Regulation (EC) No 2160/2003 of the European Parliament and of the CouncilShow full title

Regulation (EC) No 2160/2003 of the European Parliament and of the Council

of 17 November 2003

on the control of salmonella and other specified food-borne zoonotic agents

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 European Economic and Social Committee(2),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),

Whereas:

(1) Live animals and food of animal origin appear on the list in Annex I to the Treaty. Livestock farming and the placing on the market of food of animal origin constitute an important source of income for farmers. The implementation of veterinary measures aimed at raising the level of public and animal health in the Community assists the rational development of the farming sector.

(2) The protection of human health against diseases and infections transmissible directly or indirectly between animals and humans (zoonoses) is of paramount importance.

(3) Zoonoses transmissible through food may cause human suffering, as well as economic losses to food production and the food industry.

(4) Zoonoses transmitted through sources other than food, especially from wild animal and pet animal populations, are also a matter of concern.

(5) Zoonoses present at the level of primary production must be adequately controlled to ensure that the objectives of this Regulation are achieved. However, in the case of primary production leading to the direct supply of small quantities of primary products, by the food business operator producing them, to the final consumer or to local shops, it is appropriate to protect public health through national law. In this case there is a close relationship between the producer and the consumer. Such production should not make a significant contribution to the average prevalence of zoonoses in animal populations in the Community as a whole. The general requirements for sampling and analysis may not be practical or appropriate for producers with very small numbers of animals who may be located in regions suffering from special geographical constraints.

(6) Council Directive 92/117/EEC of 17 December 1992 concerning measures for protection against specified zoonoses and specified zoonotic agents in animals and products of animal origin in order to prevent outbreaks of food-borne infections and intoxications(4) provided for the establishment of monitoring systems for certain zoonoses and controls on salmonella in certain poultry flocks.

(7) That Directive required Member States to submit to the Commission the national measures that they had taken to achieve the objectives of the Directive and to draw up plans for monitoring salmonella in poultry. However, Council Directive 97/22/EC(5) amending Directive 92/117/EEC suspended the requirement pending the review provided for in Article 15a of Directive 92/117/EEC.

(8) Several Member States have already submitted their plans for the monitoring of salmonella, which the Commission has approved. Moreover, all Member States were required, with effect from 1 January 1998, to fulfil the minimum measures laid down for salmonella in Annex III, Section I, to Directive 92/117/EEC, and to establish rules specifying the measures to be taken to avoid the introduction of salmonella on to a farm.

(9) Those minimum measures focused on monitoring and controlling salmonella in breeding flocks of the species Gallus gallus. When serotypes Salmonella enteritidis or Salmonella typhimurium were detected and confirmed in samples taken, Directive 92/117/EEC laid down specific measures to control the infection.

(10) Other Community legislation provides for the monitoring and control of certain zoonoses in animal populations. In particular Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine(6) deals with bovine tuberculosis and bovine brucellosis. Council Directive 91/68/EEC of 28 January 1991 on animal health conditions governing intra-Community trade in ovine and caprine animals(7) deals with ovine and caprine brucellosis. This Regulation should not create any unnecessary duplication of these existing requirements.

(11) Moreover, future Community legislation on food hygiene should cover specific elements necessary for the prevention, control and monitoring of zoonoses and zoonotic agents and include specific requirements for the microbiological quality of food.

(12) Directive 92/117/EEC provided for the collection of data on the occurrence of zoonoses and zoonotic agents in feedingstuffs, animals, food and humans. That data collection system, although not harmonised and therefore not allowing comparison between Member States, does provide a basis for evaluating the current situation concerning zoonoses and zoonotic agents in the Community.

(13) The results of the data collection system show that certain zoonotic agents, namely Salmonella spp. and Campylobacter spp., cause the majority of cases of zoonoses in humans. There seems to be a decreasing trend of human cases of salmonellosis, in particular due to Salmonella enteritidis and Salmonella typhimurium, thus reflecting the success of related control measures taken in the Community. Nevertheless, it is assumed that many cases remain unreported and therefore the data collected do not necessarily give the full picture of the situation.

(14) In its opinion on zoonoses adopted on 12 April 2000, the Scientific Committee on Veterinary Measures relating to Public Health considered that the measures in place at that time to control food-borne zoonotic infections were insufficient. It further considered that the epidemiological data that Member States were collecting were incomplete and not fully comparable. As a consequence, the Committee recommended improved monitoring arrangements and identified risk management options.

(15) It is therefore necessary to improve the existing control systems for specific zoonotic agents. Simultaneously, the rules laid down in Directive 2003/99/EC of the European Parliament and of the Council of 17 November 2003 on the monitoring of zoonoses and zoonotic agents, amending Council Decision 90/424/EEC and repealing Council Directive 92/117/EEC(8) will replace the monitoring and data collection systems established by Directive 92/117/EEC.

(16) In principle, controls should cover the whole food chain, from farm to table.

(17) The rules governing such controls should generally be those laid down under Community legislation on feedingstuffs, animal health and food hygiene.

(18) However, for certain zoonoses and zoonotic agents it is necessary to lay down specific requirements for controls.

(19) Those specific requirements should be based on targets for the reduction of the prevalence of zoonoses and zoonotic agents.

(20) The targets should be established for zoonoses and zoonotic agents in animal populations taking account, in particular, of their frequency and epidemiological trends in animal and human populations, feed and food, their gravity for humans, their potential economic consequences, scientific advice and the existence of appropriate measures to reduce their prevalence. Targets may be established in respect of other parts of the food chain, where necessary.

(21) To ensure the achievement of the targets in good time, Member States should set up specific control programmes, which the Community should approve.

(22) The main responsibility for the safety of food should lie with food and feed business operators. Member States should, therefore, encourage the creation of business-wide control programmes.

(23) Within their control programmes, Member States and food and feed business operators may wish to use specific control methods. However, certain methods may not be acceptable, in particular if they hamper the achievement of the target in general, interfere specifically with necessary testing systems or give rise to potential threats to public health. Appropriate procedures should therefore be laid down enabling the Community to decide that certain control methods should not be used as part of control programmes.

(24) Control methods may also exist or be developed which, as such, do not fall under any specific Community legislation on product approval but would help to achieve the targets for the reduction of the prevalence of specified zoonoses and zoonotic agents. It should, therefore, be possible to approve the use of such methods at Community level.

(25) It will be essential to ensure that restocking of animals takes place from flocks or herds that have been subject to controls in accordance with the requirements of this Regulation. When a specific control programme is in force, the results of testing should be forwarded to purchasers of animals. To that end, specific requirements should be added to the corresponding Community legislation on intra-Community trade and imports from third countries, in particular as regards consignments of live animals and hatching eggs. Directive 64/432/EEC, Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat from third countries(9) and Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs(10) should be amended accordingly.

(26) The adoption of this Regulation should not affect the additional guarantees agreed for Finland and Sweden on their accession to the Community and confirmed by Commission Decisions 94/968/EC(11), 95/50/EC(12), 95/160/EC(13), 95/161/EC(14), 95/168/EC(15) and by Council Decisions 95/409/EC(16), 95/410/EC(17) and 95/411/EC(18). This Regulation should provide a procedure for the granting, for a transitional period, of guarantees to any Member State that has an approved national control programme exceeding the minimum Community requirements in relation to salmonella. The results of tests on live animals and hatching eggs traded with such a Member State should meet the criteria laid down in its national control programme. Future Community legislation on hygiene rules for food of animal origin should provide a similar procedure in respect of meat and table eggs.

(27) Third countries exporting to the Community must implement equivalent measures for the control of zoonoses at the same time as measures are applied in the Community.

(28) As regards control of salmonella, available information tends to show that poultry products are a major source of human salmonellosis. Control measures should, therefore, be applied to production of those products, thus extending the measures initiated under Directive 92/117/EEC. As regards the production of table eggs, it is important to establish specific measures concerning the placing on the market of products originating from flocks that have not been tested free of relevant salmonella. As regards poultry meat, the aim is to place on the market poultry meat with reasonable assurance that it is free from relevant salmonella. A transitional period is necessary for food business operators to adapt to the measures envisaged, which may be adapted further in particular in the light of scientific risk assessment.

(29) It is appropriate to designate national and Community reference laboratories to give guidance and assistance on matters falling within the scope of this Regulation.

(30) To ensure the uniform application of this Regulation, provision should be made for the organisation of Community audits and inspections in accordance with other Community legislation in this field.

(31) Appropriate procedures should be laid down for amending certain provisions of this Regulation to take account of technical and scientific progress and for the adoption of implementing and transitional measures.

(32) To take account of technical and scientific progress, close and effective cooperation should be ensured between the Commission and the Member States within the Standing Committee set up by Regulation (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(19).

(33) 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 procedures for the exercise of implementing powers conferred on the Commission(20),

HAVE ADOPTED THIS REGULATION:

CHAPTER I U.K. INTRODUCTORY PROVISIONS

Article 1 U.K. Subject matter and scope

1. The purpose of this Regulation is to ensure that proper and effective measures are taken to detect and to control salmonella and other zoonotic agents at all relevant stages of production, processing and distribution, particularly at the level of primary production, including in feed, in order to reduce their prevalence and the risk they pose to public health.

2. This Regulation shall cover:

(a) the adoption of targets for the reduction of the prevalence of specified zoonoses in animal populations:

(i)

at the level of primary production; and

(ii)

where appropriate for the zoonosis or zoonotic agent concerned, at other stages of the food chain, including in food and feed;

(b) the approval of specific control programmes established by [F1 competent authorities] and food and feed business operators;

(c) the adoption of specific rules concerning certain control methods applied in the reduction of the prevalence of zoonoses and zoonotic agents;

(d) the adoption of rules concerning [F2 exports to member States] and imports from third countries of certain animals and products thereof.

3. This Regulation shall not apply to primary production:

(a) for private domestic use; or

(b) leading to the direct supply, by the producer, of small quantities of primary products to the final consumer or to local retail establishments directly supplying the primary products to the final consumer.

F3 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. This Regulation shall apply without prejudice to more specific [F4 retained EU law] provisions on animal health, animal nutrition, food hygiene, communicable human diseases, health and safety in the workplace, gene technology and transmissible spongiform encephalopathies.

Textual Amendments

F1 Words in Art. 1(2)(b) substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(2)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 1(2)(d) substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F3 Art. 1(4) omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 1(5) substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 2 U.K. Definitions

For the purposes of this Regulation the following definitions shall apply:

1.

the definitions laid down in Regulation (EC) No 178/2002 [F5 other than the definitions of ‘appropriate authority’ and ‘third country’];

2.

the definitions laid down in Directive 2003/99/EC; and

3.

the following definitions:

(a)

‘herd’ means an animal or group of animals kept on a holding as an epidemiological unit; F6 ...

(b)

‘flock’ means all poultry of the same health status kept on the same premises or in the same enclosure and constituting a single epidemiological unit; in the case of housed poultry, this includes all birds sharing the same airspace;

(c)

[F7 ‘the appropriate authority’ has the meaning given by Article 2A;

(d)

‘constituent territory’ means England, Wales or Scotland, as the case may be;

(e)

‘third country’ means a country or territory outside the British Islands].

Textual Amendments

F5 Words in Art. 2(1) inserted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F6 Word in Art. 2(3)(a) omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(3)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F7 Art. 2(3)(c)-(e) inserted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(3)(b)(ii) (as amended by S.I. 2020/1463, regs. 1(2)(a), 7(2)(a)); 2020 c. 1, Sch. 5 para. 1(1)

[F8 Article 2A U.K. Definition of appropriate authority

1. Subject to paragraph 2, ‘the appropriate authority’ means—

(a) in relation to England, the Secretary of State;

(b) in relation to Scotland, the Scottish Ministers;

(d) in relation to Wales, the Welsh Ministers.

2. But the appropriate authority is the Secretary of State if consent is given by—

(a) in relation to Scotland, the Scottish Ministers;

(c) in relation to Wales, in respect of the power to make regulations under Articles 4, 5, 8 11 and 12, the Welsh Ministers.]

Textual Amendments

F8 Art. 2A inserted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(4) (as amended by S.I. 2020/1463, regs. 1(2)(a), 7(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

Article 3 U.K. Competent authorities

1. [F9 The appropriate authority must] designate a competent authority or competent authorities for the purpose of this Regulation F10 ....

2. The competent authority or authorities shall be responsible in particular for:

(a) drawing up the programmes provided for in Article 5(1) and preparing any amendments thereto which prove necessary, in particular in the light of data and results obtained;

(b) collecting the data needed to evaluate the means used and the results obtained in carrying out the F11 ... control programmes provided for in Article 5 F12 ...;

(c) carrying out regular checks on the premises of food and, if needed, feed businesses for the purpose of checking compliance with this Regulation.

[F13 3. The competent authorities must cooperate with the competent authorities in other constituent territories so as to secure the proper implementation of the requirements of this Regulation.]

Textual Amendments

F9 Words in Art. 3(1) substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(5)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 3(1) omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(5)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F11 Word in Art. 3(2)(b) omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(5)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Art. 3(2)(b) omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(5)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F13 Art. 3(3) inserted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(5)(c); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER II U.K. F14 ...TARGETS

Article 4 U.K. F15 ... Targets for the reduction of the prevalence of zoonoses and zoonotic agents

[F16 1. The appropriate authority may, by regulations, set, modify or omit a target for the reduction of the prevalence of the zoonoses and zoonotic agents listed in Annex 1, column 1, in the animal populations listed in Annex 1, column 2.]

2. The targets referred to in paragraph 1 shall consist at least of:

(a) a numerical expression of:

(i)

the maximum percentage of epidemiological units remaining positive; and/or

(ii)

the minimum percentage of reduction in the number of epidemiological units remaining positive;

(b) the maximum time limit within which the target must be achieved;

(c) the definition of the epidemiological units referred to in (a);

(d) the definition of the testing schemes necessary to verify the achievement of the target; and

(e) the definition, where relevant, of serotypes with public health significance or of other subtypes of zoonoses or zoonotic agents listed in Annex I, column 1, having regard to the general criteria listed in paragraph 6(c) and any specific criteria laid down in Annex III.

F17 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F18 4. Before making regulations under paragraph 1, the appropriate authority must—

(a) publish an analysis of the expected costs and benefits of any new target, taking into account the criteria laid down in paragraph 6(c);

(b) take into account data collected in accordance with Article 3(2)(b).

4A. The competent authority must, if requested to do so by the appropriate authority, assist in the preparation of the analysis referred to in paragraph 4(a).]

F19 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6. F20 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) [F21 The appropriate authority may, by regulations, amend Annex 1 to alter] the requirements regarding the establishment of F22 ... targets by supplementing, restricting or modifying:

(i)

the zoonoses or zoonotic agents;

(ii)

the stages of the food chain; and/or

(iii)

the animal populations concerned.

(c) [F23 Before making regulations under point (b), the appropriate authority must take into account], with respect to the zoonosis or zoonotic agent concerned:

(i)

its frequency in animal and human populations, feed and food;

(ii)

the gravity of its effects for humans;

(iii)

its economic consequences for animal and human health care and for feed and food businesses;

(iv)

epidemiological trends in animal and human populations, feed and food;

(v)

scientific advice;

(vi)

technological developments, particularly relating to the practicality of the available control options; and

(vii)

requirements and trends concerning breeding systems and production methods.

[F24 7. The appropriate authority may, by regulations, amend Annex 3.]

F25 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15 Word in Art. 4 heading omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(7)(a); 2020 c. 1, Sch. 5 para. 1(1)

F16 Art. 4(1) substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(7)(b); 2020 c. 1, Sch. 5 para. 1(1)

F17 Art. 4(3) omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(7)(c); 2020 c. 1, Sch. 5 para. 1(1)

F18 Art. 4(4)(4A) substituted for Art. 4(4) (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(7)(d); 2020 c. 1, Sch. 5 para. 1(1)

F19 Art. 4(5) omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(7)(e); 2020 c. 1, Sch. 5 para. 1(1)

F20 Art. 4(6)(a) omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(7)(f)(i); 2020 c. 1, Sch. 5 para. 1(1)

F21 Words in Art. 4(6)(b) substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(7)(f)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F22 Word in Art. 4(6)(b) omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(7)(f)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F23 Words in Art. 4(6)(c) substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(7)(f)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F24 Art. 4(7) substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(7)(g); 2020 c. 1, Sch. 5 para. 1(1)

F25 Art. 4(8) omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(7)(h); 2020 c. 1, Sch. 5 para. 1(1)

F26 Art. 4(9) omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(7)(h); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F14 Word in Ch. 2 heading omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(6); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER III U.K. CONTROL PROGRAMMES

Article 5 U.K. F27 ... Control programmes

1. [F28 To achieve a target set in accordance with Article 4, the competent authority must establish a control programme.] F29 ... Control programmes shall have regard to the geographical distribution of zoonoses within [F30 the constituent territory] and to the financial implications for primary producers and feed and food business operators of establishing effective controls.

2. F31 ... Control programmes shall be continuous and cover a period of at least three consecutive years.

3. F32 ... Control programmes shall:

(a) provide for the detection of zoonoses and zoonotic agents in accordance with the requirements and minimum sampling rules laid down in Annex II;

(b) define the respective responsibilities of competent authorities and food and feed business operators;

(c) specify the control measures to be taken following the detection of zoonoses and zoonotic agents, in particular to protect public health, including implementation of the specific measures laid down in Annex II;

(d) allow for the progress under their provisions to be evaluated and for those programmes to be reviewed, in particular in the light of results obtained from the detection of zoonoses and zoonotic agents.

4. F33 ... Control programmes shall cover at least the following stages of the food chain:

(a) feed production;

(b) primary production of animals;

(c) processing and preparation of food of animal origin.

5. F34 ... Control programmes shall contain, where relevant, the provisions laid down in relation to testing methods and criteria against which the results of these tests shall be assessed, for testing animals and hatching eggs despatched within the [F35 constituent] territory, as part of the official controls provided for in Annex II, part A.

[F36 6. The appropriate authority may, by regulations, amend the requirements and minimum sampling rules laid down in Annex 2.

6A. Before making regulations under paragraph 6, the appropriate authority must take into account the criteria listed in Article 4(6)(c).]

7. [F37 Within six months of the establishment of a target under Article 4, the competent authority must submit its control programme to the appropriate authority and set out the measures to be implemented.]

F38 ...

Textual Amendments

F27 Word in Art. 5 heading omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(8)(a); 2020 c. 1, Sch. 5 para. 1(1)

F28 Words in Art. 5(1) substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(8)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F29 Word in Art. 5(1) omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(8)(b)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F30 Words in Art. 5(1) substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(8)(b)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F31 Word in Art. 5(2) omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(8)(c); 2020 c. 1, Sch. 5 para. 1(1)

F32 Word in Art. 5(3) omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(8)(c); 2020 c. 1, Sch. 5 para. 1(1)

F33 Word in Art. 5(4) omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(8)(c); 2020 c. 1, Sch. 5 para. 1(1)

F34 Word in Art. 5(5) omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(8)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F35 Word in Art. 5(5) substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(8)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F36 Art. 5(6)(6A) substituted for Art. 5(6) (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(8)(e); 2020 c. 1, Sch. 5 para. 1(1)

F37 Words in Art. 5(7) substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(8)(f)(i); 2020 c. 1, Sch. 5 para. 1(1)

F38 Words in Art. 5(7) omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(8)(f)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[F39 Article 6 U.K. Approval of control programmes

1. After the competent authority submits a control programme in accordance with Article 5, the appropriate authority must establish whether it complies with this Regulation.

2. After establishing the conformity of a control programme, the appropriate authority must approve the programme.

3. Amendments to a previously approved programme may be approved to take account of the evolution of the situation in the constituent territory, in particular in the light of the results referred to in Article 5(3)(d).]

Textual Amendments

F39 Art. 6 substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(9) (with reg. 18); 2020 c. 1, Sch. 5 para. 1(1)

Article 7 U.K. Food and feed business operators' control programmes

1. Food and feed business operators, or organisations representing such operators, may establish [F40 operator] control programmes, covering, as far as possible, all stages of production, processing and distribution.

2. If they wish their [F41 operator] control programmes to form part of a F42 ... control programme, food and feed business operators, or their representative organisations, shall submit their [F41 operator] control programmes, and any amendments thereto, to the competent authority of the [F43 constituent territory] in which they are located for approval. If the operations concerned take place in [F44 more than one constituent territory], the programmes shall be approved separately for [F45 each territory].

3. The competent authority may approve [F46 operator] control programmes submitted pursuant to paragraph 2 only if it is satisfied that the [F47 operator] control programmes comply with the relevant requirements set out in Annex II and with the objectives of the relevant [F48 control programme established under Article 5].

4. [F49 The competent authority must] maintain up-to-date lists of approved [F50 operator] control programmes of food and feed business operators or their representative organisations. The lists shall be made available to [F51 the appropriate authority] upon request.

5. Food and feed business operators or their representative organisations shall communicate regularly the results of their [F52 operator] control programmes to the competent authorities.

Textual Amendments

F40 Word in Art. 7(1) inserted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(10)(a); 2020 c. 1, Sch. 5 para. 1(1)

F41 Word in Art. 7(2) inserted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(10)(b)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F42 Word in Art. 7(2) omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(10)(b)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F43 Words in Art. 7(2) substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(10)(b)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)

F44 Words in Art. 7(2) substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(10)(b)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F45 Words in Art. 7(2) substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(10)(b)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F46 Word in Art. 7(3) inserted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(10)(c)(i) (with reg. 19); 2020 c. 1, Sch. 5 para. 1(1)

F47 Word in Art. 7(3) inserted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(10)(c)(ii) (with reg. 19); 2020 c. 1, Sch. 5 para. 1(1)

F48 Words in Art. 7(3) substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(10)(c)(iii) (with reg. 19); 2020 c. 1, Sch. 5 para. 1(1)

F49 Words in Art. 7(4) substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(10)(d)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F50 Word in Art. 7(4) inserted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(10)(d)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F51 Words in Art. 7(4) substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(10)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F52 Word in Art. 7(5) inserted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(10)(e); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER IV U.K. CONTROL METHODS

Article 8 U.K. Specific control methods

[F53 1. The appropriate authority may, by regulations—

(a) require or permit specific control methods for the reduction of prevalence of zoonoses and zoonotic agents to be applied at the stage of the primary production of animals and other stages in the food chain;

(b) prescribe certain specific control methods that may not be used as part of control programmes.

1A. Regulations under paragraph 1(a) may, in respect of those specific control methods—

(a) set conditions for their use;

(b) specify documents, procedures and minimum requirements.]

2. The provisions referred to in [F54 paragraphs 1(a) and 1A do] not apply to methods using substances or techniques covered by [F55 retained EU law] on animal nutrition, food additives or veterinary medicinal products.

Textual Amendments

F53 Art. 8(1)(1A) substituted for Art. 8(1) (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(11)(a); 2020 c. 1, Sch. 5 para. 1(1)

F54 Words in Art. 8(2) substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(11)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F55 Words in Art. 8(2) substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(11)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER V U.K. TRADE

F56 Article 9 U.K. Intra-Community trade

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F56 Art. 9 omitted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(12) (as substituted by S.I. 2020/1463, regs. 1(2)(a), 7(2)(c)); 2020 c. 1, Sch. 5 para. 1(1)

Article 10 U.K. Imports from third countries

1. F57 ... Admission to or retention on the lists of third countries provided for in [F58 retained EU law], for the relevant species or category, from which [F59 importation of] animals or hatching eggs covered by this Regulation [F60 is authorised] shall be subject to submission to the [F61 Secretary of State] by the third country concerned of a programme equivalent to those provided for under Article 5 and its approval in accordance with this Article. The programme shall give details of the guarantees offered by that country as regards inspections and controls for zoonoses and zoonotic agents. Those guarantees must be at least equivalent to the guarantees provided for by this Regulation. F62 ...

[F63 2. The Secretary of State may, by regulations, amend the list of third countries provided for in retained EU law referred to in paragraph 1.

2A. Before making regulations under paragraph 2 to add to the list, the Secretary of State must be satisfied that the programme which has been submitted meets the requirements set out in paragraph 1.]

F64 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. Flocks and herds of origin of species listed in Annex I, column 2, shall be tested prior to any dispatching of the live animals or hatching eggs from the food business of origin. Flocks and herds shall be tested for the zoonoses and zoonotic agents listed in Annex I, column 1 F65 .... [F66 The date and result of testing must be included in any import certificates which are required for the importation into Great Britain of live animals or hatching eggs.]

[F67 4. The Secretary of State may by regulations specify additional zoonoses or zoonotic agents which, for the purposes of paragraph 4, are to be treated as if they are listed in Annex 1, column 1.

4B. The Secretary of State may not make regulations under paragraph 4A unless satisfied it is necessary to do so in order to achieve the objective of equivalent guarantees laid down in paragraph 1.]

F68 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6. Admission to or retention on the lists of third countries provided for in [F69 retained EU law], for the relevant category of products, from which [F70 importation of] those products covered by this Regulation [F71 is authorised] shall be subject to submission to the [F72 Secretary of State] by the third country concerned of guarantees equivalent to those provided for by this Regulation.

Textual Amendments

F57 Words in Art. 10(1) omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(13)(a)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F58 Words in Art. 10(1) substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(13)(a)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F59 Words in Art. 10(1) substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(13)(a)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)

F60 Words in Art. 10(1) inserted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(13)(a)(i)(dd); 2020 c. 1, Sch. 5 para. 1(1)

F61 Words in Art. 10(1) substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(13)(a)(i)(ee); 2020 c. 1, Sch. 5 para. 1(1)

F62 Words in Art. 10(1) omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(13)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F63 Art. 10(2)(2A) substituted for Art. 10(2) (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(13)(b); 2020 c. 1, Sch. 5 para. 1(1)

F64 Art. 10(3) omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(13)(c); 2020 c. 1, Sch. 5 para. 1(1)

F65 Words in Art. 10(4) omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(13)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F66 Words in Art. 10(4) substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(13)(d)(ii) (as amended by S.I. 2020/1463, regs. 1(2)(a), 7(2)(d)); 2020 c. 1, Sch. 5 para. 1(1)

F67 Art. 10(4A)(4B) inserted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(13)(e); 2020 c. 1, Sch. 5 para. 1(1)

F68 Art. 10(5) omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(13)(f); 2020 c. 1, Sch. 5 para. 1(1)

F69 Words in Art. 10(6) substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(13)(g)(i); 2020 c. 1, Sch. 5 para. 1(1)

F70 Words in Art. 10(6) substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(13)(g)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F71 Words in Art. 10(6) inserted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(13)(g)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F72 Words in Art. 10(6) substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(13)(g)(iv); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER VI U.K. LABORATORIES

Article 11 U.K. Reference laboratories

F73 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F74 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. [F75 The appropriate authority may] designate F76 ... reference laboratories for the analysis and testing of zoonoses and zoonotic agents listed in Annex I, column 1. F77 ...

[F78 4. The appropriate authority may, by regulations, make provision regarding—

(a) the responsibilities and tasks of reference laboratories;

(b) coordination between reference laboratories and laboratories designated under Article 12(1)(a).]

Textual Amendments

F73 Art. 11(1) omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(14)(a) (with reg. 20); 2020 c. 1, Sch. 5 para. 1(1)

F74 Art. 11(2) omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(14)(a) (with reg. 20); 2020 c. 1, Sch. 5 para. 1(1)

F75 Words in Art. 11(3) substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(14)(b)(i)(aa) (with reg. 20); 2020 c. 1, Sch. 5 para. 1(1)

F76 Word in Art. 11(3) omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(14)(b)(i)(bb) (with reg. 20); 2020 c. 1, Sch. 5 para. 1(1)

F77 Words in Art. 11(3) omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(14)(b)(ii) (with reg. 20); 2020 c. 1, Sch. 5 para. 1(1)

F78 Art. 11(4) substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(14)(b)(iii) (with reg. 20); 2020 c. 1, Sch. 5 para. 1(1)

Article 12 U.K. Approval of laboratories, quality requirements and approved testing methods

1. Laboratories participating in control programmes pursuant to Articles 5 and 7 shall, for the purposes of analysing samples to test for the presence of zoonoses and zoonotic agents referred to in Annex I, column 1:

(a) be designated by the competent authority; and

(b) apply quality assurance systems that conform to the requirements of the current [F79 ISO] standard at the latest F80 ... within 24 months of the addition of new zoonoses or zoonotic agents to Annex I, column 1.

2. Laboratories shall regularly participate in collaborative testing organised or coordinated by the F81 ... reference laboratory.

3. [F82 Subject to paragraph 4,] testing for the presence of zoonoses and zoonotic agents referred to in Annex I, column 1, shall be carried out using the methods and protocols recommended by international standardisation bodies, as reference methods.

Alternative methods may be used if they have been validated in accordance with internationally recognised rules and offer equivalent results to those obtained by the relevant reference method.

F83 ...

[F84 4. Where in the opinion of the appropriate authority it is necessary to do so, the appropriate authority may, by regulations, approve other methods for testing.]

Textual Amendments

F79 Word in Art. 12(1)(b) substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(15)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F80 Words in Art. 12(1)(b) omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(15)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F81 Word in Art. 12(2) omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(15)(b); 2020 c. 1, Sch. 5 para. 1(1)

F82 Words in Art. 12(3) inserted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(15)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F83 Words in Art. 12(3) omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(15)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F84 Art. 12(4) inserted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(15)(d); 2020 c. 1, Sch. 5 para. 1(1)

F85 CHAPTER VII U.K. IMPLEMENTATION

[F86 Article 13 U.K. Implementing and transitional measures

F85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other implementing or transitional measures may be adopted in accordance with the regulatory procedure referred to in Article 14(2).]

F85 Article 14 U.K. Committee procedure

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F85 Article 15 U.K. Consultation of the European Food Safety Authority

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F85 Article 16 U.K. Report on financial arrangements

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F85 Ch. 7 omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(16); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER VIII U.K. GENERAL AND FINAL PROVISIONS

F87 Article 17 U.K. Community controls

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87 Art. 17 omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(17); 2020 c. 1, Sch. 5 para. 1(1)

[F88 Article 17A U.K. Regulations: devolved legislative functions

1. This Article applies to regulations made under Article 4, 5, 8, 11 or 12.

2. Regulations made by the Secretary of State or the Welsh Ministers are to be made by statutory instrument.

3. For regulations made by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010.

5. A statutory instrument containing regulations made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.

6. A statutory instrument containing regulations made by the Welsh Ministers is subject to annulment in pursuance of a resolution of the Welsh Parliament.

7. Regulations made by the Scottish Ministers are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

9. Such regulations 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.]

Textual Amendments

F88 Arts. 17A, 17B inserted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(18) (as amended by S.I. 2020/1463, regs. 1(2)(a), 7(2)(e)); 2020 c. 1, Sch. 5 para. 1(1)

[F88 Article 17B U.K. Regulations: consent required

1. This Article applies to regulations made under Article 10.

2. The Secretary of State may only make regulations in relation to the whole of Great Britain.

3. The Secretary of State may not make regulations without the consent of—

(a) in relation to Wales, the Welsh Ministers;

(b) in relation to Scotland, the Scottish Ministers.

4. Where either of the parties mentioned in paragraph (a) or (b) requests that the Secretary of State make regulations to which this Article applies, the Secretary of State must have regard to that request.

5. Regulations made by the Secretary of State are to be made by statutory instrument.

6. A statutory instrument containing regulations is subject to annulment in pursuance of a resolution of either House of Parliament.

7. Such regulations 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.]

Textual Amendments

F88 Arts. 17A, 17B inserted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(18) (as amended by S.I. 2020/1463, regs. 1(2)(a), 7(2)(e)); 2020 c. 1, Sch. 5 para. 1(1)

Article 18 U.K. Entry into force

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

It shall apply as from six months following its entry into force.

F89 ...

Textual Amendments

F89 Words in Signature omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(19); 2020 c. 1, Sch. 5 para. 1(1)

ANNEX I U.K.

Specified zoonoses and zoonotic agents for which F90 ... targets for the reduction of prevalence [F91 may] be established pursuant to Article 4

F92 . . .
1. Zoonosis or zoonotic agent	2. Animal population	3. Stage of food chain	F93 ...	F93 ...
All salmonella serotypes with public health significance	Breeding flocks of Gallus gallus	Primary production	F93 . . .	F93 . . .
All salmonella serotypes with public health significance	Laying hens	Primary production	F93 . . .	F93 . . .
All salmonella serotypes with public health significance	Broilers	Primary production	F93 . . .	F93 . . .
All salmonella serotypes with public health significance	Turkeys	Primary production	F93 . . .	F93 . . .
All salmonella serotypes with public health significance	Herds of slaughter pigs	Slaughter	F93 . . .	F93 . . .
All salmonella serotypes with public health significance	Breeding herds of pigs	Primary production	F93 . . .	F93 . . .

Textual Amendments

F90 Word in Annex 1 table heading omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(20)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F91 Word in Annex 1 table heading substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(20)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F92 Words in Annex 1 table omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(20)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F93 Words in Annex 1 table omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(20)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

ANNEX II U.K. CONTROL OF ZOONOSES AND ZOONOTIC AGENTS LISTED IN ANNEX I

A. General requirements for F94 ... control programmes U.K.

The programme must take into account the nature of the zoonosis and/or zoonotic agent concerned and the specific situation in the [F95 constituent territory]. It must:

Textual Amendments

F95 Words in Annex 2 Pt. A substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(23)(a); 2020 c. 1, Sch. 5 para. 1(1)

(a)

state the aim of the programme taking into consideration the importance of the zoonosis or zoonotic agent concerned;

(b)

comply with the minimum sampling requirements laid down in part B;

(c)

where relevant, comply with the specific requirements laid down in parts C to E; and

(d)

specify the following points:

1

1. General U.K.

1.1. The occurrence of the zoonosis or zoonotic agent concerned in the [F96 constituent territory]. U.K.

Textual Amendments

F96 Words in Annex 2 Pt. A point 1.1 substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(23)(b); 2020 c. 1, Sch. 5 para. 1(1)

1.2. The geographical area or, where appropriate, the epidemiological units, in which the programme will be implemented. U.K.

1.3. The structure and organisation of the relevant competent authorities. U.K.

1.4. Approved laboratories where samples collected within the programme are analysed. U.K.

1.5. Methods used in the examination of the zoonosis or zoonotic agent. U.K.

1.6. Official controls (including sampling schemes) at feed, flock and/or herd level. U.K.

1.7. Official controls (including sampling schemes) at other stages of the food chain. U.K.

1.8. Measures taken by the competent authorities with regard to animals or products in which zoonoses or zoonotic agents have been detected, in particular to protect public health; and any preventive measures taken, such as vaccination. U.K.

1.9. Relevant [F97 legislation] concerning the activities referred to in Article 1(3)(b). U.K.

Textual Amendments

F97 Word in Annex 2 Pt. A point 1.9 substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(23)(c); 2020 c. 1, Sch. 5 para. 1(1)

1.10. Any financial assistance provided to food and feed businesses in the context of the F98 ... control programme; U.K.

Textual Amendments

F98 Word in Annex 2 Pt. A point 1.10 omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(23)(d); 2020 c. 1, Sch. 5 para. 1(1)

2. Concerning food and feed businesses covered by the programme U.K.

2.1. The structure of the production of the given species and products thereof. U.K.

2.2. The structure of the production of feed. U.K.

2.3. Relevant guides for good animal husbandry practices or other guidelines (mandatory or voluntary) defining at least: U.K.

• hygiene management at farms,

• measures to prevent incoming infections carried by animals, feed, drinking water, people working at farms, and

• hygiene in transporting animals to and from farms.

2.4. Routine veterinary supervision of farms. U.K.

2.5. Registration of farms. U.K.

2.6. Record-keeping at farms. U.K.

2.7. Documents to accompany animals when dispatched. U.K.

2.8. Other relevant measures to ensure the traceability of animals. U.K.

Textual Amendments

F96 Words in Annex 2 Pt. A point 1.1 substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(23)(b); 2020 c. 1, Sch. 5 para. 1(1)

F97 Word in Annex 2 Pt. A point 1.9 substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(23)(c); 2020 c. 1, Sch. 5 para. 1(1)

F98 Word in Annex 2 Pt. A point 1.10 omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(23)(d); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F94 Word in Annex 2 Pt. A heading omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(22); 2020 c. 1, Sch. 5 para. 1(1)

B. Minimum sampling requirements U.K.

1. After the relevant control programme referred to in Article 5 has been approved, food business operators must have samples taken and analysed to test for the zoonoses and zoonotic agents listed in Annex I, column 1, respecting the minimum sampling requirements set out in the following table. U.K.

a The results of the analysis on the samples must be known before the animals leave for the slaughterhouse.
1. Zoonosis or zoonotic agent	2. Animal population	3. Phases of production which sampling must cover
All salmonella serotypes with public health significance	Breeding flocks of Gallus gallus:
	— rearing flocks	— day-old chicks
		— four-week-old birds
		— two weeks before moving to laying phase or laying unit
	— adult breeding flocks	— every second week during the laying period
All salmonella serotypes with public health significance	Laying hens:
	— rearing flocks	— day-old chicks
		— pullets two weeks before moving to laying phase or laying unit
	— laying flocks	— every 15 weeks during the laying phase
All salmonella serotypes with public health significance	Broilers	— birds leaving for slaughtera
All salmonella serotypes with public health significance	Turkeys	— birds leaving for slaughtera
All salmonella serotypes with public health significance	Herds of pigs:
	— breeding pigs	— animals leaving for slaughter or carcases at the slaughterhouse
	— slaughter pigs	— animals leaving for slaughter or carcases at the slaughterhouse

2. The requirements laid down in point 1 are without prejudice to the requirements of [F99 retained EU law] concerning ante mortem inspection. U.K.

Textual Amendments

F99 Words in Annex 2 Pt. B point 2 substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(24); 2020 c. 1, Sch. 5 para. 1(1)

3. The results of the analysis must be recorded, together with the following information: U.K.

(a)

date and place of sampling; and

(b)

identification of the flock/herd.

4. Immunological testing may not be used if the animals have been vaccinated, unless it has been proven that the vaccine used does not interfere with the testing method applied. U.K.

[F100 C. Specific requirements concerning breeding flocks of Gallus gallus and breeding turkeys U.K.

1. The measures laid down in points 3 to 5 must be taken whenever the analysis of samples taken in accordance with part B, or in accordance with the testing schemes set out in the Annexes to [F101 Commission Regulations (EC) No 200/2010 and (EC) No 1190/2012], indicates the presence of Salmonella Enteritidis or Salmonella Typhimurium in a breeding flock of Gallus gallus or breeding turkeys in the circumstances set out in point 2.] U.K.

Textual Amendments

F101 Words in Annex 2 Pt. C point 1 substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(25)(a); 2020 c. 1, Sch. 5 para. 1(1)

2.

(a)

If the competent authority has approved the method of analysis used for samples taken in accordance with part B, it may require that the measures laid down in points 3 to 5 be taken when such analysis detects the presence of Salmonella enteritidis or Salmonella typhimurium.

(b)

Otherwise, the measures laid down in points 3 to 5 must be taken whenever the competent authority confirms a suspicion of the presence of Salmonella enteritidis or Salmonella typhimurium arising from the analysis of samples carried out in accordance with part B.

3. Non-incubated eggs from the flock must be destroyed. U.K.

However, such eggs may be used for human consumption if they are treated in a manner that guarantees the elimination of Salmonella enteritidis and Salmonella typhimurium in accordance with [F102 retained EU law] on food hygiene.

Textual Amendments

F102 Words in Annex 2 Pt. C point 3 substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(25)(b); 2020 c. 1, Sch. 5 para. 1(1)

4. All birds, including day-old chicks, in the flock must be slaughtered or destroyed so as to reduce as much as possible the risk of spreading salmonella. Slaughtering must be carried out in accordance with [F103 retained EU law] on food hygiene. Products derived from such birds may be placed on the market for human consumption in accordance with [F103 retained EU law] on food hygiene and F104 ... part E. If not destined for human consumption, such products must be used or disposed of in accordance with [F105 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.] U.K.

Textual Amendments

F103 Words in Annex 2 Pt. C point 4 substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(25)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F104 Words in Annex 2 Pt. C point 4 omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(25)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F105 Words in Annex 2 Pt. C point 4 substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(25)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)

5. Where eggs for hatching from flocks in which Salmonella enteritidis or Salmonella typhimurium is present are still present in a hatchery, they must be destroyed or treated in accordance with Regulation (EC) No [F106 1069/2009]. U.K.

Textual Amendments

F106 Word in Annex 2 Pt. C point 5 substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(25)(d); 2020 c. 1, Sch. 5 para. 1(1)

[F107 6. All references in this section to ‘ Salmonella Typhimurium ’ shall also include monophasic Salmonella Typhimurium with the antigenic formula [X1 1 ,4,[5],12:i:-].] U.K.

Editorial Information

X1 Substituted by Corrigendum to Commission Regulation (EU) No 517/2011 of 25 May 2011 implementing Regulation (EC) No 2160/2003 of the European Parliament and of the Council as regards a Union target for the reduction of the prevalence of certain Salmonella serotypes in laying hens of Gallus gallus and amending Regulation (EC) No 2160/2003 and Commission Regulation (EU) No 200/2010 (Official Journal of the European Union L 138 of 26 May 2011).

Textual Amendments

F107 Inserted by Commission Regulation (EU) No 517/2011 of 25 May 2011 implementing Regulation (EC) No 2160/2003 of the European Parliament and of the Council as regards a Union target for the reduction of the prevalence of certain Salmonella serotypes in laying hens of Gallus gallus and amending Regulation (EC) No 2160/2003 and Commission Regulation (EU) No 200/2010 (Text with EEA relevance).

Textual Amendments

F100 Substituted by Commission Regulation (EC) No 213/2009 of 18 March 2009 amending Regulation (EC) No 2160/2003 of the European Parliament and of the Council and Regulation (EC) No 1003/2005 as regards the control and testing of Salmonella in breeding flocks of Gallus gallus and turkeys (Text with EEA relevance).

[F108 D. Specific requirements concerning flocks of laying hens U.K.

1. Eggs shall not be used for direct human consumption as table eggs unless they originate from a commercial flock of laying hens subject to a F109 ... control programme established under Article 5 and not under official restriction. U.K.

Textual Amendments

F109 Word in Annex 2 Pt. D point 1 omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(26)(a); 2020 c. 1, Sch. 5 para. 1(1)

2. Eggs originating from flocks with unknown health status, that are suspected of being infected or that are infected with Salmonella serotypes for which a target for reduction has been set or which were identified as the source of infection in a specific human foodborne outbreak, may be used for human consumption only if treated in a manner that guarantees the destruction of all Salmonella serotypes with public health significance in accordance with [F110 retained EU law] on food hygiene. U.K.

Eggs originating from flocks with unknown health status, that are suspected of being infected or that are infected with Salmonella serotypes for which a target for reduction has been set or which were identified as the source of infection in a specific human foodborne outbreak, shall be:

(a)

considered as Class B eggs as defined in Article 2(4) of [F111 Commission Regulation (EC) No 589/2008 laying down detailed rules for implementing Council Regulation (EC) No 1234/2007 as regards marketing standards for eggs;]

(b)

marked with the indication referred to in Article 10 of Commission Regulation (EC) No [F112 589/2008] which clearly distinguishes them from Class A eggs prior to being placed on the market;

(c)

prohibited access to packaging centres unless the competent authority is satisfied with the measures to prevent possible cross-contamination of eggs from other flocks.

Textual Amendments

F111 Words in Annex 2 Pt. D point 2 substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(26)(b)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F112 Word in Annex 2 Pt. D point 2 substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(26)(b)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F110 Words in Annex 2 Pt. D point 2 substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(26)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

3. When birds from infected flocks are slaughtered or destroyed, steps must be taken to reduce the risk of spreading zoonoses as far as possible. Slaughtering shall be carried out in accordance with [F113 retained EU law] on food hygiene. Products derived from such birds may be placed on the market for human consumption in accordance with [F113 retained EU law] on food hygiene and F114 ... part E. If not destined for human consumption, such products must be used or disposed of in accordance with Regulation (EC) No [F115 1069/2009]. U.K.

Textual Amendments

F113 Words in Annex 2 Pt. D point 3 substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(26)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F114 Words in Annex 2 Pt. D point 3 omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(26)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F115 Word in Annex 2 Pt. D point 3 substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(26)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)

4. In order to exclude false-positive initial results, the competent authority may lift the restrictions laid down in point 2 of this Part: U.K.

(a)

when the flock of layers is not the source of infection for humans by the consumption of eggs or egg products F116 ...; and

(b)

where the flock is subjected to a F117 ... control programme established under Article 5 and Salmonella serotypes for which a target for reduction has been set, is not confirmed by the following sampling protocol carried out by the competent authority:

(i)

the technical specifications [F118 that were presented at the meeting of the Standing Committee on the Food Chain and Animal Health on 15 July 2004]; however, a sub-sample of 25 grams must be collected of each faecal material and dust sample for analysis; all samples must be analysed separately;

or

(ii)

bacteriological investigation of the caeca and oviducts of 300 birds;

or

(iii)

bacteriological investigation of the shell and the content of 4 000 eggs of each flock in pools of maximum 40 eggs.

Textual Amendments

F116 Words in Annex 2 Pt. D point 4 omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(26)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F117 Word in Annex 2 Pt. D point 4 omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(26)(d)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F118 Words in Annex 2 Pt. D point 4 substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(26)(d)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

In addition to the sampling in point (b), the competent authority shall verify the absence of the use of antimicrobials, potentially affecting the result of the analyses of the sampling.]

Textual Amendments

F108 Substituted by Commission Regulation (EC) No 1237/2007 of 23 October 2007 amending Regulation (EC) No 2160/2003 of the European Parliament and of the Council and Decision 2006/696/EC as regards the placing on the market of eggs from Salmonella infected flocks of laying hens (Text with EEA relevance).

E. Specific requirement concerning fresh meat U.K.

[F119 1. F120 ... Fresh poultry meat from animal populations listed in Annex I shall meet the relevant microbiological criterion set out in Row 1.28 of Chapter 1 of Annex I to Commission Regulation (EC) No 2073/2005(21).] U.K.

Textual Amendments

F120 Words in Annex 2 Pt. E point 1 omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(27)(a); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F119 Substituted by Commission Regulation (EU) No 1086/2011 of 27 October 2011 amending Annex II to Regulation (EC) No 2160/2003 of the European Parliament and of the Council and Annex I to Commission Regulation (EC) No 2073/2005 as regards salmonella in fresh poultry meat (Text with EEA relevance).

2. F121 ... U.K.

Textual Amendments

F121 Annex 2 Pt. E point 2 omitted (31.12.2020) by virtue of The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(27)(b); 2020 c. 1, Sch. 5 para. 1(1)

3. The criterion laid down in paragraph 1 does not apply to fresh poultry meat destined for industrial heat treatment or another treatment to eliminate salmonella in accordance with [F122 retained EU law] on food hygiene. U.K.

Textual Amendments

F122 Words in Annex 2 Pt. E point 3 substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(27)(c); 2020 c. 1, Sch. 5 para. 1(1)

ANNEX III U.K. Specific criteria to determine salmonella serotypes with public health significance

When determining which are the salmonella serotypes with public health significance to which [F123 targets] apply, account must be taken of the following criteria:

Textual Amendments

F123 Word in Annex 3 substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(28)(a); 2020 c. 1, Sch. 5 para. 1(1)

1.

the most frequent salmonella serotypes in human salmonellosis on the basis of data collected [F124 by the appropriate authority's] monitoring systems;

2.

the route of infection (that is, the presence of the serotype in relevant animal populations and feed);

3.

whether any serotype shows a rapid and recent ability to spread and to cause disease in humans and animals;

4.

whether any serotypes show increased virulence, for instance as regards invasiveness, or resistance to relevant therapies for human infections.

Textual Amendments

F124 Words in Annex 3 point 1 substituted (31.12.2020) by The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/740), regs. 1, 3(28)(b); 2020 c. 1, Sch. 5 para. 1(1)

(1)

OJ C 304 E, 30.10.2001, p. 260.

(2)

OJ C 94, 18.4.2002, p. 18.

(3)

Opinion of the European Parliament of 15 May 2002 (OJ C 180 E, 31.7.2003, p. 160), Council Common Position of 20 February 2003 (OJ C 90 E, 15.4.2003, p. 25) and Position of the European Parliament of 19 June 2003 (not yet published in the Official Journal). Council Decision of 29 September 2003.

(4)

OJ L 62, 15.3.1993, p. 38. Directive as last amended by Council Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(5)

OJ L 113, 30.4.1997, p. 9.

(6)

OJ 121, 29.7.1964, p. 1977/64. Directive as last amended by Commission Regulation (EC) No 1226/2002 (OJ L 179, 9.7.2002, p. 13).

(7)

OJ L 46, 19.2.1991, p. 19. Directive as last amended by Regulation (EC) No 806/2003.

(8)

See page 31 of this Official Journal.

(9)

OJ L 302, 31.12.1972, p. 28. Directive as last amended by Commission Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

(10)

OJ L 303, 31.10.1990, p. 6. Directive as last amended by Regulation (EC) No 806/2003.

(11)

OJ L 371, 31.12.1994, p. 36.

(12)

OJ L 53, 9.3.1995, p. 31.

(13)

OJ L 105 9.5.1995, p. 40. Decision as last amended by Decision 97/278/EC (OJ L 110, 26.4.1997, p. 77).

(14)

OJ L 105, 9.5.1995, p. 44. Decision as last amended by Decision 97/278/EC.

(15)

OJ L 109, 16.5.1995, p. 44. Decision as last amended by Decision 97/278/EC.

(16)

OJ L 243, 11.10.1995, p. 21. Decision as last amended by Decision 98/227/EC (OJ L 87, 21.3.1998, p. 14).

(17)

OJ L 243, 11.10.1995, p. 25. Decision as last amended by Decision 98/227/EC.

(18)

OJ L 243, 11.10.1995, p. 29. Decision as last amended by Decision 98/227/EC.

(19)

OJ L 31, 1.2.2002, p. 1.

(20)

OJ L 184, 17.7.1999, p. 23.

(21)

[F119 OJ L 338, 22.12.2005, p. 1 .]

Textual Amendments

F119 Substituted by Commission Regulation (EU) No 1086/2011 of 27 October 2011 amending Annex II to Regulation (EC) No 2160/2003 of the European Parliament and of the Council and Annex I to Commission Regulation (EC) No 2073/2005 as regards salmonella in fresh poultry meat (Text with EEA relevance).