PART 2 Amendments etc. to retained direct EU legislation

11 Commission Decision 2006/563/EC concerning certain protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in wild birds in the Community
1 Commission Decision 2006/563 concerning certain protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in wild birds in the Community is amended as follows.
2 In Article 1—
(a) in paragraph 1, for “Member State (the affected Member State)” substitute “ part of Great Britain (the affected part of Great Britain) ”;
Words in reg. 11(2)(a) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(a)
(b) in paragraph 2, omit point (a).
3 In Article 2—
(a) after the first unnumbered paragraph, insert—

“However—
(a) the definition in that Directive of “competent authority” is to be read for the purposes of this Decision as if it defined that term as in the definition in this Decision;
(b) the definition in that Directive of “primary outbreak” is to be read for the purposes of this Decision as if it defined that term as an outbreak not epidemiologically linked with a previous outbreak in the same part of Great Britain.
Words in reg. 11(3)(a) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(b)(i)”

;
(b) after definition (c), insert by—

“(d) “the appropriate Minister” means—
(i) in relation to England, the Secretary of State;
(ii) ...
Reg. 11(3)(b): sub-para. (ii) of inserted definition omitted and next sub-paras. renumbered accordingly (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(b)(ii)(aa)
(ii) in relation to Scotland, the Scottish Ministers;
(iii) in relation to Wales, the Welsh Ministers.
(e) “the competent authority” means the appropriate Minister for the relevant constituent part of Great Britain;
Words in reg. 11(3)(b) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(b)(ii)(bb)
(f) “third country” means any country or territory other than the British Islands.
Words in reg. 11(3)(b) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(b)(ii)(cc)”

.
4 In Article 3—
(a) in paragraph 1, for “affected Member State” substitute “ appropriate Minister for the affected part of Great Britain ”;
Words in reg. 11(4)(a) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(c)
(b) for paragraph 3 substitute—

“3
The appropriate Minister must publish the details of any control and monitoring areas and measures taken.”

;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reg. 11(4)(c) omitted (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(d)
(d) in paragraph 5, omit “established pursuant to Article 11(1) of Decision 2006/416/EC (the protection or surveillance zones)”.
5 In Article 4(1)—
(a) in the first unnumbered subparagraph, for “affected Member State” substitute “ appropriate Minister for any affected part of Great Britain ”;
Words in reg. 11(5)(a) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(e)
(b) omit the last unnumbered subparagraph.
6 In Article 5, in the first sentence, for “affected Member State” substitute “ appropriate Minister for the affected part of Great Britain ”.
Words in reg. 11(6) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(e)
7 In Article 6—
(a) in the first sentence, for “affected Member State” substitute “ appropriate Minister for the affected part of Great Britain ”;
Words in reg. 11(7)(a) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(e)
(b) in point (g), before “Member States”, insert “ parts of Great Britain, ”.
Words in reg. 11(7)(b) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(e)
8 In Articles 7 and 8, for “affected Member State” substitute “ appropriate Minister for the affected part of Great Britain ”.
Words in reg. 11(8) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(e)
9 In Article 9—
(a) in paragraph 1—
(i) in the words before subparagraph (a), for “affected Member State” substitute “ appropriate Minister for the affected part of Great Britain ”;
Words in reg. 11(9)(a)(i) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(e)
(ii) in subparagraph (b), for “Member State” substitute “ part of Great Britain ”;
Words in reg. 11(9)(a)(ii) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(e)
(b) in paragraph 2—
(i) for “affected Member State” substitute “ appropriate Minister for the affected part of Great Britain ”;
Words in reg. 11(9)(b)(i) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(e)
(ii) for “same Member State” substitute “ same part of Great Britain, ”.
Words in reg. 11(9)(b)(ii) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(e)
10 In Article 10—
(a) in paragraphs 1 and 2, for “affected Member State” substitute “ appropriate Minister for the affected part of Great Britain ”;
Words in reg. 11(10)(a) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(e)
(b) in paragraph 3, for “other Member States” substitute “ any other part of Great Britain ”.
Words in reg. 11(10)(b) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(e)
11 In Article 11—
(a) in paragraphs 1 and 2, for “affected Member State” substitute “ appropriate Minister for the affected part of Great Britain ”;
Words in reg. 11(11)(a) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(e)
(b) in paragraph 2(b), before “Member States” insert “ parts of Great Britain or ”.
Words in reg. 11(11)(b) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(e)
12 In Article 12—
(a) in paragraph 1, in the words before subparagraph (a), for “affected Member State” substitute “ appropriate Minister for the affected part of Great Britain ”;
Words in reg. 11(12)(a) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(e)
(b) in paragraph 1(b), for “Member States” substitute “ parts of Great Britain ”;
Words in reg. 11(12)(b) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(e)
(c) in paragraph 2, for the first sentence substitute—

“The appropriate Minister for the affected part of Great Britain must ensure that the products referred to in paragraph 1(c) of this Article are accompanied by a commercial document stating that the feathers and parts of feathers have been treated with a steam current or by some other method ensuring that no pathogens remain.”

.
Words in reg. 11(12)(c) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(8)(f)
13 Omit Article 16.
14 Omit Articles 18 and 19.
Reg. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)