EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations transpose for Northern Ireland, Council Directive 2005/94/EC on Community measures for the control of avian influenza and repealing Directive 92/40/EEC (O.J. No. L10, 14.1.2006, p. 16) insofar as it deals with vaccination against avian influenza.
Regulation 5 imposes a general prohibition on vaccination of birds against avian influenza except where licenced by the Department.
Regulations 6 permits the Department, if it considers it necessary to reduce the risk of the spread of avian influenza, to declare a vaccination zone in an area that contains poultry or other captive birds that it considers should be vaccinated or to serve a vaccination notice on premises where such birds are kept. Regulation 7 also permits the Department to grant a licence to occupiers of premises that permit vaccination of birds or certain categories of birds, on those premises. Such a measure can only be carried out on a preventive basis and where a risk assessment indicates that birds on the premises are exposed to a risk of avian influenza. Such measures can only be carried out in accordance with a vaccination plan approved by the European Commission and where a risk assessment has been carried out that has indicated that there is a significant and immediate threat of avian influenza spreading within or into Northern Ireland or that certain areas or birds are in any event exposed to a risk of avian influenza. These measures will be emergency or preventive, depending on the nature of the risk.
Regulation 8 provides for the declaration of a vaccination zone in the event of a programme of vaccination within certain parameters in the Republic of Ireland.
Regulation 9 provides for measures applying in a vaccination zone or premises that are the subject of a vaccination notice or a vaccination licence. Regulation 10 provides that where emergency vaccination is undertaken before the European Commission has approved the national emergency vaccination plan, there is a general prohibition on the movement of poultry, other captive birds and their eggs from one premises within an emergency vaccination zone to another within an emergency vaccination zone, into or out of any emergency vaccination zone and into or out of any premises that is the subject of a vaccination notice unless the movement is one of the permitted movements listed in the Schedule and the movement is licenced.
Regulation 11 makes provision for birds which ought to have been included in a vaccination programme but were not for any reason vaccinated.
Regulation 12 provides for the slaughter of vaccinated poultry or other captive birds.
Regulation 13 requires occupiers to provide facilities, equipment and materials where cleansing and disinfection of vehicles is required on their premises.
Regulation 14 provides for the feeding and tending of birds which cannot be moved on termination of a right of occupation of premises because of a restriction imposed by the Regulations.
Regulations 15 to 22 relate to provision of information, powers of inspectors, records and offences.