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- Point in Time (26/11/2021)
- Original (As adopted by EU)
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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Version Superseded: 13/12/2022
Point in time view as at 26/11/2021.
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Textual Amendments
F1Substituted 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).
If a TSE is suspected in an ovine or caprine animal on a holding F2... 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
F2Words 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 [F3appropriate 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
F3Words in Annex 7 Ch. 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(45)(b); 2020 c. 1, Sch. 5 para. 1(1)
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 [F4appropriate 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
[F5If 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 (1) .
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
[F6If 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 [F7appropriate 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 [F8Great 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 [F9appropriate 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, [F10nothing 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 [F11Great 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.
[F6Movement 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.
[F6Option 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 [F12appropriate 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.
[F13Nothing 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 [F14appropriate 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 [F15action] 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. [F16Such 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 [F17appropriate 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. [F18Where 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.]
[F6Option 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 [F19appropriate 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 [F20appropriate authority]. If it is concluded that applying option 3 does not ensure a proper control of the outbreak, the [F20appropriate 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.
[F21Any 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:
[F22the 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, [F23the 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, [F24the 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
F4Words 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)
F5Substituted 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).
F6Substituted 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).
F7Words 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)
F8Words 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)
F9Words 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)
F10Words 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)
F11Words 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)
F12Words 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))
F13Words 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))
F14Words 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))
F15Word 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))
F16Words 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))
F17Words 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))
F18Words 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))
F19Words 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))
F20Words 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))
F21Words 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))
F22Words 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 [F25appropriate 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 [F26appropriate authority] so decides, lambs and kids less than three months old on the date of slaughter,
all animals when the [F26appropriate authority] has decided to apply the derogations laid down in points 2.2.2(b)(i) and 2.2.2(c)(i);
if the [F27appropriate 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 [F28Great 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
F25Words 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))
F26Words 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)
F27Words 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)
F28Words 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.
[F29Nothing 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 [F30appropriate 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 [F31United Kingdom] to be slaughtered not later than when they are 12 months of age.
The [F32appropriate 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
F29Words 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))
F30Words 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))
F31Words 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))
F32Words 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, [F33the 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
F34Words 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 F38... 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
F35Inserted 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).
F36Words in Annex 7 Ch. C Pt. 1 point 8 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(54)(a)(iii)(aa); 2020 c. 1, Sch. 5 para. 1(1)
F37Words in Annex 7 Ch. C Pt. 1 point 8 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)(iii)(aa); 2020 c. 1, Sch. 5 para. 1(1)
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.
[F41The 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.
F42...]
Textual Amendments
Textual Amendments
F1Substituted 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).
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