# The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018, Regulation 16: Commission Decision 2010/367/EC on the implementation by Member States of surveillance programmes for avian influenza in poultry and wild birds


(1) Commission Decision 2010/367 on the implementation by Member States of surveillance programmes for avian influenza in poultry and wild birds is amended as follows.
(2) In Article 1, for “Member States” substitute “ The appropriate Minister ”.
(3) After Article 1 insert—
“Article 1a
For the purposes of this Decision—
(a) “the competent authority” means the appropriate Minister for the relevant constituent part of Great Britain;
(b) “the appropriate Minister” means—
(i) in relation to England, the Secretary of State;
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii) in relation to Scotland, the Scottish Ministers;
(iii) in relation to Wales, the Welsh Ministers.”.
(4) In Article 2—
(a) in paragraph 1, for “Member States” substitute “ The appropriate Minister ”;
(b) omit paragraph 3.
(5) In Article 3—
(a) for “Member States” substitute “ the appropriate Minister ”;
(b) after “Article 4(1) of Directive 2005/94/EC” insert “ (read as if it applied to the appropriate Minister rather than to Member States) ”.
(6) Omit Articles 4 and 6.
(7) In Annex 1—
(a) in paragraph 2, for “Member States,” substitute “ Great Britain ”;
(b) in paragraph 2.1—
(i) for “Member States” substitute “ The appropriate Minister ”;
(ii) in the third unnumbered paragraph omit “in the Member State concerned”;
(c) in paragraph 2.2—
(i) for “If a Member State is not” substitute “ An appropriate Minister, if not ”;
(ii) omit “it”;
omit “throughout the whole territory of the Member State,”;
(iii)
(iv) at the end of the second unnumbered subparagraph, for “ the Member State ” substitute “ Great Britain ”;
(d) in paragraph 3(n), for “Member States” substitute “ areas ”;
(e) in paragraph 4, omit “at Member State level,”;
(f) in paragraph 4.1.2 (b), omit “in the Member State”;
(g) in paragraph 5.1.1 and 5.1.2, in Tables 1 and 2, in the heading to the first column, omit “per Member State”;
(h) in paragraph 8, for “Member States” substitute “ the appropriate Minister ”;
(i) in paragraph 9—
(i) in the first unnumbered subparagraph, for the words from “National Reference Laboratories for avian influenza” to “control of the NRL” substitute “ the national reference laboratory for avian influenza or by other laboratories authorised by the Secretary of State (“the NRL”) with the consent of the other appropriate Ministers ”;
(ii) omit the third unnumbered subparagraph;
(iii) in the fourth unnumbered subparagraph omit “supplied by the EURL”;
(iv) in the fifth unnumbered subparagraph, omit “The conclusions of all those investigations shall be reported to the Commission.”;
(v) omit the sixth and seventh unnumbered subparagraphs.
(8) In Annex 2, in Part 1—
(a) in paragraph 2(e) omit the words from “This could” to the end;
(b) in paragraph 3(c)—
(i) in the second sentence, for the words from “EURL” to the end of the sentence substitute “ NRL ”, and
(ii) in the last sentence, for “EURL” substitute “ NRL ”;
(c) in paragraph 4,—
(i) in the second unnumbered paragraph omit “in Member States”;
(ii) in the third unnumbered subparagraph—
(aa) for “Member State” substitute “ the appropriate Minister ”;
(bb) for “EURL” substitute “ NRL ”.

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Source: https://www.legislation.gov.uk/uksi/2018/1410/regulation/16 (the official version)
Page: https://openlegislation.uk/exotic-disease-amendment-etc-eu-exit-regulations-2018/regulation-16
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.