These Regulations transpose, in relation to England, Council Directive 2005/94/EC on Community measures for the control of avian influenza repealing Directive 92/40/EEC (OJ 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 required or licensed by the Secretary of State.

Regulations 6 and 7 permit the Secretary of State, if he considers it necessary to reduce the risk of the spread of avian influenza, to declare vaccination zones in areas that contain poultry or other captive birds that he considers should be vaccinated, or to serve vaccination notices on premises where such birds are kept. Regulation 8 gives the Secretary of State the power to require vaccination in these zones or on such premises. 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 England, 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 7 also permits the Secretary of State to grant licences 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.

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 licensed.

Regulations 14 to 24 relate to powers of inspectors, offences and enforcement. Regulation 21 applies offence-related provisions of the Animal Health Act 1981 (c.22) as if the Regulations were made under the Act. Consequently, failure to comply with the Regulations is an offence under section 73 of the Act. Regulation 21(3) provides that a person guilty of an offence under these Regulations is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding £5000 or both.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business has been prepared and placed in the library of each House of Parliament, together with a Transposition Note setting out how the vaccination elements of Directive 2005/94/EC are transposed in these Regulations. Copies may be obtained from the Department for Environment, Food and Rural Affairs, Exotic Disease Prevention and Control Division, 1A Page Street, London SW1P 4PQ.