The Avian Influenza (H5N1 in Wild Birds) Regulations (Northern Ireland) 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement for Northern Ireland—

(a) 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 and repealing Decision 2006/115/EC (O.J. No L222, 15.8.2006, p11), as amended by the Commission Decision 2007/119/EC amending Decisions 2006/415/EC, 2006/416/EC and 2006/563/EC as regards the health mark to be applied to fresh poultry meat; and

(b) Commission Decision 2007/118/EC establishing an alternative health mark pursuant to Directive 2002/99/EC.

Regulations 5, 6 and 7 provide that if avian influenza of subtype H5 is present in a wild bird or wild bird carcase and that the Department suspects or confirms that the neuraminidase type is N1, it must, subject to a derogation, declare a wild bird control area and a wild bird monitoring area.

Regulation 8 introduces Schedules 1 – 3 and sets out the circumstances in which the Department can amend a declaration so that certain measures do not apply in respect of those areas.

Regulation 9 provides that the Department may in its declaration of a wild bird control area or a wild bird monitoring area, impose additional measures to those set out in the Schedules.

Regulation 10 sets out restrictions on the movement of any thing from Great Britain.

Regulation 11 requires commercial premises in a wild bird control area or a wild bird monitoring area to be inspected to monitor the spread of avian influenza.

Regulation 12 sets out the circumstances in which the Department can either amend a declaration of a wild bird control area so that it becomes part of the wild bird monitoring area or revoke the declaration of either area.

Regulation 13 deems premises to be designated for the purpose of receiving poultry, eggs or bird by-products unless the Department directs otherwise.

Regulations 14 to 15 relate to the provision of information and reasonable assistance, record keeping and to compliance with requirements laid down under the Regulations.

Regulation 16 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.

Regulation 17 relates to cleansing and disinfection.

Regulations 18 to 22 set out powers of inspectors and contain measures related to the enforcement of the Regulations.

Schedule 1 sets out the measures that are to apply in respect of a wild bird control area including measures relating to the movement of birds (Part I), the movement of hatching eggs (Part II), the movement of meat (Part III), the movement of poultry by-products (Part IV) and the use or movement of manure, the hunting or release of birds and bird gatherings (Part V) and other provisions relating to the measures to be taken at premises receiving birds or their products from the area.

Schedule 2 sets out the measures that are to apply in respect of a wild bird monitoring area including measures relating to the movement of birds and prohibitions on bird gatherings and the hunting or release of birds.

Schedule 3 sets out the biosecurity measures that are to apply in respect of premises where poultry or other captive birds are kept in a wild bird control area or a wild bird monitoring area.