Article 3 Definitions

For the purposes of this Regulation, the definitions of Directive 2005/94/EC shall apply F1, subject to the modifications below.

F2Article 2 of Directive 2005/94/EC is to be read as if—

1. (a)

   in point 4 (definition of “poultry”), for “all birds” to the end there were substituted “fowl, turkeys, guinea fowl, ducks, geese, quails, pigeons, pheasants, partridges and ratites (Ratitae) reared or kept in captivity for breeding, the production of meat or eggs for consumption, or for restocking supplies of game”;

2. (b)

   point 15 (definition of “diagnostic manual”) were omitted;

3. (c)

   in point 18 (definition of “competent authority”)—

   1. (i)

      for “authority of a Member State” there were substituted “person or body”;

   2. (ii)

      “in accordance with this Directive” were omitted;

4. (d)

   in point 21 (definition of “official supervision”), for “this Directive” there were substituted “relevant legislation”.

The following definitions shall also apply:

1. (a)

   ‘birds’ means animals of the avian species other than those referred to in the second paragraph of Article 2;

2. (b)

   ‘approved breeding establishment’ means:

   1. (i)

      an establishment used exclusively for the breeding of birds; and

   2. (ii)

      that has been inspected and approved by the competent authority of the exporting third country for compliance with the conditions provided for in Article 4 and Annex II;

3. (c)

   ‘captive bred birds’ means birds that have not been caught in the wild but have been born and bred in captivity from parents that mated or had gametes otherwise transferred in captivity;

4. (d)

   ‘seamlessly closed leg-ring’ means a ring or band in a continuous circle, without any break or join, which has not been tampered with in any way, of a size which cannot be removed from the bird when its leg is fully grown after having been applied in the first days of the bird’s life and which has been commercially manufactured for that purpose;

5. (e)

   ‘approved quarantine facility’ means premises, other than quarantine centres:

   1. (i)

      in which quarantine of imported birds is carried out;

   2. (ii)

      which has been inspected and approved by the competent authority for compliance with the minimum conditions provided for in Article 6 and Annex IV;

6. (f)

   ‘approved quarantine centre’ means premises:

   1. (i)

      in which quarantine of imported birds is carried out;

   2. (ii)

      containing a number of units, which are operationally and physically separated from each other and in which each unit contains only birds of the same consignment, with the same health status, and therefore comprises a single epidemiological unit;

   3. (iii)

      which has been inspected and approved by the competent authority for compliance with the minimum conditions provided for in Article 6 and Annex IV;

7. (g)

   ‘sentinel birds’ means poultry which are to be used as a diagnostic aid during quarantine;

8. (h)

   ‘diagnostic manual’ means the Diagnostic Manual for avian influenza set out in the Annex to Decision 2006/437/EC.

9. (i)

   F3“appropriate authority” means the Secretary of State (in relation to England), the Welsh Ministers (in relation to Wales) and the Scottish Ministers (in relation to Scotland); but the “appropriate authority” is the Secretary of State if consent is given by:

   1. (i)

      in relation to Wales, the Welsh Ministers;

   2. (ii)

      in relation to Scotland, the Scottish Ministers;

10. (j)

    “third country” means any country or territory other than the British Islands.