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Disease - Brucellosis - Compensation and Legislation

Compensation

Owners of bovine animals in Scotland whose animals are affected or suspected of being affected with Brucellosis will be slaughtered under Part 5 of the Brucellosis (Scotland) Order 2009 as made under section 32 of the Animal Health Act 1981 (The Act) for the purpose of Brucellosis control.

The Act gives powers for these affected or suspected animals to be slaughtered in the interests of both human and animal health. Owners may also be compensated under section 32(3) of The Act provided they have complied with the requirements of the Cattle Identification Regulations 2007 (as amended) which requires cattle to be identified by means of ear tags and have a valid cattle passport.

In Scotland, the compensation is paid at the lesser of 75% of market value (the purchase price which might reasonably have been obtained for it at the time of valuation from a purchaser in the open market if the animal was not affected with TB) or 93.75% of the average price, calculated in accordance with Articles 18,19 & 20 of the Brucellosis (Scotland) Order 2009 and is paid only for animals slaughtered as part of a Brucellosis control programme. Owners with animals that die or are killed for any other reason, even if Brucellosis is subsequently identified will not receive compensation for those animals.

The maximum amount of compensation currently payable is £1,248.

Where an animal is slaughtered because of exposure to infection from brucellosis but is not itself infected or a reactor, the compensation paid is an amount equal to its market value.

State Aid

This measure is aimed at compensating owners for losses caused by animal disease and payment of compensation is to Small and Medium Enterprises (SME's) as defined in Annex 1 to EC No. 702/2014 and complies with the EU State Aid rules in accordance with Article 26 (9) of the European Commission State Aid Regulation No. 702/2014.

The aid intensity for this will not exceed 100% of the market value of the animals slaughtered or culled and will be limited to losses caused by Brucellosis.

No individual aid shall be granted where it is established that the animal disease was caused deliberately or by the negligence of the beneficiary.

Legislation

Brucella Abortus

On the basis of  Directive 64/432/EEC (as amended by Directive 97/12/EC) Great Britain was declared officially free of bovine brucellosis in 1985.

The Brucellosis (Scotland) Order 2009 , Brucellosis (Scotland) Amendment Order 2011, Brucellosis (Scotland) Amendment Order 2014 and the Brucellosis (Scotland) Amendment (No2) Order 2014 are currently in place to implement Directive 64/432 EEC in relation to monitoring and testing for Brucella Abortus in cattle.

Brucella Melitensis

The UK was recognised as officially free from B.melitensis by Commission Decision 93/52EEC.

The Specified Diseases (Notification) Order 1996 Article 3 requires owners or keepers, veterinary surgeons and laboratories to formally notify their local APHA Office of any diagnosis or suspicion of Brucellosis caused by Brucella melitensis as per Schedule 1, Part 1 to this Order.