When BSE is confirmed in a herd, Council Regulation 999/2001 as amended, requires as a default position, for the slaughter of all other bovine animals in the herd, the progeny of infected female bovine animals born within two years before or after the clinical onset of the disease, and cohort animals on the infected holding or other holdings which may have been exposed to the same feed or contamination as the infected animal.
The regulation also provides that member states may, where the epidemiological circumstances allow, decide not to slaughter the entire herd in which the infected animal is present at the time of confirmation, but must, as a minimum, slaughter the progeny and cohorts of the infected animal. In drafting this regulation the EU Commission had regard to the views expressed by its scientific steering committee which has stated that while herd culling is having some effect both in terms of eliminating otherwise not identified pre-clinical cases, and in terms of preventing future cases from appearing, largely the same effect can be achieved with a more limited culling strategy.
Against this background member states, including Denmark, are at liberty to adopt a partial depopulation approach subject to the minimum requirements laid down in Council Regulation 999/2001.
In assessing its approach to dealing with herds in which BSE has been confirmed, Ireland in common with other member states, must have regard to a number of factors, including the public health dimension, the effect on individual farmers of allowing them to retain herds in which a BSE animal has been confirmed and the possible economic and trade consequences for the agri-food sector of a revised approach.