{
  "url": "https://openlegislation.uk/eu-regulation-2001-999/annex-VII/chapter-B/division-2",
  "json_url": "https://openlegislation.uk/eu-regulation-2001-999/annex-VII/chapter-B/division-2.json",
  "legislation": "eur/2001/999",
  "legislation_title": "Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2001-999",
  "path": "annex/VII/chapter/B/division/2",
  "kind": "division",
  "number": "2",
  "heading": "The measures laid down in Article 13(1)(c) shall comprise at least the following:",
  "text": "2.1. In the case of confirmation of BSE in a bovine animal, the killing and complete destruction of bovine animals identified by the inquiry referred to in the second and third indents of point 1(a); however, the appropriate authority may decide:\nnot to kill and destroy animals of the cohort referred to in the third indent of point 1(a) if evidence has been provided that such animals did not have access to the same feed as the affected animal,\nto defer the killing and destruction of animals of the cohort referred to in the third indent of point 1(a) until the end of their productive life, provided that they are bulls continuously kept at a semen collection centre and it can be ensured that they are completely destroyed following death.\n2.2. In the case of confirmation of TSE in an ovine or caprine animal:\n2.2.1. In cases where BSE cannot be excluded\nIf BSE cannot be excluded after the results of the secondary molecular testing carried out in accordance with the methods and protocols set out in Annex X, Chapter C, point 3.2(c) (ii), the killing and complete destruction, without delay, of all animals, embryos and ova identified by the inquiry referred to in the second to fifth indents of point 1(b).\nThe animals over 18 months of age killed for destruction shall be tested for the presence of TSE in accordance with the laboratory methods and protocols set out in Annex X, Chapter C, Part 3, point 3.2, as laid down in Annex III, Chapter A, Part II, point 5.\nThe prion protein genotype of all ovine animals, up to a maximum of 50, shall be determined.\nThe milk and the milk products derived from the animals to be destroyed, which were present on the holding between the date of confirmation that BSE cannot be excluded and the date of complete destruction of the animals, shall be disposed of in accordance with Article 12 of Regulation (EC) No 1069/2009 of the European Parliament and of the Council .\nFollowing the killing and complete destruction of all animals, the conditions set out in point 3 shall apply to the holding.\n2.2.2. In cases where BSE and atypical scrapie can be excluded\nIf BSE and atypical scrapie are excluded in accordance with the laboratory methods and protocols set out in Annex X, Chapter C, Part 3, point 3.2, the holding shall be subject to the conditions set out in point (a). In addition, pursuant to the decision of the appropriate authority responsible for the holding, the holding shall be subject to the conditions of either option 1 set out in point (b), or option 2 set out in point (c), or option 3 set out in point (d). In case of a holding with a mixed ovine and caprine flock, the appropriate authority responsible for the holding may decide to apply the conditions of one of the options to the ovine animals of the holding and a different option to the caprine animals of the holding:\n(a) The milk and milk products derived from the animals to be destroyed or slaughtered and which were present on the holding between the date of confirmation of the case of TSE and the date of the completion of the measures to be applied in the holding as laid down in point (b) and (c), or derived from the infected flock/herd until all the restrictions laid down in point (d) and point 4 are lifted, shall not be used for the feeding of ruminants, except for the feeding of ruminants within that holding.\nThe placing on the market of such milk and milk products as feed for non-ruminants shall be limited to the Great Britain.\nThe commercial document accompanying consignments of such milk and milk products and any packaging containing such consignments shall be clearly marked with the words: ‘ shall not be fed to ruminants ’ .\nThe use and the storage of feedingstuffs containing such milk and milk products shall be prohibited on holdings where ruminants are kept.\nBulk feedingstuffs containing such milk and milk products shall be transported by means of vehicles which do not transport feedingstuffs for ruminants at the same time.\nIf those vehicles are subsequently used for the transport of feedingstuffs intended for ruminants, they shall be thoroughly cleaned in order to avoid cross- contamination, in accordance with a procedure approved by the appropriate authority responsible for the holding.\n(b) Option 1 — killing and complete destruction of all animals\nThe killing and complete destruction, without delay, of all animals, embryos and ova identified by the inquiry referred to in the second and third indents of point 1(b).\nThe animals over 18 months of age killed for destruction shall be tested for the presence of TSE in accordance with the laboratory methods and protocols set out in Annex X, Chapter C, Part 3, point 3.2, as laid down in Annex III, Chapter A, Part II, point 5.\nThe prion protein genotype of all ovine animals, up to a maximum of 50, shall be determined.\nBy way of derogation from the conditions set out in the first paragraph of option 1, nothing in this Regulation prevents the appropriate authority from deciding instead to carry out the measures listed in (i) or (ii):\n(i) to replace the killing and complete destruction of all animals, without delay, by their slaughtering for human consumption, without delay, provided that:\nthe animals are slaughtered for human consumption within the Great Britain;\nall animals which are over 18 months of age slaughtered for human consumption shall be tested for the presence of TSE in accordance with the laboratory methods and protocols set out in Annex X, Chapter C, Part 3, point 3.2.\n(ii) to exempt the lambs and kids less than three months old from killing and complete destruction without delay, provided that they are slaughtered for human consumption not later than when they are three months of age.\nMovement of animals mentioned in points (i) and (ii) from the holding to the slaughterhouse shall be allowed.\nFollowing the killing and complete destruction or slaughtering for human consumption of all animals the conditions set out in point 3 shall apply to the holding where it has been decided to apply option 1.\n(c)Option 2 – killing and complete destruction of the susceptible animals only\nThe prion protein genotyping of all ovine and caprine animals present in the holding, except lambs and kids less than three months old provided that they are slaughtered for human consumption not later than when they are three months of age.\nKilling and complete destruction, without delay, of all ovine and/or caprine animals, embryos and ova identified by the inquiry referred to in the second and third indents of point 1(b), with the exception of:\nbreeding rams of the ARR/ARR genotype,\nbreeding ewes carrying at least one ARR allele and no VRQ allele and, where such breeding ewes are pregnant at the time of the inquiry, the lambs subsequently born, if their genotype meets the requirements of this subparagraph,\novine animals carrying at least one ARR allele which are intended solely for human consumption,\ncaprine animals carrying at least one of the following alleles: K222, D146 and S146,\nif the appropriate authority responsible for the holding so decides, lambs and kids less than three months old provided that they are slaughtered for human consumption not later than when they are three months of age.\nThe animals over 18 months of age killed for destruction, shall be tested for the presence of TSE in accordance with the laboratory methods and protocols set out in Annex X, Chapter C, Part 3, point 3.2, as laid down in Annex III, Chapter A, Part II, point 5.\nNothing in this Regulation prevents the appropriate authority from deciding instead to carry out the measures listed in (i), (ii) or (iii):\n(i) to replace the killing and complete destruction of the animals referred to in the second paragraph of option 2 by their slaughtering for human consumption, provided that:\nthe animals are slaughtered for human consumption within the territory of the appropriate authority responsible for the holding,\nall animals over 18 months of age slaughtered for human consumption shall be tested for the presence of TSE in accordance with the laboratory methods and protocols set out in Annex X, Chapter C, Part 3, point 3.2;\n(ii) to delay the genotyping and subsequent killing and complete destruction or slaughtering for human consumption of the animals referred to in the second paragraph of option 2, for a period not exceeding three months. This action can be applied in situations where the index case is confirmed close to the commencement of the lambing and/or kidding season, provided that the ewes and/or goats and their new-born are kept isolated from ovine and/or caprine animals of other holdings during the whole period;\n(iii) to delay the killing and complete destruction or slaughtering for human consumption of the animals referred to in the second paragraph of option 2 for a maximum period of three years from the date of confirmation of the index case, in ovine or caprine flocks and holdings where ovine and caprine animals are kept together. Such action shall be limited to cases where the appropriate authority responsible for the holding considers that the epidemiological situation cannot be handled without killing the relevant animals, but that this cannot be carried out immediately due to the low level of resistance in the ovine and caprine population of the holding, coupled with other considerations, including economic factors. Breeding rams other than those of the ARR/ARR genotype shall be killed or castrated without delay. All possible measures to quickly build up genetic resistance in the ovine and/or caprine population of the holding shall be implemented, including reasoned breeding and culling of ewes to increase the frequency of the ARR allele and eliminate the VRQ allele, and the breeding of bucks carrying the K222, D146 or S146 alleles. The appropriate authority responsible for the holding shall ensure that the number of animals to be killed at the end of the period of delay is not greater than immediately after the index case was confirmed. Where such action is taken, the measures set out in point 4 shall apply to the holding until the complete destruction or slaughtering for human consumption of the animals referred to in the second paragraph of option 2, after which the restrictions laid down in point 3 shall be applicable.\nFollowing the killing and complete destruction or slaughtering for human consumption of the animals referred to in the second paragraph of option 2, the conditions set out in point 3 shall apply to the holding.\n(d)Option 3 – no mandatory killing and complete destruction of animals\nThe appropriate authority may decide not to kill and completely destroy the animals identified by the inquiry referred to in the second and third indents of point 1(b) where the criteria laid down in at least one of the following four indents are met:\nit is difficult to obtain replacement male ovine animals of the ARR/ARR genotype and female ovine animals carrying at least one ARR allele and no VRQ allele, or caprine animals carrying at least one of the following alleles: K222, D146 and S146,\nthe frequency of the ARR allele within the ovine breed or holding or the K222, D146 or S146 alleles within the caprine breed or holding is low,\nit is deemed necessary in order to avoid inbreeding,\nit is deemed necessary by the appropriate authority based on a reasoned consideration of all the epidemiological factors.\nThe prion protein genotype of all ovine and caprine animals, up to a maximum of 50 of each species, shall be determined within a period of three months from the date of confirmation of the index case of classical scrapie.\nWhen additional classical scrapie cases are detected in a holding where option 3 is being applied, the relevance of the reasons and criteria founding the decision to apply option 3 to this holding shall be reassessed by the appropriate authority. If it is concluded that applying option 3 does not ensure a proper control of the outbreak, the appropriate authority shall switch the management of this holding from option 3 to either option 1 or option 2 as laid down in points (b) and (c).\nThe conditions set out in point 4 shall immediately apply to a holding where it has been decided to apply option 3.\nAny appropriate authority allowing recourse to option 3 in the management of classical scrapie outbreaks shall keep records of the reasons and criteria founding each individual application decision.\n2.2.3.In cases where atypical scrapie is confirmed\nWhere the TSE case confirmed on a holding is an atypical scrapie case, the holding shall be subject to the following intensified TSE monitoring protocol for a period of two years from the date of the detection of the last atypical scrapie case: all ovine and caprine animals which are over the age of 18 months and slaughtered for human consumption and all ovine and caprine animals over the age of 18 months which have died or been killed on the holding shall be tested for the presence of TSE in accordance with the laboratory methods and protocols set out in Annex X, Chapter C, Part 3, point 3.2.\nIf a case of TSE other than atypical scrapie is confirmed during the intensified TSE monitoring period of two years referred to in the first paragraph, the holding shall be subject to the measures referred to in point 2.2.1 or point 2.2.2.\n2.3. If an animal infected with TSE has been introduced from another holding:\n(a)the appropriate authority may decide, based on the history of the infected animal, to apply eradication measures in the holding of origin in addition to, or instead of, the holding in which the infection was confirmed;\n(b) in the case of land used for common grazing by more than one flock or herd, the appropriate authority may decide to limit the application of eradication measures to a single flock or herd, based on a reasoned consideration of all the epidemiological factors;\n(c) where more than one flock or herd is kept on a single holding, the appropriate authority may decide to limit the application of the eradication measures to the flock or herd in which the TSE has been confirmed, provided it has been verified that the flocks or herds have been kept isolated from each other and that the spread of infection between the flocks or herds through either direct or indirect contact is unlikely.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Substituted by Commission Regulation (EU) No 630/2013 of 28 June 2013 amending the Annexes to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (Text with EEA relevance)."
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Annex 7 Ch. B point 2.1 substituted (31.12.2020) by The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(47); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Substituted by Commission Regulation (EU) No 1148/2014 of 28 October 2014 amending Annexes II, VII, VIII, IX and X to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (Text with EEA relevance)."
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Substituted by Commission Regulation (EU) 2020/772 of 11 June 2020 amending Annexes I, VII and VIII to Regulation (EC) No 999/2001 of the European Parliament and of the Council as regards eradication measures for transmissible spongiform encephalopathies in goats and endangered breeds (Text with EEA relevance)."
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in Annex 7 Ch. B point 2.2.2 substituted (31.12.2020) by The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(48)(a); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in Annex 7 Ch. B point 2.2.2 substituted (13.12.2022) by The Animals and Animal Health, Feed and Food, Plants and Plant Health (Amendment) Regulations 2022 (S.I. 2022/1315), regs. 1(1), 14(5)(a)(i)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in Annex 7 Ch. B point 2.2.2(a) substituted (31.12.2020) by S.I. 2019/170, regs. 1, 2(48)(b)(i) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(n)(i)); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Words in Annex 7 Ch. B point 2.2.2(a) substituted (31.12.2020) by The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(48)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Words in Annex 7 Ch. B point 2.2.2(b) substituted (31.12.2020) by The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(48)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Words in Annex 7 Ch. B point 2.2.2(b) substituted (31.12.2020) by S.I. 2019/170, regs. 1, 2(48)(c)(ii) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(n)(i)); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Words in Annex 7 Ch. B point 2.2.2(c) substituted (31.12.2020) by S.I. 2019/170, reg. 2(48)(d)(i) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(n)(ii))"
    },
    {
      "type": "F",
      "label": "F12",
      "text": "Words in Annex 7 Ch. B point 2.2.2(c) substituted (31.12.2020) by S.I. 2019/170, reg. 2(48)(d)(ii) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(n)(ii))"
    },
    {
      "type": "F",
      "label": "F13",
      "text": "Words in Annex 7 Ch. B point 2.2.2(c)(i) substituted (31.12.2020) by S.I. 2019/170, reg. 2(48)(d)(iii) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(n)(ii))"
    },
    {
      "type": "F",
      "label": "F14",
      "text": "Word in Annex 7 Ch. B point 2.2.2(c)(ii) substituted (31.12.2020) by S.I. 2019/170, reg. 2(48)(d)(iv) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(n)(ii))"
    },
    {
      "type": "F",
      "label": "F15",
      "text": "Words in Annex 7 Ch. B point 2.2.2(c)(iii) substituted (31.12.2020) by S.I. 2019/170, reg. 2(48)(d)(v)(aa) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(n)(ii))"
    },
    {
      "type": "F",
      "label": "F16",
      "text": "Words in Annex 7 Ch. B point 2.2.2(c)(iii) substituted (31.12.2020) by S.I. 2019/170, reg. 2(48)(d)(v)(bb) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(n)(ii))"
    },
    {
      "type": "F",
      "label": "F17",
      "text": "Words in Annex 7 Ch. B point 2.2.2(c)(iii) substituted (31.12.2020) by S.I. 2019/170, reg. 2(48)(d)(v)(cc) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(n)(ii))"
    },
    {
      "type": "F",
      "label": "F18",
      "text": "Words in Annex 7 Ch. B point 2.2.2(d) substituted (13.12.2022) by The Animals and Animal Health, Feed and Food, Plants and Plant Health (Amendment) Regulations 2022 (S.I. 2022/1315), regs. 1(1), 14(5)(a)(ii)"
    },
    {
      "type": "F",
      "label": "F19",
      "text": "Words in Annex 7 Ch. B point 2.2.2(d) substituted (31.12.2020) by S.I. 2019/170, reg. 2(48)(e)(i) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(n)(iii))"
    },
    {
      "type": "F",
      "label": "F20",
      "text": "Words in Annex 7 Ch. B point 2.2.2(d) substituted (31.12.2020) by S.I. 2019/170, reg. 2(48)(e)(ii) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(n)(iii))"
    },
    {
      "type": "F",
      "label": "F21",
      "text": "Words in Annex 7 Ch. B point 2.2.2(d) substituted (31.12.2020) by S.I. 2019/170, reg. 2(48)(e)(iii) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 20(2)(n)(iii))"
    },
    {
      "type": "F",
      "label": "F22",
      "text": "Annex 7 Ch. B point 2.2.3 omitted (E.) (1.4.2025) by virtue of The Transmissible Spongiform Encephalopathies (Amendment) (England) Regulations 2025 (S.I. 2025/249), regs. 1(2), 2(2)(a)"
    },
    {
      "type": "F",
      "label": "F23",
      "text": "Words in Annex 7 Ch. B point 2.3(a) substituted (31.12.2020) by The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(49)(a); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F24",
      "text": "Words in Annex 7 Ch. B point 2.3(b) substituted (31.12.2020) by The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(49)(b); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F25",
      "text": "Words in Annex 7 Ch. B point 2.3(c) substituted (31.12.2020) by The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(49)(b); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 300, 14.11.2009, p. 1 ."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2001/999/annex/VII/chapter/B/division/2",
    "retrieved_at": "2026-11-01T14:56:56.200083+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}