Commission Decision
of 29 December 2000
concerning control measures required for the implementation of Council Decision 2000/766/EC concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein
(notified under document number C(2000) 4412)
(Text with EEA relevance)
(2001/9/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), as last amended by Directive 92/118/EEC(2), 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(3), as last amended by Directive 92/118/EEC, and in particular Article 10(4) thereof,
Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(4), and in particular Article 22 thereof,
Whereas:
(1) Council Decision 2000/766/EC of 4 December 2000 concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein(5), prohibits the feeding of processed animal proteins to certain farmed animals. This prohibition does not apply to certain processed animal proteins subject to conditions to be established.
(2) On 26 June 1998, the Scientific Steering Committee (SSC) adopted an opinion on the safety of dicalcium phosphate precipitated from ruminant bones. That opinion was updated by the SSC on 26 and 27 October 2000. In order to take account of that scientific opinion, it is necessary to lay down requirements for the production of dicalcium phosphate.
(3) On 22 and 23 October 1998, the Scientific Steering Committee (SSC) adopted an opinion on the safety of hydrolysed proteins produced from bovine hides. This opinion was updated by the SSC on 25 and 26 May 2000. In order to take account of that scientific opinion, it is necessary to lay down requirements for the production of hydrolysed proteins. The SSC stated that a maximum molecular weight of 10000 Daltons, for the final product produced, may be used as an indicator of the effectiveness of the production process.
(4) Decision 2000/766/EC establishes that placing on the market, trade, importation and exportation of processed animal proteins for animals not kept, fattened or bred for the production of food may be allowed by Member States. It is necessary to set conditions to ensure that such proteins cannot be used for non authorised purposes.
(5) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
1. Member States shall authorise the feeding of fishmeal to animals other than ruminants, only in accordance with the conditions laid down in Annex I.
2. Member States shall authorise the feeding of dicalcium phosphate to animals other than ruminants only in accordance with the conditions laid down in Annex II.
3. Member States shall authorise the feeding of hydrolysed proteins to animals other than ruminants, only in accordance with the conditions laid down in Annex III.
4. Member States shall ensure that, for the purpose of trade, dicalcium phosphate and hydrolysed proteins are accompanied by an official certificate as laid down in Annex IV.
5. Member States shall forward to the other Member States and to the Commission the list of approved processing plants producing fishmeal, dicalcium phosphate and hydrolysed proteins, which operate in accordance with the conditions laid down by this Decision, within 15 days after the entry into force of this Decision. Any modification to the list shall be notified immediately to the other Member States and to the Commission.
Article 2
Member States shall ensure that feedingstuffs, including pet food, containing processed animal proteins as defined by Decision 2000/766/EC, other than fishmeal, dicalcium phosphate and hydrolysed proteins, which is destined to animals which are not kept, fattened or bred for the production of food, is manufactured in plants which prepare exclusively feed for those animals.
Article 3
1. Member States may send to other Member States processed animal proteins, as defined in Decision 2000/766/EC, provided they are destined for uses not prohibited by Article 3(1)(a) of that Decision, and only if the following additional conditions are fulfilled:
(a) the Member State of destination must have authorised the receipt of the processed animal proteins;
(b) the processed animal proteins shall be accompanied by an official certificate as laid down in Annex V;
(c) the processed animal proteins must be transported in sealed, covered containers or vehicles, in such a way as to prevent loss and conveyed directly to the petfood or feed plants;
(d) Member States which send processed animal proteins to other Member States must inform by means of the ANIMO system(6) the competent authority of the place of destination of each consignment sent. The words "not for feed destined to animals which are kept, fattened or bred for the production of food" must be contained in the ANIMO message;
(e) Member States of destination must inform the competent authority of the place of origin, by means of the ANIMO system, of the arrival of each consignment; if such information is not provided, Member States of origin shall immediately take appropriate action;
(f) Member States of destination must ensure that the designated plants on their territory use the consignment only for the authorised purposes.
2. Member States may export to third countries processed animal proteins, as defined in Decision 2000/766/EC, provided they are destined for uses not prohibited by Article 3(1)(a) of that Decision, only if the following conditions are fulfilled:
(a) a bilateral agreement with the third country shall be made prior to exportation, which includes an undertaking from the third country to respect the final use and not to export the processed animal protein unless incorporated in a product destined for uses not prohibited by Article 3(1)(a) of Decision 2000/766/EC;
(b) the processed animal proteins shall be accompanied by an official certificate as laid down in Annex V.
Member States which allow such exportation shall inform the Commission and the other Member States of all terms and conditions as agreed with the third country concerned, for the effective implementation, of this Decision, in the context of the Standing Veterinary Committee.
3. Member States shall ensure that imported processed animal proteins, as defined in Decision 2000/766/EC, destined for uses not prohibited by Article 3(1)(a) of that Decision, shall be dealt with in accordance with the conditions laid down in Article 8 of Council Directive 97/78/EC(7).
4. Member States shall carry out documentary checks and tests on feed materials and compound feedingstuffs throughout the production and distribution chain to ensure compliance with the provisions of this Decision and Decision 2000/766/EC. These checks and tests shall be carried out, inter alia, in farms in which ruminants are kept with other animal species.
Member States shall inform the Commission of the results of these checks by 31 May 2001.
5. The additional control measures set out in paragraphs 1, 2 and 3 shall not apply:
- to pet food referred to by Chapter 4 of Annex I to Directive 92/118/EEC, and
- to products exempted by Article 2(2) of Decision 2000/766/EC, from the prohibition established by Article 2(1) of that Decision, provided they fulfil, where applicable, the conditions set out in the Annexes I to III to the present Decision.
6. The additional control measures set out in paragraph 1 shall not apply to processed animal proteins referred to in Article 4 of Commission Decision 97/735/EC(8), as last amended by Decision 1999/534/EC(9).
Article 4
Article 2 of Decision 97/735/EC shall not apply to consignments of processed animal proteins which are accompanied by the health certificate referred to in Article 3(1)(b) of the present Decision.
Article 5
This Decision shall apply from 1 January 2001.
Article 6
This Decision is addressed to the Member States.
Done at Brussels, 29 December 2000.