# L_2004298EN.01002501.xml

| 23.9.2004 | EN | Official Journal of the European Union | L 298/25 |
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23.9.2004

EN

Official Journal of the European Union

L 298/25

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COMMISSION DECISION

of 16 September 2004

amending Commission Decision 2001/376/EC as regards the dispatch of meat-and-bone meal of mammalian origin and related products from Portugal

(notified under document number C(2004) 3463)

(Text with EEA relevance)

(2004/653/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (1), and in particular Article 9(4) thereof,

Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (2), and in particular Article 10(4) thereof,

Whereas:

| (1) | Commission Decision 2001/376/EC of 18 April 2001 concerning measures made necessary by the occurrence of bovine spongiform encephalopathy in Portugal and implementing a date-based export scheme (3) contains certain provisions adopted to protect against bovine spongiform encephalopathy (BSE) due to the outbreak of that disease in Portugal. |
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(1)

Commission Decision 2001/376/EC of 18 April 2001 concerning measures made necessary by the occurrence of bovine spongiform encephalopathy in Portugal and implementing a date-based export scheme (3) contains certain provisions adopted to protect against bovine spongiform encephalopathy (BSE) due to the outbreak of that disease in Portugal.

| (2) | That Decision lays down specific rules made necessary due to the occurrence of BSE in Portugal including a prohibition on the dispatch of meat meal, bone meal and meat–and-bone meal of mammalian origin and animal feed and fertilisers containing such products (‘the meat-and-bone meal and related products’) from that Member State to other Member States or third countries. |
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(2)

That Decision lays down specific rules made necessary due to the occurrence of BSE in Portugal including a prohibition on the dispatch of meat meal, bone meal and meat–and-bone meal of mammalian origin and animal feed and fertilisers containing such products (‘the meat-and-bone meal and related products’) from that Member State to other Member States or third countries.

| (3) | However, Decision 2001/376/EC provides that Portugal may under certain conditions authorise the dispatch of the meat-and-bone meal and related products to other Member States which have given their authorisation. |
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(3)

However, Decision 2001/376/EC provides that Portugal may under certain conditions authorise the dispatch of the meat-and-bone meal and related products to other Member States which have given their authorisation.

| (4) | Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (4) lays down the conditions for the categorisation, collection, transportation, disposal, processing, use and intermediate storage of animal by-products. Under that Regulation the meat-and-bone meal and related products containing material from animals suspected or confirmed of having contracted BSE, or from animals killed under a BSE eradication measure are to be disposed of as waste by incineration or co-incineration in an approved incineration or co-incineration plant. |
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(4)

Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (4) lays down the conditions for the categorisation, collection, transportation, disposal, processing, use and intermediate storage of animal by-products. Under that Regulation the meat-and-bone meal and related products containing material from animals suspected or confirmed of having contracted BSE, or from animals killed under a BSE eradication measure are to be disposed of as waste by incineration or co-incineration in an approved incineration or co-incineration plant.

| (5) | Portugal has insufficient capacity to incinerate or co-incinerate the meat-and-bone meal and related products originating from animals suspected or confirmed of having contracted BSE, or from animals killed under a BSE eradication measure. The accumulation of stocks of that material could pose a risk for public and animal health. |
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(5)

Portugal has insufficient capacity to incinerate or co-incinerate the meat-and-bone meal and related products originating from animals suspected or confirmed of having contracted BSE, or from animals killed under a BSE eradication measure. The accumulation of stocks of that material could pose a risk for public and animal health.

| (6) | It is necessary to amend the conditions provided for in Decision 2001/376/EC for the dispatch of the meat-and-bone meal and related products from Portugal. That Decision should therefore be amended accordingly. |
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(6)

It is necessary to amend the conditions provided for in Decision 2001/376/EC for the dispatch of the meat-and-bone meal and related products from Portugal. That Decision should therefore be amended accordingly.

| (7) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
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(7)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

Annex II to Decision 2001/376/EC is amended in accordance with the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 16 September 2004.

For the Commission

David BYRNE

Member of the Commission

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(1)  
  OJ L 395, 30.12.1989, p. 13. Directive as last amended by Directive 2004/41/EC of the European Parliament and of the Council (OJ L 157, 30.4.2004, p. 33; Corrigenda: OJ L195, 2.6.2004, p. 12).

1

(2)  
  OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive 2002/33/EC of the European Parliament and of the Council (OJ L 315, 19.11.2002, p. 14).

2

(3)  
  OJ L 132, 15.5.2001, p. 17.

3

(4)  
  OJ L 273, 10.10.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 668/2004 (OJ L 112, 19.4.2004, p. 1).

4

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ANNEX

Part B of Annex II is replaced by the following:

ATTESTATION
  The undersigned official veterinarian certifies that the product described above contains meat meal, bone meal or meat-and bone meal of mammalian origin or animal feed or fertilisers containing such material, which cannot be used for purposes other than incineration or co-incineration (2).
  Done at , on (place) (date)
  (signature of the official veterinarian) (3)
  Stamp (3)
  (name in capital letters, qualifications and title)
  (2) As specified in Article 4(2)(b) of Regulation (EC) 1774/2002.
  (3) The signature and stamp must be in colour different to that of the printing.’.

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