PART 2U.K.Amendments etc. to retained direct EU legislation

Commission Decision 2006/563/EC concerning certain protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in wild birds in the CommunityU.K.

11.—(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 [F1Great Britain] (the affected part of [F1Great Britain]) ”;

(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 [F2Great Britain].”;

(b)after definition (c), insert by—

“(d)

“the appropriate Minister” means—

(i)

in relation to England, the Secretary of State;

(ii)

F3...

(ii)

F3in relation to Scotland, the Scottish Ministers;

(iii)

F3in relation to Wales, the Welsh Ministers.

(e)

“the competent authority” means the appropriate Minister for the relevant constituent part of [F4Great Britain];

(f)

“third country” means any country [F5or territory other than the British Islands].”.

(4) In Article 3—

(a)in paragraph 1, for “affected Member State” substitute “ appropriate Minister for the affected part of [F6Great Britain] ”;

(b)for paragraph 3 substitute—

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

F7(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F8Great Britain] ”;

(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 [F9Great Britain] ”.

(7) In Article 6—

(a)in the first sentence, for “affected Member State” substitute “ appropriate Minister for the affected part of [F10Great Britain] ”;

(b)in point (g), before “Member States”, insert “ parts of [F11Great Britain], ”.

(8) In Articles 7 and 8, for “affected Member State” substitute “ appropriate Minister for the affected part of [F12Great Britain] ”.

(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 [F13Great Britain] ”;

(ii)in subparagraph (b), for “Member State” substitute “ part of [F14Great Britain] ”;

(b)in paragraph 2—

(i)for “affected Member State” substitute “ appropriate Minister for the affected part of [F15Great Britain] ”;

(ii)for “same Member State” substitute “ same part of [F16Great Britain], ”.

(10) In Article 10—

(a)in paragraphs 1 and 2, for “affected Member State” substitute “ appropriate Minister for the affected part of [F17Great Britain] ”;

(b)in paragraph 3, for “other Member States” substitute “ any other part of [F18Great Britain] ”.

(11) In Article 11—

(a)in paragraphs 1 and 2, for “affected Member State” substitute “ appropriate Minister for the affected part of [F19Great Britain] ”;

(b)in paragraph 2(b), before “Member States” insert “ parts of [F20Great Britain] or ”.

(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 [F21Great Britain] ”;

(b)in paragraph 1(b), for “Member States” substitute “ parts of [F22Great Britain] ”;

(c)in paragraph 2, for the first sentence substitute—

“The appropriate Minister for the affected part of [F23Great 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.”.

(13) Omit Article 16.

(14) Omit Articles 18 and 19.

Textual Amendments

F3Reg. 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)

Commencement Information

I1Reg. 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)