The Bluetongue (Wales) Regulations 2008

Made: 16 April 2008

Laid before the National Assembly for Wales 2008: 17 April 2008

Coming into force: 26 April 2008

The Welsh Ministers are designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy of the European Community.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Welsh Ministers that it is expedient for the reference to Commission Regulation (EC) No. 1266/2007 (on implementing rules for Council Directive 2000/75/EC as regards the control, monitoring, surveillance and restrictions on movements of certain species of susceptible animals in relation to bluetongue ) to be construed as a reference to that Regulation as amended from time to time.

The Welsh Ministers make the following Regulations in exercise of the powers conferred on them by section 2(2) of the European Communities Act 1972 and paragraph 1A of Schedule 2 to that Ac ).

PART 1 — Introduction

Title, application and commencement

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The title of these Regulations is the Bluetongue (Wales) Regulations 2008; they apply in relation to Wales come into force on 26 April 2008.

Interpretation

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• (1) In these Regulations—

• “animal” (“anifail”) means a ruminating animal or a camelid;

• “carcase” (“carcas”) means the carcase of an animal;

• “Chief Veterinary Officer” (“Prif Swyddog milfeddygol”) means the Chief Veterinary Officer for Wales;

• “control zone” (“parth rheoli”) means a zone referred to in regulation 12;

• “germinal product” (“cynnyrch cenhedlol”) means the embryo, ovum, or semen of an animal;

• “inactivated vaccines” (“brechlynnau anweithredol”) means vaccines that are not live attenuated vaccines;

• “infected premises” (“mangre heintiedig”) means premises on which the existence of bluetongue has been confirmed;

• “inspector” (“arolygydd”) means an inspector appointed as such by the Welsh Ministers or a local authority for the purpose of these Regulations and, unless the context otherwise requires, includes a veterinary inspector;

• “live attenuated vaccines” (“brechlynnau byw a wanhawyd”) means vaccines which are produced by adapting bluetongue virus field isolates through serial passages in tissue culture or in embryonated hens' eggs;

• “local authority” (“awdurdod lleol”) means in relation to an area the county council or county borough council for that area;

• “midge” (“gwybedyn”) means an insect of the genus Culicoides;

• “premises” (“mangre”) includes any any land, building or other place;

• “vaccine” (“brechlyn”) means vaccine against bluetongue virus; and

• “veterinary inspector” (“arolygydd milfeddygol”) means a person appointed as such by the Welsh Ministers for the purposes of these Regulations.

• (2) Any authorisation, licence, notice or designation under these Regulations must be in writing, may be subject to conditions and may be amended, suspended or revoked ... at any time.

Exemptions

3

These Regulations do not apply to—

• (a) anything a person is authorised to do by licence granted under the Specified Animal Pathogens (Wales) Order 2008;

• (b) administration of a vaccine for research purposes in accordance with an animal test certificate granted under the Veterinary Medicines Regulations 2011.

Licences

4

• (1) A person moving anything under the authority of a specific licence granted under these Regulations must—

• (a) carry the licence or a copy of it at all times during the licensed movement;

• (b) on demand by a veterinary inspector, inspector or an officer of the Welsh Ministers, produce the licence or copy and allow a copy or extract to be taken.

• (2) A person moving anything under the authority of a general licence granted under these Regulations must—

• (a) carry, at all times during the movement, a consignment note that contains details of—

• (i) what is being transported, including the quantity;

• (ii) the date of the movement;

• (iii) the name of the consignor;

• (iv) the address of the premises from which the movement started;

• (v) the name of the consignee;

• (vi) the address of the premises of destination;

• (b) on demand by a veterinary inspector, inspector or an officer of the Welsh Ministers, produce the consignment note and allow a copy or extract to be taken.

Licences granted outside Wales

5

Except where otherwise directed by the Welsh Ministers and except in respect of a licence to obtain vaccine or a licence to vaccinate, licences granted in Scotland or England for activities which could be licensed in Wales under these Regulations have effect in Wales as if they were licences granted under these Regulations.

Declarations of zones

6

Declarations of zones—

• (a) must be in writing;

• (b) may be amended by further declaration at any time;

• (c) must designate the extent of the zone being declared; and

• (d) may only be revoked by further declaration.

Premises straddling zones

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• (1) Premises partly inside a temporary control zone and not inside any other zone are treated as being inside the temporary control zone.

• (2) Premises partly inside a control zone are treated as being inside that zone.

• (3) Premises partly inside a vaccination zone are treated as being inside that zone.

• (4) Otherwise—

• (a) if a restricted zone has been divided into a protection zone and a surveillance zone premises partly inside the protection zone and partly inside the surveillance zone are treated as being inside the protection zone;

• (b) premises partly inside a restricted zone and partly inside an area that does not have controls for bluetongue are treated as being inside the restricted zone; and

• (c) premises partly inside a restricted zone and partly inside a temporary control zone are treated as being inside the temporary control zone.

PART 2 — Suspected and confirmed bluetongue

Initial requirements where bluetongue is known or suspected

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• (1) The owner or keeper of any animal or carcase, or any person who examines or inspects any animal or carcase, who knows or suspects that the animal or carcase is infected with bluetongue, must—

• (a) immediately notify the Welsh Ministers; and

• (b) not move any animal or carcase on or off the premises where the animal or carcase known to be or suspected of being diseased is located, except as authorised by an inspector.

• (2) A person who analyses a sample taken from any animal or carcase and who finds evidence of antibodies to, or antigens or nucleic acids of, the bluetongue virus or any evidence of vaccination for bluetongue must immediately notify the Welsh Ministers.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Suspected or infected premises

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• (1) If the presence of bluetongue or bluetongue virus is suspected or confirmed at any premises, a veterinary inspector or inspector acting under the instructions of a veterinary inspector may serve a notice on the occupier or keeper of any animals on those premises, prohibiting the movement of animals or germinal products to or from the premises except in accordance with a licence.

• (2) A notice served under paragraph (1) may impose the following requirements on the occupier or keeper—

• (a) to make and maintain daily, an inventory of all animals and germinal products on the premises, recording, for each species—

• (i) the total number of animals;

• (ii) the total number and type of germinal products;

• (iii) the number of animals or germinal products affected or suspected of being affected with bluetongue or bluetongue virus;

• (iv) the number of animals which die or germinal products which are destroyed;

• (v) the number and destination of any animals or germinal products which are moved from the premises;

• (b) to keep a record of the inventory for a minimum period of two years from the date on which the notice is served;

• (c) to ensure all animals are kept indoors, or in accordance with the instructions of a veterinary inspector or inspector acting under the instructions of a veterinary inspector;

• (d) to subject animals on the premises to the midge control measures specified in the notice.

• (3) A licence granted under paragraph (1) must impose such conditions on the movement of animals or germinal products as a veterinary inspector or inspector acting under the instructions of a veterinary inspector considers necessary to prevent the spread of bluetongue virus.

• (4) A veterinary inspector or inspector acting under the instructions of a veterinary inspector may—

• (a) serve a notice under paragraph (1) on the occupier of premises or keeper of animals on those premises if the veterinary inspector or inspector acting under the instructions of a veterinary inspector suspects that animals on the premises have been exposed to bluetongue virus;

• (b) include such of the measures in paragraph (2) as are considered necessary to prevent the spread of bluetongue virus.

Temporary control zones

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• (1) If an inspector suspects that the bluetongue virus exists on any premises, the Welsh Ministers may declare a temporary control zone.

• (2) When a temporary control zone has been established in England which touches the border with Wales the Welsh Ministers may establish an associated temporary control zone in Wales.

• (3) The location and size of the temporary control zone is to be such as the Welsh Ministers consider appropriate to prevent the spread of disease.

• (4) Where a temporary control zone has been established, no person may move any animal or germinal product on to or off premises in the zone except in accordance with a licence issued by a veterinary inspector or by an inspector or officer of the Welsh Ministers acting under the instructions of a veterinary inspector.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Confirmation of bluetongue on premises

11

• (1) Once a veterinary inspector is satisfied that bluetongue exists on any premises, a veterinary inspector or inspector acting under the instructions of a veterinary inspector may serve a notice on the occupier or the keeper of any animals on those premises—

• (a) confirming the existence of bluetongue on the premises; ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) A notice under paragraph (1) may notify the occupier that (notwithstanding regulation 8) it is unnecessary to notify any further suspected cases of bluetongue on the premises to a veterinary inspector.

Measures on confirmation of the bluetongue virus

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• (1) If the Chief Veterinary Officer confirms that the bluetongue virus is circulating in Wales, the Welsh Ministers, on being satisfied ... that this is appropriate for disease control purposes, may declare an area to be a control zone.

• (2) The control zone must include the infected premises, and be of such size as the Welsh Ministers consider appropriate for disease control purposes.

• (3) No person may move an animal or germinal product to or from premises in a control zone except in accordance with a licence issued by a veterinary inspector or by an inspector or officer of the Welsh Ministers acting under the instructions of a veterinary inspector.

Restrictions in protection and surveillance zones

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• (1) If the Chief Veterinary Officer confirms that the bluetongue virus is circulating in Wales the Welsh Ministers—

• (a) may declare an appropriate area to be a restricted zone;

• (b) may, within a restricted zone, declare any area around an infected premises to be a protection zone, and any area beyond such protection zone to be a surveillance zone.

• (1A) A surveillance zone declared by the Welsh Ministers must not contain any land where animals have been vaccinated with live attenuated vaccines against bluetongue within the last 12 months.

• (1B) No person may vaccinate against bluetongue using live attenuated vaccine in a surveillance zone declared under this regulation.

• (2) No person may move an animal or germinal product out of a restricted zone except under the authority of a licence granted by a veterinary inspector or by an inspector or officer of the Welsh Ministers acting under the direction of a veterinary inspector.

• (3) No person may move an animal or germinal product out of a protection or surveillance zone except under the authority of a licence granted by a veterinary inspector or by an inspector or officer of the Welsh Ministers acting under the direction of a veterinary inspector.

• (3A) A declaration under paragraph (1) may include a prohibition on the movement of animals or germinal products onto or from premises within a zone, except under the authority of a licence granted by a veterinary inspector or by an inspector or officer of the Welsh Ministers acting under the direction of a veterinary inspector.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) A person is prohibited from moving an animal within a restricted zone if the animal shows clinical signs of bluetongue on the day of transport.

Slaughterhouses

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• (1) The Welsh Ministers may designate a slaughterhouse for the purpose of slaughtering animals moved in accordance with these Regulations.

• (2) If an animal is transported from a restricted zone to a slaughterhouse outside that restricted zone in accordance with a licence, the operator of the slaughterhouse must slaughter the animal within 24 hours of arrival.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Subsequent movement of animals

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• (1) Following the movement of an animal or germinal product from premises within a temporary control zone, protection zone, surveillance zone, control zone or restricted zone, a veterinary inspector or inspector acting under the direction of a veterinary inspector may by notice served on the occupier of premises to which the animal or germinal product has been moved—

• (a) prohibit the movement of that animal or germinal product off the premises to which the animal or germinal product has been moved;

• (b) prohibit the movement of any other animal or germinal product on to or off such premises;

• (c) specify such requirements as are considered by a veterinary inspector to be necessary in order to prevent the spread of disease.

• (2) A movement prohibited by a notice under paragraph (1) may be authorised under a licence issued by a veterinary inspector or by an inspector or officer of the Welsh Ministers acting under the direction of a veterinary inspector.

Bluetongue outside Wales

16

If bluetongue is confirmed outside Wales and the Welsh Ministers consider it appropriate for disease control purposes, the Welsh Ministers may declare in Wales a temporary control zone, a control zone, a protection zone, a surveillance zone or a restricted zone (which may be made up of a protection zone and a surveillance zone).

PART 3 — Vaccination

Obtaining vaccine

17

No person other than the holder of a marketing authorisation, a manufacturing authorisation or a wholesale dealer’s authorisation granted by the Secretary of State under the Veterinary Medicines Regulations 2013 may obtain vaccine except for the purpose of enabling the use of vaccines under regulation 19.

Prohibition on vaccination

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No person may vaccinate an animal against bluetongue except in accordance with regulation 19.

Compulsory vaccination

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• (1) The Welsh Ministers may grant a specific or general licence permitting the use of ... vaccines against bluetongue in accordance with this regulation.

• (2) The Welsh Ministers may declare a vaccination zone in which any occupier of premises or keeper of animals must ensure the vaccination of their animals ... vaccines and comply with any other measures related to either vaccination or vaccine specified in that declaration.

• (3) Where a zone is declared under paragraph (2), a veterinary inspector or by an inspector or officer of the Welsh Ministers acting under the direction of a veterinary inspector may serve a notice on the occupier of premises or the keeper of animals on premises requiring that occupier or keeper to ensure the vaccination ... vaccines of animals at the premises.

• (4) The Welsh Ministers may only grant a licence under paragraph (1) or declare a zone under paragraph (2) if the decision to use the vaccine is based on the result of a specific risk assessment carried out by the Welsh Ministers.

• (5) Whenever live attenuated vaccines are to be used, the Welsh Ministers must declare—

• (a) a protection zone consisting of at least the vaccination area; and

• (b) a surveillance zone extending beyond the limits of the protection zone in which no animals have been vaccinated with live attenuated vaccines against bluetongue within the last 12 months.

• (6) No person may vaccinate against bluetongue using live attenuated vaccine in a surveillance zone declared under this regulation.

PART 4 — Inspection, offences and enforcement

Powers of veterinary inspectors, officers and inspectors

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