Commission Implementing Regulation (EU) 2015/1375Show full title

CHAPTER I U.K. GENERAL PROVISION

Article 1 U.K. Definitions

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

(1)

‘Trichinella’ means any nematode belonging to the species of the genus Trichinella;

(2)

‘controlled housing conditions’ means a type of animal husbandry where swine are kept at all times under conditions controlled by the food business operator with regard to feeding and housing;

(3)

‘compartment’ means a group of holdings which apply controlled housing conditions. All holdings applying controlled housing conditions F1 ... may be considered as one compartment.

Textual Amendments

F1 Words in Art. 1(3) omitted (31.12.2020) by virtue of S.I. 2019/640, reg. 51B (as inserted by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(14))

CHAPTER II U.K. OBLIGATIONS OF COMPETENT AUTHORITIES AND OF FOOD BUSINESS OPERATORS

Article 2 U.K. Sampling of carcasses

1. Carcasses of domestic swine shall be sampled in slaughterhouses as part of the post-mortem examination as follows:

(a) all carcasses of breeding sows and boars or at least 10 % of carcasses of animals sent in for slaughter each year from each holding that is officially recognised as applying controlled housing conditions, shall be examined for Trichinella;

(b) all carcasses from holdings that are not officially recognised as applying controlled housing conditions shall be systematically examined for Trichinella.

A sample shall be collected from each carcass and the sample shall be examined for Trichinella, in a laboratory designated by the competent authority, using one of the following methods of detection:

(a) the reference method of detection set out in Chapter I of Annex I; or

(b) an equivalent method of detection set out in Chapter II of Annex I.

2. Carcasses of horses, wild boar and other farmed and wild animal species susceptible to Trichinella infestation shall be systematically sampled in slaughterhouses or game-handling establishments as part of the post-mortem examination.

A sample shall be collected from each carcass and the sample shall be examined in accordance with Annexes I and III in a laboratory designated by the competent authority.

3. Pending the results of the Trichinella examination and provided full traceability is guaranteed by the food business operator, carcasses of domestic swine and of horses may be cut up into a maximum of six parts in a slaughterhouse or in a cutting plant on the same premises.

[ F2 . . . . .]

Textual Amendments

F2 Deleted by Commission Implementing Regulation (EU) 2020/1478 of 14 October 2020 amending Implementing Regulation (EU) 2015/1375 as regards sampling, the reference method for detection and import conditions related to Trichinella control (Text with EEA relevance).

Article 3 U.K. Derogations

1. By way of derogation from Article 2(1), meat of domestic swine that has undergone a freezing treatment in accordance with Annex II under the supervision of the competent authority shall be exempt from Trichinella examination.

2. By way of derogation from Article 2(1), carcasses and meat of not weaned domestic swine less than five weeks of age shall be exempt from Trichinella examination.

3. By way of derogation from Article 2(1), carcasses and meat of domestic swine may be exempt from Trichinella examination where the animals come from a holding or a compartment officially recognised as applying controlled housing conditions in accordance with Annex IV, if:

(a) no autochthonous Trichinella infestations in domestic swine kept in holdings officially recognised as applying controlled housing conditions have been detected F3 ... in the past three years, during which time continuous testing has been conducted in accordance with Article 2; or

(b) historical data on continuous testing carried out on slaughtered swine population provide at least 95 % confidence that the prevalence of Trichinella does not exceed one per million in that population; F4 ...

F5 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6 4. When carcasses and meat of domestic swine are exempt from Trichinella examination pursuant to a derogation under Article 3(3), the competent authority must collect the information referred to in Chapter 2 of Annex 4 and must maintain a list of holdings and compartments to which the derogation applies.]

[F7 5. By way of derogation from Article 2(3) and following approval by the competent authority:

(a) carcasses may be cut up at a cutting plant attached to or separate from the slaughterhouse provided that:

(i)

the procedure is approved by the competent authority;

(ii)

a carcass or the parts thereof have not more than one cutting plant as its destination;

(iii)

the cutting plant is situated within [F8 Great Britain]; and

(iv)

in the case of a positive result all the parts are declared unfit for human consumption;

(b) carcasses derived from domestic swine may be cut up into more parts in a cutting plant on the same premises or attached to the slaughterhouse provided that:

(i)

the procedure is approved by the competent authority;

(ii)

warm cutting is necessary for the production of specific products;

(iii)

in the case of a positive result all the parts are declared unfit for human consumption.]

Textual Amendments

F3 Words in Art. 3(3)(a) omitted (31.12.2020) by virtue of S.I. 2019/640, reg. 51D(a)(i) (as inserted by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(14))

F4 Word in Art. 3(3)(b) omitted (31.12.2020) by virtue of S.I. 2019/640, reg. 51D(a)(ii) (as inserted by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(14))

F5 Art. 3(3)(c) omitted (31.12.2020) by virtue of S.I. 2019/640, reg. 51D(a)(iii) (as inserted by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(14))

F6 Art. 3(4) substituted (31.12.2020) by S.I. 2019/640, reg. 51D(b) (as inserted by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(14))

F7 Inserted by Commission Implementing Regulation (EU) 2020/1478 of 14 October 2020 amending Implementing Regulation (EU) 2015/1375 as regards sampling, the reference method for detection and import conditions related to Trichinella control (Text with EEA relevance).

F8 Words in Art. 3(5)(a)(iii) substituted (31.12.2020) by S.I. 2019/640, reg. 51D(c) (as inserted by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 7(2)(b))

Article 4 U.K. Trichinella examination and application of health mark

1. [F9 Carcases as referred to in Article 2 or parts thereof, except for those referred to in Article 3(5), may not leave the premises, before the result of the Trichinella examination is found to be negative.]

Similarly, other parts of an animal intended for human or animal consumption which contain striated muscle tissue may not leave the premises before the result of the Trichinella examination is found to be negative.

2. Animal waste and animal by-products not intended for human consumption and not containing striated muscle may leave the premises before the results of the Trichinella examination are available.

However, the competent authority may require a Trichinella examination or prior treatment of animal by-products to be carried out before permitting them to leave the premises.

[F9 3. Where a procedure is in place in the slaughterhouse to ensure that no part of carcases examined leaves the premises until the result of the Trichinella examination is found to be negative and the procedure is formally approved by the competent authority or where the derogation provided for in Article 3(5) applies, the health mark provided for in Article 18(4) of Regulation (EU) 2017/625 may be applied before the results of the Trichinella examination are available.]

Textual Amendments

F9 Substituted by Commission Implementing Regulation (EU) 2020/1478 of 14 October 2020 amending Implementing Regulation (EU) 2015/1375 as regards sampling, the reference method for detection and import conditions related to Trichinella control (Text with EEA relevance).

Article 5 U.K. Training

The competent authority shall ensure that all personnel involved in the examination of samples to detect Trichinella shall be properly trained and participate in:

(a)

a quality control programme of the tests used to detect Trichinella; and

(b)

a regular assessment of the testing, recording and analysis procedures used in the laboratory.

Article 6 U.K. Methods of detection

1. The methods of detection set out in Chapters I and II of Annex I shall be used for examining samples as referred to in Article 2 where they provide grounds for suspecting Trichinella infestation.

2. All positive samples shall be forwarded to the national reference laboratory F10 ... for determination of the Trichinella species involved.

Textual Amendments

F10 Words in Art. 6(2) omitted (31.12.2020) by virtue of S.I. 2019/640, reg. 51E (as inserted by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(14))

Article 7 U.K. Contingency plans

[F11 The competent authority] shall provide for a contingency plan outlining all action to be taken where samples as referred to in Article 2 test positive for Trichinella. That plan shall include details covering:

(a)

traceability of infested carcasses and parts thereof containing muscle tissue;

(b)

measures for dealing with infested carcasses and parts thereof;

(c)

investigation of the source of infestation and any spread among wildlife;

(d)

any measures to be taken at the retail or consumer level;

(e)

measures to be taken where infested carcasses cannot be identified at the slaughterhouse;

(f)

determination of the Trichinella species involved.

Textual Amendments

F11 Words in Art. 7 substituted (31.12.2020) by S.I. 2019/640, reg. 51F (as inserted by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(14))

Article 8 U.K. Official recognition of holdings applying controlled housing conditions

1. For the purposes of this Regulation, the competent authority may officially recognise a holding or a compartment applying controlled housing conditions where the requirements laid down in Annex IV are complied with.

F12 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 Art. 8(2) omitted (31.12.2020) by virtue of S.I. 2019/640, reg. 51G (as inserted by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(14))

Article 9 U.K. Obligation on food business operators to inform

Food business operators of holdings officially recognised as applying controlled housing conditions shall inform the competent authority of any requirement as laid down in Annex IV that is no longer fulfilled or of any other change that might affect the Trichinella status of those holdings.

Article 10 U.K. Audits of holdings officially recognised as applying controlled housing conditions

The competent authority shall ensure that audits are carried out periodically of holdings officially recognised as applying controlled housing conditions.

The frequency of the audits shall be risk-based, taking account of the disease history and the prevalence, previous findings, the geographical area, local susceptible wildlife, animal husbandry practices, veterinary supervision and farmers' compliance.

The competent authority shall verify that domestic swine coming from those holdings are examined in accordance with Article 2(1).

Article 11 U.K. Monitoring programmes

The competent authority may implement a monitoring programme covering the population of domestic swine coming from a holding or a compartment officially recognised as applying controlled housing conditions, in order to verify that Trichinella is actually absent in that population.

The frequency of testing, the number of animals to be tested and the sampling plan shall be laid down in the monitoring programme. To that end, meat samples shall be collected and examined for the presence of Trichinella parasites in accordance with Chapter I or II of Annex I.

The monitoring programme may include serological methods as an additional tool once a suitable test is validated by the [F13 national] reference laboratory.

Textual Amendments

F13 Word in Art. 11 substituted (31.12.2020) by S.I. 2019/640, reg. 51H (as inserted by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(14))

Article 12 U.K. Withdrawal of official recognition of holdings as applying controlled housing conditions

1. Where the results of the audits carried out in accordance with Article 10 show that the requirements of Annex IV are no longer fulfilled, the competent authority shall withdraw the holding's official recognition without delay.

2. Where domestic swine from a holding officially recognised as applying controlled housing conditions test positive to Trichinella, the competent authority shall without delay:

(a) withdraw the holding's official recognition;

(b) examine all domestic swine of that holding at the time of slaughter;

(c) trace and test all breeding animals that arrived on the holding and, as far as possible, all those that left the holding in at least the six months preceding the positive finding; to that end, meat samples shall be collected and examined for presence of Trichinella parasites using the detection methods laid down in Chapters I and II of Annex I;

(d) when relevant, as far as is feasible, investigate the spread of parasite infestation due to the distribution of meat from domestic swine slaughtered in the period preceding the positive finding;

F14 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) when relevant, initiate an epidemiological investigation to elucidate the cause of infestation;

(g) take appropriate measures where any infested carcass cannot be identified at the slaughterhouse, including:

(i)

increasing the size of each meat sample collected for testing of the suspect carcasses; or

(ii)

declaring the carcasses unfit for human consumption;

(iii)

taking appropriate measures for the disposal of suspect carcasses or parts thereof and those testing positive.

3. Following withdrawal of the recognition, holdings may be officially recognised again once the problems identified have been solved and the requirements laid down in Annex IV are fulfilled to the satisfaction of the competent authority.

4. If the inspection identified a lack of compliance with Article 9 or positive testing in a holding of a compartment, the holding concerned shall be removed from the compartment until compliance is re-established.

Textual Amendments

F14 Art. 12(2)(e) omitted (31.12.2020) by virtue of S.I. 2019/640, reg. 51I (as inserted by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(14))

CHAPTER III U.K. IMPORTS

Article 13 U.K. Import health requirements

1. Meat containing striated muscles of animal species that may be carriers of Trichinella may only be imported into [F15 Great Britain] if prior to export the examination for Trichinella has been performed in accordance with conditions equivalent to those laid down in Article 2 or 3 in the third country where the animals were slaughtered.

2. A third country may only apply the derogations provided for in Article 3(2) and (3) if it has informed the [F16 competent authority] of the application of those derogations and if it has been listed for that purpose:

(i)

in Part 1 of Annex I to Regulation (EU) No 206/2010 for imports of live domestic swine;

(ii)

in Part 1 of Annex II to Regulation (EU) No 206/2010 for imports of fresh meat of domestic swine; or

(iii)

in Part 2 of Annex II to Decision 2007/777/EC for imports of meat products produced exclusively from meat or meat products of domestic swine.

Textual Amendments

F15 Words in Art. 13(1) substituted (31.12.2020) by S.I. 2019/640, reg. 51J(a) (as inserted by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(14))

F16 Words in Art. 13(2) substituted (31.12.2020) by S.I. 2019/640, reg. 51J(b) (as inserted by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(14))

Article 14 U.K. Documents

F17 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. In the model health certificate for imports into [F18 Great Britain] of domestic swine set out in the Models ‘POR-X’ and ‘POR-Y’ in Part 2 of Annex I to Regulation (EU) No 206/2010, the official veterinarian shall include the information on the official recognition by the competent authority of a third country of the holding of origin as applying controlled housing conditions equivalent to those provided for in Annex IV to this Regulation.

3. In the veterinary certificate, in accordance with Model ‘POR’ set out in Part 2 of Annex II to Regulation (EU) No 206/2010, accompanying consignments of meat intended for imports into [F18 Great Britain] from third countries, the official veterinarian shall include the public health attestation of the examination for Trichinella carried out in accordance with Article 13 of this Regulation in the third country of origin of the meat.

4. In the animal and public health certificate, the model of which is set out in Annex II to Decision 2000/572/EC, accompanying consignments of meat preparations intended for imports into [F18 Great Britain] from third countries, the official veterinarian shall include the public health attestation of the examination for Trichinella carried out in accordance with Article 13 of this Regulation in the third country of origin of the meat.

5. In the animal and public health certificate, the model of which is set out in Annex III to Decision 2007/777/EC, accompanying consignments of certain meat products and treated stomachs, bladders and intestines intended for imports into [F18 Great Britain] from third countries, the official veterinarian shall include the public health attestation of the examination for Trichinella carried out in accordance with Article 13 of this Regulation in the third country of origin of the meat.

Textual Amendments

F17 Art. 14(1) omitted (31.12.2020) by virtue of S.I. 2019/640, reg. 51K(a) (as inserted by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(14))

F18 Words in Art. 14 substituted (31.12.2020) by S.I. 2019/640, reg. 51K(b) (as inserted by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(14))

CHAPTER IV U.K. REPEAL AND FINAL PROVISIONS

Article 15 U.K. Repeal

Regulation (EC) No 2075/2005 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex VI.

Article 16 U.K. Entry into force

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

F19 ...

Textual Amendments

F19 Words in Signature omitted (31.12.2020) by virtue of S.I. 2019/640, reg. 51L (as inserted by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 9(14))