

Part II of the Regulations provides for the reporting of symptoms of bluetongue (regulation 4), confirmation of bluetongue on premises (regulation 6). Provision is made for the establishment of temporary control zones (regulation 8), the establishment of restrictions on premises and the establishment of zones and controls on movements of animals within and out of those zones (regulations 9 and 10). Power is given to the Department to license or designate certain slaughterhouses (regulation 13(1)). Movement without a licence of an animal, semen, ovum or embryo from the restricted zone where a notice has been served on the occupier of the premises of destination is prohibited (regulation 14). This Part also provides for the Department to declare zones in Northern Ireland when bluetongue is confirmed outside Northern Ireland (regulation 15).

Part III makes provision for vaccination (regulations 18 to 20) and compliance costs (regulation 21). Failure to comply with any requirement or to observe any prohibition in or under these Regulations is an offence (regulation 23). Interference with traps and marks is dealt with in (regulation 25). Regulation 28 gives the Department power to permit anything that would otherwise be prohibited or to exempt a person from any requirement under the Regulations, for the purpose of ensuring the health and welfare of any animal.

Failure to comply with these Regulations is an offence under Article 52(1) of the Diseases of Animals Order (Northern Ireland) 1981.