PART 2Amendments etc. to retained direct EU legislation

Commission Regulation (EC) No 616/2009 implementing Council Directive 2005/94/EC as regards the approval of poultry compartments and other captive birds compartments with respect to avian influenza and additional preventive biosecurity measures in such compartmentsI115

1

Commission Regulation (EC) No 616/2009 implementing Council Directive 2005/94/EC as regards the approval of poultry compartments and other captive birds compartments with respect to avian influenza and additional preventive biosecurity measures in such compartments is amended as follows.

2

In Article 1, for “Member States” substitute “ appropriate Minister ”.

3

In Article 2, after paragraph 6, insert—

7

“The appropriate Minister” means—

a

in relation to England, the Secretary of State;

F1b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1b

in relation to Scotland, the Scottish Ministers;

F1c

in relation to Wales, the Welsh Ministers.

8

“The competent authority” means the appropriate Minister for the relevant constituent part of F2Great Britain.

9

“EU-derived domestic legislation” has the same meaning as in section 2(2) of the European Union (Withdrawal) Act 2018.

4

In Article 4—

a

in paragraph 1—

i

in the first subparagraph, for the words “the territory, or part of the territory” to the end substitute “ an area of F3Great Britain where no restrictions apply in relation to avian influenza, pursuant to EU-derived domestic legislation ”,

ii

in the second subparagraph—

aa

for “in a Member State whose” substitute “ where a ”;

bb

for “approved” substitute “ put in place by an appropriate Minister ”;

b

in paragraph 2(b), for “Community” substitute “ EU-derived domestic ”.

5

In Article 5(2)(d), omit “or Community reference laboratory”.

6

In Article 9—

a

for “Member States shall” substitute “ The appropriate Minister must ”;

b

omit paragraph 1(c);

c

omit paragraph 2.

7

In the words immediately after Article 10, omit “and directly applicable in all Member States”.

8

In the Annex—

a

in Part 1 , in paragraph 2(e), for “Community legislation” substitute “ EU-derived domestic legislation ”;

b

in Part 2, in paragraph 3, for “the Member State or in the region or zone” substitute “ an area ”;

c

in Part 3—

F4i

in paragraph 4(a) and (b) for “the territory of the Member State” substitute “Great Britain”;

ii

in paragraph 4(c), for “Community legislation”, in both places where it appears, substitute “EU-derived domestic legislation”.