Regulation 6 The Avian Influenza (Vaccination) (Wales) (No.2) Regulations 2006

(1)

The Avian Influenza (Vaccination) (Wales) (No.2) Regulations 2006^f1 are amended as follows.

(2)

In regulation 2—

(a)

in paragraph (1)—

(i)

for the definition of “emergency vaccination plan” substitute—

““emergency vaccination plan” (“cynllun brechu brys”) means an emergency vaccination plan published in accordance with Article 53 of the Directive as read with the modifications set out in paragraph (3)”;

(ii)

for the definition of “preventive vaccination plan” substitute—

““preventive vaccination plan” (“cynllun brechu ataliol”) means a preventive vaccination plan published in accordance with Article 56 of the Directive as read with the modifications set out in paragraph (4)”;

(b)

after paragraph (2) insert—

(3)
For the purposes of the definition of “emergency vaccination plan” in paragraph (1), Article 53 of the Directive is to be read as if it were modified as follows—

(a)
in paragraph 1—

(i)
for “A Member State” substitute “The Welsh Ministers”;

(ii)
for the words from “the Member State concerned” to the end substitute “Wales”;

(b)
in paragraph 2—

(i)
for “a Member State intends” substitute “the Welsh Ministers intend”;

(ii)
for “it shall submit an emergency vaccination plan to the Commission for its approval” substitute “the Welsh Ministers must publish an emergency vaccination plan”;

(iii)
in sub-paragraph (g), for “the measures provided for in Sections 3, 4 and 5 of Chapter IV and Section 3 of Chapter V” substitute

"any provision of—

(i)
the Avian Influenza (Preventive Measures) (Wales) Regulations 2006 (S.I. 2006/2803);

(ii)
the Avian Influenza and Influenza of Avian Origin in Mammals (Wales) (No. 2) Order 2006 (S.I. 2006/2927);

(iii)
the Avian Influenza (Vaccination) (Wales) (No. 2) Regulations 2006 (S.I. 2006/2932);

(c)
omit paragraph 3.

(4)
For the purposes of the definition of “preventive vaccination plan” in paragraph (1), Article 56 of the Directive is to be read as if it were modified as follows—

(a)
in paragraph 1—

(i)
for “Member States” substitute “The Welsh Ministers”;

(ii)
for “their territory” substitute “Wales”;

(b)
in paragraph 2—

(i)
for “a Member State intends” substitute “the Welsh Ministers intend”;

(ii)
for “it shall submit a preventive vaccination plan to the Commission for its approval” substitute “the Welsh Ministers must publish a preventive vaccination plan”;

(iii)
in sub-paragraph (g), for “the measures provided for in Sections 3, 4 and 5 of Chapter IV and Section 3 of Chapter V” substitute

“any provision of—

(i)
the Avian Influenza (Preventive Measures) (Wales) Regulations 2006 (S.I. 2006/2803);

(ii)
the Avian Influenza and Influenza of Avian Origin in Mammals (Wales) (No. 2) Order 2006 (S.I. 2006/2927);

(iii)
the Avian Influenza (Vaccination) (Wales) (No. 2) Regulations 2006 (S.I. 2006/2932);”

(c)
omit paragraph 3.

(3)

In regulation 6(3), for “submitted to and approved by the European Commission in accordance with Articles 53 and 54 of the Directive” substitute “published”.

(4)

In regulation 7(2)(b), for “submitted to and approved by the European Commission in accordance with Articles 56 and 57 of the Directive” substitute “published”.

(5)

In regulation 10—

(a)

the heading becomes “Emergency vaccination without a published plan”;

(b)

in paragraph (1), for “approved by the European Commission in accordance with Article 54 of the Directive” substitute “published”;

(c)

in paragraph (7), for “an emergency vaccination plan has been approved by the European Commission in accordance with Article 54 of the Directive” substitute “a plan equivalent to an emergency vaccination plan has been published by the Scottish Ministers, the Secretary of State or the Northern Ireland Executive, as the case may be”.

(6)

In regulation 19(3)(c), for “EU obligations” substitute “retained EU law”.

Annotations

Footnotes

f1: S.I. 2006/2932 (W. 265) to which there are amendments not relevant to these Regulations.