Rindergesundheits-Monitoring Regulation

Original Language Title: Rindergesundheits-Überwachungs-Verordnung

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334. Regulation of the Federal Minister of Health on the programmes for the monitoring of certain diseases in bovine animals (bovine health surveillance regulation)

Due to § 2 (1) to (3) and § 8 (3a) of the Animal Health Act (TGG), BGBl. I n ° 133/1999, as last amended by the Federal Law BGBl. I n ° 80/2013, is assigned in agreement with the Federal Minister of Finance and the Federal Minister for Agriculture, Forestry, Environment and Water Management:

table of contents

Type/Clause

Object/Label

1. Main item
General provisions

§ 1.

Scope

§ 2.

Definitions

2. Main piece
Monitoring and control of IBR/IPV, Bangseuche and bovine leukosis

Section 1
Common provisions for IBR/IPV, Bangseuche and bovine leukosis

§ 3.

Sampling

§ 4.

Investigative bodies

§ 5.

National Reference Laboratory

§ 6.

Officially recognized freedom of a stock

§ 7.

Notification duty

§ 8.

Measures after viewing

§ 9.

Suspicious stocks

§ 10.

Contaminated stocks

§ 11.

Suspicious animal

§ 12.

Suspect animal

§ 13.

Reagent

§ 14.

Re-agent eradication

§ 15.

Cleaning and disinfection

§ 16.

Traffic restrictions

§ 17.

Transport rules

Section 2
Active monitoring of IBR/IPV, Bangseuche and bovine leukosis

§ 18.

Monitoring programmes and sampling

§ 19.

Conduct of investigations and data transfer

§ 20.

Sampling and rehearsals

§ 21.

Diagnostic

Section 3
Special provisions for the supervision of IBR/IPV

§ 22.

Action in special cases of suspicity

§ 23.

Investigations and regaining of officially recognised freedom after the establishment of the IBR/IPV

§ 24.

Eradication

Section 4
Special provisions for the control of the disease in cattle

§ 25.

Action in special cases of suspicity

§ 26.

Investigations and regaining of officially recognised freedom after the detection of the disease in the country

§ 27.

Eradication

§ 28.

Control of the disease in other domestic animals kept together with bovine animals

Section 5
Special provisions for the monitoring of bovine leucosis

§ 29.

Re-examination and recovery of officially recognised freedom after the determination of bovine leukosis

§ 30.

Eradication

3. Main piece
Specific provisions for the monitoring of BSE

§ 31.

Investigation requirements and sampling plan

§ 32.

Investigation methods

§ 33.

Sample submission and examination office

§ 34.

Data collection

§ 35.

Maintenance of animal carcasses, measures at the slaughterhouse

§ 36.

Laboratory testing

4. Main piece
Duties of animal keepers

§ 37.

Special obligations

§ 38.

Penalties

5. Main piece
Financial provisions

§ 39.

Investigation Cost

§ 40.

Compensation

6. Main piece
Final provisions

§ 41.

entry into force

§ 42.

Override

§ 43.

Transitional provision

§ 44.

References

Annexes

Annex A

Investigative bodies

Annex B

Tasks of the National Reference Laboratory

Annex C

Methods of sampling and testing of IBR/IPV, infestation and bovine leukosis monitoring

Annex D

Sampling in the case of diagnostic slaughter at IBR/IPV, Bangseuche and bovine leukosis

Annex E

BSE monitoring, point values and target points

Annex F

Investigations into BSE

Annex G

Compensation

Annex H

Information to be communicated by the Authority to animal keepers in suspected or contaminated flocks

1. Main item

General provisions

Scope

§ 1. (1) This Regulation lays down rules for the monitoring and control of the following diseases in all bovine herds in Austria:

1.

Infectious Bovine Rhinotracheitis and Infectious Pustulous Vulvovaginitis (hereinafter referred to as "IBR/IPV"),

2.

Abortus Bang (hereinafter referred to as "Bangseuche"),

3.

Enzootic bovine leucosis (hereinafter referred to as "bovine leukosis"),

as well as the monitoring of bovine spongiform encephalopathy (hereinafter referred to as "BSE").

(2) In accordance with § 28, the Regulation shall also apply to animals of other susceptible species in the course of the control of the disease.

Definitions

§ 2. For the purposes of this Regulation:

1.

Investigation: single animal testing to be carried out by means of blood sample in the presence of non-negative milk samples;

2.

Stock: the whole of the bovine animals of a livestock farm representing an epidemiological unit established by the Authority;

3.

Establishment: livestock holding in accordance with Article 1 (2) of the TGG, including insemination stations, collection points, trading facilities and staging points, with the exception of veterinary surgeons and veterinary clinics, as long as there is no stabbing;

4.

BSE-Rapid test: procedure in accordance with Annex X, Chapter C (4) of Regulation (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ L 327, 22.12.2001, p. 1), which will produce results within 24 hours;

5.

Diagnostic slaughter: slaughtered by the authorities, taking into account the operating situation, followed by an examination which is carried out in order to clarify the state of health of a bovine animal;

6.

Investigation: following a diagnostic slaughter, but at the earliest after four weeks of single-animal testing of all bovine animals over six months, as well as of other suspected bovine animals of the herd by means of blood sample;

7.

Placing on the market: the introduction of an animal

-

on a market, an auction, an exhibition or an animal show, or

-

to a different stock or to the cover business, or

-

on common pastures and other pastures, provided that in the course of grazing the contact with bovine animals of other stocks cannot be ruled out.

This excludes the direct transfer of a bovine animal to a pasture situated in Austria, where it is possible to rule out contact with bovine animals of other stocks in the course of a grazing process;

8.

milk sample: single milk sample, milk collection sample or tank milk sample delivered from a holding or stock to an Austrian territorial laboratory or taken from an official sample taker;

9.

Follow-up investigation: two-fold investigation within a specified period following the eradication of IBR/IPV, Bangkok or bovine leukosis agents by examining blood samples of all bovine animals over six months, and by further investigation of the following: Bovine animals of the herd which are suspected of being sick;

10.

OIE: World Organisation for Animal Health (IIE);

11.

TSE: Transmissible Spongiform Encephalopathy, a form of this is BSE;

12.

VIS: according to § 8 of the Animal Health Act (TSG), RGBl. No 177/1909, established electronic veterinary registers;

13.

Re-examination: a second or third study of bovine animals within a specified period, in which the result of the blood serological examination was neither positive nor negative.

2. Main piece

Monitoring and control of IBR/IPV, Bangseuche and bovine leukosis

Section 1

Common provisions for IBR/IPV, Bangseuche and bovine leukosis

Sampling

§ 3. (1) The taking of samples shall, unless otherwise specified in the following, be taken by the competent official veterinarian. from the competent official veterinarian.

By way of derogation from paragraph 1, for the collection of milk samples for serological tests and, if necessary, for the detection of lactating animals in the herd, other appropriate persons may also be required, unless the veterinary surgeon is concerned. and veterinarians with reserved activities in accordance with § 12 of the Tierärztegesetz (Veterinary Act), BGBl. No 16/1975. By way of derogation from paragraph 1, tank milk samples may be taken in the course of the milk collection by trained staff of the dairy.

(3) The persons referred to in the first sentence of paragraph 2 shall be informed by the provincial governor and shall, if necessary, be trained accordingly. Training courses are to be organized by the governor. He can do so in accordance with § 3 Animal Health Service Ordination 2009, BGBl. II No 434/2009, recognised animal health service in the country.

Investigative bodies

§ 4. The testing of samples under this Regulation shall be carried out by a veterinary inspection body of the Austrian Agency for Health and Food Safety (AGES), which is accredited for such investigations. More detailed provisions shall apply in Annex A .

National Reference Laboratory

§ 5. (1) The National Reference Laboratory for IBR/IPV, Bangseuche and bovine leukosis is the Institute of Veterinary Investigations Mödling of the AGES. His duties are in Annex B listed.

(2) Blood samples, which do not have a clearly negative result, shall be forwarded to the National Reference Laboratory for the final determination of the results as provided for in paragraph 3.

(3) The final determination of the results of the samples by the National Reference Laboratory shall be:

1.

"positive" if an infection of the animal is to be concluded with the respective pathogen or a vaccination against the pathogen,

2.

"negative" if an infection of the animal with the respective pathogen is to be excluded and

3.

"doubtful" if an infection of the animal with the respective pathogen cannot be safely ruled out.

In order to determine whether the pathogen is present in the herd, the use of all scientifically validated and scientifically validated methods of examination, which are not clearly negative, shall be used in order to determine whether the pathogen is present in the herd. European Union (EU) or OIE is permitted. Likewise, additional blood samples may be requested to the extent necessary for a final determination.

(4) In addition to the electronic transmission by the investigative body through the VIS, the National Reference Laboratory shall, in addition to the electronic transmission by the investigative body, have the final result of this determination of the respective consignor, respectively. to the respective consignor and to the sending investigative body, the competent official veterinarian and/or to the competent official veterinarian as well as to the governor.

Officially recognized freedom of a stock

§ 6. (1) A herd shall be officially recognised as IBR/IPV, banana-free or bovine leukosis-free if it is not considered to be suspected or contaminated within the meaning of this Regulation.

(2) Protection vaccinations of bovine animals against IBR/IPV, Bangseuche and bovine leukosis shall be prohibited.

(3) When bovine animals are placed on the market, they must be accompanied by a document in which the keeper or keeper of the bovine animal is responsible for: be certified by the keeper of the holding company that the animals originate from an officially recognised IBR/IPV, bangseuchen and rinderleukosis free stock.

Notification duty

§ 7. (1) To be displayed:

1.

Disease in the live bovine animal in connection with epidemiological indications that raise suspicions of IBR/IPV, Bangseuche or bovine leucosis-in respect of IBR/IPV and Bangseuche, in particular where there is an additional occurrence of stillbirths, and Premature ejecting of the fruit (discard)-or

2.

Changes in the dead bovine animal in connection with epidemiological evidence which raise the suspicion of IBR/IPV, Bangseuche or bovine leucosis-IBR/IPV and Bangseuche, in particular where there is an additional occurrence of stillbirths and premature ejecting the fruit (discard) in the stock-or

3.

positive or dubious blood serological findings, or two consecutive non-negative milk serological findings, or a non-negative milk-serological finding, associated with the results of further epidemiological studies, Studies indicate the presence of an IBR/IPV, Bangdisease or bovine leukosis infection, or

4.

evidence of IBR/IPV, Bangseuche or bovine leukosis or bovine leukosis or

5.

other references to the presence or possibility of contagion with the particular disease.

(2) The ad has

1.

the animal keeper or the keeper or the keeper or the keeper, the person entrusted with the care and supervision of the animals,

2.

the veterinarian, or the veterinary surgeon,

3.

the official veterinarian, the official veterinarian;

4.

the investigative body responsible for the investigation; and

5.

any person who, according to his/her profession, is to be granted recognition of signs of suspiitus of the disease in question,

, the District Administrative Authority shall immediately and on the shortest possible time. In the case of a veterinary surgeon, of a veterinarian is only that or This is required for display.

Measures after viewing

§ 8. (1) After the notification has been submitted in accordance with § 7, the district administrative authority shall carry out the necessary surveys on the spot, if necessary, to identify the suspicion of the disease and to carry out diagnostic procedures in accordance with the following conditions: To carry out sections of the bovine animals of the herd.

(2) The result of a blood serological examination of "IBR/IPV, Bangseuche-or bovine leukosis-dubious" is the result of the examination of the bovine concerned so often until the bovine animal is detected as a Reagent in accordance with § 13; or is no longer suspicious in accordance with Section 12 (2). Repeat examinations must not be carried out in the six weeks period to six weeks after the calving has been completed. Taking into account the operating situation, the procedure in accordance with section 21 (4) is also permissible (determination of the findings).

(3) Where the IBR/IPV, Bangseuche-or bovine leukosis district administrative authority has established a stock, it shall have all bovine animals of the herd at the age of six months and, depending on the disease identified, in accordance with § § 23, 26 or 29. under investigation (follow-up).

(4) In order to detect a suspected epidemic, the competent district administrative authority shall carry out epidemiological surveys to the extent necessary.

Suspicious stocks

§ 9. (1) IBR/IPV, bangepidemic or bovine leukosis shall be a stock,

1.

in which an animal suspected of being infected is located or has been in the last three months, or

2.

in which a disease suspect animal is located, or

3.

in the case of investigations carried out in the context of monitoring programmes pursuant to § 18

a)

two consecutive non-negative milk-serological findings (§ 21 (2) (3)) or

b)

a non-negative milk-serological finding, which, in conjunction with the results of further epidemiological studies (Article 21 (2) (1)), indicates the presence of an infection with the disease in the herd, or

c)

a non-negative milk-serological findings without reference to an unspecific reaction and without further epidemiological evidence of the presence of an infection with the disease in the herd (§ 21 para. 2 Z 2); or

d)

non-negative blood serological findings (§ 21 (3) and (4)); or

4.

an ad according to § 7 para. 1 Z 5 has been made.

(2) Unless otherwise specified below, an IBR/IPV, banana-or bovine leukosis-based stock shall be subject to an officially recognised IBR/IPV, bangseuchen or bovine leukosis-free stock if:

1.

the animals referred to in paragraph 1 (1) (1) satisfy the conditions laid down in Article 11 (2); and

2.

the animals referred to in paragraph 1 (2) satisfy the conditions laid down in Article 12 (2); and

3.

from abroad, contrary to the provisions of the Internal Market Regulation 2008-BVO 2008, BGBl. II No 473/2008, or the Animal Veterinary Ordinance 2008-VEVO 2008, BGBl. II No 474/2008, animals affected by an ad pursuant to Article 7 (1) Z 5 and which have not been identified as suspected or suspected of being infected or suspected of being removed from the herd and which are not at the earliest after the expiry of the period of for four weeks, a single animal testing of all bovine animals over six months, as well as of other suspected bovine animals of the herd by means of blood sample, has produced a negative result.

Contaminated stocks

§ 10. (1) The IBR/IPV, banana or bovine leukosis disease shall be considered to be a stock in which one or more Reagents are located or have been found. It shall be deemed to be contaminated until the conditions laid down in paragraph 2 have been met.

(2) Unless otherwise specified below, an IBR/IPV, banana-or bovine leukosis-contaminated stock shall be subject to an officially recognised IBR/IPV, banana-or bovine leukosis-free stock if:

1.

all the Reagents have been exalted and

2.

after removal of the last agent, the cleaning and disinfection has been carried out in accordance with § 15 and

3.

after the cleaning and disinfection has been carried out, the result of two consecutive examinations (after-examination) of all bovine animals of the herd at the age of six months and on the basis of the time limits laid down in § § 23, 26 or 29 "negative" lauded.

Suspicious animal

§ 11. (1) The suspect is a bovine animal,

1.

together with a Reagent, or within the last three months prior to the establishment of a Reagent, together with the Reagent; or

2.

within the last three months prior to the identification of a agent on the pasture, on a transport, on a cover, on an animal market or in any other way than in Z 1, or

3.

whose animal health status is unknown with regard to IBR/IPV, Bangseuche or bovine leukosis.

(2) A bovine animal is no longer suspected of being infected if, after removal of the contagion possibilities, the necessary follow-up examinations have been carried out in accordance with § § 23, 26 or 29 with negative result.

Suspect animal

§ 12. (1) IBR/IPV, bangepidemic or bovine leukosis is a bovine animal,

1.

has the disease in accordance with Article 7 (1) (1) (1), which arouse suspicion of IBR/IPV, Bangseuche or bovine leukosis, or

2.

in which the result of the blood serological examination was "doubtful" or

3.

in which, after his death, in particular in the course of the investigation, changes are identified which raise the suspicion of IBR/IPV, Bangseuche or bovine leukosis in accordance with § 7 (1) Z 2.

(2) A bovine animal in which the result of the blood serological examination was "doubtful" is no longer suspicious if the result of two consecutive repeated examinations of the suspected bovine animals at a distance of at least four In the case of IBR/IPV and Bangseuche, or six weeks at bovine leukosis, "negative" was the case. Repeat examinations must not be carried out in the six weeks period to six weeks after the calving has been completed.

Reagent

§ 13. (1) Reagent is

1.

a bovine animal in which the pathogen of the IBR/IPV, Bangseuche or bovine leukosis could be detected, or

2.

a bovine animal aged at least six months in which the result of the serological examination was "positive"; or

3.

a bovine animal aged at least six months in which the result of three consecutive blood serological tests was "doubtful", or

4.

a bovine animal aged less than six months, who was born by a reagent or has been sucked in at a reagent.

(2) Without prejudice to paragraph 1 Z 3, bovine animals shall not be regarded as a Reagent in accordance with § § 22 (2) and (25) (2).

Re-agent eradication

§ 14. (1) The District Administrative Authority shall have the eradication of all IBR/IPV, Bangseuche or bovine leukosis Reagents by means of an indication of the ear marker numbers. Reagents are to be delivered directly to slaughterhouses for slaughter.

(2) The period of grace shall be fixed, unless otherwise specified in the following, with a maximum of six weeks.

(3) The official meat inspection veterinarian or the official meat inspection veterinarian has the animal keeper or animal keeper of the slaughtering of bovine animals slaughtered on the basis of the eradication ordered, or to issue a confirmation to the animal keeper.

Cleaning and disinfection

§ 15. After removal of the last agent, the cleaning and disinfection of the stable shall be carried out under official supervision and the follow-up examination procedure, depending on the disease, in accordance with § § 23, 26 or 29.

Traffic restrictions

§ 16. (1) It shall be prohibited to place on the market bovine animals which are not officially recognised IBR/IPV, bangseuchen or bovine leukosis free.

(2) If a stock is suspected or contaminated within the meaning of Section 9 (1) or (10) (1), it shall be prohibited,

1.

to introduce bovine animals into the bovine animals or

2.

to allow female bovine animals to be covered with the animals of other stocks; or

3.

to use bulls for the blankets of female bovine animals of other stocks; or

4.

To use the bulls of the stock for seed production or to make semen of animals for artificial insemination, or , or

5.

Embryos obtained from bovine animals of the herd must be transferred to ammenets of other stocks.

(3) Weiters shall be prohibited from:

1.

For artificial insemination, semen of animals vaccinated against IBR/IPV, infestation or bovine leukosis, or which are kept together with the animals vaccinated against the said diseases, for artificial insemination, or

2.

Reagents (§ 13), suspect (§ 12) and suspected suspected (§ 11) bovine animals to undergo treatment against IBR/IPV, Bangseuche or bovine leukosis.

(4) The keeper or keeper the animal keeper has

1.

to indicate the intended levy of bovine animals from an IBR/IPV, bangdisease or bovine leukosis or suspected herd for slaughter of the district administrative authority; and

2.

The Reagents shall be open and looked after separately from the other bovine animals of the IBR/IPV, infestation or bovine leukosis infected by the other bovine animals of the IBR/IPV, and

3.

to prevent the sucking of calves to Reagents.

(5) except for the prohibitions referred to in paragraph 2 (4), the semen located in a semen collection centre, which has been obtained from the disease until the last negative examination of the animals of that insemination station, shall be the same. If this insemination station is officially recognised as being free from the disease in question, then all the seeds of the negatively tested bulls may be released and used. Seeds of positive animals obtained from the last negative examination on the disease in question must be destroyed.

(6) Milk of Disease Agents must not be placed on the market, but

1.

is safe to dispose of, or

2.

may, after being boiled, be used exclusively for the feeding of animals of its own stock.

(7) Milk of bovine animals from herds which are not officially recognised for the disease may, unless they fall within the scope of paragraph 6, without prejudice to the provisions of Section 25 (2), only in accordance with the provisions of Regulation (EC) No 853/2004 Annex III, Section IX Chapter I, placed on the market for human consumption or after being boiled, is used to feed animals of its own stock.

(8) The district administrative authority shall have the keeper the keeper of the animal shall be responsible for the existence of circumstances leading to the loss of the officially recognised freedom, referring to the legal consequences of each case (suspected stock, contaminated stock) and under the guidance of the persons in question in the event of a loss of officially recognised freedom in the case of Annex H , verifiable information.

Transport rules

§ 17. The transport of bovine animals from a non-officially free establishment for slaughter shall be carried out directly for slaughter by the operation concerned, without any intermediate stop, in the case of a holding holding operation. Bovine animals suspected of being infected or infected with the disease must be transported separately from animals with a different health status.

Section 2

Active monitoring of IBR/IPV, Bangseuche and bovine leukosis

Monitoring programmes and sampling

§ 18. (1) The Federal Minister for Health shall draw up a monitoring programme in the context of which bovine animals-according to a report drawn up by the AGES and approved by the Federal Minister of Health and published in the "Official Veterinary Messages"-shall be published. Sample plan-should be subject to a corresponding study on the disease. In principle, the relevant provisions of the European Union must be taken into account, as well as taking into account all the holdings and stocks of a federal state, including the number of studies already carried out in the relevant stock. To be taken care of. establishments whose holdings or stocks have in the past been infected by the IBR/IPV, Bangseuche or bovine leukosis, establishments with animal imports or intra-Community shipments, holdings with strong animal transport and trade, and establishments; which Community pastures are to be given preference in the design of the sample. The inclusion of milk, fattening and suckler cow farms is to be ensured in the epidemiologically necessary extent.

(2) The conduct of the investigations carried out under the monitoring programmes referred to in paragraph 1 shall be arranged in the form of random checks, in accordance with a risk-based sampling plan drawn up by the AGES, by the Governor of the Land. In the organisation of the studies, it is important to ensure that, as a result of the sampling, it is also possible to carry out tests on other diseases monitored in accordance with the TGG.

(3) The studies shall be carried out, taking into account any measures necessary to combat other animal diseases, the status of the control system, the degree of contamination, the state of play of the scientific community and taking account of the situation in which the disease is carried out. to the relevant provisions of the European Union and of the OIE.

Conduct of investigations and data transfer

§ 19. The Governor of the State shall ensure that the serological tests are carried out on IBR/IPV, Bangseuche and bovine leucosis in the following manner:

1.

In those establishments provided for in the sampling plan, in which milk sampling is not carried out, all bovine animals aged over two years, but not more than 10 per herd, shall be examined by blood samples. This blood sample can also be carried out in the course of slaughter.

2.

The raw milk producing holdings provided for in the sampling plan with lactating bovine animals in which the number of female bovine animals over 24 months in the herd is at least 30%, with the exception of mere suckler herds, provided that: Annex C not otherwise determined by means of milk samples from all lactating bovine animals.

3.

The data relating to the identity and traceability of the samples shall be transmitted to the investigative body by electronic means in accordance with the following provisions:

a)

Samples drawn by the official veterinarians are to be sent in any case using the VIS. The identity of the samples and the traceability of the samples to the holdings and individual animals or, in the case of a milk sample coming from several lactating cattle, shall be given for the respective holding in the examination of the samples. be.

b)

In the case of milk samples in accordance with Article 20 (3), the data relating to the identity and traceability of the samples, in particular the LFBIS No of the holding concerned and, where appropriate, the ear tag number of the animal concerned, in accordance with the instructions of the investigating body.

Sampling and rehearsals

§ 20. (1) The sampling and the studies shall be carried out in accordance with the procedure referred to in Annex C and Annex D regulated procedures and laboratory methods.

(2) The samples taken, with the exception of the milk samples in accordance with paragraph 3, shall be sent immediately to an investigative body responsible in accordance with § 4.

(3) The required milk samples shall be from territorial laboratories of the Austrian milk test rings, which have an accredited or certified sampling system, or from the investigative body according to § 3 or from a laboratory, which shall be of the BVD Ordination 2007, BGBl. II No 178/2007, authored and processed milk samples.

(4) In stocks of more than 50 bovine animals, the number of lactating bovine animals shall be determined. The identification of the number may be omitted if, according to the VIS or the bovine database, no more than 50 female bovine animals over two years are in the same holding. If, according to the VIS or the bovine database, more than 50 female bovine animals are in operation over two years, it is also possible to take blood samples instead of taking milk samples.

(5) In the organisation of the investigations, care should be taken to ensure that any further necessary examinations and checks can also be carried out in accordance with veterinary regulations during the course of the sampling.

(6) In the case of bovine animals which are not properly marked and which are subjected to serological or ordered investigations, their proper labelling shall be immediately required.

Diagnostic

§ 21. (1) The diagnostic position shall be issued by the competent official veterinarian or shall be carried out by the competent official veterinarian, taking into account the laboratory results and the epidemiological situation in the herd.

(2) In the case of periodic analyses of milk samples, no negative laboratory results shall be obtained, and shall be immediately followed by all the animals of the stock of the official veterinarian, or to be examined by the official veterinarian on indications of IBR/IPV, Bangseuche or bovine leukosis, taking into account, in any case, the epidemiological situation of the population and the occurrence of abortions. Then proceed as follows:

1.

Show the surveys by the official veterinarian or the official veterinarian that there is no possibility of IBR/IPV, Bangseuche or bovine leukosis disease being excluded must immediately take blood samples from all bovine animals from the age of six months, and in the National Reference Laboratory for IBR/IPV, To investigate the presence of the disease or bovine leukosis on IBR/IPV, in the case of infestations or bovine leucosis. The inventory shall be valid until the results of the reconnaction investigation are available as IBR/IPV, bangseuchen-or rinderleukoseverdächtig.

2.

Show the surveys by the official veterinarian or the official veterinarian, that there is no further evidence of an IBR/IPV, Bangdisease or bovine leukosis disease, shall immediately take blood samples from all bovine animals from an age of two years and be included in the National Reference Laboratory for IBR/IPV, Bangseuche or bovine leukosis on IBR/IPV, Bangseuche or bovine leukosis. The inventory shall be valid until the results of the reconnaction investigation are available as IBR/IPV, bangseuchen-or rinderleukoseverdächtig.

3.

If the epidemiological circumstances suggest that the outcome of the milk investigation has been erroneously produced by non-specific reactions, a further study of milk samples at a distance of not more than four weeks may be carried out. .

4.

If a second milk sample is taken and this sample is again not negative, the epidemiological surveys shall be carried out in accordance with Z 1 or Z 2, depending on the outcome of the epidemiological surveys.

(3) In the case of tests of blood samples, no negative laboratory results shall be applied in accordance with the prescribed test methods, the herd shall be valid until the results of the repeat and/or repeat tests have been carried out. Determination of the IBR/IPV, bangseuchen or cattle leukosis.

(4) If the epidemiological circumstances or other test methods suggest that the result of the blood sample investigation as referred to in paragraph 3 has been falsely established by non-specific reactions, the stock shall be considered as IBR/IPV, bangseuchen-or barderleukoseverdächtig and it is possible, taking into account the operating situation, to investigate a determination by the official veterinarian or the official veterinarian, who shall be responsible for the following:

1.

The affected animal shall be immediately notified of the diagnostic slaughter, which is verifiably possible (i.e. within a maximum of two weeks), on the order of the district administrative authority.

2.

Prior to diagnostic slaughter, the National Reference Laboratory for IBR/IPV, Bangseuche-or bovine leukosis shall be contacted. In all cases, blood samples and organs are in accordance with the procedure referred to in Annex D See. Further sampling may be carried out on the recommendation of the National Reference Laboratory for IBR/IPV, Bangseuche-or bovine leukosis.

3.

If the results of the tests carried out in accordance with Z 2 are negative, the herd concerned must be examined in a blood serological order at the earliest after four weeks of delivery of the slaughtered animal (determination of the findings).

4.

If the result of the determination is negative, the stock shall be deemed to be officially recognised as IBR/IPV, bangseuchen-or rinderleukosefrei (IBR/IPV).

5.

In the case of a positive or dubious result, as well as the absence of diagnostic slaughter, the provisions of § 8 (2) and (3) shall be applied.

Section 3

Special provisions for the supervision of IBR/IPV

Action in special cases of suspicity

§ 22. (1) In the case of an IBR/IPV suspected or contaminated stock, as well as in the cases of § 7 para. 1 Z 1 and 2, the following is to be done in the case of a reprehensilty:

1.

Dead foetuses and post-births are up to the arrival of the official veterinarian. to keep the official veterinarian in a place that excludes the disappearance of the foetuses and afterbirths and, after the examination material has been taken out, by the official veterinarian, the official veterinarian and the appropriate disinfection in accordance with the provisions of the Animal Materials Act (TMG), BGBl. Regulation (EC) No 141/2003, and Regulation (EC) No 1069/2009 laying down health rules for animal by-products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (OJ L 327, 30.12.2002, p. No. OJ L 300, 14.11.2009, p. 1).

2.

The official veterinarian or the official veterinarian has that of the animal keeper or to check the precautions taken by the keeper, a blood sample of the bovine animal which has been aborted and other investigative material (if possible also the post-birth) to carry out further studies on indications of the presence of IBR/IPV pathogens to be sent to the national reference laboratory for IBR/IPV and suitable disinfection measures should be arranged.

3.

If the result of the examination of the blood sample is not IBR/IPV positive, the blood sample should be repeated after the expiry of two weeks after the discard (paarige blood sample). If the result of the paired blood sample as well as the examination of the examination material is negative, the stock is officially recognized IBR/IPV-free. If the result of the investigation is positive, the stock shall be considered to be IBR/IPV contaminated. If the result of an investigation is not clearly negative, the stock is considered to be IBR/IPV suspicious. The animal must not be moved or slaughtered or killed until the examination (paarige blood sample) is completed.

(2) By way of derogation from the provisions of section 21 (4), the animal keeper's application shall apply, respectively. of the keeper in the case of pregnant herds and pregnant animals used in programmes for the conservation of pet breeds or blows at risk, where the epidemiological survey suggests that the non-negative The result of the examination of the blood sample has been falsely established by non-specific reactions and there is no epidemiological evidence of an IBR/IPV disease in the herd, to choose the following procedure:

1.

The stock is considered suspicious.

2.

The end of the gestation is to be seen.

3.

After the waste has been calmated, the official veterinarian or from the official veterinarian as soon as possible to send the rebirth and blood of the born calf as well as the blood of the mother animal to the IBR/IPV national reference laboratory for IBR/IPV to be examined for IBR/IPV and in any case to be examined at IBR/IPV. In order to answer the question as to whether the pathogen is present in the herd, the use of all suitably validated and scientifically recognised methods of investigation provided by the EU or the OIE shall be permitted.

4.

In case of failure, the animal keeper or the keeper of the animal shall have all bovine animals of the herd six months old, in the case of a normal birth, to have blood serological examination of all bovine animals aged two years or more at the earliest after four weeks from the date of discaration or the birth of the calf.

5.

If all investigations show a negative result, the stock shall be deemed to be officially recognized IBR/IPV-free.

6.

If all the tests except the parent animal show a negative result, the animal keeper or the animal keeper is approved. of the keeper in accordance with section 21 (4); agrees with the keeper of the animal or the keeper is not to be elected, the following procedure shall be chosen:

a)

Show the clinical examination of the stock as well as the epidemiological surveys conducted by the official veterinarian. the official veterinarian, that there are no indications of the existence of an IBR/IPV disease, the stock shall be deemed to be officially recognized as IBR/IPV.

b)

The non-negative reaction animal must not be placed on the market. This individual animal barrier shall be entered in the VIS accordingly.

c)

Occur in milk tests in a herd in which a bovine animal is in accordance with. lit. b, once again non-negative laboratory results for IBR/IPV, shall be taken in accordance with Section 21 (2) (2) (2).

d)

Show the studies in the national reference laboratory for IBR/IPV that all investigations except for the studies of the animal according to lit. b for IBR/IPV is negative, the stock shall be deemed to be officially recognized IBR/IPV free.

Investigations and regaining of officially recognised freedom after the establishment of the IBR/IPV

§ 23. An IBR/IPV-contaminated stock shall become an officially recognised IBR/IPV-free stock if the first of the two follow-up examinations is carried out in accordance with § 10 para. 2 Z 3 at the earliest four weeks after the disinfection has been carried out, and between the two After-examination is a distance of four weeks.

Eradication

§ 24. (1) The District Administrative Authority shall arrange the eradication of all bovine animals in a herd if the sum of the IBR/IPV Reagents is at least 75% of the cattle of the herd at the age of six months and above.

(2) By way of derogation from the provisions of Section 14 (2), the period of grace for IBR/IPV-contaminated stocks shall be fixed at a maximum of three months, but the number of Reagents shall not exceed 20% of the bovine animals of the herd aged at least six months may be.

Section 4

Special provisions for the control of the disease in cattle

Action in special cases of suspicity

§ 25. (1) In the case of a bank-suspect or bang-contaminated stock as well as in the cases of § 7 para. 1 Z 1 and 2, the following is to be done in the case of a reprehensilty:

1.

Dead foetuses and post-births are up to the arrival of the official veterinarian. to keep the official veterinarian in a place that excludes a spilling of the fetuses and after-birth, and after taking the test material by the official veterinarian and the appropriate disinfection, in accordance with the provisions of the TMG and the Regulation (EC) No 1069/2009 is to be eliminated.

2.

The official veterinarian or the official veterinarian has that of the animal keeper or to check the precautions taken by the keeper, a blood sample of the bovine animal which has been aborted and other material to be examined (if possible also the post-birth) to carry out further studies on evidence of the presence of To send the disease to the national reference laboratory and to arrange for appropriate disinfection measures.

3.

If the result of the examination of the blood sample is not bangpositive, the blood sample should be repeated after the expiry of two weeks after the discard (paarige blood sample). If the result of the paired blood sample as well as the examination of the examination material is negative, the stock is officially recognized bangfree. If the result of the investigation is positive, the stock is considered to be a bang contaminated site. If the result of an investigation is not clearly negative, the stock shall continue to be considered as suspect. The animal must not be moved or slaughtered or killed until the examination (paarige blood sample) is completed.

(2) By way of derogation from the provisions of section 21 (4), the animal keeper's application shall apply, respectively. of the keeper in the case of pregnant herds and pregnant animals used in programmes for the conservation of pet breeds or blows at risk, where the epidemiological survey suggests that the non-negative The result of the examination of the blood sample has been falsely established by non-specific reactions and there is no epidemiological evidence of any disease in the population in the herd, to choose the following procedure:

1.

The stock shall be considered to be suspected of being a suspect.

2.

The milk of the animal concerned

a)

is safe to dispose of, or

b)

may, after being boiled, be used exclusively for the feeding of animals of its own stock.

3.

Milk from other animals of such stocks may only be placed on the market until the result of the investigation has been obtained if the milk has been heat-treated in such a way that the phosphatase test is negative. The loss of the officially recognised freedom of the stock is also the responsibility of the competent food authority and the zoonotic coordinator, respectively. to the zoonotic coordinator of the country.

4.

The end of the gestation is to be seen.

5.

After the waste has been calmated, the official veterinarian or from the official veterinarian as soon as possible, to send to the national reference laboratory for brucellosis the post-birth and blood of the baby's calf as well as the blood of the mother animal for the examination of the disease, and in any case to be examined for the presence of a disease in the region of the disease. In order to answer the question as to whether the pathogen is present in the herd, the use of all suitably validated and scientifically recognised methods of investigation provided by the EU or the OIE shall be permitted.

6.

In the event of a failure, the keeper shall, in any case, take the measures provided for in paragraph 1.

7.

As a result, all bovine animals aged six months and over, in the event of a normal birth, shall be examined in a blood serological order from two years after the expiry of four weeks after the expiry of the calf or the birth of the calf.

8.

If all investigations show a negative result, the stock shall be deemed to be officially bangfree.

9.

If all the tests except the parent animal show a negative result, the animal keeper or the animal keeper is approved. of the keeper in accordance with section 21 (4); agrees with the keeper of the animal or the keeper is not to be elected, the following procedure shall be chosen:

a)

Show the clinical examination of the stock as well as the epidemiological surveys conducted by the official veterinarian. the official veterinarian, that there is no evidence of the presence of a disease in the presence of a disease, the herd shall be deemed to be officially bangfree.

b)

The non-negative reaction animal must not be placed on the market. This individual animal barrier shall be entered in the VIS accordingly.

c)

If the periodic milk tests are carried out in a herd in which a bovine animal according to lit. (b) once again non-negative laboratory results for infestation are to be carried out in accordance with section 21 (2) (2) (2).

d)

Show the studies in the national reference laboratory for brucellosis, that all studies except for the studies of the animal according to lit. In the case of infestations, the stock shall be deemed to have been officially bangfree.

Investigations and regaining of officially recognised freedom after the detection of the disease in the country

§ 26. A bank-contaminated stock shall become an officially non-bangfree stock if the first of the two follow-up examinations is carried out at the earliest four weeks after the disinfection has been carried out, in accordance with Article 10 (2) (2) (3), and between the two Follow-up examinations are 60 days apart.

Eradication

§ 27. By way of derogation from § 14 (2), the period of grace for animals in which the pathogen of the disease has been detected (bacteriologically positive animals) shall be fixed at a maximum of two weeks.

Control of the disease in other domestic animals kept together with bovine animals

§ 28. (1) If, on the basis of epidemiological surveys, there is a suspicion that the disease may be transferred from other animals of susceptible species of the holding to the bovine animals or has already been transferred, the Authority shall also: of these animals and to arrange their separation so that the further contagion of animals and humans is excluded.

(2) If the examinations referred to in paragraph 1 indicate an infection of animals with the pathogen of the disease of the disease, the keeper of the animal or animal shall have the right to: the keeper, on the orders of the district managing authority, shall within a period of slaughter to be determined in accordance with section 14 (2) of the slaughtering in a slaughterhouse in Austria, or of killing and destruction. In the case of slaughter, the official meat inspection veterinarian or the official meat inspection veterinarian of the slaughtering of animals which have been slaughtered on the basis of the bulging, the keeper or the keeper, to issue a confirmation to the animal keeper.

(3) Where an infection of other animals has been established in accordance with para. 2, the bovine herd shall be deemed to be contaminated and shall not be considered officially free of the disease unless, after slaughter of all the agents and removal of all other animals, as provided for in paragraph 2, the bovine animal is considered to be contaminated. Investigation procedure-in the case of all other susceptible animals in a reasonable application of the provisions of § 10 para. 2 Z 3-has resulted in a negative result.

Section 5

Special provisions for the monitoring of bovine leucosis

Re-examination and recovery of officially recognised freedom after the determination of bovine leukosis

§ 29. A herd of bovine leukosis shall become an officially recognised bovine leukosis-free stock if the first of the two follow-up examinations is carried out at the earliest three months after the disinfection has been carried out in accordance with Article 10 (2) (3) and between the two follow-up examinations are six months apart.

Eradication

§ 30. The district managing authority shall arrange the eradication of all bovine animals of a herd if the sum of bovine leukosis agents is at least 75% of the bovine animals of the herd aged six months and above.

(2) By way of derogation from the provisions of Article 14 (2), the period of grace for bovine leukosis-contaminated stocks shall be fixed at a maximum of three months, but the number of Reagents shall not exceed 40% of the bovine animals of the herd aged at least six months may be.

3. Main piece

Specific provisions for the monitoring of BSE

Investigation requirements and sampling plan

§ 31. (1) In order to monitor the BSE situation, the following animals born in Austria shall be examined within a reasonable period of time:

1.

all of the clinically BSE-suspected animals that have been diagnosed as a result of the TSG;

2.

all bovine animals which have been killed and killed for 48 months, but which do not

a)

in the framework of measures to combat a notifiable animal disease (epidemic), or

b)

have been slaughtered for human consumption.

3.

all bovine animals slaughtered and slaughtered on the basis of a ban on slaughter aged 24 months in the following special cases:

a)

Emergency slaughterings outside the slaughterhouse in accordance with Annex III, Section I, Chapter VI of Regulation (EC) No 853/2004 laying down specific hygiene rules for food of animal origin (OJ L 327, 30.11.2004, p. No. OJ L 139, 30.4.2004, p.55);

b)

Slaughter in the case of a ban on slaughter in accordance with Annex I, Section II, Chapter III, Z 4 of Regulation (EC) No 854/2004 establishing specific procedural rules for the official control of products of animal origin intended for human consumption Origin (OJ No. OJ L 139, 30.4.2004, p.206);

c)

Bovine animals suspected of diseases to be cleared after slaughter, in accordance with Annex I, Section II, Chapter III, Z 5 of Regulation (EC) No 854/2004 (special slaughter);

4.

Bovine animals slaughtered healthy aged 20 months in the course of slaughter, if they are slaughtered the authorized persons have been shown to have taken note and accepted the conditions laid down by the Federal Minister of Health and published in the "Official Veterinary Messages" (Official Veterinary Office) (Investigation at the request of the Federal Minister for Health). ), as well as

5.

Bovine animals slaughtered at the age of 48 months after the establishment of the sampling plan in accordance with paragraph 2, provided that this is arranged by the Federal Minister of Health in accordance with the provisions of Regulation (EC) No 999/2001 in the "Official Veterinary Messages" .

(2) The risk-based sampling plan within the framework of the monitoring programme shall be drawn up in accordance with the guidelines of the Federal Minister for Health of the AGES. In this context, the selection of bovine animals to be examined each year, which are born in Austria, is epidemiologically necessary to maintain the BSE status conferred by the OIE as a function of the bovine herd of the bovine animals of the bovine animal. in the respective federal states.

(3) The sampling plan for the entire territory of the Federal Republic of Germany shall be taken into account Annex E to be drawn up by the AGES and published in the "Official Veterinary News" after approval by the Federal Minister of Health. The Governor of the State has to ensure that the investigations carried out are carried out in accordance with the requirements of the sampling plan.

(4) bovine animals born in other countries other than Austria shall be examined in accordance with the provisions of Regulation (EC) No 999/2001 and this Regulation and any other provisions laid down by the Federal Minister for Health and in accordance with published the "Official Veterinary News".

(5) bovine animals slaughtered from an age of 20 months, who were born in countries other than Austria, may be examined in the course of slaughter for BSE if the bovine animals or animals have been slaughtered in the course of slaughter for BSE. the authorized persons have been shown to have taken note and accepted the conditions laid down by the Federal Minister of Health and published in the "Official Veterinary Messages" (Official Veterinary Office) (Investigation at the request of the Federal Minister for Health). Authorized persons).

Investigation methods

§ 32. (1) The official veterinarian or the official veterinarian, in the case of section 31 (1) (3) to (5) and (4) and (5), the official veterinarian, the official veterinarian, shall be responsible for the slaughter of animals:

1.

Animals according to § 31 (1) (3) to (5) and (4) and (5) shall be investigated clinically for BSE. In the case of the investigation according to § 31 paragraph 1 Z 3, the clinical examination must be documented in detail. The documentation shall also be connected to the investigation order to the competent investigative body. Insofar as the possibility of sending them via the BGBl Ordinance pursuant to § 8 Fleischuntersuchungsverordnung 2006, BGBl. II No 109/2006, which consists of a slaughterhouse feedback system, is to be made mandatory.

2.

Pursuant to Regulation (EC) No 854/2004, the animals referred to in Article 31 (1) (3) (3) of this Regulation shall apply. c (special slaughter) shall be subject to a slaughtering in time or in space.

3.

If there is no clinical suspicion of the presence of a central nervous disease and there is no obligation to carry out further examinations for other reasons, all bovine animals to be sampled shall be subject to the sampling of samples. to the relevant parts of the brain in accordance with the relevant EU regulations and the OIE (Regulation (EC) No 999/2001 and OIE Manual) and to the responsible veterinary investigative body in accordance with the requirements of the § 33.

4.

Sampling shall be carried out in all bovine animals to be examined, with the exception of bovine animals with a clinical BSE suspicion, by means of a spoon method in accordance with the relevant EU and OIE rules (Regulation (EC) No 999/2001 and OIE). Manual). If it is not possible to obtain a sufficient quantity of sample material suitable for examination by means of a spoon method, or if the spoon method is not applicable, the whole of the skull, including a ear tag, is Ohrs, to send in. The consignment must be accompanied by the accompanying report, in which it is to be noted why, in the specific case, the spoon method does not apply or why it is not applicable. why the extraction of a sufficient quantity of suitable sample material was not possible.

(2) In the case of sampling in accordance with § 31 (1) Z 4 and (5) (investigation at the request of the the right of disposal) shall be as follows:

1.

The official veterinarian In this case, the official veterinarian has the signed declaration (declaration of the right of disposal) and, where appropriate, a copy of the sample accompanying notes in accordance with § 8 of the meat examination ordinance 2006 , to be assigned electronically, if necessary.

2.

The official veterinarian The official veterinarian has to clarify any questions relating to existing investigative capacities and probable duration of investigation in advance with the investigative body responsible pursuant to Section 33.

3.

For the submission of samples, use may be made of a form which has been published in the "Official Veterinary Messages".

4.

The investigative body must prescribe the costs of the investigations pursuant to § 31 (1) Z 4 and (5) by means of invoice to the person entitled to dispose of the costs. The collection and posting costs shall also be borne by the person entitled to dispose of the product.

(3) In the case of bovine animals which have been killed or killed and are to be examined for BSE, the appropriate brain samples shall be taken by the competent official veterinarian or by the competent official veterinarian at the earliest possible date at the local competent authority. Collection point or the intermediate treatment operation, in the case of direct delivery to a processing plant approved in accordance with § 3 TMG, in this, to be taken out and to be sent by use of the VIS. The agreement of the official veterinarian or of the official veterinarian is from the collection point or to be carried out immediately by the intermediate treatment or processing operations.

(4) In the case of bovine animals which have been killed or killed and which are to be investigated for BSE, sampling shall be carried out, provided that it is permitted to maintain the state of conservation and that it is possible to obtain sufficient test material suitable for examination by means of a spoon method otherwise the whole skull shall be sent, including an earmark. In the case of autolytic samples, if it is not possible for justifiable reasons to send the whole skull, sampling by means of a spoon method must be carried out in such a way that the obex, but at least 10 grams in size, is used for the treatment of the whole skull. Examination of suitable brain material from the trunk brain region (in sufficient quantity for the examination) can be found. The consignment must be sent to the investigative body responsible in accordance with § 33. The Einsenderin or the consignor has in all cases in which brain material is taken in already poor condition and is sent in writing to the laboratory, in writing, why the dispatch was only possible in such a condition.

(5) In the case of bovine animals referred to in Article 31 (1) (1) (1) (clinical BSE-suspicious bovine animals), the whole head with Atlas, including the ears of the animal with ear tags, shall be the official veterinarian. to be sent by the official veterinarian directly and immediately to the investigative body responsible pursuant to § 33. For the purposes of the TSG, a detailed description of the animal, including its special features, as well as a detailed clinical preliminary report in accordance with paragraph 6, must be stated in the course of the submission via the VIS in the comments field.

(6) The requirements for the design of reports, the declaration of the The Federal Minister of Health shall establish and publish in the "Official Veterinary Messages" (Official Veterinary Messages) the right to dispose in accordance with paragraph 2, of notifications and, where appropriate, of samples of samples in the course of the BSE investigations.

Investigating body and National Reference Laboratory

§ 33. (1) Investigations of samples shall be carried out by an investigative body accredited for such investigations. The investigative body is the AGES, Institute of Veterinary Investigations, Mödling. The way the sample is sent is determined by the Federal Minister of Health and made known in the "Official Veterinary Messages".

(2) National Reference Laboratory for TSE is AGES, Institute of Veterinary Investigations, Mödling. His duties are in Annex F Point 1.

Data collection

§ 34. (1) Data relating to the identity and traceability of samples taken shall be transmitted to the national reference laboratory for TSE. In doing so, the identity and traceability of the samples must be given to the flocks and to the individual animals. In the event of a proper submission via the VIS or the slaughterhouse feedback system, this requirement shall be deemed to have been fulfilled. For the submission of samples which do not take place via the VIS or the slaughterhouse feedback system, the data transmission is published by the Federal Minister of Health in the "Official Veterinary News".

(2) The investigative bodies shall have any official control activities, such as compliance with the obligation to investigate, by providing the sample accompanying documents in the form of copies, respectively. in electronic form. Such control activities are published by the Federal Minister of Health in the "Official Veterinary News".

(3) In the course of the checks, evidence showing that animals which are not subject to investigation and which do not fall under the animals to be examined voluntarily have been examined, these animals shall be identified separately, the data shall be corrected accordingly and shall be immediately adjusted between the investigative body, the reference laboratory, the competent authority and the Federal Ministry of Health.

Maintenance of animal carcasses, measures at the slaughterhouse

§ 35. (1) All parts of the body (including the skin and the ear of the ear) of slaughtered bovine animals examined for BSE shall in any case be maintained under official supervision until a negative result of the bovine spongiform encephalon has been observed. Rapid tests are available. Specified risk material (SRM), with the exception of an ear tag-marked whole ear per beef, which is investigated for BSE, shall be destroyed in accordance with the relevant provisions of the TMG and Regulation (EC) No 1069/2009. The parts of a tried-and-tested animal (including the ear marked by the ear tag) must be kept in such a way that they remain unambiguably capable of being assigned.

(2) A animal slaughtered for human consumption (healthy bovine animal slaughtered for human consumption, slaughter of special cause and slaughter with an examination of BSE at the request of the animal slaughtered or slaughtered for human consumption) shall be: of the authorized person; animals tested for BSE in accordance with Article 31 (1), (3) to (5) and (5), the health mark on the carcass shall not be carried out until a negative result of the rapid test has been obtained.

(3) In accordance with Regulation (EC) No 999/2001, Annex III, Chapter A, Z 6.2, the Governor of the State may, on request, grant exemptions from the provision laid down in paragraph 2 if it is a written and officially certified written document in the slaughterhouse. and in writing, which ensures that no parts of the already marked animal bodies will leave the slaughterhouse or continue to be processed before a negative result of the rapid test has been obtained. This officially recognised system shall, in particular, take account of the following points:

1.

the definition of the type of dissemination of information with regard to the results of the BSE-related findings,

2.

in the refrigeration room, physical checks on the completeness of the number and identity of the animals from which the samples were sent for examination,

3.

Safeguard measures against the unlawful removal of carcasses or by-products,

4.

Release of the carcasses and by-products by the official veterinarian or the official veterinarian and its control over the completeness of the date of release and the conformity of the animals ' identity with the results of the investigation;

5.

the steps according to Z 2 to 4 are to be documented continuously and in writing at all times.

The updated list of such companies has to be submitted to the Federal Ministry of Health by the Governor of the Federal State.

(4) The provisions of para. 1 to 3 shall also apply to any animal which is immediately preceded by an animal subject to an investigation in the order of slaughter and for those two animals which are subject to the animal in the order of slaughter. immediately follow.

(5) On request, the Landeshauptmann may grant exemptions from the provision in accordance with paragraph 4 if there is a written document in the slaughterhouse as well as an officially certified and in writing recognized system which ensures that a Contamination between carcases is prevented. The provincial governor has to submit a list of such companies to the Federal Ministry of Health.

(6) Animals in accordance with § 31 (1) Z 1 and 2 (bovine animals with clinical BSE suspicion and killed or killed bovine animals) shall be immediately harmless after taking the sample in accordance with the relevant provisions of the TMG and Regulation (EC) No 1069/2009. remove. If samples were taken by means of a spoon method, the ear marked by ear tag must in any case be kept up to the presence of a negative finding. In the event of a positive finding, the ear marked by ear tag shall be sent to the national reference laboratory for TSE in order to identify the identity.

(7) All parts of the body of positively tested animals, including the skin, shall be destroyed in accordance with the relevant provisions of Regulation (EC) No 1069/2009, with the exception of the material used in conjunction with the records referred to in § 36 and Annex F Pkt. 2 must be kept.

(8) The provisions of Regulation (EC) No 999/2001 and of the TSG shall apply if there is a positive result of the investigation.

(9) In order to safeguard the genetic identity of an animal in the presence of a positive BSE-based findings, the competent official veterinarian or from the competent official veterinarian at the request of the the person entitled to dispose, or the keeper, of the keeper, of the animal holder, whose holding comes from the positive animal, in the presence of the of the authorized representative and of an authorised representative, or an authorised representative of the agricultural holding, from which the positively infused animal is derived, in accordance with the present records, to send the associated ear to the national reference laboratory with the ear tag.

(10) In order to establish the genetic identity of the associated carcase, the presence of a positive assessment shall be carried out at the request of the the person entitled to dispose, or the keeper, of the keeper, of the animal holder, whose holding comes from the positive animal, by the competent official veterinarian, from the competent official veterinarian, also to take a muscle sample from the carcase and to send it to the national reference laboratory for TSE. The to the right of disposal and to the representative or The representative of the agricultural holding concerned shall be given the opportunity to take appropriate counter-samples.

Laboratory testing

§ 36. (1) Samples to be tested for BSE are in accordance with the methods and protocols in the respective current edition of the OIE diagnostic manual (Manual of Standards for Diagnostic Tests and Vaccines for Terrestrial Animals-hereinafter referred to as "Manual of Standards for Diagnostic Tests"). The OCE Manual). It should also be taken into consideration that sufficient material is available for any test retries. Where appropriate methods and protocols are not available, sampling shall be carried out in a manner appropriate for the proper conduct of the tests to be carried out by the National Reference Laboratory for TSE. The guidelines and guidelines of the Community TSE Reference Laboratory shall also be taken into account. Each sample shall be labelled in such a way that the identity of the animal tested is clearly detectable.

(2) More detailed provisions on the carrying out of laboratory tests shall be provided in the Annex F Point 2.

(3) The national reference laboratory for TSE shall establish, by means of appropriate examinations for the confirmation of the identity in accordance with § 35 (9) and (10), whether the positive sample of the brain is genetically determined with the muscle sample and the sample used by the Ear tag associated ear is the same. The corresponding test material must also be kept for seven years.

(4) The investigative bodies shall have samples which, in accordance with § 31 (1) (1) (1) (bovine animals with clinical BSE suspicion), § 31 (1) (2) (terminated or killed bovine animals), § 31 (1) (3) (emergency slaughter), special slaughters and killings on the grounds of a ban on slaughter ) and § 31 (1) (4) (healthy bovine animals slaughtered for human consumption) should be examined as a matter of priority.

4. Main piece

Duties of animal keepers

Special obligations

§ 37. (1) For the purposes of Section 2 (5) of the TGG, the animal keeper or the animal keeper, in particular,

1.

to tolerate or permit official measures under this Regulation,

2.

to provide the necessary information,

3.

to provide the documents necessary for the identification of the facts,

4.

free of charge for the necessary assistance in the administrative surveys and investigations-this includes the provision of a suitable facility for the fixing of cattle and the fixing of animals for the protection of limb and life in a suitable way,

5.

Confirmations of

a)

the animals discharged in accordance with the provisions of this Regulation on the killing and destruction of such animals,

b)

the slaughter of bovine animals infected with IBR/IPV, bang or bovine leukosis, and

c)

the slaughter of animals slaughtered in accordance with § 27

shall be kept for at least five years and shall be handed over to the Authority for inspection at the request of the Authority,

6.

to provide the necessary assistance in disinfection.

(2) The keeper or keeper the keeper has to take all reasonable steps to stop the infection of other animals, in particular the secretion of the sick and suspected animals.

Penalties

§ 38. Infringements of bids or prohibitions of this Regulation shall be punished in accordance with § 15 Z 7 TGG.

5. Main piece

Financial provisions

Investigation Cost

§ 39. (1) The Federal Government shall bear the following costs:

1.

the costs of the milk serological tests on IBR/IPV, Bangseuche and bovine leukosis in accordance with § 19 Z 2,

2.

the costs of the blood serological tests on IBR/IPV, Bangseuche and bovine leukosis in accordance with § 19 Z 1,

3.

the transport costs of the samples taken under the IBR/IPV, the control of the bovine leukosis and bovine leukosis according to § 20,

4.

the cost of the investigations carried out in the context of the BSE monitoring system in accordance with the III. Samples taken with the exception of the cases referred to in paragraphs 3 and 4 above,

5.

the transport costs of the samples taken in the course of the BSE monitoring, with the exception of the cases referred to in paragraphs 3 and 4.

(2) The keeper or keeper the animal keeper or the the person entitled to dispose of the animals shall bear the costs incurred as a result of the suspension and maintenance and supervision of the animals. You or It shall also provide the necessary assistance in the field of administrative surveys and examinations, as well as in disinfection, and shall bear the costs.

(3) The costs of BSE screening of bovine animals pursuant to Article 31 (1) (4) and (4) and (5) shall be borne by the Member State or the Member State. to the person entitled to dispose.

(4) The costs of the genotyping examinations pursuant to § 35 (9) and (10) shall be borne by the applicant respectively. to be borne by the applicant.

Compensation

§ 40. (1) Animal keepers shall have animals whose eradication has been officially ordered on the basis of the provisions of this Regulation. which were supplied to the diagnostic slaughter, claim to be compensated for by the second major part of the TGG. A confirmation must be provided for all animals of a stock to be slaughtered within the prescribed period for slaughter and slaughtering.

(2) The amount of compensation shall be determined in accordance with the provisions of Section 8 (3a) of the TGG Annex G of this Regulation, less of a slaughterhouse solution.

(3) The compensation procedure is governed by § 14 TGG.

(4) Compensation shall not be due if animals were introduced into a stock in breach of the provisions of this Regulation or of the BVO 2008 or of the VEVO 2008.

6. Main piece

Final provisions

entry into force

§ 41. This Regulation shall enter into force 1. Jänner 2014 in force.

Override

§ 42. With the entry into force of this Regulation, the following legal provisions shall be

1.

The Bangseuchen Investigation Ordinance 2008, BGBl. II No 305/2007, as last amended by BGBl. II No 479/2010,

2.

IBR/IPV investigative ordinance 2008, BGBl. II No 306/2007, as last amended by BGBl. II No 478/2010,

3.

Bovine leukosis-examination regulation 2008, BGBl. II No 304/2007, as last amended by BGBl. II No 477/2010.

Transitional provision

§ 43. Investigations begun before the entry into force of this Regulation, pursuant to the legislation referred to in Article 42, shall be considered as investigations within the meaning of this Regulation.

References

§ 44. To the extent that this Regulation refers to Austrian federal laws or regulations or to provisions in directly applicable regulations of the European Union (EU), these are to be applied in their respectively applicable version.

Stöger