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Regulation (EC) No 999/2001 of the European Parliament and of the CouncilShow full title

Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies

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[F1ANNEX III U.K. MONITORING SYSTEM

Textual Amendments

CHAPTER A U.K.

I. MONITORING IN BOVINE ANIMALS U.K.

1. General U.K.

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).

[F22. Monitoring in animals slaughtered for human consumption U.K.
2.1. All bovine animals over 24 months of age shall be tested for BSE where they have undergone: U.K.

  • emergency slaughter in accordance with point 1 of Chapter VI of Section I of Annex III to Regulation (EC) No 853/2004 (1) , 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 (2) .

2.2. All healthy bovine animals over 30 months of age slaughtered normally for human consumption shall be tested for BSE.] U.K.

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3. Monitoring in animals not slaughtered for human consumption U.K.
3.1. All bovine animals over 24 months of age which have died or been killed but which were not: U.K.

  • killed for destruction pursuant to Commission Regulation (EC) No 716/96 (3) ,

  • killed in the framework of an epidemic, such as foot-and-mouth disease,

  • slaughtered for human consumption,

shall be tested for BSE.

[F33.2. Point 3.1 does not prevent the exercise by the appropriate authority of any power to disapply the requirement for testing under that point in remote areas with a low animal density, where no collection of dead animals takes place, provided that when taken with other such exclusions not more than 10% of the bovine population in the United Kingdom is excluded from that requirement.]U.K.

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[F44. Monitoring in animals purchased for destruction pursuant to Regulation (EC) No 716/96 U.K.

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.]

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5. Monitoring in other animals U.K.

In addition to the testing referred to in points 2 to 4, [F5the 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.

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[F66. Measures following testing U.K.
6.1. Where an animal slaughtered for human consumption has been selected for testing for BSE, the health marking provided for in [F7Article 18(4) of Regulation (EU) No 2017/625] shall not be carried out on the carcase of that animal until a negative result to the rapid test has been obtained. U.K.

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6.2. [F8The appropriate authority need not comply with] point 6.1 where an official system is in place in the slaughterhouse ensuring that no parts of examined animals bearing the health mark leave the slaughterhouse until a negative result to the rapid test has been obtained. U.K.

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6.3. All parts of the body of an animal tested for BSE including the hide shall be retained under official control until a negative result to the rapid test has been obtained, unless they are disposed of in accordance with Article 12(a) or (b) of Regulation (EC) No 1069/2009, or unless its fats are processed in accordance with Regulation (EU) No 142/2011 and used in accordance with Article 12(e) of Regulation (EC) No 1069/2009 or used for the manufacture of derived products referred to in Article 36 of that Regulation. U.K.
6.4. All parts of the body of an animal found positive or inconclusive to the rapid test including the hide shall be disposed of in accordance with Article 12(a) or (b) of Regulation (EC) No 1069/2009, apart from material to be retained in conjunction with the records provided for in Chapter B, Part III of this Annex, and apart from the fats obtained from such a body, provided that these fats are processed in accordance with Regulation (EU) No 142/2011 and used in accordance with Article 12(e) of Regulation (EC) No 1069/2009 or used for the manufacture of derived products referred to in Article 36 of that Regulation. U.K.
6.5. Where an animal slaughtered for human consumption is found positive or inconclusive to the rapid test, at least the carcase immediately preceding and the two carcases immediately following the animal tested positive or inconclusive on the same slaughter line shall be destroyed in accordance with point 6.4. U.K.

By way of derogation from the first paragraph of this point, [F9The 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).

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6.6. [F10The appropriate authority may decide not to destroy the carcases mentioned in] point 6.5 where a system is in place in the slaughterhouse preventing contamination between carcases.] U.K.

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7. Revision of the annual monitoring programmes concerning BSE (BSE monitoring programmes), as provided for in Article 6(1b)U.K.
F11...

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F11Annex 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)

[F12[F13II. MONITORING IN OVINE AND CAPRINE ANIMALS U.K.

1. General U.K.

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).

[F22. Monitoring in ovine and caprine animals slaughtered for human consumption U.K.
(a) [F14The appropriate authorities shall test] a minimum annual sample of 10 000 ovine animals slaughtered for human consumption [F15within Great Britain];U.K.

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(b) F16...U.K.

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(c) [F17The Secretary of State, with the consent of the other appropriate authorities,] may choose to replace a maximum of: U.K.

  • 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.]

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3. Monitoring in ovine and caprine animals not slaughtered for human consumption U.K.

[F18The 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.

Table A
a

Minimum sample sizes are set to take account of the size of the ovine populations F19... and are intended to provide achievable targets.

F20...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

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Table B
a

Minimum sample sizes are set to take account of the size of the caprine population F21... and are intended to provide achievable targets.

F22...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

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4. Sampling rules applicable to the animals referred to in points 2 and 3 U.K.

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. [F23The 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.

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The [F24appropriate authority] shall put in place a system to check, on a targeted or other basis, that animals are not being diverted from sampling.

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[F25However, 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.]

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[F25. Monitoring in holdings under TSE control and eradication measures U.K.

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]
6. Monitoring in other animals U.K.

In addition to the monitoring programmes set out in points 2, 3 and 4, [F26the appropriate authority] may on a voluntary basis carry out monitoring in other animals, in particular:

Textual Amendments

  • 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.

7. Measures following testing of ovine and caprine animals U.K.
7.1. Where an ovine or caprine animal slaughtered for human consumption has been selected for TSE testing in accordance with point 2, its carcase shall not be marked with the health marking provided for in Section I, Chapter III of Annex I to Regulation (EC) No 854/2004 until a negative result to the rapid test has been obtained. U.K.
7.2. [F27The appropriate authority may decide not to comply with point 7.1] where a system approved by the competent authority is in place in the slaughterhouse ensuring that all parts of an animal can be traced and that no parts of the animals tested bearing the health mark can leave the slaughterhouse until a negative result to the rapid test has been obtained. U.K.

Textual Amendments

[F67.3. All parts of the body of a tested animal, including the hide, shall be retained under official control until a negative result has been obtained to the rapid test, unless they are disposed of in accordance with Article 12(a) or (b) of Regulation (EC) No 1069/2009, or unless its fats are processed in accordance with Regulation (EU) No 142/2011 and used in accordance with Article 12(e) of Regulation (EC) No 1069/2009 or used for the manufacture of derived products referred to in Article 36 of that Regulation. U.K.
7.4. All parts of the body of an animal found positive to the rapid test, including the hide, shall be directly disposed of in accordance with Article 12(a) or (b) of Regulation (EC) No 1069/2009, apart from the material to be retained in conjunction with the records provided for in Chapter B, Part III of this Annex, and apart from rendered fats derived from such a body provided that these rendered fats are processed in accordance with Regulation (EU) No 142/2011 and used in accordance with Article 12(e) of Regulation (EC) No 1069/2009 or used for the manufacture of derived products referred to in Article 36 of that Regulation.] U.K.
[F288. Genotyping U.K.

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 [F29appropriate 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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[F30III. MONITORING IN CERVIDS U.K.

A. Three-year monitoring programme for chronic wasting disease (CWD) U.K.
F31...

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[F32B. Monitoring in cervidsU.K.

The appropriate authority may carry out monitoring for TSEs in cervids.]]

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[F33IV. MONITORING IN OTHER ANIMAL SPECIES U.K.

[F34The appropriate authority] 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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[F35CHAPTER B U.K. REPORTING AND RECORDING REQUIREMENTS

I. REQUIREMENTS ON [F36APPROPRIATE AUTHORITIES] U.K.

A. Information to be presented by [F37appropriate authorities in their annual report] U.K.
1. The number of suspected cases placed under official movement restrictions in accordance with Article 12(1), per animal species. U.K.
2. The number of suspected cases subject to laboratory examination in accordance with [F38Article 12], per animal species, including the results of the rapid and confirmatory tests (number of positives and negatives) and, with regard to bovine animals, the age distribution of all tested animals. The age distribution should be grouped as follows: ‘ below 24 months ’ , distribution per 12 months between 24 and 155 months, and ‘ above 155 months ’ of age. U.K.

Textual Amendments

3. The number of flocks where suspected cases in ovine and caprine animals have been reported and investigated pursuant to [F39Article 12]. U.K.

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4. The number of bovine animals tested within each subpopulation referred to in Chapter A, Part I, points 2.1, 2.2, 3.1 and 5. The method of the sample selection, the results of the rapid and confirmatory tests and the age distribution of the tested animals grouped as set out in point 2 shall be provided. U.K.
5. The number of ovine and caprine animals and flocks tested within each subpopulation referred to in Chapter A, Part II, points 2, 3, 5 and 6 together with the method for sample selection and the results of the rapid and confirmatory tests. U.K.
6. The geographical distribution, including the country of origin if not the same as the reporting country, of positive cases of BSE and scrapie. The year, and where possible the month of birth shall be given for each TSE case in bovine, ovine and caprine animals. TSE cases which have been considered atypical shall be indicated. For scrapie cases, the results of the primary and secondary molecular testing, referred to in Annex X, Chapter C, point 3.2(c), shall be reported, where appropriate. U.K.
[F307. In animals other than bovine, ovine and caprine animals, as well as in cervids other than those covered by the three-year CWD monitoring programme referred to in Part III.A of Chapter A of this Annex, the number of samples and confirmed TSE cases per species.] U.K.
[F288. The genotype, and, where possible, the breed, of each ovine animal found positive to TSE and sampled in accordance with Chapter A, Part II, point 8.] U.K.
9. F40...U.K.

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B. Reporting periods U.K.

F41...

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II. INFORMATION TO BE PRESENTED IN THE UNION SUMMARY REPORT U.K.

F42...

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III. RECORDS U.K.

1. The competent authority shall keep, for 7 years, records of the information referred to in Part I.A. U.K.
2. The investigating laboratory shall keep, for 7 years, all records of testing, in particular laboratory workbooks and, where appropriate, paraffin blocks and photographs of western blots.]] U.K.

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