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European Communities Legislation (Bluetongue) (Jersey) Regulations 2008: Amendment: Law drafting instructions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

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A decision made 5 October 2015:

Decision Reference:  MD-PE-2015-0058

Decision Summary Title :

European Communities Legislation (Bluetongue) (Jersey) Regulations 2008

Date of Decision Summary:

2 October 2015

Decision Summary Author:

 

States Veterinary Officer

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title :

European Communities Legislation (Bluetongue) (Jersey) Regulations 2008

Date of Written Report:

2 October 2015

Written Report Author:

States Veterinary Officer

Written Report :

Public or Exempt?

Public

Subject:

Regulations to control Bluetongue.

Decision(s):

The Minister approved the law drafting request to amend the European Communities Legislation (Bluetongue) (Jersey) Regulations 2008 by Order.

Reason(s) for Decision:

To update existing legislation and permit vaccination in accordance relevant EU legislation.

Resource Implications: None. The amendment will provide the mechanism to permit individual owners to implement advice from their private veterinary surgeons.

Action required:

SVO to provide law drafting instructions.

Signature:

 

Position:

Minister for Planning & Environment

 

Date Signed:

 

Initials

 

Date of Decision (If different from Date Signed):

 

 

European Communities Legislation (Bluetongue) (Jersey) Regulations 2008: Amendment: Law drafting instructions

 

 

 

DEPARTMENT OF THE ENVIRONMENT

 

European Communities Legislation (Bluetongue) (Jersey) Regulations 2008

 

Report

 

The Regulations provide for aspects of administration and enforcement of EU legislation controlling Bluetongue virus disease which affects ruminants. Since the Regulations came into force, the EU implementing rules on vaccination have been updated.

 

Background

 

European Community rules in the field of veterinary and animal health legislation must be part of the law of Jersey. European Community Regulations in these areas are of direct effect and application in Jersey by virtue of Protocol 3 of the Act of Accession of the United Kingdom to the European Communities 1972 and Regulations (EEC) No 706/73 of the Council of 12 March 1973 concerning the Community arrangements applicable to the Channel Islands and the Isle of Man for trade in agricultural products. To comply with obligations for international trade, Jersey must administer and enforce Regulations in these subject areas under domestic law.

 

Discussion

 

In 2008 Regulations were made to enable administration and enforcement of Community legislation in the face of a significant threat of disease incursion when

Bluetongue serotype 8 virus was circulating in northern Europe for the first time.

 

In 2008, vaccination against Bluetongue was only permitted in a designated Protection Zone. A Protection Zone was declared to enable voluntary vaccination by livestock keepers in Jersey.

 

Subsequently, EU legislation has been amended to permit vaccination with authorised, inactivated vaccine following a risk assessment by the competent authority and notification to the Commission. Use of activated vaccine remains subject to more stringent controls.

 

Bluetongue virus is present in parts of the European Community and confirmation of circulating virus serotype 8 is reported in France in September 2015.

 

Recommendation

 

The Minister is recommended to amend the European Communities Legislation (Bluetongue) (Jersey) Regulations 2008 by Order to permit vaccination in accordance with extant EU legislation.

 

 

 

Written by:

Veterinary Officer 

 

 

Approved by: 

Deputy Chief Officer, Department of the Environment

 

2 October 2015

 

 

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