Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 30th May, 2014.

I, SIMON COVENEY, Minister for Agriculture, Food and the Marine, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) for the purpose of giving further effect to Commission Decision 2006/563/EC of 11 August 2006¹ , hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in wild birds) (No. 2) (SI No. 480 of 2006) Regulations 2006 (Amendment) Regulations 2014 and come into operation on 3 June 2014.

2. The European Communities (Protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in wild birds) (No. 2) Regulations 2006 are amended-

(a) in Regulation 2(1), by the substitution-

(i) for the definition of "authorised officer", of-

" ‘authorised officer’ means-

(a) a person appointed under section 37 of the Animal Health and Welfare Act 2013 (No. 15 of 2013),

(b) a member of the Garda Siochana, or

(c) an officer of Customs and Excise", and

(ii) for the definition of "official veterinarian", of-

"‘official veterinarian’ means an authorised officer of the Minister who is a veterinary practitioner within the meaning of the Veterinary Practice Act 2005 ;",

and

(b) by the substitution, for Regulation 10, of-

"10.An authorised officer may exercise any or all of the powers conferred on an authorised officer by section 38 of the Animal Health and Welfare Act 2013 ."

GIVEN under my Official Seal,

28 May 2014.

SIMON COVENEY,

Minister for Agriculture, Food and the Marine.

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation.)

These Regulations provide that an Authorised Officer within the meaning of the Animal Health and Welfare Act 2013 is also an authorised officer under the European Union (Protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in wild birds) (No. 2) Regulations 2006 and may exercise the functions of an authorised officer under that Act for the purposes of those Regulations.

1 OJ No. L222, 15.8.2006, p.11