SCHEDULE 3CONTROL AND ERADICATION OF TSE IN BOVINE ANIMALS
Compensation for a suspect animal
10.—(1) If an animal is killed because it was suspected of being affected with BSE and BSE is confirmed, the compensation is either—
(a)the market value of the animal; or
(b)the indicative market price in respect of the month of the year in which the market value of the animal was determined rounded down to the nearest £1,
whichever is the lesser.
(2) If an animal is killed because it was suspected of being affected with BSE and BSE is not confirmed, the compensation is either—
(a)the market value of the animal; or
(b)125% of the indicative market price in respect of the month of the year in which the market value of the animal was determined rounded down to the nearest £1,
whichever is the lesser.
(3) The indicative market price in respect of each month of the year shall be calculated in accordance with the following formula—
where—
A is either 1 or the number of cattle aged less than 7 years when their market value was determined which were killed in Northern Ireland as BSE suspects during the month of the year (“the calculation month”) occurring two such months before the month for which the indicative market price is being calculated, whichever is the greater;
B is the average price during the calculation month for commercial grade cows and in-calf heifers both of which are intended for use in the production of milk, such price to be calculated by dividing the total of the sales price paid for such animals in the returns for a 4 week period ending on the last Saturday of the calculation month by the total number of such animals shown in those returns to have been sold;
C is either 1 or the number of cattle aged 7 years or more when their market value was determined which were killed in Northern Ireland as BSE suspects during the calculation month, whichever is the greater; and
D is the price paid during the calculation month for an animal slaughtered in accordance with Commission Regulation (EC) 716/96 adopting exceptional support measures for the beef market in the United Kingdom(1),
the final figure being rounded down to the nearest £1.
(4) Where, in respect of any calculation month, returns in respect of all the markets listed in paragraph 16 have not been furnished to the Department by the 15th day of the following month of the year—
(a)if returns have been so furnished in respect of 2 or more of those markets, the average price for commercial grade cows and in-calf heifers in respect of that calculation month shall be calculated in accordance with sub-paragraph (3) from the information shown in those returns;
(b)in any other case, the average price for commercial grade cows and in-calf heifers in respect of that calculation month shall be the same as that for the most recent previous calculation month for which an average price was calculated in accordance with sub-paragraph (3).
O.J. No. L 99, 20.4.1996, p. 14, as last amended by Commission Regulation (EC) No. 2109/2005 (O.J. No. L 337, 22.12.2005, p.25)