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

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)