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THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 152(4)(b) thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the Economic and Social Committee(2),
Having consulted the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),
Whereas:
(1) Several distinct transmissible spongiform encephalopathies (TSEs) have for a number of years been recognised as occurring separately in humans and animals. Bovine spongiform encephalopathy (BSE) was first recognised in bovine animals in 1986 and in the following years was recognised as occurring in other species of animal. A new variant of Creutzfeldt-Jakob Disease (CJD) was described in 1996. Evidence continues to grow of the similarity between the BSE agent and that of the new variant of Creutzfeld-Jakob Disease.
(2) Since 1990 the Community has adopted a series of measures to protect human and animal health from the risk of BSE. Those measures have been based on the safeguard provisions of Directives on animal-health measures. It is appropriate, in view of the magnitude of the risk posed to human and animal health by certain TSEs, to adopt specific rules for their prevention, control and eradication.
(3) This Regulation directly concerns public health and is relevant to the functioning of the internal market. It covers products which are included in Annex I to the Treaty as well as products which are not. Consequently, it is appropriate to choose Article 152(4)(b) of the Treaty as the legal basis.
(4) The Commission has obtained scientific opinions, in particular from the Scientific Steering Committee and the Scientific Committee on Veterinary Measures relating to Public Health, on several aspects of TSEs. Those opinions include advice on measures to reduce the potential risk for humans and animals resulting from exposure to infected animal products.
(5) These rules should apply to the production and placing on the market of live animals and products of animal origin. However, it is not necessary for them to apply to cosmetic or medicinal products, medical devices or their starting materials or intermediate products, for which other specific rules, in particular on the non-use of specified risk material, apply. Nor should they apply to products of animal origin which do not pose a risk to animal or human health since they are intended for purposes other than the production of food, feed or fertiliser. It is appropriate to ensure that products of animal origin excluded from the scope of this Regulation are kept separate from those covered by it unless they meet at least the same health standards as the latter.
(6) Provision should be made for safeguard measures to be taken by the Commission in cases where a risk from a TSE has not been adequately addressed by the competent authority of a Member State or third country.
(7) A procedure should be established for the determination of the epidemiological status of a Member State, a third country and of one of their regions, hereinafter referred to as ‘countries or regions’ with respect to BSE, on the basis of the incident propagation and human exposure risk, using information available. Member States and third countries which choose not to apply for their status to be determined should be classified in a category by the Commission on the basis of all the information available to it.
(8) Member States should institute education programmes for those involved in the prevention and control of TSEs, as well as for veterinarians, farmers and workers involved in the transportation, marketing and slaughter of farm animals.
[F1(8a) The feeding to non-ruminants of certain processed animal proteins originating from non-ruminants should be allowed taking into account the prohibition on intra-species recycling as laid down in Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (4) and the control aspects in particular linked to the differentiation of processed animal proteins specific to certain species as laid down in the Communication on the TSE Road map adopted by the Commission on 15 July 2005 .]
(9) Member States should carry out an annual programme for monitoring BSE and scrapie and should inform the Commission and the other Member States of the results and of the emergence of any other TSE.
(10) Certain ruminant tissues should be designated as specified risk material on the basis of the pathogenesis of TSEs and the epidemiological status of the country or region of origin or residence of the animal concerned. The specified risk material should be removed and disposed of in a manner which avoids any risk to human or animal health. In particular, it should not be placed on the market to be used in the production of food, feed or fertiliser. However, provision should be made for an equivalent level of health protection by means of a screening test for TSEs carried out on individual animals as soon as it has been fully validated. Slaughter techniques presenting a risk of causing brain material to contaminate other tissues should not be permitted in countries or regions other than those presenting the lowest risk of BSE.
(11) Measures should be taken to prevent the transmission of TSEs to humans or animals by prohibiting the feeding of certain categories of animal protein to certain categories of animal, and by prohibiting the use of certain ruminant materials in food. Those prohibitions should be proportionate to the risks involved.
[F1(11a) In its resolution of 28 October 2004 (5) , the European Parliament expressed concerns about feeding animal proteins to ruminants as they do not form part of the natural nutrition of adult cattle. In the wake of the BSE crisis and the foot-and-mouth disease crisis it has increasingly become accepted that the best way to ensure human and animal health is to keep and nourish animals in a way that respects the particularities of each species. Pursuant to the precautionary principle and in keeping with the natural diet and living conditions of ruminants, it is therefore necessary to maintain the prohibition on the feeding of animal proteins to ruminants in forms not normally constituting part of their natural diet.
(11b) Mechanically separated meat is obtained by removing meat from bones in such a way that the muscle fibre structure is destroyed or modified. It can contain parts of the bones and the periosteum (bone skin). Thus, mechanically separated meat is not comparable with regular meat. Consequently its use for human consumption should be reviewed.]
(12) The suspected presence of any TSE in any animal should be notified to the competent authority, which should immediately take all appropriate measures, including placing the suspect animal under movement restrictions while awaiting the results of the investigation or having it slaughtered under official supervision. If the competent authority cannot exclude the possibility of a TSE, it should have the appropriate investigations carried out and should keep the carcasse under official supervision until a diagnosis has been made.
(13) In the event of official confirmation of the presence of a TSE, the competent authority should take all the necessary measures, including having the carcasse destroyed, carrying out an investigation in order to identify all animals at risk and placing movement restrictions on the animals and the products of animal origin identified as such. Owners should be compensated, as soon as possible, for the loss of animals and products of animal origin destroyed pursuant to this Regulation.
(14) Member States should draw up contingency plans for the national measures to be implemented in the event of an outbreak of BSE. Those plans should be approved by the Commission. Provision should be made for extending this provision to TSEs other than BSE.
(15) Provisions should be laid down covering the placing on the market of certain live animals and products of animal origin. Existing Community rules on the identification and registration of bovine animals provide for a system enabling the animals to be traced back to the dam and herd of origin in accordance with international standards. Equivalent guarantees should be provided for bovine animals imported from third countries. The animals and products of animal origin covered by Community rules, moving in intra-Community trade or imported from third countries, should be accompanied by the certificates required by the said rules, supplemented as appropriate in accordance with this Regulation.
(16) The placing on the market of certain products of animal origin derived from bovine animals in high risk regions should be prohibited. However, that prohibition should not apply to certain products of animal origin produced under controlled conditions from animals which can be demonstrated not to pose a high risk of infection with a TSE.
(17) It is necessary, in order to ensure that the rules concerning the prevention, control and eradication of TSEs are observed, for samples to be taken for laboratory testing on the basis of an established protocol which would give a full epidemiological picture of the situation as regards TSE. In order to guarantee uniform testing procedures and results, national and Community Reference Laboratories and reliable scientific methods, including rapid tests specifically for TSEs, should be established. Rapid tests should be used as far as possible.
(18) Community inspections should be carried out in the Member States in order to ensure uniform implementation of the requirements concerning the prevention, control and eradication of TSEs and provision should also be made for the implementation of audit procedures. In order to ensure that guarantees equivalent to those applied by the Community are provided by third countries upon import into the Community of live animals and products of animal origin, Community on-the-spot inspections and audits should be carried out in order to verify that the import conditions are met by exporting third countries.
(19) Trade measures for TSEs should be based on international standards, guidelines or recommendations, where they exist. However, scientifically justified measures resulting in a higher level of health protection may be adopted if measures based on the relevant international standards, guidelines or recommendations would not achieve the appropriate level of health protection.
(20) This Regulation should be re-examined as new scientific information becomes available.
(21) The necessary transitional measures in particular for regulating the use of specified risk material should be provided for in the framework of this Regulation.
(22) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedure for the exercise of implementing powers conferred on the Commission(6).
(23) In order to implement this Regulation, procedures should be laid down establishing close and effective cooperation between the Commission and the Member States within the Standing Veterinary Committee, the Standing Committee on Feedingstuffs, and the Standing Committee on Foodstuffs.
(24) Given that the provisions for the implementation of this Regulation are general measures within the meaning of Article 2 of Decision 1999/468/EC, they should be adopted in accordance with the regulatory procedure laid down in Article 5 of that Decision,
HAVE ADOPTED THIS REGULATION:
Textual Amendments
1.This Regulation lays down rules for the prevention, control and eradication of transmissible spongiform encephalopathies (TSEs) in animals. It shall apply to the production and placing on the market of live animals and products of animal origin and in certain specific cases to exports thereof.
2.This Regulation shall not apply to:
(a)cosmetic or medicinal products or medical devices, or to their starting materials or intermediate products;
(b)products which are not intended for use in human food, animal feed or fertilisers, or to their starting materials or intermediate products;
(c)products of animal origin intended for exhibition, teaching, scientific research, special studies or analysis, provided those products are not eventually consumed or used by humans or by animals other than those kept for the research projects concerned;
(d)live animals used in or intended for research.
In order to avoid cross-contamination or substitution between the live animals or of the products of animal origin referred to in Article 1(1) and the products of animal origin referred to in Article 1(2)(a), (b) and (c), or the live animals referred to in Article 1(2)(d), they shall be kept separate at all times unless such live animals or products of animal origin are produced under at least the same conditions of health protection in respect of TSEs.
[F2The appropriate authority may by regulations under Article 24 make provision for the implementation of this Article.]
Textual Amendments
F2Words in Art. 2 substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(2) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
1.For the purposes of this Regulation the following definitions shall apply:
(a)TSEs: all transmissible spongiform encephalopathies with the exception of those occurring in humans;
(b)placing on the market: any operation the purpose of which is to sell live animals or products of animal origin covered by this Regulation to a third party F3..., or any other form of supply against payment or free of charge to such a third party or storage with a view to supply to such a third party;
(c)products of animal origin: any product derived from or containing a product derived from any animal covered by the provisions of Directive 89/662/EEC(7) or Directive 90/425/EEC(8);
(d)starting materials: raw materials or any other product of animal origin out of which, or with the help of which, the products referred to in Article 1(2)(a) and (b) are produced;
(e)competent authority: the central authority of a [F4constituent nation] competent to ensure compliance with the requirements of this Regulation or any authority to which that central authority has delegated that competence, in particular for the control of feedingstuffs; F5...
(f)category: one of the classification categories referred to in Chapter C of Annex II;
(g)specified risk material: the tissues specified in Annex V; unless otherwise indicated, it does not include products containing or derived from those tissues;
(h)animal suspected of being infected by a TSE: live, slaughtered or dead animals, which show or have shown neurological or behavioural disorders or a progressive deterioration of the general condition linked to impairment of the central nervous system and for which the information gathered on the basis of a clinical examination, response to treatment, a post-mortem examination or an ante or post-mortem laboratory analysis do not allow an alternative diagnosis to be established. Bovine spongiform encephalopathies (BSE) shall be suspected in bovine animals which have produced a positive result from a rapid test specifically for BSE;
(i)holding: any place in which animals covered by this Regulation are held, kept, bred, handled or shown to the public;
(j)sampling: the taking of samples, ensuring a statistically correct representation, from animals or their environment, or from products of animal origin, for the purpose of establishing a disease diagnosis, familial relationships, for health surveillance, or for the monitoring of the absence of microbiological agents or of certain materials in products of animal origin;
(k)fertilisers: any substance containing products of animal origin utilised on land to enhance growth of vegetation; it may include digestion residues from bio-gas production or composting;
[F6(l) rapid tests: the screening methods listed in Annex X, for which the results are known within 24 hours;]
(m)alternative test: the tests referred to in Article 8(2) which are used as an alternative to the withdrawal of specified risk material[F6;]
[F1(n) mechanically separated meat or ‘ MSM ’ : the product obtained by removing meat from flesh-bearing bones after boning, using mechanical means resulting in the loss or modification of the muscle fibre structure;
(o) passive surveillance: the reporting of all animals suspected of being infected by a TSE and, where TSE cannot be excluded by clinical investigation, the laboratory testing of such animals;
(p) active surveillance: the testing of animals not reported as suspected of being infected by a TSE, such as emergency slaughtered animals, animals with observations at ante mortem inspection, fallen stock, healthy slaughtered animals and animals culled in connection with a TSE case, in particular in order to determine the evolution and prevalence of TSE in a country or region thereof.]
[F7(q) constituent nation: one of the following nations of the British Islands: England, Guernsey, Isle of Man, Jersey, Scotland or Wales;
(r)OIE: the World Organisation for Animal Health.]
[F81A.In this Regulation, “appropriate authority” means:
(a)in relation to England, the Secretary of State;
(b)in relation to Wales, the Welsh Ministers;
(c)in relation to Scotland, the Scottish Ministers;
(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1B.But the appropriate authority is the Secretary of State if consent is given by:
(a)in relation to Wales, the Welsh Ministers;
(b)relation to Scotland, the Scottish Ministers;]
2.The specific definitions set out in Annex I shall also apply.
3.Where the terms in this Regulation are not defined in paragraph 1 or Annex I, the relevant definitions given in Regulation (EC) No 1760/2000(9) and those given in or pursuant to Directives 64/432/EEC(10), 89/662/EEC, 90/425/EEC and 91/68/EEC(11) shall apply insofar as reference is made to them in this text.
Textual Amendments
F1Inserted by Regulation (EC) No 1923/2006 of the European Parliament and of the Council of 18 December 2006 amending Regulation (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (Text with EEA relevance).
F3Words in Art. 3(1)(b) omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(2)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 3(1)(e) substituted (31.12.2020) by The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(2)(a)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 3(1)(e) omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(2)(a)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)
F6Substituted by Regulation (EC) No 1923/2006 of the European Parliament and of the Council of 18 December 2006 amending Regulation (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (Text with EEA relevance).
F7Art. 3(1)(q)(r) inserted (31.12.2020) by S.I. 2019/170, regs. 1, 2(2)(a)(iii) (as amended by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(a)(i)); 2020 c. 1, Sch. 5 para. 1(1)
F8Art. 3(1A)(1B) inserted (31.12.2020) by S.I. 2019/170, regs. 1, 2(2)(b) (as amended by The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220), regs. 1(2)(b), 5(2)(a)(i)(ii) and by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(a)(ii)(aa)(bb)); 2020 c. 1, Sch. 5 para. 1(1)
1.The appropriate authority may by regulations make provision for laying down safeguard measures to reduce the risk of spread of transmissible spongiform encephalopathies covered by this Regulation, including but not limited to suspension of trade, isolation of holdings, delineation of buffer zones and quarantining of animals.
2. The appropriate authority that introduced the safeguard measures must notify each affected exporting country of the reasons for introducing such measures.]
Textual Amendments
F9Art. 4 substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(3) (with reg. 12) (as amended by S.I. 2020/1463, regs. 1(2)(a), 6(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)
[F6[F101. The BSE status of countries and regions as categorised by the OIE is—
(a)negligible risk,
(b)controlled risk, or
(b)undetermined risk,
and, as at IP completion day, the BSE status for each of the constituent nations is established by Commission Decision 2007/453.]
The BSE status of countries or regions may be determined only on the basis of the criteria set out in Annex II, Chapter A. These criteria shall include the outcome of a risk analysis on the basis of all the potential factors for the appearance of bovine spongiform encephalopathy as defined in Annex II, Chapter B, and their development over time, as well as comprehensive active and passive surveillance measures taking into account the risk category of the country or region.
F11...]
F122.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F123.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F124.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F125.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F136.Exporting countries that are eligible for [F14approval] for the import into Great Britain of live animals or of the products covered by this Regulation must be categorised with regard to BSE status that takes into account the criteria and potential risk factors set out in paragraph 1, and any statistical survey of the epidemiological situation regarding TSEs in the country on the basis of the use, in a screening procedure, of rapid tests. The classification criteria used by the OIE must be taken into account.
Eligibility to import from a third country into Great Britain live animals or products of animal origin within scope of this Regulation under conditions determined on their established category must be established as soon as possible, once any epidemiological or other evidence which might lead to a change in BSE status has been analysed by the appropriate authorities.]
[F157.The Secretary of State may, with the consent of each other authority which in relation to any part of Great Britain is the appropriate authority, decide F16... the BSE classification of a country or region F17..., on the basis of a risk assessment, taking into consideration the criteria set out in Annex 2, Chapters A and B and the OIE classification.]
[F18 7A.A decision under paragraph 7 must include the date from which the BSE classification for the country or region is to apply.
7B.A decision under paragraph 7 must be set out in a document published by the Secretary of State for the purposes of this Article.]
F198.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6Substituted by Regulation (EC) No 1923/2006 of the European Parliament and of the Council of 18 December 2006 amending Regulation (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (Text with EEA relevance).
F10Words in Art. 5(1) substituted (31.12.2020) by The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(3)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F11Words in Art. 5(1) omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(3)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F12Art. 5(2)-(5) omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
F13Art. 5(6) substituted (31.12.2020) by The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(3)(c) (as amended by S.I. 2020/1388, regs. 1(2)(a), 20(2)(b)(i)); 2020 c. 1, Sch. 5 para. 1(1)
F14Word in Art. 5(6) substituted (1.7.2022) by The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 2(2)(a)
F15Art. 5(7) substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(4) (with reg. 12) (as amended by S.I. 2020/1463, regs. 1(2)(a), 6(3)(b)); 2020 c. 1, Sch. 5 para. 1(1)
F16Word in Art. 5(7) omitted (1.7.2022) by virtue of The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 2(2)(b)(i)
F17Words in Art. 5(7) omitted (1.7.2022) by virtue of The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 2(2)(b)(ii)
F18Art. 5(7A)(7B) inserted (1.7.2022) by The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 2(2)(c)
F19Art. 5(8) omitted (31.12.2020) by virtue of S.I. 2019/170, reg. 2(3)(d) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(b)(ii))
[F61.[F20The appropriate authority] shall carry out an annual monitoring programme for TSEs based on active and passive surveillance in accordance with Annex III. If available for the animal species, that programme shall include a screening procedure using rapid tests.
Rapid tests shall be approved for that purpose in accordance with [F21any regulations made under Article 24] and listed in Annex X.]
[F221a.The annual monitoring programme referred to in paragraph 1 must cover as a minimum the subpopulations listed in Article 2(1) of Commission Decision 2009/719.]
[F23The first subparagraph of this paragraph 1a does not prevent the exercise by the appropriate authority of any power to disapply the requirement for the annual monitoring programme with respect to animals mentioned in that point in remote areas with a low animal density, where no collection of dead animals takes place, provided that the total number of animals excluded from the monitoring programme in the United Kingdom as a whole is not more than 10% of the bovine population in the United Kingdom.]
[F241b.Annual monitoring programmes may be revised by the appropriate authority to determine the effectiveness of the measures in place and ensure protection of human and animal health based on a comprehensive risk analysis.]
2.[F25The Secretary of State must inform the OIE] of the emergence of a TSE other than BSE.
3.All official investigations and laboratory examinations shall be recorded in accordance with Annex III, Chapter B.
4.[F26The appropriate authority must, where possible, submit to their relevant Parliament an annual report] covering at least the information referred to in Annex III, Chapter B, Part I. The report for each calendar year shall be submitted at the latest by 31 March of the following year. F27...
[F15. Rules for the implementation of this Article shall be adopted in accordance with the procedure referred to in Article 24(2).]
Textual Amendments
F1Inserted by Regulation (EC) No 1923/2006 of the European Parliament and of the Council of 18 December 2006 amending Regulation (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (Text with EEA relevance).
F6Substituted by Regulation (EC) No 1923/2006 of the European Parliament and of the Council of 18 December 2006 amending Regulation (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (Text with EEA relevance).
F20Words in Art. 6(1) substituted (31.12.2020) by The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
F21Words in Art. 6(1) substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(5)(a) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
F22Words in Art. 6(1a) substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(5)(b)(i) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
F23Words in Art. 6(1a) substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(5)(b)(ii) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
F24Art. 6(1b) substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(5)(c) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
F25Words in Art. 6(2) substituted (31.12.2020) by The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(4)(b); 2020 c. 1, Sch. 5 para. 1(1)
F26Words in Art. 6(4) substituted (31.12.2020) by The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(4)(c)(i) (as amended by S.I. 2020/1388, regs. 1(2)(a), 20(2)(c)); 2020 c. 1, Sch. 5 para. 1(1)
F27Words in Art. 6(4) omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(4)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
1.[F28Appropriate authorities may confer together and with expert scientists to] introduce breeding programmes to select for resistance to TSEs in their ovine populations. Those programmes shall include a framework to recognise the TSE-resistant status of certain flocks and may be extended to include other animal species based on scientific evidence corroborating the resistance to TSE of particular genotypes of those species.
[F292.The appropriate authority may by regulations provide for ovine breeding programmes to select breeds that show evidence of resistance to TSEs.]
3.F30... The scientific results and overall consequences of the breeding programmes shall be evaluated regularly, and where necessary, those programmes shall be amended accordingly.]
Textual Amendments
F1Inserted by Regulation (EC) No 1923/2006 of the European Parliament and of the Council of 18 December 2006 amending Regulation (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (Text with EEA relevance).
F28Words in Art. 6a(1) substituted (31.12.2020) by The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(5)(a); 2020 c. 1, Sch. 5 para. 1(1)
F29Art. 6a(2) substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(6) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
F30Words in Art. 6a(3) omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(5)(b); 2020 c. 1, Sch. 5 para. 1(1)
1. The feeding to ruminants of protein derived from animals shall be prohibited.
2. The prohibition provided for in paragraph 1 shall be extended to animals other than ruminants and restricted, as regards the feeding of those animals with products of animal origin, in accordance with Annex IV.
[F313.The appropriate authority may, on the basis of a scientific assessment of the dietary needs of young ruminants decide to use any power that the appropriate authority has to allow the feeding to them of proteins derived from fish.
4.No imports or exports are permitted of—
(a)feed intended for farmed animals which contains protein derived from mammals from countries, or regions thereof, with an undetermined BSE risk; or
(b)feed, other than feed for dogs, cats and fur animals, which contains processed protein derived from mammals intended for mammals from countries or regions thereof with an undetermined BSE risk;
except in accordance with a tolerance level prescribed by regulations under paragraph 5 or an individual exemption in regulations under Article 23a.]]
[F325.On the basis of a favourable risk assessment the appropriate authority may by regulations prescribe a tolerance level for insignificant amounts of animal proteins in feedingstuffs caused through adventitious and technically unavoidable contamination.]
[F336.The appropriate authority may by regulations make rules on the prevention of cross-contamination and on the methods of sampling and analysis required to check compliance with this Article.]
Textual Amendments
F6Substituted by Regulation (EC) No 1923/2006 of the European Parliament and of the Council of 18 December 2006 amending Regulation (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (Text with EEA relevance).
F31Art. 7(3)(4) substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(7)(a) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
F32Art. 7(5) substituted for Art. 7(4a) (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(7)(b) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
F33Art. 7(6) substituted for Art. 7(5) (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(7)(c) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
[F341.Specified risk material, referred to and listed in Annex 5 and including at least the brain, spinal cord, eyes and tonsils of bovine animals aged over 12 months, and the vertebral column of bovine animals aged over 30 months, must—
(a)be removed and disposed of in accordance with Annex 5 and with Regulation (EC) No 1069/2009;
(b) not be imported into Great Britain from any country other than a member State.
2.Tissues from animals which have undergone one of the alternative tests listed in Annex 10, which is applied under the conditions provided for in Annex 5, and in relation to which the test results are negative, are not to be regarded as specified risk material.]
3.[F35In parts of Great Britain] with a controlled or undetermined BSE risk, the laceration, after stunning, of central nervous tissue by means of an elongated rod-shaped instrument introduced into the cranial cavity, or by means of gas injection into the cranial cavity in connection with stunning, shall not be used on bovine, ovine or caprine animals whose meat is intended for human or animal consumption.
4. The data relating to age set out in Annex V may be adjusted. Such adjustments shall be based on the latest proven scientific findings concerning the statistical probability of the occurrence of a TSE in the relevant age groups of [F36Great Britain’s] bovine, ovine and caprine population.
[F375. The appropriate authority may by regulations—
(a)prescribe the age of bovine animals from which the vertebral column is to be treated as specified risk material;
(b)amend the list of specified risk material in Annex 5;
(c)prescribe an alternative test to be listed in point 5 of Chapter C of Annex 10;
(d)provide for exemptions;
(e)prescribe, as respects any country or region with a controlled BSE risk—
(i)the date considered by the appropriate authority to be the date from which effective enforcement of a ban on use of mammalian protein in ruminant feed began, and
(ii)that only animals born before that date must have specified risk material removed and destroyed before being moved into or placed on the market.]]
Textual Amendments
F6Substituted by Regulation (EC) No 1923/2006 of the European Parliament and of the Council of 18 December 2006 amending Regulation (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (Text with EEA relevance).
F34Art. 8(1)(2) substituted (31.12.2020) by The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(6)(a) (as amended by S.I. 2020/1388, regs. 1(2)(a), 20(2)(d)(i)); 2020 c. 1, Sch. 5 para. 1(1)
F35Words in Art. 8(3) substituted (31.12.2020) by The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(6)(b) (as amended by S.I. 2020/1388, regs. 1(2)(a), 20(2)(d)(ii)); 2020 c. 1, Sch. 5 para. 1(1)
F36Words in Art. 8(4) amended (31.12.2020) by S.I. 2019/170, reg. 2(6)(c) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(d)(iii))
F37Art. 8(5) substituted for Art. 8(5)(6) (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(8) (with reg. 12) (as amended by S.I. 2020/1463, regs. 1(2)(a), 6(3)(c)); 2020 c. 1, Sch. 5 para. 1(1)
1. The products of animal origin listed in Annex VI shall be produced using production processes approved in accordance with [F38regulations made by the appropriate authority].
2. Bones of bovine, ovine and caprine animals from countries or regions with a controlled or undetermined BSE risk shall not be used for the production of mechanically separated meat (MSM). F39...
F40...]
[F413. Paragraphs 1 and 2 shall not apply, in the light of the criteria set out in point 5 of Annex V, to ruminants which have undergone an alternative test [F42which has been approved by the appropriate authority, and] is listed in Annex X, where the results of the test were negative.]
F434.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6Substituted by Regulation (EC) No 1923/2006 of the European Parliament and of the Council of 18 December 2006 amending Regulation (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (Text with EEA relevance).
F38Words in Art. 9(1) substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(9)(a) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
F39Words in Art. 9(2) omitted (31.12.2020) by virtue of The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(9)(b) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
F40Words in Art. 9(2) omitted (31.12.2020) by virtue of S.I. 2019/170, reg. 2(6A) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(e))
F41Substituted by Regulation (EC) No 220/2009 of the European Parliament and of the Council of 11 March 2009 amending Regulation (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies, as regards the implementing powers conferred on the Commission.
F42Words in Art. 9(3) substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(9)(c) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
F43Art. 9(4) omitted (31.12.2020) by virtue of The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(9)(d) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
1.[F44Appropriate authorities] shall ensure that staff of the competent authority, of diagnostic laboratories and colleges of agriculture and veterinary medicine, official veterinarians, veterinary practitioners, slaughterhouse personnel and animal breeders, keepers and handlers have been given training in the clinical signs, epidemiology and, in the case of staff responsible for carrying out checks, in interpreting laboratory findings relating to TSEs.
F452.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F44Words in Art. 10(1) substituted (31.12.2020) by The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(7)(a); 2020 c. 1, Sch. 5 para. 1(1)
[F46Any person who suspects an animal of being infected by a TSE must immediately notify the relevant competent authority.]
The competent authority shall without delay take the measures laid down in Article 12 of this Regulation, together with any other necessary measures.
Textual Amendments
F46Words in Art. 11 substituted (31.12.2020) by The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(8); 2020 c. 1, Sch. 5 para. 1(1)
[F61. Any animal suspected of being infected by a TSE shall be either placed under an official movement restriction until the results of a clinical and epidemiological examination carried out by the competent authority are known, or killed for laboratory examination under official control.
If a TSE is officially suspected in a bovine animal at a holding F47..., all other bovine animals at that holding shall be placed under an official movement restriction until the results of the examination are available. If a TSE is officially suspected in an ovine or caprine animal at a holding F47..., all other ovine and caprine animals at that holding shall be placed under an official movement restriction until the results are available.
However, if there is evidence that the holding where the animal was present when the TSE was suspected is unlikely to be the holding where the animal could have been exposed to the TSE, the competent authority may decide that only the animal suspected of being infected shall be placed under an official movement restriction.
If considered necessary, the competent authority may also decide that other holdings or only the holding of exposure shall be placed under official control depending on the epidemiological information available.
[F48To the extent provided for under paragraph 4, an appropriate authority may make regulations to permit exemptions from implementing movement restrictions where it is satisfied that equivalent safeguards based on an assessment of the possible risks to human and animal health are applied.]]
2.Where the competent authority decides that the possibility of infection with a TSE cannot be ruled out, the animal shall be killed, if it is still alive; its brain and all other tissues as the competent authority may determine shall be removed and sent to an officially approved laboratory, the national reference laboratory provided for in Article 19(1) or the Community reference laboratory provided for in Article 19(2), for examination in accordance with the testing methods laid down in Article 20.
[F63. All parts of the body of the suspect animal shall be either retained under official control until a negative diagnosis has been made, or disposed of in accordance with Regulation (EC) No 1774/2002.]
[F494.The appropriate authority may by regulations prescribe rules for the implementation of this Article.]
Textual Amendments
F6Substituted by Regulation (EC) No 1923/2006 of the European Parliament and of the Council of 18 December 2006 amending Regulation (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (Text with EEA relevance).
F47Words in Art. 12(1) omitted (31.12.2020) by virtue of The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(10)(a)(i) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
F48Words in Art. 12(1) substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(10)(a)(ii) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
F49Art. 12(4) substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(10)(b) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
1.When the presence of a TSE has been officially confirmed, the following measures shall be applied as soon as possible:
[F6(a) all parts of the body of the animal shall be disposed of in accordance with Regulation (EC) No [F501069/2009] except for material retained for records in accordance with Annex III, Chapter B, of this Regulation.]
(b)an inquiry shall be carried out to identify all animals at risk in accordance with Annex VII, point 1;
[F6(c) all animals and products thereof at risk, as listed in Annex VII, point 2, of this Regulation, identified by the inquiry referred to in point (b) of this paragraph shall be killed and disposed of in accordance with Regulation (EC) No [F501069/2009].]
[F51On the basis of a favourable risk assessment that takes relevant control measures into account, an appropriate authority may, to the extent provided for under paragraph 6, either allow the use of bovine animals until the end of their productive lives or apply other means of offering an equivalent level of protection.]
2.Pending the implementation of the measures referred to in paragraph 1(b) and (c), the holding on which the animal was present when the presence of a TSE was confirmed shall be placed under official control and all movement of animals susceptible to TSEs and products of animal origin derived from them from or to the holding shall be subject to authorisation by the competent authority, with a view to ensuring immediate tracing and identification of the animals and products of animal origin concerned.
If there is evidence that the holding where the affected animal was present when the TSE was confirmed is not likely to be the holding where the animal was exposed to the TSE, the competent authority may decide that both holdings or only the holding of exposure shall be placed under official control.
[F523.To the extent provided for under paragraph 6, an appropriate authority that has implemented a substitute scheme offering equivalent safeguards may, in derogation from the requirements of paragraph 1(b) and (c), be exempted from the requirement to apply official restrictions on the movement of animals and from the requirement to kill or destroy animals.]
4.Owners shall be compensated without delay for the loss of the animals that have been killed or products of animal origin destroyed F53....
F545.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F556.The appropriate authority may by regulations make rules for the implementation of this Article.]
Textual Amendments
F6Substituted by Regulation (EC) No 1923/2006 of the European Parliament and of the Council of 18 December 2006 amending Regulation (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (Text with EEA relevance).
F50Words in Art. 13(1)(a)(c) substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(11)(a)(i) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
F51Words in Art. 13(1) substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(11)(a)(ii) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
F52Art. 13(3) substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(11)(b) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
F53Words in Art. 13(4) omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(9)(a); 2020 c. 1, Sch. 5 para. 1(1)
F54Art. 13(5) omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(9)(b); 2020 c. 1, Sch. 5 para. 1(1)
F55Art. 13(6) substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(11)(c) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
1.Placing on the market or, if need be, export of bovine, ovine or caprine animals and their semen, embryos and ova shall be subject to the conditions laid down in Annex VIII, or, in the case of imports, to the conditions laid down in Annex IX. The live animals and their embryos and ova shall be accompanied by the appropriate animal health certificates as required by [F57retained direct EU] legislation, in accordance with Article 17 or, in the case of imports, Article 18.
2.The placing on the market of first generation progeny, semen, embryos and ova of TSE suspect or confirmed animals shall be subject to the conditions laid down in Annex VIII, Chapter B.
[F583.The appropriate authority may by regulations provide—
(a)that the provisions of paragraphs 1 and 2 be extended to other species of animal; and
(b)for rules for the implementation of this Article.]
Textual Amendments
F57Words in Art. 15(1) substituted (31.12.2020) by The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(11)(b) (as amended by S.I. 2019/1220, regs. 1(2)(b), 5(2)(c)); 2020 c. 1, Sch. 5 para. 1(1)
F58Art. 15(3) substituted for Art. 15(3)(4) (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(12) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
1.The following products of animal origin derived from healthy ruminants shall not be subject to restrictions on placing on the market or, if need be, export pursuant to this Article, to Annex VIII, Chapters C and D, and to Annex IX, Chapters A, C, F and G:
(a)products of animal origin covered by Article 15, in particular semen, embryos and ova;
[F6(b) milk and dairy products, hides and skins, and gelatine and collagen derived from hides and skins.]
[F62. Products of animal origin imported from a third country with a controlled or undetermined BSE risk shall come from healthy bovine, ovine and caprine animals which have not been subjected to a laceration of the central nervous tissue or gas injection into the cranial cavity as referred to in Article 8(3).
3. Food products of animal origin containing material obtained from bovine animals originating in a country or region with an undetermined BSE risk shall not be placed on the market unless they come from animals which:
(a) were born eight years after the date from which the prohibition on the feeding to ruminants of animal protein derived from mammals was effectively enforced; and
(b) were born, raised and have stayed in herds with a certified history of freedom from BSE for at least seven years.
Furthermore, food products of ruminant origin shall not be [F59imported from a country or region] with an undetermined BSE risk.
This prohibition shall not apply to products of animal origin listed in Annex VIII, Chapter C, and fulfilling the requirements of Annex VIII, Chapter C.
They must be accompanied by an animal health certificate issued by an official veterinarian certifying that they have been produced in conformity with this Regulation.]
4.When an animal is moved from a country or a region to country or region included in another category, it shall be classified in the highest category of the countries or regions in which it has stayed over twenty-four hours unless adequate guarantees can be provided certifying that the animal has not received feedingstuffs from the country or region classified in the highest category.
[F605.Products of animal origin for which this Article lays down specific rules must be accompanied by such animal health certificate or commercial document as may be made available or published for the time being by the appropriate authority.]
6.For the purpose of import F61..., products of animal origin shall comply with the conditions laid down in Annex IX, Chapters A, C, F and G.
[F627.The appropriate authority may by regulations provide—
(a)that the provisions of this Article be extended to other products of animal origin; and
(b)for rules for implementation of this Article.]
Textual Amendments
F6Substituted by Regulation (EC) No 1923/2006 of the European Parliament and of the Council of 18 December 2006 amending Regulation (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (Text with EEA relevance).
F59Words in Art. 16(3) substituted (31.12.2020) by The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(12)(c); 2020 c. 1, Sch. 5 para. 1(1)
F60Art. 16(5) substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(13)(a) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
F61Words in Art. 16(6) omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(12)(d); 2020 c. 1, Sch. 5 para. 1(1)
F62Art. 16(7) substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(13)(b) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
Appropriate health certificates relating to trade in the semen, embryos and ova of bovine, ovine or caprine animals, and appropriate commercial documents relating to trade in products of animal origin must be supplemented, where necessary, by a reference to the category specifying the BSE classification.]
Textual Amendments
The appropriate health certificates relating to imports must be supplemented in respect of the BSE classification of any country by the specific requirements laid down in Annex 9, as soon as that classification is confirmed.]
Textual Amendments
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F65 Deleted by Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (Text with EEA relevance).
1.Sampling and laboratory testing for the presence of a TSE shall be carried out using the methods and protocols laid down in Annex X, Chapter C.
[F66 2.Where necessary, to ensure the uniform application of this Article, the appropriate authority may by regulations introduce rules relating to the implementation of this Article, including the method to determine the presence of BSE in ovine and caprine animals.]
Textual Amendments
F66Art. 20(2) substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(14) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F65 Deleted by Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (Text with EEA relevance).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
The appropriate authority may, after taking appropriate advice on any question which could have an impact on public health, by regulations amend the Annexes.]
Textual Amendments
F68Art. 23 substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(15) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
[F69The appropriate authority may by regulations amend the following non-essential elements of this Regulation, including by supplementing it:]
[F41approval of the rapid tests referred to in Article 5(3) third subparagraph, Article 6(1), Article 8(2) and Article 9(3),]
adaptation of the age referred to in Article 6(1b),
criteria to demonstrate improvement of the epidemiological situation referred to in Article 6(1b),
decision to allow feeding of young animals of ruminant species with proteins derived from fish as referred to in Article 7(3),
criteria for granting exemptions from the restrictions referred to in Article 7(4),
decision to introduce a tolerance level as referred to in Article 7(4a),
F70...
rules providing for exemptions from the requirement to remove and destroy specified risk material as referred to in Article 8(5),
approval of production processes referred to in Article 9(1),
decision to extend certain provisions to other animal species as referred to in Article 15(3) [F41,]
[F71extension to other products of animal origin of the provisions of paragraphs 1 to 6 of Article 16,
adoption of the method to confirm BSE in ovine and caprine animals referred to in Article 20(2),
F72...]]
Textual Amendments
F1Inserted by Regulation (EC) No 1923/2006 of the European Parliament and of the Council of 18 December 2006 amending Regulation (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (Text with EEA relevance).
F41Substituted by Regulation (EC) No 220/2009 of the European Parliament and of the Council of 11 March 2009 amending Regulation (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies, as regards the implementing powers conferred on the Commission.
F69Words in Art. 23a substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(16)(a) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
F70Art. 23a(g) omitted (31.12.2020) by S.I. 2019/588, reg. 4(16)(b) (as amended by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 6(3)(d))
F71Inserted by Regulation (EC) No 220/2009 of the European Parliament and of the Council of 11 March 2009 amending Regulation (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies, as regards the implementing powers conferred on the Commission.
F72Art. 23a(m) omitted (31.12.2020) by virtue of The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(16)(b) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
1.Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.
2.For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 F74.
3.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.
5.A statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the Welsh Parliament.
6.Regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).
7.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8.Regulations made under this Regulation may—
(a)contain consequential, incidental, supplementary, transitional or saving provision, including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018);
(b)make different provision for different purposes.
9.Before making any regulations under this Regulation, the appropriate authority must—
(a)ensure that they are based on an appropriate assessment of the possible risks for human and animal health and must maintain or increase the level of protection of human and animal health in line with the latest scientific evidence; and
(b)consult—
such bodies or persons as appear to the appropriate authority to be representative of the interests likely to be substantially affected by the regulations;
such other bodies or persons as the appropriate authority considers appropriate.]
Textual Amendments
F73Art. 24 substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(17) (with reg. 12) (as amended by S.I. 2020/1463, regs. 1(2)(a), 6(3)(e)); 2020 c. 1, Sch. 5 para. 1(1)
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Textual Amendments
F75Art. 24a omitted (31.12.2020) by virtue of The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(18) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
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Textual Amendments
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply from 1 July 2001.
F77...
Textual Amendments
F77Words in Signature omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(17); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F78 Substituted by Commission Regulation (EC) No 1234/2003 of 10 July 2003 amending Annexes I, IV and XI to Regulation (EC) No 999/2001 of the European Parliament and of the Council and Regulation (EC) No 1326/2001 as regards transmissible spongiform encephalopathies and animal feeding (Text with EEA relevance).
the definition of ‘ farmed animal ’ in Article 3(6) of Regulation (EC) No 1069/2009;
the following definitions in Annex I to Regulation (EU) No 142/2011:
‘ fur animals ’ in point 1;
‘ blood products ’ in point 4;
‘ processed animal protein ’ in point 5;
‘ fishmeal ’ in point 7;
‘ collagen ’ in point 11;
‘ gelatine ’ in point 12;
‘ hydrolysed proteins ’ in point 14;
‘ canned petfood ’ in point 16;
‘ petfood ’ in point 19;
‘ processed petfood ’ in point 20;
the definition of ‘ feed ’ in Article 3(4) of Regulation (EC) No 178/2002;
Regulation (EC) No 767/2009:
‘ feed materials ’ in Article 3(2)(g);
‘ compound feed ’ in Article 3(2)(h);
‘ complete feed ’ in Article 3(2)(i);
[F81‘ label ’ in Article 3(2)(t);]
Directive 2006/88/EC:
‘ aquaculture animal ’ in Article 3(1)(b);
‘ aquatic animal ’ in Article 3(1)(e) [F80;]
[F82the definition of ‘ endangered breed ’ in Article 2(24) of Regulation (EU) 2016/1012.] ]
Textual Amendments
F81 Inserted by Commission Regulation (EU) 2017/893 of 24 May 2017 amending Annexes I and IV to Regulation (EC) No 999/2001 of the European Parliament and of the Council and Annexes X, XIV and XV to Commission Regulation (EU) No 142/2011 as regards the provisions on processed animal protein (Text with EEA relevance).
F82 Inserted by Commission Regulation (EU) 2020/772 of 11 June 2020 amending Annexes I, VII and VIII to Regulation (EC) No 999/2001 of the European Parliament and of the Council as regards eradication measures for transmissible spongiform encephalopathies in goats and endangered breeds (Text with EEA relevance).
Textual Amendments
F79Substituted by Commission Regulation (EU) No 56/2013 of 16 January 2013 amending Annexes I and IV to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (Text with EEA relevance).
F80Substituted by Commission Regulation (EU) 2020/772 of 11 June 2020 amending Annexes I, VII and VIII to Regulation (EC) No 999/2001 of the European Parliament and of the Council as regards eradication measures for transmissible spongiform encephalopathies in goats and endangered breeds (Text with EEA relevance).
‘ BSE indigenous case ’ means a case of bovine spongiform encephalopathy which has not been clearly demonstrated to be due to infection prior to importation as a live animal;
‘ cohort ’ means a group of bovine animals which includes both:
animals born in the same herd as the affected bovine animal, and within 12 months preceding or following the date of birth of the affected bovine animal; and
animals which at any time during the first year of their lives were reared together with the affected bovine animal during the first year of its life;
‘ index case ’ means the first animal on a holding, or in an epidemiologically defined group, in which a TSE infection is confirmed;
‘ TSE in small ruminants ’ means a transmissible spongiform encephalopathy case detected in an ovine or caprine animal following a confirmatory test for abnormal PrP protein;
‘ scrapie case ’ means a transmissible spongiform encephalopathy confirmed case in an ovine or caprine animal where a diagnosis of BSE has been excluded in accordance with the criteria laid down in the European Union reference laboratory’s technical handbook on TSE strain characterisation in small ruminants (18) ;
‘ classical scrapie case ’ means a scrapie confirmed case classified as classical in accordance with the criteria laid down in the European Union reference laboratory’s technical handbook on TSE strain characterisation in small ruminants;
‘ atypical scrapie case ’ means a scrapie confirmed case which is distinguishable from classical scrapie in accordance with the criteria laid down in the European Union reference laboratory’s technical handbook on TSE strain characterisation in small ruminants;
‘ Prion protein genotype ’ in ovine animals means a combination of two alleles as described in point 1 of Annex I to Commission Decision 2002/1003/EC (19) ;
‘ BSE case ’ means a case of BSE confirmed in a national reference laboratory according to the methods and protocols in point 3.1.(a) and (b) of Chapter C of Annex X;
‘ classical BSE case ’ means a BSE case classified as such in accordance with the criteria laid down in the European Union reference laboratory’s method for the classification of bovine TSE isolates (20) ;
‘ atypical BSE case ’ means a BSE case which cannot be classified as a classical BSE case in accordance with the criteria laid down in the European Union reference laboratory’s method for the classification of bovine TSE isolates;
‘ ovine and caprine animals over 18 months of age ’ means ovine and caprine animals:
[F81‘ farmed insects ’ means farmed animals, as defined in Article 3(6)(a) of Regulation (EC) No 1069/2009, of those insect species which are authorised for the production of processed animal protein in accordance with point 2 of Part A of Section 1 of Chapter II of Annex X to Regulation (EU) No 142/2011;
‘ home compounders ’ means livestock farmers who mix compound feed for the exclusive use on their own holding [F85;] ]
‘ [F86farmed and captive cervids ’ means animals of the family Cervidae which are kept by humans in an enclosed territory;
‘ wild cervids ’ means animals of the family Cervidae which are not kept by humans;
‘ semi-domesticated cervids ’ means animals of the family Cervidae which are kept by humans although not in an enclosed territory.] ] ]
Textual Amendments
F84Substituted by Commission Regulation (EU) 2017/893 of 24 May 2017 amending Annexes I and IV to Regulation (EC) No 999/2001 of the European Parliament and of the Council and Annexes X, XIV and XV to Commission Regulation (EU) No 142/2011 as regards the provisions on processed animal protein (Text with EEA relevance).
F85Substituted by Commission Regulation (EU) 2017/1972 of 30 October 2017 amending Annexes I and III to Regulation (EC) No 999/2001 of the European Parliament and of the Council as regards a surveillance programme for chronic wasting disease in cervids in Estonia, Finland, Latvia, Lithuania, Poland and Sweden and repealing Commission Decision 2007/182/EC (Text with EEA relevance).
F86Inserted by Commission Regulation (EU) 2017/1972 of 30 October 2017 amending Annexes I and III to Regulation (EC) No 999/2001 of the European Parliament and of the Council as regards a surveillance programme for chronic wasting disease in cervids in Estonia, Finland, Latvia, Lithuania, Poland and Sweden and repealing Commission Decision 2007/182/EC (Text with EEA relevance).
Textual Amendments
F83Substituted by Commission Regulation (EU) No 630/2013 of 28 June 2013 amending the Annexes to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (Text with EEA relevance).
Textual Amendments
F87Substituted by Commission Regulation (EC) No 722/2007 of 25 June 2007 amending Annexes II, V, VI, VIII, IX and XI to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (Text with EEA relevance).
[F88The BSE status of F89... countries or regions thereof (hereinafter referred to as countries or regions), shall be determined on the basis of the criteria set out in points (a) to (e). For the purpose of this Annex, ‘ BSE ’ excludes ‘ atypical BSE ’ as a condition believed to occur spontaneously in all cattle populations at a very low rate.]
Textual Amendments
F88Substituted by Commission Regulation (EU) 2016/1396 of 18 August 2016 amending certain Annexes to Regulation (No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (Text with EEA relevance).
F89Words in Annex 2 Ch. A omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(18); 2020 c. 1, Sch. 5 para. 1(1)
In the country or region:
a risk analysis in accordance with the provisions of Chapter B, identifying all the potential factors for BSE occurrence and their historic perspective in the country or region, is carried out;
a system of continuous surveillance and monitoring of BSE relating in particular to the risks described in Chapter B and complying with the minimal surveillance requirements laid down in Chapter D is in place;
an on-going awareness programme for veterinarians, farmers, and workers involved in transportation, marketing and slaughter of bovine animals, to encourage reporting of all cases showing clinical signs consistent with BSE in target sub-populations as defined in Chapter D of this Annex is in place;
an obligation to notify and investigate all bovine animals showing clinical signs consistent with BSE is in force;
the examination of brain or other tissues collected within the framework of the surveillance and monitoring system referred to in point (b) is carried out in an approved laboratory.
The risk analyses shall comprise an entry assessment and an exposure assessment.
Textual Amendments
F90Substituted by Commission Regulation (EU) No 1148/2014 of 28 October 2014 amending Annexes II, VII, VIII, IX and X to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (Text with EEA relevance).
The following risk factors shall be taken into account:
the presence or absence of the BSE agent in the country or region and, if the agent is present, its prevalence based on the outcome of surveillance activities;
the production of meat-and-bone meal or greaves from the BSE indigenous ruminant population;
imported meat-and-bone meal or greaves;
imported bovine and ovine and caprine animals;
imported animal feed and feed ingredients;
imported products of ruminant origin for human consumption, which may have contained tissues listed in point 1 of Annex V and may have been fed to bovine animals;
imported products of ruminant origin for in vivo use in bovine animals.
The exposure assessment shall consist of assessing the likelihood of exposure of bovine animals to the BSE agent, through a consideration of the following:
recycling and amplification of the BSE agent through consumption by bovine animals of meat-and-bone meal or greaves of ruminant origin, or other feed or feed ingredients contaminated with these;
the use of ruminant carcasses (including from fallen stock), by-products and slaughterhouse waste, the parameters of the rendering processes and the methods of animal feed manufacture;
the feeding or not of ruminants with meat-and-bone meal and greaves derived from ruminants, including measures to prevent cross-contamination of animal feed;
the level of surveillance for BSE conducted on the bovine animals population to that time and the results of that surveillance.
A country or region:
where a risk analysis in accordance with Chapter B has been conducted in order to identify the historical and existing risk factors;
which has demonstrated that appropriate specific measures have been taken for the relevant period of time defined below to manage each identified risk;
which has demonstrated that Type B surveillance, in accordance with Chapter D, is in place, and the relevant points target, in accordance with Table 2 thereof, has been met; and
which is:
either in the following situation:
in the country or region there has been no case of BSE, or, any case of BSE has been demonstrated to have been imported and has been completely destroyed;
the criteria in points (c), (d) and (e) of Chapter A of this Annex have been complied with for at least seven years; and
it has been demonstrated through an appropriate level of control and audit that for at least eight years neither meat-and-bone meal nor greaves derived from ruminants has been fed to ruminants;
or in the following situation:
there has been one or more BSE indigenous cases in the country or region but every BSE indigenous case was born more than 11 years ago;
the criteria in points (c), (d) and (e) of Chapter A have been complied with for at least seven years;
it has been demonstrated through an appropriate level of control and audit that for at least eight years neither meat-and-bone meal nor greaves derived from ruminants has been fed to ruminants;
the following animals, if alive in the country or region, are permanently identified, and their movements controlled, and, when slaughtered or at death, are completely destroyed:
all BSE cases,
all bovine animals which, during their first year of life, were reared with the BSE cases during their first year of life, and which investigation showed consumed the same potentially contaminated feed during that period, or
if the results of the investigation referred to in the second indent are inconclusive, all bovine animals born in the same herd as, and within 12 months of the birth of, the BSE cases.
A country or region
where a risk analysis based on the information laid down in Chapter B has been conducted in order to identify the historical and existing risk factors;
which has demonstrated that appropriate measures are been taken to manage all identified risks, but those measures have not been taken for the relevant period of time;
which has demonstrated that Type A surveillance, in accordance with Chapter D, is in place and the relevant points target, in accordance with Table 2, has been met. Type B surveillance may replace Type A surveillance once the relevant points target is met; and
which is:
either in the following situation:
in the country or region there has been no case of BSE, or, any case of BSE has been demonstrated to have been imported and has been completely destroyed, the criteria in points (c), (d) and (e) of Chapter A are complied with, and it can be demonstrated through an appropriate level of control and audit that neither meat-and-bone meal nor greaves derived from ruminants has been fed to ruminants;
the criteria in points (c), (d) and (e) of Chapter A have been complied with for a period shorter than seven years; and/or
it cannot be demonstrated that controls over the feeding of meat-and-bone meal or greaves derived from ruminants to ruminants have been in place for eight years;
or in the following situation:
in the country or region there has been a BSE indigenous case, the criteria in points (c), (d) and (e) of Chapter A are complied with, and it can be demonstrated through an appropriate level of control and audit that neither meat-and-bone meal nor greaves derived from ruminants has been fed to ruminants;
the criteria in points (c) to (e) of Chapter A of this Annex have been complied with for a period shorter than seven years; and/or
it cannot be demonstrated that controls over the feeding of meat-and-bone meal or greaves derived from ruminants to ruminants have been in place for at least eight years;
the following animals, if alive in the country or region, are permanently identified, and their movements controlled, and, when slaughtered or at death, are completely destroyed: and
all BSE cases, and
all bovine animals which, during their first year of life, were reared with the BSE cases during their first year of life, and which investigation showed consumed the same potentially contaminated feed during that period, or
if the results of the investigation referred to in the second indent are inconclusive, all bovine animals born in the same herd as, and within 12 months of the birth of, the BSE cases.
A country or region for which the determination of BSE status has not been concluded, or which does not meet the conditions to be fulfilled by the country or region to be classified in one of the other categories.
For the purpose of this Annex, the following definitions shall apply:
Type A surveillance
The application of Type A surveillance will allow the detection of BSE at a design prevalence (22) of at least one case per 100 000 in the adult bovine animals population in the country or region of concern, at a confidence level of 95 %;
Type B surveillance
The application of Type B surveillance will allow the detection of BSE at a design prevalence of at least one case per 50 000 in the adult bovine animals population in the country or region of concern, at a confidence level of 95 %.
Type B surveillance may be carried out by countries or region of negligible BSE risk status to confirm the conclusions of the risk analysis, for example by demonstrating the effectiveness of the measures mitigating any risk factors identified, through surveillance targeted to maximise the likelihood of identifying failures of such measures.
Type B surveillance may also be carried out by countries or regions of controlled BSE risk status, following the achievement of the relevant points target using Type A surveillance, to maintain confidence in the knowledge gained through Type A surveillance.
For the purpose of this Annex, the following four sub-populations of bovine animals have been identified for surveillance purposes:
bovine animals over 30 months of age displaying behavioural or clinical signs consistent with BSE (clinical suspects);
bovine animals over 30 months of age that are non-ambulatory, recumbent, unable to rise or to walk without assistance; bovine animals over 30 months of age sent for emergency slaughter or with abnormal observations at ante-mortem inspection (casualty or emergency slaughter);
bovine animals over 30 months of age which are found dead or killed on farm, during transport or at an abattoir (fallen stock);
bovine animals over 36 months of age at routine slaughter.
Surveillance samples must meet the point targets set out in Table 2, on the basis of ‘ point values ’ fixed in Table 1. All clinical suspects shall be investigated, regardless of the number of points accumulated. A country shall sample at least three out of the four sub-populations. The total points for samples collected shall be accumulated over a period of a maximum of seven consecutive years to achieve the target number of points. The total points accumulation shall be periodically compared to the target number of points for a country or region.
Surveillance point values for samples collected from animals in the given sub-population and age category
a Bovine animals over 36 months of age at routine slaughter. | |||
b Bovine animals over 30 months of age which are found dead or killed on farm, during transport or at an abattoir (fallen stock). | |||
c Bovine animals over 30 months of age that are non-ambulatory, recumbent, unable to rise or to walk without assistance; bovine animals over 30 months of age sent for emergency slaughter or with abnormal observations at ante-mortem inspection (casualty or emergency slaughter). | |||
d Bovine animals over 30 months of age displaying behavioural or clinical signs consistent with BSE (clinical suspects). | |||
Surveillance sub-population | |||
---|---|---|---|
Routine slaughter a | Fallen stock b | Casualty slaughter c | Clinical suspect d |
Age ≥ 1 year and < 2 years | |||
0,01 | 0,2 | 0,4 | N/A |
Age ≥ 2 years and < 4 years (young adult) | |||
0,1 | 0,2 | 0,4 | 260 |
Age ≥ 4 years and < 7 years (middle adult) | |||
0,2 | 0,9 | 1,6 | 750 |
Age ≥ 7 years and < 9 years (older adult) | |||
0,1 | 0,4 | 0,7 | 220 |
Age ≥ 9 years (aged) | |||
0,0 | 0,1 | 0,2 | 45 |
Points targets for different adult bovine animals population sizes in a country or region
Points targets for country or region | ||
---|---|---|
Adult bovine animals population size (24 months and older) | Type A surveillance | Type B surveillance |
> 1 000 000 | 300 000 | 150 000 |
900 001 - 1 000 000 | 214 600 | 107 300 |
800 001 - 900 000 | 190 700 | 95 350 |
700 001 - 800 000 | 166 900 | 83 450 |
600 001 - 700 000 | 143 000 | 71 500 |
500 001 - 600 000 | 119 200 | 59 600 |
400 001 - 500 000 | 95 400 | 47 700 |
300 001 - 400 000 | 71 500 | 35 750 |
200 001 - 300 000 | 47 700 | 23 850 |
100 001 - 200 000 | 22 100 | 11 500 |
90 001 - 100 000 | 19 900 | 9 950 |
80 001 - 90 000 | 17 700 | 8 850 |
70 001 - 80 000 | 15 500 | 7 750 |
60 001 - 70 000 | 13 000 | 6 650 |
50 001 - 60 000 | 11 000 | 5 500 |
40 001 - 50 000 | 8 800 | 4 400 |
30 001 - 40 000 | 6 600 | 3 300 |
20 001 - 30 000 | 4 400 | 2 200 |
10 001 - 20 000 | 2 100 | 1 050 |
9 001 - 10 000 | 1 900 | 950 |
8 001 - 9 000 | 1 600 | 800 |
7 001 - 8 000 | 1 400 | 700 |
6 001 - 7 000 | 1 200 | 600 |
5 001 - 6 000 | 1 000 | 500 |
4 001 - 5 000 | 800 | 400 |
3 001 - 4 000 | 600 | 300 |
2 001 - 3 000 | 400 | 200 |
1 001 - 2 000 | 200 | 100] |
Within each of the sub-populations above in a country or region, a country may target bovine animals identifiable as imported from countries or regions where BSE has been detected and bovine animals which have consumed potentially contaminated feedstuffs from countries or regions where BSE has been detected.
A country may choose to use the full BSurvE model or an alternative method based on the BSurvE model to estimate its BSE presence/prevalence.
Once the points target has been achieved, and in order to continue to designate the status of a country or region as controlled BSE risk or negligible risk, surveillance can be reduced to Type B surveillance (provided all other indicators remain positive). However, to continue to comply with the requirements laid down in this Chapter, ongoing annual surveillance must continue to include at least three of the four prescribed sub-populations. In addition all bovine animals clinically suspected of being infected with BSE shall be investigated regardless of the number of points accumulated. The annual surveillance in a country or region following the achievement of the required points target, shall be no less than the amount required for one-seventh of its total Type B surveillancetarget.]
Textual Amendments
Monitoring in bovine animals shall be carried out in accordance with the laboratory methods laid down in Annex X, Chapter C, point 3(1)(b).
emergency slaughter in accordance with point 1 of Chapter VI of Section I of Annex III to Regulation (EC) No 853/2004 (23) , or
an ante mortem inspection with observations concerning accidents, or serious physiological and functional problems, or signs in accordance with point 2 of Part B of Chapter II of Section I of Annex I to Regulation (EC) No 854/2004 (24) .
killed for destruction pursuant to Commission Regulation (EC) No 716/96 (25) ,
killed in the framework of an epidemic, such as foot-and-mouth disease,
slaughtered for human consumption,
shall be tested for BSE.
Textual Amendments
F92Annex 3 Ch. A Pt. 1 point 3.2 substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(20)(a) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
All animals born between 1 August 1995 and 1 August 1996 killed for destruction pursuant Regulation (EC) No 716/96 shall be tested for BSE.]
Textual Amendments
In addition to the testing referred to in points 2 to 4, [F94the appropriate authority may test other bovine animals], in particular where those animals originate from countries with indigenous BSE, have consumed potentially contaminated feedingstuffs or were born or derived from BSE infected dams.
Textual Amendments
Textual Amendments
F95Words in Annex 3 Ch. A Pt. 1 point 6.1 substituted (31.12.2020) by S.I. 2019/170, reg. 2(21)(aa) (as inserted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(i))
Textual Amendments
F96Words in Annex 3 Ch. A Pt. 1 point 6.2 substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(20)(b)(i) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
By way of derogation from the first paragraph of this point, [F97The appropriate authority may decide not to destroy the carcases mentioned in the first paragraph unless] the result of the rapid test is confirmed to be positive or inconclusive by confirmatory examinations referred to in Annex X, Chapter C, point 3.1(b).
Textual Amendments
F97Words in Annex 3 Ch. A Pt. 1 point 6.5 substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(20)(b)(ii) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F98Words in Annex 3 Ch. A Pt. 1 point 6.6 substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(20)(b)(iii) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F99Annex 3 Ch. A Pt. 1 point 7 omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(21)(b); 2020 c. 1, Sch. 5 para. 1(1)
Monitoring in ovine and caprine animals shall be carried out in accordance with the laboratory methods laid down in Annex X, Chapter C, point 3.2(b).
Textual Amendments
F102Words in Annex 3 Ch. A Pt. 2 point 2(a) substituted (31.12.2020) by S.I. 2019/170), regs. 1, 2(22)(a)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
F103Words in Annex 3 Ch. A Pt. 2 point 2(a) inserted (31.12.2020) by S.I. 2019/170, regs. 1, 2(22)(a)(i)(bb) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(j)(i)); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
50 % of its minimum sample size of ovine and caprine animals slaughtered for human consumption set out in points (a) and (b) by testing dead ovine or caprine animals over the age of 18 months at the ratio of one to one and in addition to the minimum sample size set out in point 3;
10 % of its minimum sample size set out in points (a) and (b) by testing ovine or caprine animals killed in the framework of a disease eradication campaign over the age of 18 months at the ratio of one to one.]
Textual Amendments
[F106The appropriate authorities] shall test, in accordance with the sampling rules set out in point 4 and the minimum sample sizes indicated in Table A and Table B, ovine and caprine animals which have died or been killed, but which were not:
Textual Amendments
killed in the framework of a disease eradication campaign, or
slaughtered for human consumption.
a Minimum sample sizes are set to take account of the size of the ovine populations F107... and are intended to provide achievable targets. | |
F108...Population of ewes and ewe lambs put to the ram | Minimum sample size of dead ovine animals a |
---|---|
> 750 000 | 10 000 |
100 000 - 750 000 | 1 500 |
40 000 - 100 000 | 100 % up to 500 |
< 40 000 | 100 % up to 100 |
Textual Amendments
F107Words in Annex 3 Ch. A Pt. 2 point 3 Table A omitted (31.12.2020) by virtue of S.I. 2019/170, reg. 2(22)(b)(iii) (as inserted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(j)(ii))
a Minimum sample sizes are set to take account of the size of the caprine population F109... and are intended to provide achievable targets. | |
F110...Population of goats which have already kidded and goats mated | Minimum sample size of dead caprine animals a |
---|---|
> 750 000 | 10 000 |
250 000 - 750 000 | 1 500 |
40 000 - 250 000 | 100 % up to 500 |
< 40 000 | 100 % up to 100 |
Textual Amendments
F109Words in Annex 3 Ch. A Pt. 2 point 3 Table B omitted (31.12.2020) by virtue of S.I. 2019/170, reg. 2(22)(b)(iii) (as inserted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(j)(ii))
The animals shall be over 18 months of age or have more than two permanent incisors erupted through the gum.
The age of the animals shall be estimated on the basis of dentition, obvious signs of maturity, or any other reliable information.
The sample selection shall be designed with a view to avoid the over-representation of any group as regards the origin, age, breed, production type or any other characteristic.
The sampling shall be representative for each region and season. Multiple sampling in the same flock shall be avoided, wherever possible. [F111The monitoring programmes must be designed by the Secretary of State, with the consent of each other authority which, in relation to any part of Great Britain, is the appropriate authority so as] to achieve, wherever possible, that in successive sampling years all officially registered holdings with more than 100 animals and where TSE cases have never been detected are subject to TSE testing.
Textual Amendments
F111Words in Annex 3 Ch. A Pt. 2 point 4 substituted (31.12.2020) by S.I. 2019/588, reg. 4(21)(a)(i) (as substituted by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 6(3)(g))
The [F112appropriate authority] shall put in place a system to check, on a targeted or other basis, that animals are not being diverted from sampling.
Textual Amendments
F112Words in Annex 3 Ch. A Pt. 2 point 4 substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(21)(a)(ii) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
[F113However, an appropriate authority may exclude from the sampling any remote areas with a low animal density and where no collection of dead animals takes place, provided that when taken with other such exclusions not more than 10% of the ovine and caprine population in the United Kingdom is excluded.]
Textual Amendments
F113Words in Annex 3 Ch. A Pt. 2 point 4 substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(21)(a)(iii) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
Animals over 18 months of age which are killed for destruction in accordance with Annex VII, Chapter B, Part 2, point 2.2.1. and point 2.2.2.(b) or (c), shall be tested for the presence of TSE in accordance with the laboratory methods and protocols set out in Annex X, Chapter C, Part 3, point 3.2.(b), based on the selection of a simple random sample, in accordance with the sample size set out in the following table.
Number of animals over 18 months of age killed for destruction in the herd or flock | Minimum sample size |
---|---|
70 or less | All eligible animals |
80 | 68 |
90 | 73 |
100 | 78 |
120 | 86 |
140 | 92 |
160 | 97 |
180 | 101 |
200 | 105 |
250 | 112 |
300 | 117 |
350 | 121 |
400 | 124 |
450 | 127 |
500 or more | 150] |
In addition to the monitoring programmes set out in points 2, 3 and 4, [F114the appropriate authority] may on a voluntary basis carry out monitoring in other animals, in particular:
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animals used for dairy production,
animals originating from countries with indigenous TSEs,
animals which have consumed potentially contaminated feedingstuffs,
animals born or derived from TSE infected dams.
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F115Words in Annex 3 Ch. A Pt. 2 point 7.2 substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(21)(b) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
The prion protein genotype for the codons 136, 154 and 171 shall be determined for each positive TSE case in sheep. TSE cases found in sheep of genotypes which encode alanine on both alleles at codon 136, arginine on both alleles at codon 154 and arginine on both alleles at codon 171 shall immediately be reported to the [F117appropriate authority, which must immediately notify the other appropriate authorities]. Where the positive TSE case is an atypical scrapie case the prion protein genotype for the codon 141 shall also be determined.]]
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F100Substituted by Commission Regulation (EC) No 36/2005 of 12 January 2005 amending Annexes III and X to Regulation (EC) No 999/2001 of the European Parliament and of the Council as regards epidemio-surveillance for transmissible spongiform encephalopathies in bovine, ovine and caprine animals (Text with EEA relevance).
F101Substituted by Commission Regulation (EC) No 727/2007 of 26 June 2007 amending Annexes I, III, VII and X to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (Text with EEA relevance).
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The appropriate authority may carry out monitoring for TSEs in cervids.]]
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Member States may on a voluntary basis carry out monitoring for TSE in animal species other than bovine, ovine, caprine and cervid animals.]]
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F126...
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F127...
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In accordance with Article 7(2), the prohibition provided for in Article 7(1) shall be extended to the feeding:
to ruminants of dicalcium phosphate and tricalcium phosphate of animal origin and compound feed containing these products;
to non-ruminant farmed animals, other than fur animals, of:
processed animal protein;
collagen and gelatine of ruminant origin;
blood products;
hydrolysed protein of animal origin;
dicalcium phosphate and tricalcium phosphate of animal origin;
feed containing the products listed in (i) to (v).
In accordance with the first subparagraph of Article 7(3), the prohibitions provided for in Article 7(1) and in Chapter I shall not apply to the feeding to:
ruminants of:
milk, milk-based products, milk-derived products, colostrum and colostrum products;
eggs and egg products;
collagen and gelatine derived from non-ruminants;
hydrolysed proteins derived from:
parts of non-ruminants, or
ruminant hides and skins;
compound feed containing the products listed in points (i) to (iv) above;
non-ruminant farmed animals of the following feed materials and compound feed:
hydrolysed proteins derived from parts of non-ruminants or from ruminant hides and skins;
fishmeal and compound feed containing fishmeal which are produced, placed on the market and used in accordance with the general conditions laid down in Chapter III and the specific conditions laid down in Section A of Chapter IV;
dicalcium phosphate and tricalcium phosphate of animal origin and compound feed containing such phosphates which are produced, placed on the market and used in accordance with the general conditions laid down in Chapter III and the specific conditions laid down in Section B of Chapter IV;
blood products derived from non-ruminants and compound feed containing such blood products which are produced, placed on the market and used in accordance with the general conditions laid down in Chapter III and the specific conditions laid down in Section C of Chapter IV;
[F84aquaculture animals of the following feed materials and compound feed:
processed animal protein derived from non-ruminants, other than fishmeal and other than processed animal protein derived from farmed insects, and compound feed containing such processed animal protein, which are produced, placed on the market and used in accordance with the general conditions laid down in Chapter III and the specific conditions laid down in Section D of Chapter IV;
processed animal protein derived from farmed insects, and compound feed containing such processed animal protein, which are produced, placed on the market and used in accordance with the general conditions laid down in Chapter III and the specific conditions laid down in Section F of Chapter IV;]
unweaned ruminants of milk replacers containing fishmeal and which are produced, placed on the market and used in accordance with specific conditions laid down in Section E of Chapter IV;
farmed animals of feed materials of plant origin and compound feed containing such feed materials contaminated with insignificant amount of bone spicules derived from unauthorised animal species. Member States may only use this derogation if they have carried out a risk assessment beforehand which has confirmed there is a negligible risk for animal health. That risk assessment must take into account at least the following:
the level of the contamination;
the nature and the source of the contamination;
the intended use of the contaminated feed.
bulk processed animal protein derived from non-ruminants, including fishmeal and processed animal protein derived from farmed insects;
bulk dicalcium and tricalcium phosphate of animal origin;
bulk blood products derived from non-ruminants;
bulk compound feed containing the feed materials listed in (a), (b) and (c).
Records detailing the type of products that were transported or stored in a storage plant shall be kept available to the competent authority for a period of at least two years.
Whenever such a procedure is used, a documented record of such use shall be kept available to the competent authority for a period of at least two years.
Whenever such a procedure is used, a documented record of such use shall be kept available to the competent authority for a period of at least two years.]
fishmeal;
dicalcium and tricalcium phosphate of animal origin;
blood products derived from non-ruminants.
compound feed intended for ruminants must be manufactured and kept, during storage, transport and packaging, in facilities that are physically separate from those facilities where compound feed for non-ruminants are manufactured and kept;
records detailing the purchases and uses of the products listed in point 1 and the sales of compound feed containing those products must be kept available to the competent authority for a period of at least five years;
regular sampling and analysis of the compound feed intended for ruminants must be carried out in order to verify the absence of unauthorised constituents of animal origin using the methods of analysis for the determination of constituents of animal origin for the control of feed set out in Annex VI to Commission Regulation (EC) No 152/2009 (26) ; the frequency of sampling and analysis shall be determined on the basis of a risk assessment carried out by the operator as part of its procedures based on hazard analysis and critical control points (HACCP) principles; the results of such sampling and analysis shall be kept available to the competent authority for a period of at least five years.
they must be registered by the competent authority as producing complete feed from compound feed containing the products listed in point 1;
they must keep only non-ruminant animals;
any compound feed containing fishmeal used in the production of the complete feed must contain less than 50 % crude protein;
any compound feed containing dicalcium and tricalcium phosphate of animal origin used in the production of the complete feed must contain less than 10 % total phosphorus;
any compound feed containing blood products derived from non-ruminants used in the production of the complete feed must contain less than 50 % crude protein.]
Before release F128..., importers shall ensure that each of the consignment of the following feed materials and compound feed, which are intended to be used for the feeding of non-ruminant farmed animals, other than fur animals, in accordance with Chapter II of this Annex, is analysed in accordance with the methods of analysis for the determination of constituents of animal origin for the control of feed set out Annex VI to Regulation (EC) No 152/2009 in order to verify the absence of unauthorised constituents of animal origin:
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F128Words in Annex 4 Ch. 3 s. C omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(28); 2020 c. 1, Sch. 5 para. 1(1)
[F84processed animal protein derived from non-ruminants, including fishmeal and processed animal protein derived from farmed insects;]
blood products derived from non-ruminants;
compound feed containing the feed materials listed in (a) and (b).
[F84processed animal protein derived from non-ruminants, including fishmeal and processed animal protein derived from farmed insects;]
dicalcium and tricalcium phosphate of animal origin;
blood products derived from non-ruminants;
compound feed containing the feed materials listed in (a) to (c).
The following specific conditions shall apply to the production and use of fishmeal and compound feed containing fishmeal intended to be used for the feeding of non-ruminant farmed animals other than fur animals:
[F129the fishmeal must be produced in processing plants dedicated exclusively to the production of products derived from:
aquatic animals, except sea mammals;
farmed aquatic invertebrates other than those that fall within the definition of ‘ aquatic animals ’ provided for in Article 3(1)(e) of Directive 2006/88/EC; or
starfish of the species Asterias rubens which are harvested in a production area as defined in Annex I point 2.5 of Regulation (EC) No 853/2004 and classified accordingly;]
[F84The words ‘ fishmeal — shall not be used in feed for ruminants except unweaned ruminants ’ shall be clearly indicated on the accompanying commercial document or health certificate referred to in Article 21(2) of Regulation (EC) No 1069/2009, as appropriate, as well as on the label of fishmeal;
The words ‘ contains fishmeal — shall not be fed to ruminants ’ shall be clearly indicated on the label of compound feed containing fishmeal intended for non-ruminant farmed animals other than fur animals.]
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F129Substituted by Commission Regulation (EU) 2017/110 of 23 January 2017 amending Annexes IV and X to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (Text with EEA relevance).
The words ‘ di-/tricalcium phosphate of animal origin — shall not be used in feed for ruminants ’ shall be clearly indicated on the accompanying commercial document or health certificate referred to in Article 21(2) of Regulation (EC) No 1069/2009, as appropriate, as well as on the label of dicalcium/tricalcium phosphate of animal origin;
The words ‘ contains dicalcium/tricalcium phosphate of animal origin — shall not be fed to ruminants ’ shall be clearly indicated on the label of compound feed containing dicalcium/tricalcium phosphate of animal origin.]
The following specific conditions shall apply to the production and use of blood products derived from non-ruminants and to compound feed containing such blood products, intended to be used for the feeding of non-ruminant farmed animals other than fur animals:
The blood intended to be used for the production of blood products shall be derived from slaughterhouses which do not slaughter ruminants and which are registered by the competent authority as not slaughtering ruminants.
By way of derogation from that specific condition, the competent authority may authorise the slaughter of ruminants in a slaughterhouse producing non-ruminant blood intended for the production of blood products for use in feed for non-ruminant farmed animals.
That authorisation may be granted only where the competent authority is satisfied, following an inspection, concerning the effectiveness of measures aimed to prevent cross-contamination between ruminant and non-ruminant blood.
Those measures shall include the following minimum requirements:
the slaughtering of non-ruminants must be carried out in lines that are physically separate from lines used for the slaughtering of ruminants;
the collection, storage, transport and packaging facilities for blood of non-ruminant origin must be kept separate from those used for blood of ruminant origin;
a regular sampling and analysis of blood of non-ruminant origin must be carried out to detect the presence of ruminant proteins. The method of analysis used must be scientifically validated for that purpose. The frequency of sampling and analysis must be determined on the basis of a risk assessment carried out by the operator as part of its procedures based on the HACCP principles.
The blood intended to be used for the production of blood products for non-ruminants shall be transported to a processing plant in vehicles and containers dedicated exclusively for the transport of non-ruminant blood.
By way of derogation from that specific condition, vehicles and containers which have been previously used for the transport of blood derived from ruminants may be used for the transport of non-ruminant blood provided that they have been thoroughly cleaned beforehand in order to avoid cross-contamination in accordance with a documented procedure which has been given prior authorisation by the competent authority. Whenever such a procedure is used, a documented trace of such use shall be kept available to the competent authority for a period of at least two years.
[F84The blood products shall be produced in processing plants exclusively processing non-ruminant blood, and registered by the competent authority as processing exclusively non-ruminant blood.]
By way of derogation from that specific condition, the competent authority may authorise the production of blood products for use in feed for non-ruminant farmed animals in processing plants processing ruminant blood.
That authorisation may be granted only where the competent authority is satisfied, following an inspection, concerning the effectiveness of measures aimed to prevent cross-contamination.
Those measures shall include the following minimum requirements:
the production of non-ruminant blood products must be carried out in a closed system that is kept physically separated from that used for the production of ruminant blood products;
the collection, storage, transport and packaging facilities for bulk raw material and bulk finished products of non-ruminant origin must be kept separate from those for bulk raw material and bulk finished of ruminant origin;
an ongoing reconciliation process between the incoming blood respectively derived from ruminants and non-ruminants and the corresponding blood products must be applied;
a regular sampling and analysis of blood products of non ruminant origin must be carried out to verify the absence of cross-contamination with blood products of ruminant origin using the methods of analysis for the determination of constituents of animal origin for the control of feed set out in Annex VI to Regulation (EC) No 152/2009; the frequency of sampling and analysis shall be determined on the basis of a risk assessment carried out by the operator as part of its procedures based on hazard analysis and critical control points (HACCP) principles; the results of such sampling and analysis shall be kept available to the competent authority for a period of at least five years.
[F84The words ‘ non-ruminant blood products — shall not be used in feed for ruminants ’ shall be clearly indicated on the accompanying commercial document or health certificate referred to in Article 21(2) of Regulation (EC) No 1069/2009, as appropriate, as well as on the label of blood products derived from non-ruminants.
The words ‘ contains non-ruminant blood products — shall not be fed to ruminants ’ shall be clearly indicated on the label of compound feed containing blood products derived from non-ruminants.]
The following specific conditions shall apply to the production and use of processed animal protein derived from non-ruminants, other than fishmeal and other than processed animal protein derived from farmed insects, and compound feed containing such protein, intended to be used for feeding aquaculture animals:
The animal by-products intended to be used for the production of processed animal protein referred to in this Section shall come from:
slaughterhouses which do not slaughter ruminants and which are registered by the competent authority as not slaughtering ruminants; or
cutting plants which do not bone or cut up ruminant meat and which are registered by the competent authority as not boning or cutting up ruminant meat; or
other establishments than those referred to in (i) or (ii) which do not handle ruminant products and which are registered by the competent authority as not handling ruminant products.
By way of derogation from that specific condition, the competent authority may authorise the slaughter of ruminants in a slaughterhouse producing non-ruminant animal by-products intended for the production of processed animal protein referred to in this Section, and the handling of ruminant products in a cutting plant or another establishment producing non-ruminant animal by-products intended for the production of processed animal protein referred to in this Section.
That authorisation may be granted only where the competent authority is satisfied, following an on-site inspection, of the effectiveness of measures aimed to prevent cross-contamination between ruminant and non-ruminant by-products.
Those measures shall include the following minimum requirements:
the slaughtering of non-ruminants must be carried out in lines that are physically separate from those used for the slaughtering of ruminants;
non-ruminant products must be handled on production lines that are physically separate from those used for the handling of ruminant products;
the collection, storage, transport and packaging facilities for animal by-products of non-ruminant origin must be kept separate from those for animal by-products of ruminant origin;
a regular sampling and analysis of animal by-products of non-ruminant origin must be carried out to detect the presence of ruminant proteins. The method of analysis used must be scientifically validated for that purpose. The frequency of sampling and analysis shall be determined on the basis of a risk assessment carried out by the operator as part of its procedures based on the HACCP principles.]
The animal by-products of non-ruminant origin intended to be used for the production of processed animal protein referred to in this Section shall be transported to a processing plant in vehicles and containers which are not used for the transport of animal by-products of ruminant origin.
By way of derogation from that specific condition, they may be transported in vehicles and containers which have been previously used for the transport of animal by-products derived from ruminants, provided that those vehicles and containers have been cleaned beforehand in order to avoid cross-contamination in accordance with a documented procedure which has been given prior authorisation by the competent authority.
Whenever such a procedure is used, a documented trace of such use shall be kept available to the competent authority for a period of at least two years.
[F84The processed animal protein referred to in this Section shall be produced in processing plants that are dedicated exclusively to processing non-ruminant animal by-products sourced from slaughterhouses, cutting plants or other establishments referred to in point (a). Those processing plants shall be registered by the competent authority as processing exclusively non-ruminant animal by-products.]
By way of derogation from that specific condition, the competent authority may authorise the production of processed animal protein referred to in this Section in processing plants processing ruminant animal by-products.
That authorisation may be granted only where the competent authority is satisfied, following an inspection, concerning the effectiveness of the measures aimed to prevent cross-contamination between processed animal protein of ruminant origin and processed animal protein of non-ruminant origin.
Those preventive measures shall include the following minimum requirements:
the production of processed animal protein derived from ruminants must be carried out in a closed system that is physically separated from that used for the production of the processed animal protein referred to in this Section;
the keeping of animal by-products derived from ruminants during storage and transport in facilities that are physically separated from those for animal by-products derived from non-ruminants;
the keeping of processed animal protein derived from ruminants during storage and packaging in facilities that are physically separated from those used for finished products derived from non-ruminants;
regular sampling and analysis of the processed animal protein referred to in this Section must be carried out to verify the absence of cross-contamination with ruminant processed animal protein using the methods of analysis for the determination of constituents of animal origin for the control of feed set out in Annex VI to Regulation (EC) No 152/2009; the frequency of sampling and analysis shall be determined on the basis of a risk assessment carried out by the operator as part of its procedures based on hazard analysis and critical control points (HACCP) principles; the results of such sampling and analysis shall be kept available to the competent authority for a period of at least five years.
Compound feed containing processed animal protein referred to in this Section shall be produced in establishments authorised for that purpose by the competent authority and which are dedicated exclusively to the production of feed for aquaculture animals.
By way of derogation from that specific condition:
[F84the production of compound feed, containing processed animal protein referred to in this Section, for aquaculture animals in establishments which also produce compound feed intended for other farmed animals, other than fur animals, may be authorised by the competent authority, following an on-site inspection, subject to compliance with the following conditions:]
compound feed destined for ruminants must be manufactured and kept, during storage, transport and packaging, in facilities that are physically separate from those facilities where compound feed for non-ruminant animals are manufactured and kept;
compound feed destined for aquaculture animals must be manufactured and kept, during storage, transport and packaging, in facilities that are physically separate from those facilities where compound feed for other non-ruminant animals are manufactured and kept;
records detailing the purchases and uses of processed animal protein referred to in this Section and the sales of compound feed containing such protein must be kept available to the competent authority for a period of at least five years;
regular sampling and analysis of the compound feed destined for farmed animals other than aquaculture animals in order to verify the absence of unauthorised constituents of animal origin using the methods of analysis for the determination of constituents of animal origin for the control of feed set out in Annex VI to Regulation (EC) No 152/2009; the frequency of such sampling and analysis shall be determined on the basis of a risk assessment carried out by the operator as part of its procedures based on the HACCP principles; the results must be kept available to the competent authority for a period of at least five years;
[F84a specific authorisation for the production of complete feed from compound feed containing processed animal protein referred to in this Section shall not be required for home compounders that comply with the following conditions:
they are registered by the competent authority as producing complete feed from compound feed containing processed animal protein derived from non-ruminants, other than fishmeal and other than processed animal protein derived from farmed insects,
they keep only aquaculture animals, and
the compound feed containing processed animal protein referred to in this Section used in their production contains less than 50 % crude protein.]
[F84The accompanying commercial document or health certificate referred to in Article 21(2) of Regulation (EC) No 1069/2009, as appropriate, of processed animal protein referred to in this Section and the label thereof shall be clearly marked with the following words: ‘ non-ruminant processed animal protein — shall not be used in feed for farmed animals except aquaculture and fur animals ’ .
The following words shall be clearly indicated on the label of compound feed containing processed animal protein referred to in this Section:
‘contains non-ruminant processed animal protein — shall not be fed to farmed animals except aquaculture and fur animals’ .]
The following specific conditions shall apply to the production, placing on the market and use of milk replacers containing fishmeal in the feeding of unweaned farmed animals of the ruminant species:
[F129the fishmeal used in milk replacers shall be produced in processing plants dedicated exclusively to the production of products derived from:
aquatic animals, except sea mammals;
farmed aquatic invertebrates other than those that fall within the definition of ‘ aquatic animals ’ provided for in Article 3(1)(e) of Directive 2006/88/EC; or
starfish of the species Asterias rubens which are harvested in a production area as defined in Annex I point 2.5 of Regulation (EC) No 853/2004 and classified accordingly.
The fishmeal used in milk replacers shall comply with general conditions laid set out in Chapter III.]
[F84the words ‘ fishmeal — shall not be used in feed for ruminants except unweaned ruminants ’ shall be clearly indicated on the accompanying commercial document or health certificate referred to in Article 21(2) of Regulation (EC) No 1069/2009, as appropriate, as well as the label of fishmeal intended to be used in milk replacers;
the use of fishmeal for unweaned farmed animals of the ruminant species shall only be authorised for the production of milk replacers, distributed in dry form and administered after dilution in a given quantity of liquid, intended for the feeding of unweaned ruminants as a supplement to, or substitute for, post-colostral milk before weaning is complete;
milk replacers containing fishmeal intended for unweaned farmed animals of the ruminant species shall be produced in establishments which do not produce other compound feed for ruminants and which are authorised for this purpose by the competent authority.
By way of derogation from that special condition, the production of other compound feed for ruminants in establishments which also produce milk replacers containing fishmeal intended for unweaned farmed animals of the ruminant species may be authorised by the competent authority, following an on-site inspection, subject to compliance with the following conditions:
other compound feed destined for ruminants must be kept in facilities that are physically separate from those used for bulk fishmeal and bulk milk replacers containing fishmeal during storage, transport and packaging;
other compound feed destined for ruminants must be manufactured in facilities that are physically separate from facilities where milk replacers containing fishmeal are manufactured;
records detailing the purchases and uses of fishmeal and the sales of milk replacers containing fishmeal must be kept available to the competent authority for a period of at least five years;
regular sampling and analysis of the other compound feed destined for ruminants must be carried out in order to verify the absence of unauthorised constituents of animal origin using the methods of analysis for the determination of constituents of animal origin for the control of feed set out in Annex VI to Regulation (EC) No 152/2009; the frequency of such sampling and analysis shall be determined on the basis of a risk assessment carried out by the operator as part of its procedures based on the HACCP principles; the results must be kept available to the competent authority for a period of at least five years;
before release F130..., importers shall ensure that each consignment of imported milk replacers containing fishmeal is analysed in accordance with methods of analysis for the determination of constituents of animal origin for the control of feed set out in Annex VI to Regulation (EC) No 152/2009 in order to verify the absence of unauthorised constituents of animal origin;
The label of milk replacers containing fishmeal, intended for unweaned farmed animals of the ruminant species, must be clearly marked with the words ‘ contains fishmeal — shall not be fed to ruminants except unweaned ruminants ’ ;
bulk milk replacers containing fishmeal intended for unweaned farmed animals of the ruminant species shall be transported in vehicles and containers and stored in storage facilities which are not used, respectively for the transport or storage of other feed intended for ruminants.
By way of derogation from that special condition, vehicles, containers and storage facilities which will be subsequently used for the transport or storage of other bulk feed intended for ruminants may be used for the transport or storage of bulk milk replacers containing fishmeal intended for unweaned farmed animals of the ruminant species provided that they have been cleaned beforehand in order to avoid cross-contamination in accordance with a documented procedure which has been given prior authorisation by the competent authority. Whenever such a procedure is used, a documented record of such use shall be kept available to the competent authority for a period of at least two years;
on farms where ruminants are kept, on-farm measures shall be in place to prevent milk replacers containing fishmeal being fed to other ruminants than unweaned ruminants. The competent authority shall establish a list of farms where milk replacers containing fishmeal are used through a system of prior notification by the farm or another system thereby ensuring compliance with this specific condition.]
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F130Words in Annex 4 Ch. 4 s. E point (e) omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(29); 2020 c. 1, Sch. 5 para. 1(1)
The following specific conditions shall apply to the production and use of processed animal protein derived from farmed insects and compound feed containing such processed animal protein intended to be used for feeding aquaculture animals:
Processed animal protein derived from farmed insects must:
be produced in processing plants approved in accordance with Article 24(1)(a) of Regulation (EC) No 1069/2009 and dedicated exclusively to the production of products derived from farmed insects; and
be produced in accordance with the requirements laid down in Section 1 of Chapter II of Annex X to Regulation (EU) No 142/2011.
Compound feed containing processed animal protein derived from farmed insects must be produced in establishments authorised for that purpose by the competent authority and which are dedicated exclusively to the production of feed for aquaculture animals.
By way of derogation from that specific condition:
the production of compound feed, containing processed animal protein derived from farmed insects, for aquaculture animals in establishments which also produce compound feed intended for other farmed animals, except fur animals, may be authorised by the competent authority, following an on-site inspection, subject to compliance with the following conditions:
compound feed destined for ruminants must be manufactured and kept, during storage, transport and packaging, in facilities that are physically separate from those facilities where compound feed for non-ruminant animals are manufactured and kept,
compound feed destined for aquaculture animals must be manufactured and kept, during storage, transport and packaging, in facilities that are physically separate from those facilities where compound feed for other non-ruminant animals are manufactured and kept,
records detailing the purchases and uses of processed animal protein derived from farmed insects and the sales of compound feed containing such protein must be kept available to the competent authority for a period of at least five years,
regular sampling and analysis of the compound feed destined for farmed animals other than aquaculture animals in order to verify the absence of unauthorised constituents of animal origin using the methods of analysis for the determination of constituents of animal origin for the control of feed set out in Annex VI to Regulation (EC) No 152/2009; the frequency of such sampling and analysis shall be determined on the basis of a risk assessment carried out by the operator as part of its procedures based on the HACCP principles; the results must be kept available to the competent authority for a period of at least five years;
a specific authorisation for the production of complete feed from compound feed containing processed animal protein derived from farmed insects shall not be required for home compounders that comply with the following conditions:
they are registered by the competent authority as producing complete feed from compound feed containing processed animal protein derived from farmed insects,
they keep only aquaculture animals, and
the compound feed containing processed animal protein derived from farmed insects used in their production contains less than 50 % crude protein.
The accompanying commercial document or health certificate referred to in Article 21(2) of Regulation (EC) No 1069/2009, as appropriate, of processed animal protein derived from farmed insects and the label thereof shall be clearly marked with the following words: ‘ processed insect protein — shall not be used in feed for farmed animals except aquaculture and fur animals ’ .
The following words shall be clearly indicated on the label of compound feed containing processed animal protein derived from insects:
‘contains non-ruminant processed animal protein — shall not be fed to farmed animals except aquaculture and fur animals’ .]
slaughterhouses registered as not slaughtering ruminants in accordance with the first paragraph of point (a) of Section C of Chapter IV, as well as authorised slaughterhouses from which blood produced in accordance with the second, third and fourth paragraphs of point (a) of Section C of Chapter IV can be sourced;
processing plants registered as processing exclusively non-ruminant blood in accordance with the first paragraph of point (c) of Section C of Chapter IV, as well as authorised processing plants producing blood products in accordance with the second, third and fourth paragraph of point (c) of Section C of Chapter IV;
slaughterhouses, cutting plants and other establishments registered as, respectively, not slaughtering ruminants, boning or cutting up ruminant meat, and not handling ruminant products, from which animal by-products intended to be used for the production of processed animal protein derived from non-ruminants in accordance with the first paragraph of point (a) of Section D of Chapter IV can be sourced, as well as authorised slaughterhouses, cutting plants and other establishments, from which animal by-products intended to be used for the production of processed animal protein derived from non-ruminants in accordance with the second, third and fourth paragraphs of point (a) of Section D of Chapter IV can be sourced;
processing plants registered as not processing ruminant animal by-products in accordance with the first paragraph of point (c) of Section D of Chapter IV, as well as authorised processing plants producing processed animal protein derived from non-ruminants which operate in accordance with the second, third and fourth paragraphs of point (c) of Section D of Chapter IV;
authorised compound feed establishments producing, in accordance with Section B of Chapter III, compound feed containing fishmeal, dicalcium and tricalcium phosphate of animal origin, or blood products derived from non-ruminants;
authorised compound feed establishments producing, in accordance with point (d) of Section D of Chapter IV, compound feed containing processed animal protein derived from non-ruminants; as well as authorised compound feed establishments producing, in accordance with point 3(b)(ii) of Section E of Chapter V, exclusively compound feed for export from the Union or compound feed for export from the Union and compound feed for aquaculture animals to be placed on the market;
authorised compound feed establishments producing, in accordance with point (d) of Section E of Chapter IV, milk replacers containing fishmeal intended for unweaned farmed animals of the ruminant species;
authorised compound feed establishments producing, in accordance with point (b) of Section F of Chapter IV, compound feed containing processed animal protein derived from farmed insects;
storage plants authorised in accordance with point 3 of Section A of Chapter III or in accordance with the third paragraph of point 3(d) of Section E of Chapter V.
Textual Amendments
milk, milk-based products, milk-derived products, colostrum and colostrum products;
dicalcium and tricalcium phosphate of animal origin;
hydrolysed proteins derived from ruminant hides and skins;
rendered fat from ruminants with a maximum level of insoluble impurities of 0,15 % in weight and derivatives made from such fat.
Whenever such a procedure is used, a documented record of this use shall be kept available to the competent authority for a period of at least two years.
milk, milk-based products, milk-derived products, colostrum and colostrum products;
dicalcium and tricalcium phosphate of animal origin;
hydrolysed proteins derived from ruminant hides and skins;
rendered fat from ruminants with a maximum level of insoluble impurities of 0,15 % in weight and derivatives made from such fat.
The use and storage of feed materials and compound feed for farmed animals containing products derived from ruminants other than those listed in points (a) to (d) shall be prohibited in farms keeping farmed animals other than fur animals:
milk, milk-based products, milk-derived products, colostrum and colostrum products;
dicalcium and tricalcium phosphate of animal origin;
hydrolysed proteins derived from ruminant hides and skins;
rendered fat from ruminants with a maximum level of insoluble impurities of 0,15 % in weight and derivatives made from such fat.]
The processed animal protein shall be transported in sealed containers, directly from the processing plant of production to the point of exit F132....
[F133The consignment must be accompanied by a duly completed commercial document made available for the time being by the appropriate authority, and the border inspection post of exit must be indicated as the exit point in that document.]
When the consignment arrives at the point of exit, the competent authority at the border inspection post shall verify the seal of each of the containers presented at the border inspection post.
By way of derogation, based on an analysis of the risk, the competent authority at the border inspection post may decide to verify the seal of the container on a random basis.
If the seal verification is not satisfactory, the consignment must either be destroyed or must be re-dispatched to the establishment of origin.
The competent authority at the border inspection post shall inform, via [F134the appropriate computerised information management system] [F135or any replacement system in operation in Great Britain], the competent authority responsible for the establishment of origin of the arrival of the consignment at the point of exit and, where applicable, of the outcome of the verification of the seal and of any corrective action taken.
The competent authority responsible for the establishment of origin shall carry out regular official controls to verify the correct implementation of points (a) and (b) and to verify that, for each consignment of processed animal protein of ruminant origin intended for export, the confirmation of the control carried out at the exit point was received from the competent authority of the border inspection post, through TRACES [F136or any replacement system in operation in Great Britain].
Textual Amendments
F132Words in Annex 4 Ch. 5 s. E point 1(a) omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(32)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F133Annex 4 Ch. 5 s. E point 1(b) substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(22) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
F134Words in Annex 4 Ch. 5 s. E point 1(c) substituted (31.12.2020) by S.I. 2019/170, reg. 2(32)(a)(ii) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(k)(i))
F135Words in Annex 4 Ch. 5 s. E point 1(c) inserted (31.12.2020) by S.I. 2019/170, reg. 2(32)(a)(ii) (as substituted by The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220), regs. 1(2)(b), 5(2)(d)(i)(aa) (as amended by S.I. 2020/1388, regs. 1(2)(a), 22(2)(a)(ii))); 2020 c. 1, Sch. 5 para. 1(1))
F136Words in Annex 4 Ch. 5 s. E point 1(d) inserted (31.12.2020) by S.I. 2019/170, reg. 2(32)(a)(iii) (as substituted by The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220), regs. 1(2)(b), 5(2)(d)(i)(bb) (as amended by S.I. 2020/1388, regs. 1(2)(a), 22(2)(a)(ii))); 2020 c. 1, Sch. 5 para. 1(1))
By way of derogation, that prohibition shall not apply to:
processed petfood containing processed animal protein derived from ruminants which:
has been processed in establishments or plants approved in accordance with Article 24(1)(e) of Regulation (EC) No 1069/2009; and
is packaged and labelled in accordance with [F138EU-derived domestic] legislation.
organic fertilisers or soil improvers, as defined in point 22 of Article 3 of Regulation (EC) No 1069/2009, that contain in their composition processed animal proteins derived from ruminants or a mixture of processed animal proteins from ruminants and non-ruminants provided that:
they do not contain Category 1 material and products derived therefrom or Category 2 material and products derived therefrom, other than manure, as defined in point 20 of Article 3 of Regulation (EC) No 1069/2009, processed in accordance with the rules for placing on the market of processed manure, laid down in Section 2(a), (b), (d) and (e) of Chapter I of Annex XI to Commission Regulation (EU) No 142/2011;
the processed animal proteins contained in the organic fertilisers or soil improvers are in compliance with the specific requirements described in Section 1 of Chapter II of Annex X to Regulation (EU) No 142/2011;
the organic fertilisers or soil improvers may contain other category 3 materials, that have been processed in accordance to:
any of the processing methods 1 to 7 set out in Chapter III of Annex IV to Regulation (EU) No 142/2011, or
the requirements laid down in Section 1 Chapter III of Annex V to Regulation (EU) No 142/2011 in the case of compost or digestion residues from the transformation of animal by-products into biogas, or;
the specific requirements set out in Annex XIII to Regulation (EU) No 142/2011, where such materials may be used for organic fertilisers and soil improvers in accordance to that Regulation.
they have been produced in establishments or plants approved in accordance with Article 24(1)(f) of Regulation (EC) No 1069/2009;
are mixed with a sufficient proportion of a component, authorised by the [F139appropriate authority of the relevant constituent nation] where the organic fertilisers or soil improvers are produced, which renders the product unpalatable to animals or is otherwise effective to prevent misuse of the mixture for feeding purposes. This component is to be mixed with the organic fertilizers or soil improvers in the plant manufacturing them or in a plant registered for this purpose in accordance with point 2 of Section 1 of Chapter II of Annex XI to Regulation (EU) No 142/2011.
If required by the competent authority of the third country of destination, the [F139appropriate authority of the relevant constituent nation] where the organic fertilisers or soil improvers are produced may accept the use of other components or other methods to prevent the use of the organic fertilisers or soil improvers as feed, different than those authorised in [F140the relevant constituent nation], provided that these are not in contradiction with the rules laid down in point 3 of Article 22 and point 3 of Section 1 of Chapter II of Annex XI to Regulation (EU) No 142/2011;
they have been processed to ensure decontamination of pathogens in accordance with point 5 of Section 1 of Chapter II of Annex XI to Regulation (EU) No 142/2011;
they have a label attached to the packaging or container bearing the words ‘ organic fertilisers or soil improvers/no grazing of farmed animals or use of crops as herbage during at least 21 days following application ’ ;
they are exported in compliance with the following conditions:
they shall be transported in sealed containers, directly from the plant manufacturing the organic fertilisers or soil improvers or the registered plant where the component which renders the product unpalatable to animals is added, to the point of exit from the [F141United Kingdom], which shall be a border control post listed in Annex I to Commission Decision 2009/821/EC. Before leaving the [F141United Kingdom], the operator responsible for arranging the transport of the organic fertilisers or soil improvers shall inform the competent authority at that border control post of the arrival of the consignment at the point of exit;
the consignment shall be accompanied by a duly completed commercial document produced according to the model set out in point 6 of Chapter III of Annex VIII to Regulation (EU) No 142/2011 and issued from the integrated computerised veterinary system (TRACES) [F142or any replacement system in place in the United Kingdom, and the border inspection post of exit must be indicated in the relevant Box];
when the consignment arrives at the point of exit, the competent authority at the border control post shall, on a risk basis, verify the seal of the containers presented at the border control post. If the seal is verified and the verification is not satisfactory, the consignment must either be destroyed or must be re-dispatched to the establishment of origin, indicated in box I.12 of the commercial document;
the competent authority at the border control post shall inform, via TRACES [F143or any replacement system in operation in the United Kingdom], the competent authority indicated in box I.4 of the commercial document of the arrival of the consignment at the point of exit and, where applicable, of the outcome of the verification of the seal and of any corrective action taken;
The competent authority responsible for the manufacturing plant of origin or the registered plant where the component which renders the product unpalatable to animals is added shall carry out risk based official controls to verify compliance with the first and second indents and to verify that, for each consignment of organic fertilisers and soil improvers that contain in their composition processed animal proteins derived from ruminants or a mixture of processed animal proteins from ruminants and non-ruminants exported, the confirmation of the control carried out at the exit point was received from the competent authority of the border control post, through TRACES [F143or any replacement system in operation in the United Kingdom].
The conditions set out in points (v), (vii) and (viii) of point 2(b) shall not apply to organic fertilisers or soil improvers which are in ready-to-sell packages of not more than 50 kg in weight for use by the final consumer.]
Textual Amendments
F138Words in Annex 4 Ch. 5 s. E point 2(a)(ii) substituted (31.12.2020) by The Animal Health and Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1229), regs. 1(3), 2(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F139Words in Annex 4 Ch. 5 s. E point 2(b)(v) substituted (31.12.2020) by The Animal Health and Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1229), regs. 1(3), 2(3)(b)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
F140Words in Annex 4 Ch. 5 s. E point 2(b)(v) substituted (31.12.2020) by The Animal Health and Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1229), regs. 1(3), 2(3)(b)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
F141Words in Annex 4 Ch. 5 s. E point 2(viii) substituted (31.12.2020) by The Animal Health and Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1229), regs. 1(3), 2(3)(b)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F137Substituted by Commission Regulation (EU) 2019/1091 of 26 June 2019 amending Annex IV to Regulation (EC) No 999/2001 of the European Parliament and of the Council as regards the requirements for export of products containing processed animal protein derived from ruminants and non-ruminants (Text with EEA relevance).
The processed animal protein derived from non-ruminants shall be produced in processing plants which fulfil the requirements of point (c) of Section D of Chapter IV.
The compound feed containing processed animal protein derived from non-ruminants shall be produced in compound feed establishments which:
produce in accordance with point (d) of Section D of Chapter IV; or
source the processed animal protein used in compound feed destined for export in processing plants that comply with point (a) and, either:
are dedicated exclusively to the production of compound feed for export F144... and are authorised for that purpose by the competent authority, or
are dedicated exclusively to the production of compound feed for export F144... and to the production of compound feed for aquaculture animals to be placed on the market F145..., and authorised for that purpose by the competent authority.
The compound feed containing processed animal protein derived from non-ruminants shall be packaged and labelled in accordance with [F146retained EU law] or with the legal requirements of the importing country. Where the compound feed containing processed animal protein derived from non-ruminants is not labelled in accordance with [F146retained EU law], the following words shall be indicated on the labelling: ‘ contains non-ruminant processed animal protein ’ .
Bulk processed animal protein derived from non-ruminants and bulk compound feed containing such protein, and intended for export F147..., shall be transported in vehicles and containers and stored in storage facilities which are not used, respectively, for the transport or storage of feed for placing on market and intended for feeding to ruminants or non-ruminant farmed animals other than aquaculture animals. Records detailing the type of products that were transported or stored shall be kept available to the competent authority for a period of at least two years.
By way of derogation from the first paragraph, vehicles, containers and storage facilities which have been previously used for the transport or storage of bulk processed animal protein derived from non-ruminants and bulk compound feed containing such protein, and intended for export F147..., may be subsequently used for the transport or storage of feed for placing on the market and intended for feeding to ruminants or non-ruminant farmed animals other than aquaculture animals, provided that they are cleaned beforehand in order to avoid cross-contamination, in accordance with a documented procedure which has been given prior authorisation by the competent authority. Whenever such a procedure is used, a documented record of such use shall be kept available to the competent authority for a period of at least two years.
Storage plants storing bulk processed animal protein derived from non-ruminants and bulk compound feed containing such protein under the conditions set out in the second paragraph of point (d) shall be authorised by the competent authority based on verification of their compliance with the requirements listed in that paragraph.
Textual Amendments
F144Words in Annex 4 Ch. 5 s. E point 3(b)(ii) omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(32)(b)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
F145Words in Annex 4 Ch. V s. E point 3(b)(ii) omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(32)(b)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
F146Words in Annex 4 Ch. 5 s. E point 3(c) substituted (31.12.2020) by The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(32)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F147Words in Annex 4 Ch. 5 s. E point 3(d) omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(32)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)
petfood which contains processed animal protein derived from non-ruminants and which has been processed in petfood establishments approved in accordance with Article 24 of Regulation (EC) No 1069/2009 and which is packaged and labelled in accordance with Union legislation;
fishmeal, provided that it is produced in accordance with this Annex;
processed animal protein derived from farmed insects, provided that it is produced in accordance with this Annex;
compound feed containing no other processed animal protein than fishmeal and processed animal protein derived from farmed insects, provided that it is produced in accordance with this Annex;
processed animal protein derived from non-ruminants destined for the manufacturing of petfood or of organic fertilisers and soil improvers in the F148... country of destination, provided that, before export, the exporter ensures that each consignment of processed animal protein is analysed in accordance with the method of analysis set out in point 2.2 of Annex VI to Regulation (EC) No 152/2009 in order to verify the absence of constituents of ruminant origin.
Textual Amendments
F148Word in Annex 4 Ch. 5 s. E point 4(e) omitted (31.12.2020) by S.I. 2019/170, reg. 2(32)(c) (as substituted by The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220), regs. 1(2)(b), 5(2)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1))
the requirements set out in points 2(b)(i), (ii), (iii), (iv), (v), (vi) and (vii) of this section shall apply. The conditions set out in points 2(b)(v) and (vii) shall not apply to organic fertilisers or soil improvers which are in ready-to-sell packages of not more than 50 kg in weight for use by the final consumer.
the processed animal protein derived from non-ruminants contained in them shall be produced in processing plants which fulfil the requirements point (c) of Section D of Chapter IV, and are listed in accordance with point 1(d) of Section A of Chapter V.
they have been produced in establishments or plants that are dedicated exclusively to processing non-ruminant organic fertilisers or soil improvers.
By way of derogation from this specific condition, the competent authority may authorise the export of organic fertilisers or soil improvers referred to in this point produced in establishments or plants processing organic fertilisers or soil improvers containing ruminant material, if effective measures to prevent cross contamination between organic fertilisers or soil improvers containing only non-ruminant material and organic fertilisers or soil improvers containing ruminant material are implemented;
they are transported to the point of exit from the [F150United Kingdom] in new packaging material, or in bulk containers which are not used for the transport of materials of ruminant origin or that have been cleaned beforehand in order to avoid cross-contamination in accordance with a documented procedure which has been given prior authorisation by the competent authority.
The conditions set out in points (c) and (d) of point 5 shall not apply to organic fertilisers or soil improvers which are in ready-to-sell packages of not more than 50 kg in weight for use by the final consumer.]]
Textual Amendments
F150Words in Annex 4 Ch. 5 s. E point 5(d) substituted (31.12.2020) by The Animal Health and Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1229), regs. 1(3), 2(4); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F149Inserted by Commission Regulation (EU) 2019/1091 of 26 June 2019 amending Annex IV to Regulation (EC) No 999/2001 of the European Parliament and of the Council as regards the requirements for export of products containing processed animal protein derived from ruminants and non-ruminants (Text with EEA relevance).
If the competence is considered unsatisfactory, a retraining of the laboratory staff shall be undertaken by the laboratory as the minimal corrective measure, prior to carrying out further analyses.]
The following tissues shall be designated as specified risk material if they come from animals whose origin is in a [F151country or a] region with a controlled or undetermined BSE risk:
Textual Amendments
F151Words in Annex 5 point 1(b) substituted (31.12.2020) by S.I. 2019/170, reg. 2(34)(a) (as substituted by The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220), regs. 1(2)(b), 5(2)(e); 2020 c. 1, Sch. 5 para. 1(1))
as regards bovine animals:
the skull excluding the mandible and including the brain and eyes, and the spinal cord of animals aged over 12 months;
[F152the vertebral column excluding the vertebrae of the tail, the spinous and transverse processes of the cervical, thoracic and lumbar vertebrae and the median sacral crest and wings of the sacrum, but including the dorsal root ganglia, of animals aged over 30 months; and]
[F153the tonsils, the last four meters of the small intestine, the caecum and the mesentery of animals of all ages.]
Textual Amendments
F152Substituted by Commission Regulation (EC) No 357/2008 of 22 April 2008 amending Annex V to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (Text with EEA relevance).
F153Substituted by Commission Regulation (EU) 2015/728 of 6 May 2015 amending the definition of specified risk material set out in Annex V to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (Text with EEA relevance).
F154Substituted by Commission Regulation (EU) 2018/969 of 9 July 2018 amending Annex V to Regulation (EC) No 999/2001 of the European Parliament and of the Council as regards the requirements for the removal of specified risk materials from small ruminants (Text with EEA relevance).
F155Words in Annex 5 point 1 substituted (31.12.2020) by S.I. 2019/170, reg. 2(34)(b) (as substituted by The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220), regs. 1(2)(b), 5(2)(e); 2020 c. 1, Sch. 5 para. 1(1))
Tissues listed in point 1.(a)(i) and 1.(b), which are derived from animals whose origin is in [F158a country] with a negligible BSE risk, shall be considered as specified risk material.]
Textual Amendments
Textual Amendments
F156Substituted by Commission Regulation (EU) 2015/1162 of 15 July 2015 amending Annex V to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (Text with EEA relevance).
Specified risk material shall be stained with a dye or, as appropriate, otherwise marked, immediately on removal, and disposed of in accordance with the rules laid down in Regulation (EC) No 1069/2009, and in particular in Article 12 thereof.
slaughterhouses, or, as appropriate, other places of slaughter;
cutting plants, in the case of vertebral column of bovine animals;
where appropriate, in approved establishments or plants referred to in Article 24(1)(h) of Regulation (EC) No 1069/2009.
the alternative tests must be carried out in slaughterhouses on all animals eligible for the removal of specified risk material;
no bovine, ovine or caprine product intended for human consumption or animal feed may leave the slaughterhouse before the competent authority has received and accepted the results of the alternative tests on all slaughtered animals potentially contaminated if BSE has been confirmed in one of them;
when an alternative test gives a positive result, all bovine, ovine and caprine material which has been potentially contaminated in the slaughterhouse must be destroyed in accordance with point 3, unless all parts of the body including the hide of the affected animal can be identified and kept separate.
the removal of the spinal cord of ovine and caprine animals in cutting plants specifically authorised for that purpose;
the removal of the vertebral column of bovine animals from carcasses or parts of carcasses in butcher shops specifically authorised, monitored and registered for that purpose;
the harvesting of head meat from bovine animals in cutting plants specifically authorised for that purpose in accordance with point 9.
Textual Amendments
F160... By way of derogation from Article 9(3), it shall be prohibited F161... to use bones or bone-in cuts of bovine, ovine and caprine animals for the production of mechanically separated meat.
Textual Amendments
F160Words in Annex 5 point 5 omitted (31.12.2020) by virtue of S.I. 2019/170, reg. 2(37)(a) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(l))
F161Words in Annex 5 point 5 omitted (31.12.2020) by virtue of S.I. 2019/170, reg. 2(37)(b) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(l))
In addition to the prohibition laid down in Article 8(3) against the use, in [F162parts of the United Kingdom] with a controlled or undetermined BSE risk, of laceration, after stunning, of central nervous tissue by means of an elongated rod-shaped instrument introduced into the cranial cavity, or by means of gas injection into the cranial cavity, in bovine, ovine or caprine animals whose meat is intended for human or animal consumption, that prohibition shall also be applicable in [F163parts of the United Kingdom] with a negligible BSE risk.
Textual Amendments
The tongues of bovine animals of all ages intended for human or animal consumption shall be harvested at the slaughterhouse by a transverse cut rostral to the lingual process of the basihyoid bone, except for tongues of bovine animals whose origin is in [F164parts of the United Kingdom] with a negligible BSE risk.]
Textual Amendments
harvesting shall take place in a dedicated area, physically separated from the other parts of the slaughterline;
where the heads are removed from the conveyor or hooks before harvesting the head meat, the frontal shot hole and foramen magnum shall be sealed with an impermeable and durable stopper. Where the brainstem is sampled for laboratory testing for BSE, the foramen magnum shall be sealed immediately after that sampling;
head meat shall not be harvested from heads where the eyes are damaged or lost immediately prior to, or after slaughter, or which are otherwise damaged in a way which might result in contamination of the head with central nervous tissue;
head meat shall not be harvested from heads which have not been properly sealed in accordance with the second indent;
without prejudice to general rules on hygiene, specific working instructions shall be in place to prevent contamination of the head meat during the harvesting, in particular in the case when the seal referred to in the second indent is lost or the eyes damaged during the activity:
a sampling plan using an appropriate laboratory test to detect central nervous system tissue shall be in place to verify that the measures to reduce contamination are properly implemented.
Textual Amendments
F165Words in Annex 5 point 8.2 substituted (31.12.2020) by The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(40)(a); 2020 c. 1, Sch. 5 para. 1(1)
F166Words in Annex 5 point 8.2 omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(40)(b) (as amended by S.I. 2019/1220, regs. 1(2)(b), 5(2)(f)); 2020 c. 1, Sch. 5 para. 1(1)
By way of derogation from point 8, [F167nothing in this Regulation prevents the appropriate authority from deciding] to allow the harvesting of head meat from bovine in cutting plants specifically authorised for this purpose and provided that the following conditions are complied with:
Textual Amendments
the heads intended for transport to the cutting plant shall be suspended on a rack during the storing period and the transport from the slaughterhouse to the cutting plant;
the frontal shot hole and the foramen magnum shall be properly sealed with an impermeable and durable stopper before being moved from the conveyor or hooks to the racks. Where the brainstem is sampled for laboratory testing for BSE, the foramen magnum shall be sealed immediately after that sampling;
the heads which have not been properly sealed in accordance with point (b), where the eyes are damaged or lost immediately prior to or after slaughter or which were otherwise damaged in a way which might result in contamination of the head meat with central nervous tissue shall be excluded from transport to the specifically authorised cutting plants;
a sampling plan for the slaughterhouse using an appropriate laboratory test to detect central nervous system tissue shall be in place to verify the proper implementation of the measures to reduce contamination;
the harvesting of head meat shall be carried out in accordance with a control system, recognized by the competent authority, to ensure the prevention of possible contamination of head meat. The system shall include at least:
all heads shall be visually checked for signs of contamination or damage and proper sealing before the harvesting of the head meat begins;
head meat shall not be harvested from heads which have not been properly sealed, where the eyes are damaged or which were otherwise damaged in a way which might result in contamination of the head meat with central nervous tissue. Head meat shall also not be harvested from any head where contamination from such heads is suspected;
without prejudice to general rules on hygiene, specific working instructions shall be in place to prevent contamination of the head meat during transport and harvesting, in particular where the seal is lost or the eyes damaged during the activity;
a sampling plan for the cutting plant using an appropriate laboratory test to detect central nervous system tissue shall be in place to verify that the measures to reduce contamination are properly implemented.
Textual Amendments
Textual Amendments
F170Words in Annex 5 point 10.2 substituted (31.12.2020) by S.I. 2019/170, regs. 1, 2(42)(b) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(m)); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
Textual Amendments
Textual Amendments
F174...
From 1 July 2017 , when the removal of the vertebral column is required, carcasses or wholesale cuts of carcasses of bovine animals containing vertebral column shall be identified by a clearly visible red stripe on the label [F175made available or published for the time being by the appropriate authority.]
Where applicable, specific information on the number of bovine carcasses or wholesale cuts of carcasses, from which the removal of the vertebral column is required, shall be added on the commercial document relating to consignments of meat. Where applicable, that specific information shall be added to the Common Veterinary Entry Document (CVED) referred to in Article 2(1) of Commission Regulation (EC) No 136/2004 (27) in the case of imports.
Butcher shops shall keep, for at least one year, the commercial documents referred to in (b).]]
Textual Amendments
F174Words in Annex 5 point 11.3(a) omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(43)(b); 2020 c. 1, Sch. 5 para. 1(1)
F175Words in Annex 5 point 11.3 substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(23) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
If a TSE is suspected in an ovine or caprine animal on a holding F176... and until the results of the confirmatory examinations are available, all other ovine and caprine animals on that holding shall be placed under an official movement restriction.
Textual Amendments
F176Words in Annex 7 Ch. A omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(45)(a); 2020 c. 1, Sch. 5 para. 1(1)
If there is evidence that the holding where the animal was present when the TSE was suspected is unlikely to be the holding where the animal could have been exposed to the TSE, the [F177appropriate authority] may decide that other holdings or only the holding of exposure shall be placed under official control, depending on the epidemiological information available.
Textual Amendments
The milk and the milk products derived from the ovine and caprine animals of a holding placed under official control, which are present on that holding from the date when the presence of the TSE is suspected until the results of the confirmatory examinations are available, shall only be used within that holding.
in the case of bovine animals:
all other ruminants on the holding of the animal in which the disease was confirmed,
where the disease was confirmed in a female animal, its progeny born within a period of two years prior to, or after, the clinical onset of the disease,
all animals of the cohort of the animal in which the disease was confirmed,
the possible origin of the disease,
other animals on the holding of the animal in which the disease was confirmed or on other holdings which may have become infected by the TSE agent or been exposed to the same feed or contamination source,
the movement of potentially contaminated feedingstuffs, of other material or any other means of transmission, which may have transmitted the TSE agent to or from the holding in question;
in the case of ovine and caprine animals:
all ruminants other than ovine and caprine animals on the holding of the animal in which the disease was confirmed,
insofar as they are identifiable, the parents, and in the case of females all embryos, ova and the last progeny of the female animal in which the disease was confirmed,
all other ovine and caprine animals on the holding of the animal in which the disease was confirmed in addition to those referred to in the second indent,
the possible origin of the disease and the identification of other holdings on which there are animals, embryos or ova which may have become infected by the TSE agent or been exposed to the same feed or contamination source,
the movement of potentially contaminated feedingstuffs, other material or any other means of transmission, which may have transmitted the TSE agent to or from the holding in question.
In the case of confirmation of BSE in a bovine animal, the killing and complete destruction of bovine animals identified by the inquiry referred to in the second and third indents of point 1(a); however, the [F178appropriate authority] may decide:
not to kill and destroy animals of the cohort referred to in the third indent of point 1(a) if evidence has been provided that such animals did not have access to the same feed as the affected animal,
to defer the killing and destruction of animals of the cohort referred to in the third indent of point 1(a) until the end of their productive life, provided that they are bulls continuously kept at a semen collection centre and it can be ensured that they are completely destroyed following death.
In the case of confirmation of TSE in an ovine or caprine animal:
In cases where BSE cannot be excluded
[F90If BSE cannot be excluded after the results of the secondary molecular testing carried out in accordance with the methods and protocols set out in Annex X, Chapter C, point 3.2(c) (ii), the killing and complete destruction, without delay, of all animals, embryos and ova identified by the inquiry referred to in the second to fifth indents of point 1(b).]
The animals over 18 months of age killed for destruction shall be tested for the presence of TSE in accordance with the laboratory methods and protocols set out in Annex X, Chapter C, Part 3, point 3.2, as laid down in Annex III, Chapter A, Part II, point 5.
The prion protein genotype of all ovine animals, up to a maximum of 50, shall be determined.
The milk and the milk products derived from the animals to be destroyed, which were present on the holding between the date of confirmation that BSE cannot be excluded and the date of complete destruction of the animals, shall be disposed of in accordance with Article 12 of Regulation (EC) No 1069/2009 of the European Parliament and of the Council (28) .
Following the killing and complete destruction of all animals, the conditions set out in point 3 shall apply to the holding.
In cases where BSE and atypical scrapie can be excluded
[F80If BSE and atypical scrapie are excluded in accordance with the laboratory methods and protocols set out in Annex X, Chapter C, Part 3, point 3.2, the holding shall be subject to the conditions set out in point (a). In addition, pursuant to the decision of the [F179appropriate authority] responsible for the holding, the holding shall be subject to the conditions of either option 1 set out in point (b), or option 2 set out in point (c), or option 3 set out in point (d). In case of a holding with a mixed ovine and caprine flock, the Member State responsible for the holding may decide to apply the conditions of one of the options to the ovine animals of the holding and a different option to the caprine animals of the holding:]
The milk and milk products derived from the animals to be destroyed or slaughtered and which were present on the holding between the date of confirmation of the case of TSE and the date of the completion of the measures to be applied in the holding as laid down in point (b) and (c), or derived from the infected flock/herd until all the restrictions laid down in point (d) and point 4 are lifted, shall not be used for the feeding of ruminants, except for the feeding of ruminants within that holding.
The placing on the market of such milk and milk products as feed for non-ruminants shall be limited to the [F180Great Britain].
The commercial document accompanying consignments of such milk and milk products and any packaging containing such consignments shall be clearly marked with the words: ‘ shall not be fed to ruminants ’ .
The use and the storage of feedingstuffs containing such milk and milk products shall be prohibited on holdings where ruminants are kept.
Bulk feedingstuffs containing such milk and milk products shall be transported by means of vehicles which do not transport feedingstuffs for ruminants at the same time.
If those vehicles are subsequently used for the transport of feedingstuffs intended for ruminants, they shall be thoroughly cleaned in order to avoid cross- contamination, in accordance with a procedure approved by the [F181appropriate authority] responsible for the holding.
Option 1 — killing and complete destruction of all animals
The killing and complete destruction, without delay, of all animals, embryos and ova identified by the inquiry referred to in the second and third indents of point 1(b).
The animals over 18 months of age killed for destruction shall be tested for the presence of TSE in accordance with the laboratory methods and protocols set out in Annex X, Chapter C, Part 3, point 3.2, as laid down in Annex III, Chapter A, Part II, point 5.
The prion protein genotype of all ovine animals, up to a maximum of 50, shall be determined.
By way of derogation from the conditions set out in the first paragraph of option 1, [F182nothing in this Regulation prevents the appropriate authority from deciding] instead to carry out the measures listed in (i) or (ii):
to replace the killing and complete destruction of all animals, without delay, by their slaughtering for human consumption, without delay, provided that:
the animals are slaughtered for human consumption within the [F183Great Britain];
all animals which are over 18 months of age slaughtered for human consumption shall be tested for the presence of TSE in accordance with the laboratory methods and protocols set out in Annex X, Chapter C, Part 3, point 3.2.
to exempt the lambs and kids less than three months old from killing and complete destruction without delay, provided that they are slaughtered for human consumption not later than when they are three months of age.
[F80Movement of animals mentioned in points (i) and (ii) from the holding to the slaughterhouse shall be allowed.]
Following the killing and complete destruction or slaughtering for human consumption of all animals the conditions set out in point 3 shall apply to the holding where it has been decided to apply option 1.
[F80Option 2 – killing and complete destruction of the susceptible animals only
The prion protein genotyping of all ovine and caprine animals present in the holding, except lambs and kids less than three months old provided that they are slaughtered for human consumption not later than when they are three months of age.
Killing and complete destruction, without delay, of all ovine and/or caprine animals, embryos and ova identified by the inquiry referred to in the second and third indents of point 1(b), with the exception of:
breeding rams of the ARR/ARR genotype,
breeding ewes carrying at least one ARR allele and no VRQ allele and, where such breeding ewes are pregnant at the time of the inquiry, the lambs subsequently born, if their genotype meets the requirements of this subparagraph,
ovine animals carrying at least one ARR allele which are intended solely for human consumption,
caprine animals carrying at least one of the following alleles: K222, D146 and S146,
if the [F184appropriate authority] responsible for the holding so decides, lambs and kids less than three months old provided that they are slaughtered for human consumption not later than when they are three months of age.
The animals over 18 months of age killed for destruction, shall be tested for the presence of TSE in accordance with the laboratory methods and protocols set out in Annex X, Chapter C, Part 3, point 3.2, as laid down in Annex III, Chapter A, Part II, point 5.
[F185Nothing in this Regulation prevents the appropriate authority from deciding] instead to carry out the measures listed in (i), (ii) or (iii):
to replace the killing and complete destruction of the animals referred to in the second paragraph of option 2 by their slaughtering for human consumption, provided that:
the animals are slaughtered for human consumption within the territory of the [F186appropriate authority] responsible for the holding,
all animals over 18 months of age slaughtered for human consumption shall be tested for the presence of TSE in accordance with the laboratory methods and protocols set out in Annex X, Chapter C, Part 3, point 3.2;
to delay the genotyping and subsequent killing and complete destruction or slaughtering for human consumption of the animals referred to in the second paragraph of option 2, for a period not exceeding three months. This [F187action] can be applied in situations where the index case is confirmed close to the commencement of the lambing and/or kidding season, provided that the ewes and/or goats and their new-born are kept isolated from ovine and/or caprine animals of other holdings during the whole period;
to delay the killing and complete destruction or slaughtering for human consumption of the animals referred to in the second paragraph of option 2 for a maximum period of three years from the date of confirmation of the index case, in ovine or caprine flocks and holdings where ovine and caprine animals are kept together. [F188Such action shall be limited to cases where the appropriate authority] responsible for the holding considers that the epidemiological situation cannot be handled without killing the relevant animals, but that this cannot be carried out immediately due to the low level of resistance in the ovine and caprine population of the holding, coupled with other considerations, including economic factors. Breeding rams other than those of the ARR/ARR genotype shall be killed or castrated without delay. All possible measures to quickly build up genetic resistance in the ovine and/or caprine population of the holding shall be implemented, including reasoned breeding and culling of ewes to increase the frequency of the ARR allele and eliminate the VRQ allele, and the breeding of bucks carrying the K222, D146 or S146 alleles. The [F189appropriate authority] responsible for the holding shall ensure that the number of animals to be killed at the end of the period of delay is not greater than immediately after the index case was confirmed. [F190Where such action is taken], the measures set out in point 4 shall apply to the holding until the complete destruction or slaughtering for human consumption of the animals referred to in the second paragraph of option 2, after which the restrictions laid down in point 3 shall be applicable.
Following the killing and complete destruction or slaughtering for human consumption of the animals referred to in the second paragraph of option 2, the conditions set out in point 3 shall apply to the holding.]
[F80Option 3 – no mandatory killing and complete destruction of animals
A Member State may decide not to kill and completely destroy the animals identified by the inquiry referred to in the second and third indents of point 1(b) where the criteria laid down in at least one of the following four indents are met:
it is difficult to obtain replacement male ovine animals of the ARR/ARR genotype and female ovine animals carrying at least one ARR allele and no VRQ allele, or caprine animals carrying at least one of the following alleles: K222, D146 and S146,
the frequency of the ARR allele within the ovine breed or holding or the K222, D146 or S146 alleles within the caprine breed or holding is low,
it is deemed necessary in order to avoid inbreeding,
it is deemed necessary by the [F191appropriate authority] based on a reasoned consideration of all the epidemiological factors.
The prion protein genotype of all ovine and caprine animals, up to a maximum of 50 of each species, shall be determined within a period of three months from the date of confirmation of the index case of classical scrapie.
When additional classical scrapie cases are detected in a holding where option 3 is being applied, the relevance of the reasons and criteria founding the decision to apply option 3 to this holding shall be reassessed by the [F192appropriate authority]. If it is concluded that applying option 3 does not ensure a proper control of the outbreak, the [F192appropriate authority] shall switch the management of this holding from option 3 to either option 1 or option 2 as laid down in points (b) and (c).
The conditions set out in point 4 shall immediately apply to a holding where it has been decided to apply option 3.
[F193Any appropriate authority] allowing recourse to option 3 in the management of classical scrapie outbreaks shall keep records of the reasons and criteria founding each individual application decision.]
In cases where atypical scrapie is confirmed
Where the TSE case confirmed on a holding is an atypical scrapie case, the holding shall be subject to the following intensified TSE monitoring protocol for a period of two years from the date of the detection of the last atypical scrapie case: all ovine and caprine animals which are over the age of 18 months and slaughtered for human consumption and all ovine and caprine animals over the age of 18 months which have died or been killed on the holding shall be tested for the presence of TSE in accordance with the laboratory methods and protocols set out in Annex X, Chapter C, Part 3, point 3.2.
If a case of TSE other than atypical scrapie is confirmed during the intensified TSE monitoring period of two years referred to in the first paragraph, the holding shall be subject to the measures referred to in point 2.2.1 or point 2.2.2.
If an animal infected with TSE has been introduced from another holding:
[F194the appropriate authority] may decide, based on the history of the infected animal, to apply eradication measures in the holding of origin in addition to, or instead of, the holding in which the infection was confirmed;
in the case of land used for common grazing by more than one flock or herd, [F195the appropriate authority] may decide to limit the application of eradication measures to a single flock or herd, based on a reasoned consideration of all the epidemiological factors;
where more than one flock or herd is kept on a single holding, [F196the appropriate authority] may decide to limit the application of the eradication measures to the flock or herd in which the TSE has been confirmed, provided it has been verified that the flocks or herds have been kept isolated from each other and that the spread of infection between the flocks or herds through either direct or indirect contact is unlikely.
Textual Amendments
F178Words in Annex 7 Ch. B point 2.1 substituted (31.12.2020) by The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(47); 2020 c. 1, Sch. 5 para. 1(1)
F179Words in Annex 7 Ch. B point 2.2.2 substituted (31.12.2020) by The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(48)(a); 2020 c. 1, Sch. 5 para. 1(1)
F180Words in Annex 7 Ch. B point 2.2.2(a) substituted (31.12.2020) by S.I. 2019/170, regs. 1, 2(48)(b)(i) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(n)(i)); 2020 c. 1, Sch. 5 para. 1(1)
F181Words in Annex 7 Ch. B point 2.2.2(a) substituted (31.12.2020) by The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(48)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F182Words in Annex 7 Ch. B point 2.2.2(b) substituted (31.12.2020) by The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(48)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F183Words in Annex 7 Ch. B point 2.2.2(b) substituted (31.12.2020) by S.I. 2019/170, regs. 1, 2(48)(c)(ii) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(n)(i)); 2020 c. 1, Sch. 5 para. 1(1)
F184Words in Annex 7 Ch. B point 2.2.2(c) substituted (31.12.2020) by S.I. 2019/170, reg. 2(48)(d)(i) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(n)(ii))
F185Words in Annex 7 Ch. B point 2.2.2(c) substituted (31.12.2020) by S.I. 2019/170, reg. 2(48)(d)(ii) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(n)(ii))
F186Words in Annex 7 Ch. B point 2.2.2(c)(i) substituted (31.12.2020) by S.I. 2019/170, reg. 2(48)(d)(iii) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(n)(ii))
F187Word in Annex 7 Ch. B point 2.2.2(c)(ii) substituted (31.12.2020) by S.I. 2019/170, reg. 2(48)(d)(iv) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(n)(ii))
F188Words in Annex 7 Ch. B point 2.2.2(c)(iii) substituted (31.12.2020) by S.I. 2019/170, reg. 2(48)(d)(v)(aa) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(n)(ii))
F189Words in Annex 7 Ch. B point 2.2.2(c)(iii) substituted (31.12.2020) by S.I. 2019/170, reg. 2(48)(d)(v)(bb) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(n)(ii))
F190Words in Annex 7 Ch. B point 2.2.2(c)(iii) substituted (31.12.2020) by S.I. 2019/170, reg. 2(48)(d)(v)(cc) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(n)(ii))
F191Words in Annex 7 Ch. B point 2.2.2(d) substituted (31.12.2020) by S.I. 2019/170, reg. 2(48)(e)(i) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(n)(iii))
F192Words in Annex 7 Ch. B point 2.2.2(d) substituted (31.12.2020) by S.I. 2019/170, reg. 2(48)(e)(ii) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(n)(iii))
F193Words in Annex 7 Ch. B point 2.2.2(d) substituted (31.12.2020) by S.I. 2019/170, reg. 2(48)(e)(iii) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(n)(iii))
F194Words in Annex 7 Ch. B point 2.3(a) substituted (31.12.2020) by The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(49)(a); 2020 c. 1, Sch. 5 para. 1(1)
The holding shall be subject to an intensified TSE monitoring protocol. This shall include the testing for the presence of TSE in animals over the age of 18 months, which have died or have been killed in the holding but not in the framework of a disease eradication campaign. Ovine animals of the ARR/ARR genotype and caprine animals carrying at least one of the K222, D146 or S146 alleles are exempt. Testing shall be carried out in accordance with the laboratory methods and protocols set out in Annex X, Chapter C, Part 3, point 3.2.
Only the following animals may be introduced to the holding:
male ovine animals of the ARR/ARR genotype,
female ovine animals carrying at least one ARR allele and no VRQ allele,
caprine animals provided that a cleaning and disinfection of all animal housing on the premises has been carried out following destocking.
Only the following breeding rams, breeding bucks and ovine and caprine germinal products may be used in the holding:
male ovine animals of the ARR/ARR genotype,
semen from rams of the ARR/ARR genotype,
embryos carrying at least one ARR allele and no VRQ allele,
breeding bucks and caprine germinal products as defined in the measures decided by the [F197appropriate authority] to build up genetic resistance in the caprine population of the holding.
Movements of animals from the holding shall either be allowed for the purposes of destruction or shall be subject to the following conditions:
the following animals may be moved from the holding for all purposes, including breeding:
ARR/ARR ovine animals,
ewes carrying one ARR allele and no VRQ allele, provided that they are moved to other holdings which are restricted following the application of measures in accordance with points 2.2.2(b) (option 1), 2.2.2(c) (option 2), or 2.2.2(d) (option 3),
caprine animals carrying at least one of the following alleles: K222, D146 and S146,
caprine animals provided that they are moved to other holdings which are restricted following the application of measures in accordance with points 2.2.2(b) (option 1), 2.2.2(c) (option 2) or 2.2.2(d) (option 3);
the following animals may be moved from the holding to go directly for slaughter for human consumption:
ovine animals carrying at least one ARR allele,
caprine animals,
if the [F198appropriate authority] so decides, lambs and kids less than three months old on the date of slaughter,
all animals when the [F198appropriate authority] has decided to apply the derogations laid down in points 2.2.2(b)(i) and 2.2.2(c)(i);
if the [F199appropriate authority] so decides, lambs and kids may be moved to one other holding located within its territory solely for the purposes of fattening prior to slaughter subject to compliance with the following conditions:
the holding of destination does not contain any ovine or caprine animals other than those being fattened prior to slaughter,
at the end of the fattening period, the lambs and kids originating from the holdings subject to the eradication measures shall be transported directly to a slaughterhouse located within [F200Great Britain] to be slaughtered not later than when they are 12 months of age.
The restrictions set out in points 3.1 to 3.4 shall continue to apply to the holding:
until the date of attainment of ARR/ARR status by all ovine animals in the holding, provided that no caprine animals are kept on the holding; or
until the date all caprine animals on the holding carry at least one of the K222, D146 or S146 alleles, provided that no ovine animals are kept on the holding; or
until the date of attainment of ARR/ARR status by all ovine animals on the holding and all caprine animals on the holding carry at least one of the K222, D146 or S146 alleles; or
for a period of two years from the date when all the measures referred to in point 2.2.1, point 2.2.2(b), or point 2.2.2(c) have been completed, provided that no TSE case other than atypical scrapie is detected during this two-year period. If a case of atypical scrapie is confirmed during this two-year period the holding shall also be subject to the measures referred to in point 2.2.3.]
Textual Amendments
F197Words in Annex 7 Ch. B point 3.3 substituted (31.12.2020) by S.I. 2019/170, reg. 2(49A) (as inserted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(o))
F198Words in Annex 7 Ch. B point 3.4(b) substituted (31.12.2020) by The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(50)(a); 2020 c. 1, Sch. 5 para. 1(1)
F199Words in Annex 7 Ch. B point 3.4(c) substituted (31.12.2020) by The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(50)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F200Words in Annex 7 Ch. B point 3.4(c) substituted (31.12.2020) by S.I. 2019/170, regs. 1, 2(50)(b)(ii) (as amended by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(p)); 2020 c. 1, Sch. 5 para. 1(1)
The holding shall be subject to an intensified TSE monitoring protocol. This shall include the testing for the presence of TSE in animals over the age of 18 months which:
have been slaughtered for human consumption,
have died or been killed on the holding but not in the framework of a disease eradication campaign.
Ovine animals of the ARR/ARR genotype and caprine animals carrying at least one of the K222, D146 or S146 alleles are exempt. Testing shall be carried out in accordance with the laboratory methods and protocols set out in Annex X, Chapter C, Part 3, point 3.2.
The conditions set out in points 3.2 and 3.3 shall apply.
[F201Nothing in this Regulation prevents the appropriate authority from deciding that instead of the measures in points 3.2 and 3.3 the authority may decide to] allow the introduction and use in the holding of
male ovine animals and their semen carrying at least one ARR allele and no VRQ allele including for breeding,
female ovine animals carrying no VRQ allele,
embryos carrying no VRQ allele,
subject to compliance with the following conditions:
the breed of the animal kept on the holding is an endangered breed,
the breed of the animal kept on the holding is subject to a breeding programme aiming at the preservation of the breed carried out by a breed society as defined in Article 2(5) of Regulation (EU) 2016/1012 or a competent authority in accordance with Article 38 of that Regulation, and
the frequency of the ARR allele within that breed is low.
Movement of animals from the holding shall be allowed for the purposes of destruction or to go directly for slaughter for human consumption or shall be subject to the following conditions:
rams and ewes of the ARR/ARR genotype and caprine animals carrying at least one of the K222, D146 or S146 alleles, may be moved from the holding for all purposes, including breeding, provided that they are moved to other holdings which are subject to the application of measures in accordance with points 2.2.2(c) (option 2) or 2.2.2(d) (option 3);
if the [F202appropriate authority] so decides, lambs and kids may be moved to one other holding located within its territory solely for the purposes of fattening prior to slaughter subject to compliance with the following conditions:
the holding of destination does not contain any ovine or caprine animals other than those being fattened prior to slaughter,
at the end of the fattening period, the lambs and kids shall be transported directly to a slaughterhouse located within the [F203United Kingdom] to be slaughtered not later than when they are 12 months of age.
The [F204appropriate authority] shall ensure that no semen, embryo and ova are dispatched from the holding.
Common grazing of all ovine and caprine animals in the holding with ovine and caprine animals of other holdings shall be prohibited during the lambing and/or kidding period.
Outside of the lambing and/or kidding period, common grazing shall be subject to restrictions to be determined by the Member State, based on a reasoned consideration of all the epidemiological factors.
The restrictions set out in points 4.1 to 4.5 shall apply for a period of two years following the detection of the last TSE case, other than atypical scrapie, on the holdings where option 3 laid down in point 2.2.2(d) has been implemented. If a case of atypical scrapie is confirmed during this two-year period the holding shall also be subject to the measures referred to in point 2.2.3.]
Textual Amendments
F201Words in Annex 7 Ch. B point 4.2 substituted (31.12.2020) by S.I. 2019/170, reg. 2(51) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(q))
F202Words in Annex 7 Ch. B point 4.3(b) substituted (31.12.2020) by S.I. 2019/170, reg. 2(51a)(i) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(q))
F203Words in Annex 7 Ch. B point 4.3(b) substituted (31.12.2020) by S.I. 2019/170, reg. 2(51a)(ii) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(q))
F204Words in Annex 7 Ch. B point 4.4 substituted (31.12.2020) by S.I. 2019/170, reg. 2(52) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(q))
However, [F205the appropriate authority] where a breeding programme is in place may decide to allow sampling and genotyping of breeding rams only, in flocks not participating in the breeding programme.
Textual Amendments
the identity, breed and number of animals in all flocks participating in the breeding programme;
the identification of the individual animals sampled under the breeding programme, including breeding rams sampled in flocks not participating in the breeding programme;
the results of any genotyping tests.
Textual Amendments
F206Words in Annex 7 Ch. C Pt. 1 point 6 omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(54)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
frequencies of the different alleles within the breed;
rarity of the breed;
avoidance of inbreeding or genetic drift.
once every 3 years with a minimum sample of at least 1 560 ovine animals; or
at a frequency and with a sample size F210... based on compliance with the following criteria:
the sampling design takes into account relevant epidemiological data collected during previous surveys, including data concerning the prion protein genotype of sheep for the codons 136, 141, 154 and 171 by breed, region, age, sex and flock type;
the sampling design allows at a minimum to detect a change of 5 % in genotype prevalence over a 3-year period, with a 80 % power and 95 % confidence level.]
Textual Amendments
Textual Amendments
F207Inserted by Commission Regulation (EU) 2017/894 of 24 May 2017 amending Annexes III and VII to Regulation (EC) No 999/2001 of the European Parliament and of the Council as regards the genotyping of ovine animals (Text with EEA relevance).
all animals in the flock that are to be genotyped shall be individually identified using secure means;
all rams intended for breeding within the flock shall be genotyped before being used for breeding;
any male animal carrying the VRQ allele shall be slaughtered or castrated, within six months following the determination of its genotype; any such animal shall not leave the holding except for slaughter;
female animals that are known to carry the VRQ allele shall not leave the holding except for slaughter;
male animals, including semen donors used for artificial insemination, other than those certified under the breeding programme, shall not be used for breeding within the flock.
Textual Amendments
Textual Amendments
That recognition shall be granted on at least the following two levels:
level I flocks shall be flocks composed entirely of ovine animals of the ARR/ARR genotype;
level II flocks shall be flocks whose progeny have been sired exclusively by rams of the ARR/ARR genotype.
[F213The appropriate authority] may decide to grant recognition on further levels to suit national requirements.
Textual Amendments
on the holding or at the slaughterhouse to verify their genotype;
in the case of level I flocks, in animals over 18 months of age at the slaughterhouse, for TSE testing in accordance with Annex III.
F214...]
Textual Amendments
For the purpose of F216... trade, [F217the appropriate authority] shall, where applicable, establish and supervise an official scheme for the recognition of holdings with a negligible risk of classical scrapie and holdings with a controlled risk of classical scrapie. Based on that official scheme, they shall, where applicable, establish and maintain lists of holdings of ovine and caprine animals with a negligible risk and holdings with a controlled risk of classical scrapie.
A holding of ovine animals having the TSE-resistance level I status, as laid down in Annex VII, Chapter C, Part 4, point 1.(a), and where no case of classical scrapie has been confirmed for a period of at least the preceding seven years, may be recognised as having a negligible risk of classical scrapie.
A holding of ovine animals, caprine animals, or ovine and caprine animals may also be recognised as having a negligible risk of classical scrapie provided that it has complied with the following conditions for a period of at least the preceding seven years:
ovine and caprine animals are permanently identified and records are maintained, to enable them to be traced back to their holding of birth;
records of movements of ovine and caprine animals in and out of the holding are maintained;
only the following ovine and caprine animals are introduced into the holding:
ovine and caprine animals from holdings with a negligible risk of classical scrapie;
ovine and caprine animals from holdings which have met the conditions set out in points (a) to (i) for a minimum period of the preceding seven years or for at least the same period of time as the period of time during which the holding, where they are to be introduced, has met the conditions set out in those points;
ovine animals of the ARR/ARR prion protein genotype;
ovine or caprine animals that comply with the conditions set out in point (i) or (ii) except during the period when they were kept at a semen collection centre, provided that the semen collection centre complies with the following conditions:
the semen collection centre is approved [F218and supervised],
for a period of the preceding seven years, only those ovine or caprine animals from holdings which have fulfilled during that period the conditions set out in points (a), (b) and (e), and which were subject to regular checks by an official veterinarian or a veterinarian authorised by the competent authority, were introduced into the semen collection centre,
no case of classical scrapie has been confirmed at the semen collection centre for a period of the preceding seven years,
biosecurity measures are in place at the semen collection centre to ensure that ovine and caprine animals kept at that centre and coming from holdings with a negligible or a controlled risk status for classical scrapie have no direct or indirect contact with ovine and caprine animals coming from holdings of a lower classical scrapie status;
the holding is subject to regular checks to verify compliance with the conditions set out in points (a) to (i) by an official veterinarian or a veterinarian authorised for that purpose by the competent authority, to be conducted at least on an annual basis F219...;
no case of classical scrapie has been confirmed;
F220...
F221... All ovine and caprine animals over 18 months of age that have died or have been killed for reasons other than slaughter for human consumption are tested in a laboratory for classical scrapie in accordance with the laboratory methods and protocols set out in Annex X, Chapter C, point 3.2.
By way of derogation from the conditions set out in the [F222second paragraph of point (f), nothing in this Regulation prevents the appropriate authority from deciding] that all ovine and caprine animals over 18 months of age with no commercial value, culled at the end of their productive life instead of being slaughtered for human consumption, are inspected by an official veterinarian, and all those exhibiting wasting signs or neurological signs are tested in a laboratory for classical scrapie in accordance with the laboratory methods and protocols set out in Annex X, Chapter C, point 3.2.
In addition to the conditions set out in points (a) to (f), the following conditions shall be complied with F223...:
only the following ova and embryos of animals of the ovine and caprine species are introduced into the holding:
ova and embryos from donor animals which have been kept since birth in a [F224country or region] with a negligible risk of classical scrapie, or in a holding with a negligible or a controlled risk of classical scrapie, or which comply with the following requirements:
they are permanently identified to enable them to be traced back to their holding of birth,
they have been kept since birth in holdings in which no case of classical scrapie has been confirmed during their residency,
they showed no clinical sign of classical scrapie at the time of collection of the ova or embryos;
ova and embryos of animals of the ovine species carrying at least one ARR allele;
only the following semen of animals of the ovine and caprine species are introduced into the holding:
semen from donor animals which have been kept since birth in a [F225country or region] with a negligible risk of classical scrapie, or in a holding with a negligible risk or a controlled risk of classical scrapie, or which comply with the following requirements:
they are permanently identified to enable them to be traced back to their holding of birth,
they showed no clinical sign of classical scrapie at the time of semen collection;
semen from rams of the ARR/ARR prion protein genotype;
ovine and caprine animals on the holding have no direct or indirect contact, including shared grazing, with ovine and caprine animals from holdings of a lower classical scrapie status.
A holding of ovine animals, caprine animals or ovine and caprine animals may be recognised as having a controlled risk of classical scrapie provided that it has complied with the following conditions for a period of at least the preceding three years:
ovine and caprine animals are permanently identified and records are maintained, to enable them to be traced back to their holding of birth;
records of movements of ovine and caprine animals in and out of the holding are maintained;
only the following ovine and caprine animals are introduced into the holding:
ovine and caprine animals from holdings with a negligible or a controlled risk of classical scrapie;
ovine and caprine animals from holdings which have met the conditions set out in points (a) to (i) for a minimum period of the preceding three years or for at least the same period of time as the period of time during which the holding, where they are to be introduced, has met the conditions set out in those points;
ovine animals of the ARR/ARR prion protein genotype;
ovine or caprine animals that comply with the conditions set out in point (i) or (ii) except during the period when they were kept at a semen collection centre, provided that the semen collection centre complies with the following conditions:
the semen collection centre is approved [F226and supervised],
for a period of the preceding three years, only those ovine or caprine animals from holdings which have fulfilled during that period the conditions set out in points (a), (b) and (e), and which were subject to regular checks by an official veterinarian or a veterinarian authorised by the competent authority, were introduced into the semen collection centre,
no case of classical scrapie has been confirmed at the semen collection centre during the period of the preceding three years,
biosecurity measures are in place at the semen collection centre to ensure that ovine and caprine animals kept at that centre and coming from holdings with a negligible or a controlled risk status for classical scrapie have no direct or indirect contact with ovine and caprine animals coming from holdings of a lower classical scrapie status;
the holding is subject to regular checks to verify compliance with the conditions set out in points (a) to (i) by an official veterinarian or a veterinarian authorised for that purpose by the competent authority, to be conducted at least on an annual basis F227...;
no case of classical scrapie has been confirmed;
F228...
F229... All ovine and caprine animals over 18 months of age that have died or have been killed for reasons other than slaughter for human consumption are tested in a laboratory for classical scrapie in accordance with the laboratory methods and protocols set out in Annex X, Chapter C, point 3.2.
By way of derogation from the conditions set out in the [F230second paragraph of point (f), nothing in this Regulation prevents the appropriate authority from deciding] that all the ovine and caprine animals over 18 months of age with no commercial value culled at the end of their productive life instead of being slaughtered for human consumption, are inspected by an official veterinarian, and all those exhibiting wasting signs or neurological signs are tested in a laboratory for classical scrapie in accordance with the laboratory methods and protocols set out in Annex X, Chapter C, point 3.2.
In addition to the conditions set out in points (a) to (f), the following conditions shall be complied with F231...:
only the following ova and embryos of animals of the ovine and caprine species are introduced into the holding:
ova and embryos from donor animals which have been kept since birth in a [F232country or region] with a negligible risk of classical scrapie, or in a holding with a negligible or a controlled risk of classical scrapie, or which comply with the following requirements:
they are permanently identified to enable them to be traced back to their holding of birth,
they have been kept since birth in holdings in which no case of classical scrapie has been confirmed during their residency,
they showed no clinical sign of classical scrapie at the time of collection of the ova or embryos,
ova and embryos of animals of the ovine species carrying at least one ARR allele;
only the following semen of animals of the ovine and caprine species are introduced into the holding:
semen from donor animals which have been kept since birth in a [F233country or region] with a negligible risk of classical scrapie, or in a holding with a negligible risk or with a controlled risk of classical scrapie, or which comply with the following requirements:
they are permanently identified to enable them to be traced back to their holding of birth,
they showed no clinical sign of classical scrapie at the time of semen collection;
semen from rams of the ARR/ARR prion protein genotype;
ovine and caprine animals of the holding have no direct or indirect contact, including shared grazing, with ovine and caprine animals from holdings of a lower classical scrapie status.
If a case of classical scrapie is confirmed in a holding with a negligible risk or a controlled risk of classical scrapie, or in a holding found to have an epidemiological link to a holding with a negligible risk or a controlled risk of classical scrapie as a result of an inquiry referred to in Part 1 of Chapter B of Annex VII, the holding with a negligible risk or a controlled risk of classical scrapie shall be immediately deleted from the list referred to in point 1.1 of this Section.
The [F234appropriate authority] shall immediately inform [F235other countries] which have introduced ovine and caprine animals originating from, or semen or embryos collected from ovine and caprine animals kept in the infected holding during a period of the preceding seven years in the case of a holding with a negligible risk of classical scrapie or during the period of the preceding three years in the case of a holding with a controlled risk of classical scrapie.]
Textual Amendments
F216Words in Annex 8 Ch. A s. A point 1.1 omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(59)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F217Words in Annex 8 Ch. A s. A point 1.1 substituted (31.12.2020) by The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(59)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F218Words in Annex 8 Ch. A s. A point 1.2(c)(iv) substituted (31.12.2020) by The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(59)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F219Words in Annex 8 Ch. A s. A point 1.2(d) omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(59)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F220Words in Annex 8 Ch. A s. A point 1.2(f) omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(59)(b)(iii)(aa); 2020 c. 1, Sch. 5 para. 1(1)
F221Words in Annex 8 Ch. A s. A point 1.2(f) omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(59)(b)(iii)(bb); 2020 c. 1, Sch. 5 para. 1(1)
F222Words in Annex 8 Ch. A s. A point 1.2(f) substituted (31.12.2020) by The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(59)(b)(iii)(cc); 2020 c. 1, Sch. 5 para. 1(1)
F223Words in Annex 8 Ch. A s. A point 1.2 substituted (31.12.2020) by The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(59)(b)(iv); 2020 c. 1, Sch. 5 para. 1(1)
F224Words in Annex 8 Ch. A s. A point 1.2(g)(i) substituted (31.12.2020) by The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(59)(b)(v); 2020 c. 1, Sch. 5 para. 1(1)
F225Words in Annex 8 Ch. A s. A point 1.2(h)(i) substituted (31.12.2020) by The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(59)(b)(v); 2020 c. 1, Sch. 5 para. 1(1)
F226Words in Annex 8 Ch. A s. A point 1.3(c)(iv) substituted (31.12.2020) by The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(59)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F227Words in Annex 8 Ch. A s. A point 1.3(d) omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(59)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F228Words in Annex 8 Ch. A s. A point 1.3(f) omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(59)(c)(iii)(aa); 2020 c. 1, Sch. 5 para. 1(1)
F229Words in Annex 8 Ch. A s. A point 1.3(f) omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(59)(c)(iii)(bb); 2020 c. 1, Sch. 5 para. 1(1)
F230Words in Annex 8 Ch. A s. A point 1.3(f) substituted (31.12.2020) by The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(59)(c)(iii)(cc); 2020 c. 1, Sch. 5 para. 1(1)
F231Words in Annex 8 Ch. A s. A point 1.3 omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(59)(c)(iv); 2020 c. 1, Sch. 5 para. 1(1)
F232Words in Annex 8 Ch. A s. A point 1.3(g)(i) substituted (31.12.2020) by The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(59)(c)(v); 2020 c. 1, Sch. 5 para. 1(1)
F233Words in Annex 8 Ch. A s. A point 1.3(h)(i) substituted (31.12.2020) by The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(59)(c)(v); 2020 c. 1, Sch. 5 para. 1(1)
a risk assessment has been conducted, and it has demonstrated that appropriate measures are currently in place and have been taken for the relevant period of time to manage any risk identified. This risk assessment shall identify all potential factors for classical scrapie occurrence and their historic perspective, in particular the:
importation or introduction of ovine and caprine animals or their semen and embryos potentially infected with classical scrapie;
extent of knowledge of the population structure and husbandry practices of ovine and caprine animals;
feeding practices, including consumption of meat-and-bone meal or greaves derived from ruminants;
importation of milk and milk products of ovine and caprine animals origin intended for use in feeding of ovine and caprine animals;
[F88for a period of at least the preceding seven years, ovine and caprine animals displaying clinical signs compatible with classical scrapie have been tested;
for a period of at least the preceding seven years, a sufficient number of ovine and caprine animals over 18 months of age, representative of ovine and caprine animals slaughtered, that have died or have been killed for reasons other than slaughter for human consumption, have been tested annually, to provide a 95 per cent level of confidence of detecting classical scrapie if it is present in that population at a prevalence rate exceeding 0,1 per cent and no case of classical scrapie has been reported during that period;]
the feeding to ovine and caprine animals of meat-and-bone meal or greaves of ruminant origin has been banned and effectively enforced in the whole Member State for a period of at least seven years;
F239...
introductions from third countries of ovine and caprine animals and semen and embryos thereof are carried out in accordance with Chapter E or Chapter H of Annex IX.
Textual Amendments
Textual Amendments
F237Words in Annex 8 Ch. A s. A point 2.1 substituted (31.12.2020) by S.I. 2019/170, reg. 2(60)(b)(i)(aa) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(s))
F238Words in Annex 8 Ch. A s. A point 2.1 substituted (31.12.2020) by S.I. 2019/170, reg. 2(60)(b)(i)(bb) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(s))
Textual Amendments
F240Annex 8 Ch. A s. A point 2.2 omitted (31.12.2020) by virtue of S.I. 2019/170, reg. 2(60)(c) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(s))
Textual Amendments
F241Annex 8 Ch. A s. A point 2.3 omitted (31.12.2020) by virtue of S.I. 2019/170, reg. 2(60)(d) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(s))
Textual Amendments
F236Words in Annex 8 Ch. A s. A point 2 substituted (31.12.2020) by S.I. 2019/170, reg. 2(60)(a) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(s))
[F243which outlines] in particular:
the distribution of classical scrapie in the [F244constituent nation],
the reasons for national control programme, taking into consideration the importance of the disease and the cost/benefit ratio,
the status categories defined for holdings and the standards which must be attained in each such category,
the test procedures to be used,
the national control programme monitoring procedures,
the action to be taken if, for any reason, a holding loses its status,
the measures to be taken if the results of checks carried out in accordance with the national control programme programme are positive,
F245...
Textual Amendments
F243Words in Annex 8 Ch. A s. A point 3.1(a) substituted (31.12.2020) by S.I. 2019/170, reg. 2(60)(e)(ii) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(s))
F244Words in Annex 8 Ch. A s. A point 3.1(a) substituted (31.12.2020) by S.I. 2019/170, reg. 2(60)(e)(iii) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(s))
F245Annex 8 Ch. A s. A point 3.1(b) omitted (31.12.2020) by virtue of S.I. 2019/170, reg. 2(60)(e)(iv) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(s))
Textual Amendments
F242Words in Annex 8 Ch. A s. A point 3.1 substituted (31.12.2020) by S.I. 2019/170, reg. 2(60)(e)(i) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(s))
Denmark,
Slovenia.]
Textual Amendments
F246Substituted by Commission Implementing Regulation (EU) 2017/736 of 26 April 2017 amending Annex VIII to Regulation (EC) No 999/2001 of the European Parliament and of the Council as regards the approval of Slovenia's national control programme for classical scrapie (Text with EEA relevance).
F247Words in Annex 8 Ch. A s. A point 3.2 substituted (31.12.2020) by S.I. 2019/170, reg. 2(60)(f) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(s))
Textual Amendments
F248Annex 8 Ch. A s. A point 4 omitted (31.12.2020) by virtue of S.I. 2019/170, reg. 2(60)(g) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(s))
The [F249appropriate authority] shall ensure that bovine animals born or reared on its territory before 1 August 1996 are not dispatched from its territory to F250... Member States or third countries.]
Textual Amendments
F249Words in Annex 8 Ch. A s. B substituted (31.12.2020) by The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(61)(a); 2020 c. 1, Sch. 5 para. 1(1)
F250Word in Annex 8 Ch. A s. B omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(61)(b); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F215Words in Annex 8 Ch. A heading omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(57); 2020 c. 1, Sch. 5 para. 1(1)
It shall be prohibited to place on the market the last-born progeny to which female bovine animals infected with a TSE or BSE-confirmed ovine or caprine animals gave birth during the preceding two-year period or during the period that followed the appearance of the first clinical signs of the onset of the disease.
The following products of animal origin are exempt from the prohibition referred to in Article 16(3), provided that they are derived from bovine, ovine and caprine animals that satisfy the requirements of Section B:
fresh meat,
minced meat,
meat preparations,
meat products.
The products referred to in Section A must satisfy the following requirements:
the animals from which the products of bovine, ovine and caprine animal origin were derived have not been fed meat-and-bone meal or greaves derived from ruminants and passed ante-mortem and post-mortem inspections;
the animals from which the products of bovine, ovine and caprine animal origin were derived have not been slaughtered after stunning by means of gas injected into the cranial cavity or killed by the same method or slaughtered by laceration after stunning of central nervous tissue by means of an elongated rod-shaped instrument introduced into the cranial cavity;
the products of bovine, ovine and caprine animal origin are not derived from:
specified risk material as defined in Annex V;
nervous and lymphatic tissues exposed during the deboning process; and
mechanically separated meat obtained from bones of bovine, ovine or caprine animals.]
Textual Amendments
F251Words in Annex 8 Ch. C heading omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(62); 2020 c. 1, Sch. 5 para. 1(1)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Imports of bovine animals from a country or a region with a negligible BSE risk shall be subject to the presentation of an animal health certificate attesting that:
the animals were born and continuously reared in a country or region or countries or regions classified in accordance with [F253this Regulation] as countries or regions posing a negligible BSE risk;
[F254the animals are identified by a permanent identification system enabling them to be traced back to the dam and herd of origin, and are not the following bovine animals:]
all BSE cases;
all bovine animals which, during their first year of life, were reared with the BSE cases during their first year of life, and which investigation showed consumed the same potentially contaminated feed during that period; or
if the results of the investigation referred to in indent (ii) are inconclusive, all bovine animals born in the same herd as, and within 12 months of the birth of, the BSE cases;
and
if there have been BSE indigenous cases in the country concerned, the animals were born:
after the date from which the ban on the feeding of ruminants with meat-and-bone meal and greaves derived from ruminants, as defined in the OIE Terrestrial Animal Health Code, has been effectively enforced; or
after the date of birth of the last BSE indigenous case if born after the date of the feed ban referred to in indent (i).
Textual Amendments
F253Words in Annex 9 Ch. B s. A point (a) substituted (1.7.2022) by The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 2(3)(a)(i)
F254Substituted by Commission Regulation (EU) 2019/319 of 6 February 2019 amending Annex IX to Regulation (EC) No 999/2001 of the European Parliament and of the Council and Annex XV to Commission Regulation (EU) No 142/2011 as regards health certification at import into the Union concerning transmissible spongiform encephalopathies (Text with EEA relevance).
Imports of bovine animals from a country or a region with a controlled BSE risk shall be subject to the presentation of an animal health certificate attesting that:
the country or region is classified in accordance with [F255this Regulation] as a country or region posing a controlled BSE risk;
[F254the animals are identified by a permanent identification system enabling them to be traced back to the dam and herd of origin, and are not the following bovine animals:]
all BSE cases;
all bovine animals which, during their first year of life, were reared with the BSE cases during their first year of life, and which investigation showed consumed the same potentially contaminated feed during that period; or
if the results of the investigation referred to in indent (ii) are inconclusive, all bovine animals born in the same herd as, and within 12 months of the birth of, the BSE cases;
the animals were born:
after the date from which the ban on the feeding of ruminants with meat-and-bone meal and greaves derived from ruminants, as defined in the OIE Terrestrial Animal Health Code, has been effectively enforced; or
after the date of birth of the last BSE indigenous case if born after the date of the feed ban referred to in indent (i).
Textual Amendments
Imports of bovine animals from a country or a region with an undetermined BSE risk shall be subject to the presentation of an animal health certificate attesting that:
the country or region has been categorised in accordance with [F256this Regulation] as a country or region with undetermined BSE risk;
the feeding of ruminants with meat-and-bone meal and greaves from ruminants, as defined in the OIE Terrestrial Animal Health Code, has been banned and the ban has been effectively enforced in the country or region;
[F254the animals are identified by a permanent identification system enabling them to be traced back to the dam and herd of origin, and are not the following bovine animals:]
all BSE cases;
all bovine animals which, during their first year of life, were reared with the BSE cases during their first year of life, and which investigation showed consumed the same potentially contaminated feed during that period; or
if the results of the investigation referred to in indent (ii) are inconclusive, all bovine animals born in the same herd as, and within 12 months of the birth of, the BSE cases;
the animals were born:
at least two years after the date from which the ban on the feeding of ruminants with meat-and-bone meal and greaves derived from ruminants, as defined in the OIE Terrestrial Animal Health Code, has been effectively enforced; or
after the date of birth of the last BSE indigenous case if born after the date of the feed ban referred to in indent (i).
Textual Amendments
The following products of bovine, ovine and caprine origin, as defined in the following points of Annex I to Regulation (EC) No 853/2004, shall be subject to the conditions set out in Sections B, C or D of this Chapter depending on the BSE risk category of the country of origin:
fresh meat, as defined in point 1.10 thereof,
minced meat, as defined in point 1.13 thereof,
mechanically separated meat, as defined in point 1.14 thereof,
meat preparations, as defined in point 1.15 thereof,
meat products, as defined in point 7.1 thereof,
rendered animal fat, as defined in point 7.5 thereof,
greaves, as defined in point 7.6 thereof,
gelatine, as defined in point 7.7 thereof, other than derived from hides and skins,
collagen, as defined in point 7.8 thereof, other than derived from hides and skins,
treated stomachs, bladders and intestines, as defined in point 7.9 thereof.
Imports of products of bovine, ovine and caprine animal origin referred to in Section A from a country or a region with a negligible BSE risk shall be subject to the presentation of an animal health certificate attesting that:
the country or region is classified in accordance with [F257this Regulation] as a country or region posing a negligible BSE risk;
the animals from which the products of bovine, ovine and caprine animal origin were derived passed ante mortem and post mortem inspections;
the products of bovine, ovine and caprine animal origin do not contain and are not derived from specified risk material as defined in point 1 of Annex V to this Regulation;
if the animals, from which the products of bovine animal origin were derived, originate from a country or region classified in accordance with [F258this Regulation] as a country or region posing a controlled or an undetermined BSE risk, by way of derogation from point (c) of this Section, carcasses, half carcasses or half carcasses cut into no more than three wholesale cuts, and quarters containing no specified risk material other than the vertebral column, including dorsal root ganglia, may be imported. In the case of such imports, the carcasses or wholesale cuts of carcasses of bovine animals containing a vertebral column which is defined as specified risk material in accordance with point 1 of Annex V to this Regulation shall be identified by a clearly visible red stripe on the label referred to in Article 13 or 15 of Regulation (EC) No 1760/2000. Furthermore, specific information on the number of bovine carcasses or wholesale cuts of carcasses, from which the removal of the vertebral column is required, shall be added to the Common Veterinary Entry Document (CVED) [F259made available or published for the time being by the appropriate authority];
the products of bovine, ovine and caprine animal origin do not contain and are not derived from mechanically separated meat obtained from bones of bovine, ovine or caprine animals, except if the animals, from which the products of bovine, ovine and caprine animal origin are derived, were born, continuously reared and slaughtered in a country or region classified in accordance with [F260this Regulation] as a country or region posing a negligible BSE risk in which there has been no BSE indigenous cases;
the animals from which the products of bovine, ovine and caprine animal origin were derived have not been slaughtered after stunning by means of gas injected into the cranial cavity or killed by the same method or slaughtered by laceration after stunning of central nervous tissue by means of an elongated rod-shaped instrument introduced into the cranial cavity, except if the animals from which the products of bovine, ovine and caprine animal origin are derived, were born, continuously reared and slaughtered in a country or region classified in accordance with [F261this Regulation] as a country or region posing a negligible BSE risk;
if the animals, from which the products of bovine, ovine and caprine animal origin were derived, originate from a country or region classified in accordance with [F262this Regulation] as a country or region posing an undetermined BSE risk, the animals have not been fed with meat-and-bone meal or greaves, as defined in the OIE Terrestrial Animal Health Code;
if the animals, from which the products of bovine, ovine and caprine animal origin were derived, originate from a country or region classified in accordance with [F263this Regulation] as a country or region posing an undetermined BSE risk, the products were produced and handled in a manner which ensures that they did not contain and were not contaminated with nervous and lymphatic tissues exposed during the deboning process.
Textual Amendments
F257Words in Annex 9 Ch. C s. B point (a) substituted (1.7.2022) by The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 2(3)(b)(i)
F258Words in Annex 9 Ch. C s. B point (d) substituted (1.7.2022) by The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 2(3)(b)(i)
F259Words in Annex 9 Ch. C s. B point (d) substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(24) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
F260Words in Annex 9 Ch. C s. B point (e) substituted (1.7.2022) by The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 2(3)(b)(i)
F261Words in Annex 9 Ch. C s. B point (f) substituted (1.7.2022) by The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 2(3)(b)(i)
the country or region is classified in accordance with [F264this Regulation] as a country or region posing a controlled BSE risk;
the animals from which the products of bovine, ovine and caprine animal origin were derived passed ante mortem and post mortem inspections;
the animals from which the products of bovine, ovine and caprine animal origin destined for export were derived have not been killed, after stunning, by laceration of central nervous tissue by means of an elongated rod-shaped instrument introduced into the cranial cavity, or by means of gas injected into the cranial cavity;
the products of bovine, ovine and caprine animal origin do not contain and are not derived from specified risk material as defined in point 1 of Annex V to this Regulation, or mechanically separated meat obtained from bones of bovine, ovine or caprine animals.
Textual Amendments
the country or region is classified in accordance with [F265this Regulation] as a country or region posing a controlled BSE risk;
the animals from which the products of bovine, ovine and caprine animal origin were derived were born, continuously reared and slaughtered in the country or region with a negligible BSE risk and passed ante mortem and post mortem inspections;
if the intestines are sourced from a country or region where there have been BSE indigenous cases:
the animals were born after the date from which the ban on the feeding of ruminants with meat-and-bone meal and greaves derived from ruminants has been enforced; or
the products of bovine, ovine and caprine animal origin do not contain and are not derived from specified risk material as defined in point 1 of Annex V to this Regulation.
Textual Amendments
the animals from which the products of bovine, ovine and caprine animal origin were derived have not been fed meat-and-bone meal or greaves derived from ruminants, as defined in the OIE Terrestrial Animal Health Code, and passed ante mortem and post mortem inspections;
the animals from which the products of bovine, ovine and caprine animal origin were derived have not been killed, after stunning, by laceration of central nervous tissue by means of an elongated rod-shaped instrument introduced into the cranial cavity, or by means of gas injected into the cranial cavity;
the products of bovine, ovine and caprine animal origin do not contain and are not derived from:
specified risk material as defined in point 1 of Annex V to this Regulation;
nervous and lymphatic tissues exposed during the deboning process;
mechanically separated meat obtained from bones of bovine, ovine or caprine animals.
the country or region is classified in accordance with [F266this Regulation] as a country or region posing an undetermined BSE risk;
the animals from which the products of bovine, ovine and caprine animal origin were derived were born, continuously reared and slaughtered in the country or region with a negligible BSE risk and passed ante mortem and post mortem inspections;
if the intestines are sourced from a country or region where there have been BSE indigenous cases:
the animals were born after the date from which the ban on the feeding of ruminants with meat-and-bone meal and greaves derived from ruminants had been enforced; or
the products of bovine, ovine and caprine animal origin do not contain and are not derived from specified risk material as defined in point 1 of Annex V to this Regulation.
Textual Amendments
This Chapter shall apply to the following animal by-products, as defined in points (1) of Article 3 of Regulation (EC) No 1069/2009 and the following derived products as defined in point (2) of that Article, provided that those animal by-products and derived products are of bovine, ovine and caprine animal origin:
rendered fats derived from Category 2 material, which are intended to be used as organic fertilisers or soil improvers, as defined in point 22 of Article 3 of Regulation (EC) No 1069/2009;
bones and bone products derived from Category 2 material;
rendered fats derived from Category 3 material which are intended to be used as organic fertilisers or soil improvers or as feed, as defined in points 22 and 25 respectively of Article 3 of Regulation (EC) No 1069/2009, or their starting materials;
pet food including dog chews;
blood products;
processed animal protein;
bones and bone products derived from Category 3 material;
gelatine and collagen derived from materials other than hides and skins;
Category 3 material and derived products other than those referred to in points (c) to (h) excluding:
fresh hides and skins, treated hides and skins;
gelatine and collagen derived from hides and skins;
fat derivatives.
Imports of the animal by-products and derived products of bovine, ovine and caprine origin referred to in Section A shall be subject to the presentation of a health certificate which has been completed with the following attestation:
the animal by-product or derived product:
does not contain and is not derived from specified risk material as defined in point 1 of Annex V to this Regulation; and
does not contain and is not derived from mechanically separated meat obtained from bones of bovine, ovine or caprine animals, except if the animals, from which the animal by-product or derived product are derived, were born, continuously reared and slaughtered in a country or region classified in accordance with [F267this Regulation] as a country or region posing a negligible BSE risk, in which there has been no BSE indigenous cases; and
is derived from animals which have not been killed, after stunning, by laceration of the central nervous tissue by means of an elongated rod-shaped instrument introduced into the cranial cavity, or by means of gas injected into the cranial cavity, except for animals born, continuously reared and slaughtered in a country or region classified as posing a negligible BSE risk in accordance with [F268this Regulation];
or
the animal by-product or derived product does not contain and is not derived from bovine, ovine and caprine materials other than those derived from animals born, continuously reared and slaughtered in a country or region classified as posing a negligible BSE risk in accordance with [F269this Regulation].
In addition to the requirements of point 1 of this Section, imports of the animal by-products and derived products referred to in points (d) and (f) of Section A shall be subject to the presentation of a health certificate which has been completed with the following attestation:
the animal by-product or derived product originates from a country or region, which is classified as posing a negligible BSE risk in accordance with [F270this Regulation], and in which there has been no BSE indigenous case;
or
the animal by-product or derived product originates from a country or region classified as posing a negligible BSE risk in accordance with [F271this Regulation] in which there has been a BSE indigenous case, and the animal by-product or derived product was derived from animals born after the date from which the ban on the feeding of ruminants with meat-and-bone meal and greaves derived from ruminants, as defined in the OIE Terrestrial Animal Health Code, has been effectively enforced in that country or region.
By way of derogation from the preceding paragraph, the attestation referred to in points (a) and (b) shall not be required for the importation of processed petfood, which is packaged and labelled in accordance with [F272retained direct EU] legislation.
In addition to the requirements of points 1 and 2 of this Section, imports of the animal by-products and derived products referred to in Section A, containing milk or milk products of ovine or caprine animal origin and intended for feed, shall be subject to the presentation of a health certificate which has been completed with the following attestation:
the ovine and caprine animals from which those animal by-products or derived products have been derived have been kept continuously since birth in a country where the following conditions are fulfilled:
classical scrapie is compulsorily notifiable;
an awareness, surveillance and monitoring system is in place;
official restrictions apply to holdings of ovine or caprine animals in the case of a suspicion of TSE or a confirmation of classical scrapie;
ovine and caprine animals affected with classical scrapie are killed and completely destroyed;
the feeding to ovine and caprine animals of meat-and-bone meal or greaves of ruminant origin, as defined in the OIE Terrestrial Animal Health Code, has been banned and effectively enforced in the whole country for a period of at least the preceding seven years;
the milk and milk products of ovine or caprine animals originate from holdings where no official restrictions are imposed due to a suspicion of TSE;
the milk and milk products of ovine or caprine animals originate from holdings where no case of classical scrapie has been diagnosed during a period of at least the preceding seven years or, following the confirmation of a case of classical scrapie:
all ovine and caprine animals on the holding have been killed and destroyed or slaughtered, except for breeding rams of the ARR/ARR genotype, breeding ewes carrying at least one ARR allele and no VRQ allele and other ovine animals carrying at least one ARR allele;
or
all animals in which classical scrapie was confirmed have been killed and destroyed, and the holding has been subjected for a period of at least two years since the date of confirmation of the last classical scrapie case to intensified TSE monitoring, including testing with negative results for the presence of TSE in accordance with the laboratory methods set out in point 3.2 of Chapter C of Annex X, of all of the following animals which are over the age of 18 months, except ovine animals of the ARR/ARR genotype:
animals which have been slaughtered for human consumption; and
animals which have died or been killed on the holding but which were not killed in the framework of a disease eradication campaign.]
Textual Amendments
F267Words in Annex 9 Ch. D s. B para. 1(a)(ii) substituted (1.7.2022) by The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 2(3)(c)
F268Words in Annex 9 Ch. D s. B para. 1(a)(iii) substituted (1.7.2022) by The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 2(3)(c)
F269Words in Annex 9 Ch. D s. B para. 1(b) substituted (1.7.2022) by The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 2(3)(c)
F270Words in Annex 9 Ch. D s. B para. 2(a) substituted (1.7.2022) by The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 2(3)(c)
F271Words in Annex 9 Ch. D s. B para. 2(b) substituted (1.7.2022) by The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 2(3)(c)
F272Words in Annex 9 Ch. D s. B point 2 substituted (31.12.2020) by S.I. 2019/170, reg. 2(64)(a) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(t))
Ovine and caprine animals imported into [F273Great Britain] shall be subject to the presentation of an animal health certificate attesting that they have been kept continuously since birth in a country where the following conditions are fulfilled:
Textual Amendments
F273Words in Annex 9 Ch. E substituted (31.12.2020) by S.I. 2019/170, reg. 2(64)(b)(i) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(t))
classical scrapie is compulsorily notifiable;
an awareness, surveillance and monitoring system is in place;
ovine and caprine animals affected with classical scrapie are killed and completely destroyed;
the feeding to ovine and caprine animals of meat-and-bone meal or greaves of ruminant origin, as defined in the OIE Terrestrial Animal Health Code, has been banned and effectively enforced in the whole country for a period of at least the preceding seven years.
F274...
Textual Amendments
F274Words in Annex 9 Ch. E omitted (31.12.2020) by virtue of S.I. 2019/170, reg. 2(64)(b)(ii) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(t))
For ovine and caprine animals for breeding imported into [F275parts of Great Britain] other than those with a negligible risk of classical scrapie or those with an approved national scrapie control programme listed in point 3.2 of Section A of Chapter A of Annex VIII, the following conditions have been complied with:
the imported ovine and caprine animals come from a holding or holdings that have complied with the conditions of point 1.3 of Section A of Chapter A of Annex VIII; or
they are ovine animals of the ARR/ARR prion protein genotype and they come from a holding where no official movement restriction has been imposed due to BSE or classical scrapie during the last two years.
For ovine and caprine animals for all uses except immediate slaughter imported into [F276parts of Great Britain] with a negligible risk of classical scrapie or with an approved national scrapie control programme listed in point 3.2 of Section A of Chapter A of Annex VIII, the following conditions have been complied with:
they come from a holding or holdings that have complied with the conditions of point 1.2 of Section A of Chapter A of Annex VIII; or
they are ovine animals of the ARR/ARR prion protein genotype and they come from a holding where no official movement restriction has been imposed due to BSE or classical scrapie during the last two years.
Textual Amendments
F275Words in Annex 9 Ch. E point (5) substituted (31.12.2020) by S.I. 2019/170, reg. 2(64)(b)(iii) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(t))
F276Words in Annex 9 Ch. E point (6) substituted (31.12.2020) by S.I. 2019/170, reg. 2(64)(b)(iv) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(t))
‘ This product contains or is derived exclusively from meat, excluding offal and spinal cord, of farmed cervid animals which have been examined for chronic wasting disease by histopathology, immunohistochemistry or other diagnostic method recognised by the competent authority with negative results and is not derived from animals coming from a herd where chronic wasting disease has been confirmed or is officially suspected. ’
Textual Amendments
F277Words in Annex 9 Ch. F point 1 substituted (31.12.2020) by S.I. 2019/170, reg. 2(64)(c) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(t))
‘ This product contains or is derived exclusively from meat, excluding offal and spinal cord, of wild cervid animals which have been examined for chronic wasting disease by histopathology, immunohistochemistry or other diagnostic method recognised by the competent authority with negative results and is not derived from animals coming from a region where chronic wasting disease has been confirmed in the last three years or is officially suspected. ’
Textual Amendments
F278Words in Annex 9 Ch. F point 2 substituted (31.12.2020) by S.I. 2019/170, reg. 2(64)(c) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(t))
Ovine and caprine semen and embryos imported into [F279Great Britain] shall be subject to the presentation of an animal health certificate attesting that:
Textual Amendments
F279Words in Annex 9 Ch. H substituted (31.12.2020) by S.I. 2019/170, reg. 2(64)(d) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(t))
the donor animals have been kept continuously since birth in a country where the following conditions are fulfilled:
classical scrapie is compulsorily notifiable;
an awareness, surveillance and monitoring system is in place;
ovine and caprine animals affected with classical scrapie are killed and completely destroyed;
the feeding to ovine and caprine animals of meat-and-bone meal, or greaves of ruminant origin, as defined in the OIE Terrestrial Animal Health Code, has been banned and effectively enforced in the whole country for a period of at least the preceding seven years; and
the donor animals have been kept continuously for a period of three years preceding the date of the collection of the exported semen or embryos in a holding or holdings which have satisfied during that period all the requirements set out in point 1.3.(a) to (f) of Section A of Chapter A of Annex VIII except where the holding is a semen collection centre, provided that the semen collection centre complies with the conditions set out in point 1.3.(c)(iv) of that Section; or
in the case of semen of animals of the ovine species, the semen has been collected from male animals of the ARR/ARR prion protein genotype; or
in the case of embryos of animals of the ovine species, the embryos carry at least one ARR allele.]
[ F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Any samples intended to be examined for the presence of a TSE shall be collected using the methods and protocols laid down in the latest edition of the Manual for diagnostic tests and vaccines for Terrestrial Animals of the World Organisation for Animal Health (OIE) (the Manual). In addition to, or in the absence of, OIE methods and protocols, and to ensure that sufficient material is available, the competent authority shall ensure the use of sampling methods and protocols in accordance with guidelines issued by the EU reference laboratory.
In particular the competent authority shall collect the appropriate tissues, according to the available scientific advice F280..., in order to ensure the detection of all known strains of TSE in small ruminants and shall keep at least half of the collected tissues fresh but not frozen until the result of the rapid test is negative. Where the result is positive or inconclusive the residual tissues must be subject to confirmatory testing F281....
Textual Amendments
F280Words in Annex 10 Ch. C point 1 omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(69)(a); 2020 c. 1, Sch. 5 para. 1(1)
F281Words in Annex 10 Ch. C point 1 omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(69)(b); 2020 c. 1, Sch. 5 para. 1(1)
The samples shall be correctly marked as to the identity of the sampled animal.
Any laboratory examination for TSE shall be carried out in official diagnostic laboratories designated for that purpose by the competent authority.
Samples from bovine animals sent for laboratory testing pursuant to the provisions of Article 12(2) shall immediately be subjected to confirmatory examinations using at least one of the following methods and protocols laid down in the latest edition of the Manual:
the immunohistochemical (IHC) method;
Western blot;
the demonstration of characteristic fibrils by electron microscopy;
histopathological examination;
the combination of rapid tests as laid down in the third subparagraph.
If the histopathological examination is inconclusive or negative, the tissues shall be submitted to a further examination by one of the other confirmatory methods and protocols.
Rapid tests may be used for both primary screening of suspect cases and, if inconclusive or positive, for subsequent confirmation, F282... by using a second rapid test ’ , and provided that:
Textual Amendments
F282Words in Annex 10 Ch. C point 3.1(a) omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(71)(a); 2020 c. 1, Sch. 5 para. 1(1)
the confirmation is carried out in a national reference laboratory for TSEs; and
one of the two rapid tests is a Western blot; and
the second rapid test used:
includes a negative tissue control and a bovine BSE sample as positive tissue control,
is of a different type than the test used for the primary screening; and
if a rapid Western blot is used as the first test, the result of that test must be documented and the blot image submitted to the national reference laboratory for TSEs; and
where the result of the primary screening is not confirmed by the subsequent rapid test, the sample must be subjected to an examination by one of the other confirmatory methods; where the histopathological examination is used for that purpose, but proves to be inconclusive or negative, the tissues must be submitted to a further examination by one of the other confirmatory methods and protocols.
If the result of one of the confirmatory examinations referred to in points (i) to (v) of the first subparagraph is positive, the animal shall be regarded as a positive BSE case.
Samples from bovine animals sent for laboratory testing pursuant to the provisions of Annex III, Chapter A, Part I shall be examined by a rapid test.
When the result of the rapid test is inconclusive or positive, the sample shall immediately be subjected to confirmatory examinations using at least one of the following methods and protocols laid down in the latest edition of the Manual:
the immunohistochemical (IHC) method;
Western blot;
the demonstration of characteristic fibrils by electron microscopy;
histopathological examination;
the combination of rapid tests as laid down in the fourth subparagraph.
Where the histopathological examination is inconclusive or negative, the tissues shall be submitted to a further examination by one of the other confirmatory methods and protocols.
Rapid tests may be used for both primary screening and, if inconclusive or positive, for subsequent confirmation, F283... by using a second rapid test, and provided that ’ :
Textual Amendments
F283Words in Annex 10 Ch. C point 3.1(b) omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(71)(b); 2020 c. 1, Sch. 5 para. 1(1)
the confirmation is carried out in a national reference laboratory for TSEs; and
one of the two rapid tests is a Western blot; and
the second rapid test used:
includes a negative tissue control and a bovine BSE sample as positive tissue control,
is of a different type than the test used for the primary screening; and
if a rapid Western blot is used as the first test, the result of that test must be documented and the blot image submitted to the national reference laboratory for TSEs; and
where the result of the primary screening is not confirmed by the subsequent rapid test, the sample must be subjected to an examination by one of the other confirmatory methods; where the histopathological examination is used for that purpose, but proves to be inconclusive or negative, the tissues must be submitted to a further examination by one of the other confirmatory methods and protocols.
An animal shall be regarded a positive BSE case if the result of the rapid test is inconclusive or positive, and at least one of the confirmatory examinations referred to in points (i) to (v) of the second subparagraph is positive.
Samples from all positive BSE cases shall be forwarded to a laboratory, appointed by the competent authority, [F284where they must be further tested by a two-blot method for the provisional classification of bovine TSE isolates].
Textual Amendments
F284Words in Annex 10 Ch. C point 3.1(c) omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(71)(c); 2020 c. 1, Sch. 5 para. 1(1)
Samples from ovine and caprine animals sent for laboratory testing pursuant to the provisions of Article 12(2) shall immediately be subjected to confirmatory examinations using at least one of the following methods and protocols laid down in the latest edition of the Manual:
the immunohistochemical (IHC) method;
Western blot;
the demonstration of characteristic fibrils by electron microscopy;
histopathological examination.
In case the histopathological examination is inconclusive or negative, the tissues shall be submitted to a further examination by one of the other confirmatory methods and protocols.
Rapid tests may be used for primary screening of suspect cases. Such tests may not be used for subsequent confirmation.
Where the result of the rapid test used for primary screening of suspect cases is positive or inconclusive, the sample shall be subjected to an examination by one of the confirmatory examinations referred to in points (i) to (iv) of the first subparagraph. Where the histopathological examination is used for that purpose, but proves to be inconclusive or negative, the tissues shall be submitted to a further examination by one of the other confirmatory methods and protocols.
[F285If the result of one of the confirmatory examinations referred to in points (i) to (iv) of the first subparagraph is positive, the animal shall be regarded as a positive TSE case.]
Textual Amendments
F285Substituted by Commission Regulation (EU) 2020/1593 of 29 October 2020 amending Annex X to Regulation (EC) No 999/2001 of the European Parliament and of the Council as regards further examination of positive cases of transmissible spongiform encephalopathies in ovine and caprine animals (Text with EEA relevance).
Samples from ovine and caprine animals sent for laboratory testing pursuant to the provisions of Annex III, Chapter A, Part II (Monitoring in ovine and caprine animals) shall be examined by a rapid test, in order to ensure the detection of all known strains of TSE.
When the result of the rapid test is inconclusive or positive, the sampled tissues shall immediately be sent to [F286the relevant] official laboratory for confirmatory examinations by histopathology, immunohistochemistry, Western blotting or demonstration of characteristic fibrils by electron microscopy, as referred to in point (a). If the result of the confirmatory examination is negative or inconclusive, the tissues shall be submitted to a further examination by immunohistochemistry or Western blotting.
Textual Amendments
[F285If the result of one of the confirmatory examinations is positive, the animal shall be regarded as a positive TSE case.]
[F287Samples that, following the examinations referred to in points (a) or (b), are regarded as positive TSE cases, but which are not considered atypical cases, shall be examined to exclude the presence of BSE only when they come from an index case. Other cases, which display characteristics that, according to the testing laboratory, merit investigation, shall also be examined to exclude the presence of BSE.]
Textual Amendments
F287Inserted by Commission Regulation (EU) 2020/1593 of 29 October 2020 amending Annex X to Regulation (EC) No 999/2001 of the European Parliament and of the Council as regards further examination of positive cases of transmissible spongiform encephalopathies in ovine and caprine animals (Text with EEA relevance).
For the exclusion of the presence of BSE, samples shall be examined by a discriminatory Western blotting method [F288approved by the national reference laboratory].]
Textual Amendments
F288Words in Annex 10 Ch. C point 3.2(c)(i) substituted (31.12.2020) by S.I. 2019/170, reg. 2(72)(b)(i) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(w))
In TSE cases in which the presence of BSE cannot be excluded by the primary molecular testing referred to in point (i), the samples must be submitted to further investigation and confirmation by at least one alternative method, differing immunochemically from the original primary molecular method, depending on the volume and nature of the referred material. These additional tests will be carried out by the national reference laboratory.]
Textual Amendments
Samples indicative of BSE or inconclusive for BSE, following secondary molecular testing, shall be further analysed by mouse bioassay for final confirmation. The nature or quantity of available material may influence the bioassay designF290....
Textual Amendments
F291...
Textual Amendments
Where methods and protocols are established for tests carried out to confirm the suspected presence of a TSE in a species other than bovine, ovine and caprine, they shall include at least a histopathological examination of brain tissue. The competent authority may also require laboratory tests such as immunohistochemistry, Western blotting, demonstration of characteristic fibrils by electron microscopy or other methods designed to detect the disease associated form of the prion protein. In any case at least one other laboratory examination shall be carried out if the initial histopathological examination is negative or inconclusive. At least three different examinations with positive results shall be carried out in the event of the first appearance of the disease.
F292...
Textual Amendments
F292Words in Annex 10 Ch. C point 3.3 omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(73); 2020 c. 1, Sch. 5 para. 1(1)
For the purposes of carrying out the rapid tests in accordance with Articles 5(3) and 6(1), only the following methods shall be used as rapid tests for the monitoring of BSE in bovine animals:
the immunoblotting test based on a Western blotting procedure for the detection of the Proteinase K-resistant fragment PrPRes (Prionics-Check Western test),
the sandwich immunoassay for PrPRes detection (short assay protocol) carried out following denaturation and concentration steps (Bio-Rad TeSeE SAP rapid test),
the microplate-based immunoassay (ELISA) which detects Proteinase K-resistant PrPRes with monoclonal antibodies (Prionics-Check LIA test),
the immunoassay using a chemical polymer for selective PrPSc capture and a monoclonal detection antibody directed against conserved regions of the PrP molecule (IDEXX HerdChek BSE Antigen Test Kit, EIA & HerdChek BSE-Scrapie Antigen (IDEXX Laboratories)),
the lateral-flow immunoassay using two different monoclonal antibodies to detect Proteinase K-resistant PrP fractions (Prionics Check PrioSTRIP),
the two-sided immunoassay using two different monoclonal antibodies directed against two epitopes presented in a highly unfolded state of bovine PrPSc (Roboscreen Beta Prion BSE EIA Test Kit).
For the purposes of carrying out the rapid tests in accordance with Articles 5(3) and 6(1), only the following methods shall be used as rapid tests for the monitoring of TSE in ovine and caprine animals:
the sandwich immunoassay for PrPRes detection (short assay protocol) carried out following denaturation and concentration steps (Bio-Rad TeSeE SAP rapid test),
the sandwich immunoassay for PrPRes detection with the TeSeE Sheep/Goat Detection kit carried out following denaturation and concentration steps with the TeSeE Sheep/Goat Purification kit (Bio-Rad TeSeE Sheep/Goat rapid test),
the immunoassay using a chemical polymer for selective PrPSc capture and a monoclonal detection antibody directed against conserved regions of the PrP molecule (HerdChek BSE-Scrapie Antigen (IDEXX Laboratories)),
F293...
Textual Amendments
F293Deleted by Commission Regulation (EU) 2017/110 of 23 January 2017 amending Annexes IV and X to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (Text with EEA relevance).
In all rapid tests, sample tissue on which the test must be applied must comply with the manufacturer's instructions for use.
Producers of rapid tests must have a quality assurance system in place that F294... ensures that the test performance does not change. F295...
Textual Amendments
F294Words in Annex 10 Ch. C point 4 omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(74)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F295Words in Annex 10 Ch. C point 4 omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(74)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Changes to rapid tests and to test protocols may only be made [F296if] the change does not alter the sensitivity, specificity or reliability of the rapid test. F297...
Textual Amendments
F296Word in Annex 10 Ch. C point 4 substituted (31.12.2020) by The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(74)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F297Words in Annex 10 Ch. C point 4 omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(74)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
(To be defined)]
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F298 Deleted by Commission Regulation (EC) No 722/2007 of 25 June 2007 amending Annexes II, V, VI, VIII, IX and XI to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (Text with EEA relevance).
Opinion of the European Parliament of 17 May 2000 (OJ C 59, 23.2.2001, p. 93), Common Position of the Council of 12 February 2001 (OJ C 88, 19.3.2001, p. 1) and Decision of the European Parliament of 3 May 2001.
[F1 OJ L 273, 10.10.2002, p. 1 . Regulation as last amended by Commission Regulation (EC) No 208/2006 ( OJ L 36, 8.2.2006, p. 25 ).]
Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (OJ L 395, 30.12.1989, p. 13). Directive as last amended by Council Directive 92/118/EEC (OJ L 62, 15.3.1993, p. 49).
Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (OJ L 224, 18.8.1990, p. 29). Directive as last amended by Council Directive 92/118/EEC.
Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97 (OJ L 204, 11.8.2000, p. 1).
Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (OJ 121 29.7.1964, p. 1977/64). Directive as last amended by Directive 2000/20/EC of the European Parliament and of the Council (OJ L 163, 4.7.2000, p. 35).
Council Directive 91/68/EEC of 28 January 1991 on animal health conditions governing intra-Community trade in ovine and caprine animals (OJ L 46, 19.2.1991, p. 19). Directive as last amended by Commission Decision 94/953/EC (OJ L 371, 31.12.1994, p. 14).
[F78 [F79 [F80Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) ( OJ L 300, 14.11.2009, p. 1 ).] ] ]
[F78 [F79 [F80Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive ( OJ L 54, 26.2.2011, p. 1 ).] ] ]
[F78 [F79 [F80Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety ( OJ L 31, 1.2.2002, p. 1 ).] ] ]
[F78 [F79 [F80Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC ( OJ L 229, 1.9.2009, p. 1 ).] ] ]
[F78 [F79 [F80Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals ( OJ L 328, 24.11.2006, p. 14 ).] ] ]
[F78 [F79 [F80Regulation (EU) 2016/1012 of the European Parliament and of the Council of 8 June 2016 on zootechnical and genealogical conditions for the breeding, trade in and entry into the Union of purebred breeding animals, hybrid breeding pigs and the germinal products thereof and amending Regulation (EU) No 652/2014, Council Directives 89/608/EEC and 90/425/EEC and repealing certain acts in the area of animal breeding ( ‘ Animal Breeding Regulation ’ ) ( OJ L 171, 29.6.2016, p. 66 ).] ] ]
[F78 [F83 OJ L 349, 24.12.2002, p. 105 .] ]
[F78 [F83 OJ L 5, 9.1.2004, p. 8 .] ]
[F87Design prevalence is used to determine the size of a testing survey expressed in terms of target points. If the actual prevalence is greater than the selected design prevalence, the survey is highly likely to detect disease.]
[F91 [F83 OJ L 139, 30.4.2004, p. 55 .] ]
[F91 [F83 OJ L 139, 30.4.2004, p. 206 .] ]
[F87 [F88Commission Regulation (EC) No 136/2004 of 22 January 2004 laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries ( OJ L 21, 28.1.2004, p. 11 ).] ]
Textual Amendments
F1Inserted by Regulation (EC) No 1923/2006 of the European Parliament and of the Council of 18 December 2006 amending Regulation (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (Text with EEA relevance).
F78 Substituted by Commission Regulation (EC) No 1234/2003 of 10 July 2003 amending Annexes I, IV and XI to Regulation (EC) No 999/2001 of the European Parliament and of the Council and Regulation (EC) No 1326/2001 as regards transmissible spongiform encephalopathies and animal feeding (Text with EEA relevance).
F79Substituted by Commission Regulation (EU) No 56/2013 of 16 January 2013 amending Annexes I and IV to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (Text with EEA relevance).
F80Substituted by Commission Regulation (EU) 2020/772 of 11 June 2020 amending Annexes I, VII and VIII to Regulation (EC) No 999/2001 of the European Parliament and of the Council as regards eradication measures for transmissible spongiform encephalopathies in goats and endangered breeds (Text with EEA relevance).
F83Substituted by Commission Regulation (EU) No 630/2013 of 28 June 2013 amending the Annexes to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (Text with EEA relevance).
F87Substituted by Commission Regulation (EC) No 722/2007 of 25 June 2007 amending Annexes II, V, VI, VIII, IX and XI to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (Text with EEA relevance).
F88Substituted by Commission Regulation (EU) 2016/1396 of 18 August 2016 amending certain Annexes to Regulation (No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (Text with EEA relevance).