Article 3 Definitions
United Kingdom
For the purposes of this Regulation the following definitions shall apply:
TSEs: all transmissible spongiform encephalopathies with the exception of those occurring in humans;
placing on the market: any operation the purpose of which is to sell live animals or products of animal origin covered by this Regulation to a third party F1..., or any other form of supply against payment or free of charge to such a third party or storage with a view to supply to such a third party;
starting materials: raw materials or any other product of animal origin out of which, or with the help of which, the products referred to in Article 1(2)(a) and (b) are produced;
category: one of the classification categories referred to in Chapter C of Annex II;
specified risk material: the tissues specified in Annex V; unless otherwise indicated, it does not include products containing or derived from those tissues;
animal suspected of being infected by a TSE: live, slaughtered or dead animals, which show or have shown neurological or behavioural disorders or a progressive deterioration of the general condition linked to impairment of the central nervous system and for which the information gathered on the basis of a clinical examination, response to treatment, a post-mortem examination or an ante or post-mortem laboratory analysis do not allow an alternative diagnosis to be established. Bovine spongiform encephalopathies (BSE) shall be suspected in bovine animals which have produced a positive result from a rapid test specifically for BSE;
holding: any place in which animals covered by this Regulation are held, kept, bred, handled or shown to the public;
sampling: the taking of samples, ensuring a statistically correct representation, from animals or their environment, or from products of animal origin, for the purpose of establishing a disease diagnosis, familial relationships, for health surveillance, or for the monitoring of the absence of microbiological agents or of certain materials in products of animal origin;
fertilisers: any substance containing products of animal origin utilised on land to enhance growth of vegetation; it may include digestion residues from bio-gas production or composting;
rapid tests: the screening methods listed in Annex X, for which the results are known within 24 hours;
alternative test: the tests referred to in Article 8(2) which are used as an alternative to the withdrawal of specified risk material;
mechanically separated meat or ‘ MSM ’ : the product obtained by removing meat from flesh-bearing bones after boning, using mechanical means resulting in the loss or modification of the muscle fibre structure;
passive surveillance: the reporting of all animals suspected of being infected by a TSE and, where TSE cannot be excluded by clinical investigation, the laboratory testing of such animals;
active surveillance: the testing of animals not reported as suspected of being infected by a TSE, such as emergency slaughtered animals, animals with observations at ante mortem inspection, fallen stock, healthy slaughtered animals and animals culled in connection with a TSE case, in particular in order to determine the evolution and prevalence of TSE in a country or region thereof.
constituent nation: one of the following nations of the British Islands: England, Guernsey, Isle of Man, Jersey, Scotland or Wales;
OIE: the World Organisation for Animal Health.
“national reference laboratory”: a laboratory designated in accordance with Article 100 of Regulation (EU) 2017/625.
In this Regulation, “appropriate authority” means:
in relation to England, the Secretary of State;
in relation to Wales, the Welsh Ministers;
in relation to Scotland, the Scottish Ministers;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
But the appropriate authority is the Secretary of State if consent is given by:
in relation to Wales, the Welsh Ministers;
relation to Scotland, the Scottish Ministers;
The specific definitions set out in Annex I shall also apply.
Where the terms in this Regulation are not defined in paragraph 1 or Annex I, the relevant definitions given in Regulation (EC) No 1760/2000f3 and those given in or pursuant to Directives 64/432/EECf4, 89/662/EEC, 90/425/EEC and 91/68/EECf5 shall apply insofar as reference is made to them in this text.
Annotations
Textual amendments
- F1
Words in Art. 3(1)(b) omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(2)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
- F2
Words in Art. 3(1)(e) 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(2)(a)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Words in Art. 3(1)(e) omitted (31.12.2020) by virtue of The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/170), regs. 1, 2(2)(a)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)
- F4
- F5
- F6
Art. 3(1)(q)(r) inserted (31.12.2020) by S.I. 2019/170, regs. 1, 2(2)(a)(iii) (as amended 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)(a)(i)); 2020 c. 1, Sch. 5 para. 1(1)
- F7
Art. 3(1)(s) inserted (16.11.2022) by The Animals, Food, Plant Health, Plant Propagating Material and Seeds (Miscellaneous Amendments etc.) Regulations 2022 (S.I. 2022/1090), regs. 1(1), 5(2)
- F8
Art. 3(1A)(1B) inserted (31.12.2020) by S.I. 2019/170, regs. 1, 2(2)(b) (as amended by The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220), regs. 1(2)(b), 5(2)(a)(i)(ii) and 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)(a)(ii)(aa)(bb)); 2020 c. 1, Sch. 5 para. 1(1)
Footnotes
- f1
-
Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (OJ L 395, 30.12.1989, p. 13). Directive as last amended by Council Directive 92/118/EEC (OJ L 62, 15.3.1993, p. 49).
- f2
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Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (OJ L 224, 18.8.1990, p. 29). Directive as last amended by Council Directive 92/118/EEC.
- f3
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Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97 (OJ L 204, 11.8.2000, p. 1).
- f4
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Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (OJ 121 29.7.1964, p. 1977/64). Directive as last amended by Directive 2000/20/EC of the European Parliament and of the Council (OJ L 163, 4.7.2000, p. 35).
- f5
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Council Directive 91/68/EEC of 28 January 1991 on animal health conditions governing intra-Community trade in ovine and caprine animals (OJ L 46, 19.2.1991, p. 19). Directive as last amended by Commission Decision 94/953/EC (OJ L 371, 31.12.1994, p. 14).