8.—(1) This paragraph applies if a TSE is confirmed in a suspected ovine or caprine animal, or a body of an ovine or caprine animal monitored under Annex III , and BSE cannot be excluded by the results of a ring trial carried out in accordance with the procedure set out in Annex X, Chapter C, point 3(2)(c).
(2) The Department, after carrying out the inquiry specified in Article 13(1)(b) and point 1(b) of Chapter B of Annex VII, must serve a notice on the occupier of the premises informing them of its intention to kill and destroy the animals, destroy the embryos and ova and milk or milk products in accordance with Article 13(1)(c) and point 2(3)(a) of Chapter B of Annex VII of that Regulation.
(3) In sub-paragraph (2), “milk or milk products” means the milk or milk products that derived from the ovine or caprine animals that were present on the relevant premises on and from the date on which notice was served under paragraph 4(1)(d).
(4) The appeals procedure in regulation 11 applies in relation to any decision under this paragraph.