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These Regulations transpose, in relation to Wales, 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 National Assembly.
Regulations 6 and 7 permit the National Assembly, if it 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 it considers should be vaccinated, or to serve vaccination notices on premises where such birds are kept. Regulation 8 gives the National Assembly 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 Wales, 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 National Assembly 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.
Regulation 25 revokes The Avian Influenza (Vaccination) (Wales) Regulations 2006.
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