The Avian Influenza (H5N1 in Poultry) (Wales) Order 2006

Explanatory Note

(This note is not part of the Order)

This Order transposes Commission Decision 2006/415/EC concerning certain protection measures in relation to highly pathogenic avian influenza of 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 the Commission Decision amending Decisions 2006/415/EC, 2006/416/EC and 2006/563/EC as regards the health mark to be applied to fresh poultry meat adopted on 1 December 2006 (SANCO/10587/2006 Rev.4). The Order supplements the general measures to control avian influenza set out in the Avian Influenza and Influenza of Avian Origin in Mammals (Wales) (No 2) Order 2006 (S.I. 2006/2927 (W.267)) (“the main Order”). Measures to control highly pathogenic avian influenza of subtype H5N1 in wild birds are set out in the Avian Influenza (H5N1 in Wild Birds) (Wales) Order 2006.

Articles 1 to 4 contain general introductory provisions. Article 5 specifies which zones declared under the main Order are zones A and B for the purposes of the Commission Decision.

Article 6 requires the National Assembly to declare temporary control zones or temporary movement restriction zones under the main Order if highly pathogenic avian influenza of subtype H5N1 is suspected in poultry. Article 7 relates to the location and size of such zones. Article 8 requires the National Assembly to declare a restricted zone under the main Order 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 Order. Additional measures in articles 9 to 14 of this Order restrict movements of the following:

(a) poultry and other captive birds from restricted zones (article 9);

(b) hatching eggs from restricted zones (article 10);

(c) wild game bird products from protection, surveillance and restricted zones (articles 11 to 13);

(d) by-products from any bird in a protection, surveillance or restricted zone (article 14).

Article 15 of the Order bans bird gatherings in restricted zones. Articles 16 to 24 contain general measures relating to enforcement of the Order.

A breach of this Order is an offence under section 73 of the Animal Health Act 1981, punishable under section 75 of that Act.

A regulatory appraisal of the effect that this Order will have on the costs of business has not been prepared because of the obligation to implement European Commission Decisions on animal disease control as quickly as possible.