Draft European Communities Legislation (Bluetongue) (Jersey) Regulations 200-
REPORT
Bluetongue is a vector-borne virus disease of ruminants with 24 serotypes. Ruminants in Jersey are sheep, goats and cattle. The virus is transmitted by biting midges of the species Culicoides which are present in Jersey. The virus has not been identified in Jersey.
The disease was diagnosed in Northern Europe for the first time in August 2006. The virus serotype 8 was confirmed. Following a period during winter 2006/2007 when there was no midge activity, no disease was reported. The disease re-emerged in June 2007 since when it has spread through several countries, including France where there have been over 11,000 cases. The disease was first diagnosed in England in September 2007.
The disease is notifiable and it classically causes severe production losses in sheep. The Northern European serotype 8 outbreak has also seen losses in cattle both as a result of humane destruction on welfare grounds and production losses. In addition to serotype 8, there is an incursion of serotype 1 into south west France and other serotypes are circulating in southern Europe.
Controls in Europe have been implemented by movement controls and blood testing. Suitable vaccines have recently been developed by a small number of pharmaceutical companies and made available. It is widely recognised that vaccination is the control method of choice for the current situation.
Regulations
are required to ensure compliance with EU animal health legislation in relation
to Bluetongue, as required by Protocol 3 of the Act of Accession of the United
Kingdom to the European Communities 1972 and EU Regulation 706/73.
There are no
financial or manpower implications arising from these draft Regulations.
Explanatory Note
Council Directive 2000/75/EC of 20 November 2000 laying down specific provisions for the control and eradication of bluetongue is already partially implemented, using Order-making powers conferred by the Diseases of Animals (Jersey) Law 1956, by the Diseases of Animals (Bluetongue) (Jersey) Order 2006 (the “2006 Order”). These Regulations implement the remainder of that Directive.
Regulation 1 is the interpretation provision. These Regulations are closely connected with the 2006 Order and expressions used in them have the same meaning as in that Order.
Regulation 2 makes it clear that these Regulations are not a substitute for, but are additional to, the 2006 Order and also to earlier legislation which applied disease-control measures, which are general in nature, to bluetongue.
Regulation 3 empowers the Minister for Planning and Environment (the “Minister”) to declare the whole of Jersey to be either a protection zone or a surveillance zone.
Within the Community territory, a member State must declare both a protection zone and a surveillance zone around a holding where the presence of bluetongue is officially confirmed. The protection zone lies around the holding and must have a radius of at least 100 kilometres. The surveillance zone is an outer band lying around the protection zone, and must have a depth of at least 50 kilometres. Because of the size of the zones, it is quite possible that they will cross the borders of member States. In that event there is a duty on member States to co-operate in the demarcation of the zones. In the absence of co-operation the European Commission can itself demarcate zones.
In the event that an infected place is confirmed in Jersey, the 2006 Order already makes provision for Jersey to be declared to be an infected area and the consequences that flow from such a declaration are the same as those that would apply if Jersey was declared to be a protection zone. However, what the 2006 Order does not and, by virtue of the enabling power in the Diseases of Animals (Jersey) Law 1956, cannot provide for, is that the whole of Jersey is declared to be a protection zone or a surveillance zone having regard to the declaration of either such zone in France. Accordingly, the power given to the Minister by these Regulations may be exercised where, if Jersey had been a member State, it would have co-operated in the demarcation of a zone as described above.
Regulations 4 and 5 describe the consequences of declaring Jersey to be either a protection zone or a surveillance zone. Regulation 6 describes powers that relate only to a protection zone. Regulation 7 is a prohibition that relates only to a surveillance zone.
Regulations 4 and 5 set out the restrictions on movement of animals, embryos, ovum and semen that apply in a zone and the powers of the States’ Veterinary Officer, and any inspector appointed under the Diseases of Animals (Jersey) Law 1956.
Regulation 6 provides that, if Jersey is declared to be a protection zone, the States’ Veterinary Officer may impose compulsory vaccination against bluetongue. However, if Jersey were to be declared to be a surveillance zone only, Regulation 7 would prohibit vaccination.
Regulations 8 to 15 provide for the enforcement of these Regulations. Although they are long and detailed, they have a single purpose, which is to provide for these Regulations to be enforced in the same way as the 2006 Order is enforced by virtue of being made under the Diseases of Animals (Jersey) Law 1956.
Regulation 8 requires a person to comply with the conditions of any licence granted under the Regulations and any requirement imposed by or under the Regulations. If a person does not take action when required to do so by or under the Regulations, the States’ Veterinary Officer may step in, take the necessary action and recover the costs of doing so from the person.
Regulation 9 enables the Veterinary Officer or another inspector to use assistants to discharge his or her functions under these Regulations.
Regulation 10 confers powers of entry on the Veterinary Officer and other inspectors for the purposes of the Regulations.
Regulation 11 makes it an offence to contravene the Regulations or fail to comply with any requirement imposed under them. Further offences are created of obstruction of an inspector, failing to give assistance, providing false information, falsifying a licence or obtaining a licence by false pretences.
Regulation 12 makes aiding, abetting and like acts an offence and provides for liability in the case of offences committed by companies and limited liability partnerships.
Regulation 13 imposes liability for an offence where its commission is due to the act or default of another person.
Regulation 14 allows a defence where a person has taken all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
Regulation 15 establishes the penalty for an offence under the Regulations. The penalty is up to 1 months’ imprisonment and/or a fine which is on a sliding scale according to the magnitude of the offence.
Regulation 16
amends the 2006 Order. The amendment has the effect that the powers of entry
that may be used under that Order are consistent with those that may be used
under these Regulations.
Regulation 17 empowers the Minister to amend these Regulations by Order, for the purpose of implementing any amendment to the Directive or any replacement Directive. This power is added so that action may be taken without delay, in particular, when the States are not sitting.
Regulation 18 provides for the citation of the Regulations and for them to come into force forthwith.
