CHAPTER II

DETERMINATION OF BSE STATUS

Classification
Article 5
1
The BSE status of countries and regions as categorised by the OIE is—
a
negligible risk,
b
controlled risk, or
b
undetermined risk,
and, as at IP completion day, the BSE status for each of the constituent nations is established by Commission Decision 2007/453.
The BSE status of countries or regions may be determined only on the basis of the criteria set out in Annex II, Chapter A. These criteria shall include the outcome of a risk analysis on the basis of all the potential factors for the appearance of bovine spongiform encephalopathy as defined in Annex II, Chapter B, and their development over time, as well as comprehensive active and passive surveillance measures taking into account the risk category of the country or region.
...
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3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Exporting countries that are eligible for
approval
for the import into Great Britain of live animals or of the products covered by this Regulation must be categorised with regard to BSE status that takes into account the criteria and potential risk factors set out in paragraph 1, and any statistical survey of the epidemiological situation regarding TSEs in the country on the basis of the use, in a screening procedure, of rapid tests. The classification criteria used by the OIE must be taken into account.
Eligibility to import from a third country into Great Britain live animals or products of animal origin within scope of this Regulation under conditions determined on their established category must be established as soon as possible, once any epidemiological or other evidence which might lead to a change in BSE status has been analysed by the appropriate authorities.
7
The Secretary of State may, with the consent of each other authority which in relation to any part of Great Britain is the appropriate authority, decide
... the BSE classification of a country or region
..., on the basis of a risk assessment, taking into consideration the criteria set out in Annex 2, Chapters A and B and the OIE classification.
7A
A decision under paragraph 7 must include the date from which the BSE classification for the country or region is to apply.
7B
A decision under paragraph 7 must be set out in a document published by the Secretary of State for the purposes of this Article.
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Substituted by Regulation (EC) No 1923/2006 of the European Parliament and of the Council of 18 December 2006 amending Regulation (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (Text with EEA relevance).
Words in Art. 5(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(3)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 5(1) 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(3)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Art. 5(2)-(5) 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(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
Art. 5(6) 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(3)(c) (as amended by S.I. 2020/1388, regs. 1(2)(a), 20(2)(b)(i)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 5(8) omitted (31.12.2020) by virtue of S.I. 2019/170, reg. 2(3)(d) (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)(b)(ii))
Art. 5(7) substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 4(4) (with reg. 12) (as amended by S.I. 2020/1463, regs. 1(2)(a), 6(3)(b)); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 5(6) substituted (1.7.2022) by The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 2(2)(a)
Word in Art. 5(7) omitted (1.7.2022) by virtue of The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 2(2)(b)(i)
Words in Art. 5(7) omitted (1.7.2022) by virtue of The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 2(2)(b)(ii)
Art. 5(7A)(7B) inserted (1.7.2022) by The Import of Animals and Animal Products and Approved Countries (Amendment) Regulations 2022 (S.I. 2022/735), regs. 1(2), 2(2)(c)