Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 16th December, 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 effect to Council Directive 2005/94/EC of 20 December 2005¹ hereby make the following regulations:

1. These Regulations may be cited as the European Union (Control of Avian Influenza) Regulations 2006 (Amendment) (No. 2) Regulations 2014.

2. The European Union (Control of Avian Influenza) Regulations 2006 ( S.I. No. 701 of 2006 ) are amended by the substitution for Part 16, of-

"Part 16

Compensation

49. Subject to Regulation 50 (inserted by Regulation 2 of the European Union (Control of Avian Influenza) Regulations 2006 (Amendment) (No. 2) Regulations 2014), Part 6 of the Animal Health and Welfare Act 2013 applies to the payment of compensation for poultry slaughtered under these Regulations as if the poultry was slaughtered under section 30 of that Act.

50. This Part does not apply to pet birds, the product of a wild bird, or eggs of pigeons, doves, peafowl, swans or birds of the species psittaciforme.

51. Compensation shall be paid in the basis of an assessment of the market value of the poultry referred to in Regulation 49 by age and by category.

52. An applicant for compensation shall nominate a valuer to act in his or her particular case from a list prepared by the Minister and, within 2 days, notify the Minister of the nomination."

GIVEN under my Official Seal,

11 December 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 apply the provisions relating to compensation payable under the Animal Health and Welfare Act 2013 to compensation payable in respect of avian influenza.

1 OJ No. L10, 14.1.2006, p16.