SCHEDULE 1 continued PART 5
14. No person may move any manure from poultry or other captive birds from premises in a wild bird control area unless–
(a) the movement is to an establishment for treatment in accordance with Regulation (EC) No. 1774/2002;
(b) the poultry manure has already been so treated and the movement is licensed in accordance with paragraph 13(2)(l); or
(c) it originates from premises from which poultry have been moved under the authority of a licence granted under paragraph 1(2)(a), (b) or (c).
15. No person may spread any manure from poultry or other captive birds from premises in a wild bird control area unless–
(a) it has been treated in accordance with Regulation (EC) No. 1774/2002; or
(b) it originates from premises from which poultry have been moved under the authority of a licence granted under paragraph 1(2)(a), (b) or (c).
16.—(1) No person may arrange any fair, market, show, exhibition or other gathering involving the collecting together of poultry or other captive birds in a wild bird control area.
(2) No person may bring any poultry or other captive birds to such a gathering.
17. No person may hunt wild birds or otherwise take them from the wild in a wild bird control area except under the authority of a licence granted by the Scottish Ministers.
18. No person may release game birds in a wild bird control area.
Article 8(2)
1.—(1) No person may move poultry or other captive birds from premises in a wild bird monitoring area before 15 days have elapsed since the declaration of the area, except under the authority of a licence granted by a veterinary inspector or an inspector acting under the direction of a veterinary inspector.
(2) A veterinary inspector may not grant or direct the grant of a licence for a movement under paragraph (1) unless it is a movement of–
(a) poultry to a slaughterhouse within the wild bird monitoring area or the wild bird control area situated on the same outbreak point or a designated slaughterhouse;
(b) poultry to any premises other than a slaughterhouse;
(c) day old chicks hatched from eggs which were collected from premises within that wild bird monitoring area to premises in the United Kingdom;
(d) day old chicks hatched from eggs which were collected from premises within the wild bird control area centred on the same outbreak point as that wild bird monitoring area to premises in the United Kingdom; or
(e) day old chicks hatched from eggs which were collected from premises outside that wild bird monitoring area or the wild bird control area centred on the same outbreak point to any premises.
(3) A veterinary inspector may not grant or direct the grant of a licence for a movement referred to in sub paragraph (2)(e) unless the veterinary inspector is satisfied that there was no contact, at the hatchery from which the day old chicks are being moved, between the eggs from which the day old chicks were hatched and any other hatching eggs or day old chicks originating from poultry within the wild bird control area or wild bird monitoring area.
2. The occupier of a slaughterhouse to which poultry are moved in accordance with paragraph 1(2)(a) must ensure that the poultry are slaughtered without delay.
3. If a veterinary inspector, or an inspector of the local authority acting under the direction of a veterinary inspector grants a licence under paragraph 1(2)(d) for a movement of day old chicks to premises outside the wild bird control area, or outside the wild bird monitoring area situated on the same outbreak point, the occupier of the premises to which they are moved must ensure that neither they nor any other poultry are moved off the premises for 21 days from the date when those day–old chicks arrived.
4. No person may hunt wild birds or otherwise take them from the wild in a wild bird monitoring area except under the authority of a licence granted by the Scottish Ministers.
5.—(1) No person may arrange any fair, market, show, exhibition or other gathering involving the collecting together of poultry or other captive birds in a wild bird monitoring area.
(2) No person may bring any poultry or other captive birds to such a gathering.
6. No person may release game birds in a wild bird monitoring area.
Article 8(3)
1. This Schedule applies in respect of premises in a wild bird control area and a wild bird monitoring area where poultry or other captive birds are kept, other than slaughterhouses.
2. The occupier must provide and maintain means of disinfection at the entrances and exits of the premises and any buildings on the premises housing poultry or other captive birds, and take reasonable steps to ensure that they are used appropriately by persons entering and leaving the premises.
3. A person entering or leaving premises must not wear clothing or footwear which is visibly soiled with mud, droppings, animal or bird faeces, or any similar matter.
4. A person in charge of any vehicle entering or leaving premises must ensure that–
(a) its wheels, wheel arches and mudflaps are cleansed and disinfected; and
(b) its outside is not visibly soiled with mud, animal or bird faeces or any similar matter.
(This note is not part of the Order)
This Order extends to Scotland only and implements Commission Decision 2006/563/EC concerning certain protection measures in relation to highly pathogenic avian influenza of subtype H5NI in wild birds in the Community and repealing Decision 2006/115/EC (O.J. No. L 222, 15.8.2006, p.11). It also specifies the health mark, and the alternative health mark pursuant to Directive 2002/99/EC, to be applied to fresh and processed poultry meat and meat products which are to be moved out of a wild bird control area to another part of the UK. These marks are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health of 1st December 2006.
This Order provides that if the Chief Veterinary Officer (Scotland) advises the Scottish Ministers that avian influenza of subtype H5 is present in a wild bird or a wild bird carcase and that the Chief Veterinary Officer (Scotland) suspects or confirms that the neuraminidase type is N1, the Scottish Ministers must, subject to a derogation, declare a wild bird control area and a wild bird monitoring area (articles 5, 6 and 7) (article 5(4) sets out the exception to the requirement to make a declaration). Article 8 sets out the measures to apply in such areas by reference to the Schedules, and the circumstances in which the Scottish Ministers can amend a declaration to disapply certain measures in those areas. Article 9 provides that the Scottish Ministers may impose additional measures to those set out in the Schedules. Article 12 sets out the circumstances in which the Scottish Ministers can either amend a declaration of a wild bird control area so that it becomes part of the wild bird monitoring area or revoke the declaration of either area.
The Scottish Ministers must ensure that veterinary inspectors inspect commercial premises in a wild bird control area or a wild bird monitoring area to monitor the spread of avian influenza (article 11).
Articles 13 to 23 relate to record keeping, cleansing and disinfection, provision of reasonable assistance and powers of inspectors.
Schedule 1 sets out the measures that are to apply in respect of a wild bird control area including measures relating to the movement of birds (Part 1), the movement of hatching eggs and SPF eggs (Part 2), the movement of controlled meat (Part 3), the movement of by products (Part 4) and the use or movement of manure, the hunting or release of birds and bird gatherings (Part 5) and other provisions relating to the measures to be taken at premises receiving birds or their products from the area. Schedule 2 sets out the measures that are to apply in respect of a wild bird monitoring area including measures relating to the movement of birds and prohibitions on bird gatherings and the hunting or release of birds. Schedule 3 set out the biosecurity measures that are to apply in respect of premises where poultry or other captive birds are kept in a wild bird control area or a wild bird monitoring area.
This Order is enforced by the local authority (article 24).
This Order revokes the Avian Influenza (H5NI in Wild Birds) (Scotland) Order 2006 (article 25).
Failure to comply with this Order is an offence under section 73 of the Animal Health Act 1981 (c. 22), punishable in accordance with section 75 of that Act.
No Regulatory Impact Assessment has been prepared in respect of this Order.