{
  "url": "https://openlegislation.uk/eu-decision-2018-1136/article-3",
  "json_url": "https://openlegislation.uk/eu-decision-2018-1136/article-3.json",
  "legislation": "eudn/2018/1136",
  "legislation_title": "Commission Implementing Decision (EU) 2018/1136 of 10 August 2018 on risk mitigation and reinforced biosecurity measures and early detection systems in relation to the risks posed by wild birds for the transmission of highly pathogenic avian influenza viruses to poultry (notified under document C(2018) 5243) (Text with EEA relevance)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2018-1136",
  "path": "article/3",
  "kind": "article",
  "number": "3",
  "heading": "Identification of high risk areas for the introduction and spread of HPAI viruses",
  "text": "1. Each authority who in relation to a constituent part of Great Britain is the appropriate Minister shall identify the areas of their territory that are at particular risk for the introduction of HPAI viruses into holdings (‘high risk areas’), taking into account:\n(a) the risk factors for the introduction of HPAI viruses into holdings, in particular with respect to:\n(i)their geographical location in areas ... through which migratory birds are travelling or where these birds are resting during their migratory movements after having entered the EU in particular via the north-eastern and eastern migratory routes;\n(ii)their proximity to wet areas, ponds, swamps, lakes, rivers or the sea where migratory birds, in particular those of the orders Anseriformes and Charadriiformes, may gather and have their stop-over places;\n(iii)their geographical location in areas with a high density of migratory birds, particularly water birds;\n(iv)poultry kept in open-air holdings, where contact between wild birds and poultry cannot be prevented or sufficiently controlled;\n(v)current and past detections of HPAI viruses in poultry, other captive birds and wild birds;\n(b) the risk factors for the spread of HPAI viruses within holdings and between holdings, in particular, where:\n(i)the geographical location of the holding is in an area with a high density of holdings, in particular those keeping ducks and geese and any poultry with open-air access;\n(ii)the intensity of movements of vehicles transporting poultry and of persons within and from holdings, and where other direct and indirect contacts between holdings is high;\n(c) risk assessments and scientific advice in relation to the relevance of the spread of HPAI viruses by wild birds carried out by ... national and international risk assessment bodies;\n(d) the results of surveillance programmes carried out in accordance with Article 4 of Directive 2005/94/EC.\n2. Each authority who in relation to a constituent part of Great Britain is the appropriate Minister shall ensure that stakeholders active in the poultry sector, including small-size holdings are informed by the most appropriate means about the delineation of the high risk areas identified in accordance with paragraph 1.\n3. Each authority who in relation to a constituent part of Great Britain is the appropriate Minister shall keep the extent of the delineation of the high risk areas under constant review.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Art. 3(1) substituted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 19(3)(a)(i) (as amended by S.I. 2020/1388, regs. 1(2)(a), 25(15)(b)); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Art. 3(1)(a)(i) omitted (31.12.2020) by virtue of The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 19(3)(a)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Word in Art. 3(1)(a)(i) substituted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 19(3)(a)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in Art. 3(1)(c) omitted (31.12.2020) by virtue of The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 19(3)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in Art. 3(2) substituted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 19(3)(b) (as amended by S.I. 2020/1388, regs. 1(2)(a), 25(15)(b)); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in Art. 3(3) substituted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 19(3)(b) (as amended by S.I. 2020/1388, regs. 1(2)(a), 25(15)(b)); 2020 c. 1, Sch. 5 para. 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2018/1136/article/3",
    "retrieved_at": "2026-11-01T15:13:01.474734+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}