Commission Regulation (EC) No 1494/2002
of 21 August 2002
amending Annexes III, VII and XI to Regulation (EC) No 999/2001 of the European Parliament and the Council as regards monitoring of bovine spongiform encephalopathy, eradication of transmissible spongiform encephalopathy, removal of specified risk materials and rules for importation of live animals and products of animal origin
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies(1), as last amended by Commission Regulation (EC) No 270/2002(2), and in particular Article 23 thereof,
Whereas:
(1) Rules for monitoring of bovine spongiform encephalopathy (BSE) in bovine animals, for destruction of bovine embryos and ova of BSE cases, for trade in bovine embryos and ova, and for removal of specified BSE risk material are laid down in Regulation (EC) No 999/2001.
(2) When the BSE monitoring programme in bovine animals was amended by Commission Regulation (EC) No 1248/2001(3), provision was made for a review of the monitoring programme in the light of the results obtained during the first six months.
(3) During the second half of 2001, more than five million bovine animals were tested for BSE, 457 of which were positive. Most positive cases were found in dead-on-farm animals, emergency slaughtered animals and animals the slaughter of which was deferred due to a suspected disease or disorder of their general conditions.
(4) To ensure the uniform application of the monitoring programme, it is necessary to clarify under Annex III, Chapter A.I.2, the definition of animals the slaughter of which was deferred due to a suspected disease or disorder of their general conditions.
(5) All dead-on-farm animals over 24 months of age have been tested for BSE during a one-year statistical survey set out as a transitional measure in Regulation (EC) No 999/2001. To ensure the effective detection of BSE cases, all dead-on-farm animals above 24 months of age should continue to be tested on a permanent basis. To avoid disproportionate costs, a derogation should be provided for animals dying in remote areas where no collection of dead animals has been organised.
(6) It is important to follow the evolution of the BSE epidemic in animals born after the introduction of the reinforced feed ban in the United Kingdom. To this end the testing of animals slaughtered and destroyed under the Over Thirty Months Scheme should be expanded to cover all animals born after the feed ban. However, the detection of positive cases in animals below 42 months of age is highly unlikely and it would, therefore, be disproportionate to require the testing of healthy animals below that age intended for destruction under the exceptional scheme provided for by Commission Regulation (EC) No 716/96 of 19 April 1996 adopting exceptional support measures for the beef market in the United Kingdom(4) as last amended by Regulation (EC) No 1176/2000(5).
(7) It is necessary to clarify the rules on health marking of carcasses selected for testing for transmissible spongiform encephalopathy.
(8) To avoid disproportionate costs in the monitoring programme for small ruminants, a derogation should be provided for animals dying in remote areas where no collection of dead animals has been organised.
(9) The provisions regarding voluntary monitoring programmes in animal species other than bovine, ovine and caprine animals should be clarified.
(10) In its opinion of 16 May 2002 on the safety of bovine embryos, the Scientific Steering Committee (SSC) concluded that there is no need for measures other than those prescribed by the International Embryo Transfer Society protocols. In its general session of May 2002, the world animal health organisation Office international des Epizooties (OIE) decided on similar scientific grounds to delete all trade conditions related to bovine embryos and ova. The provisions on the destruction of bovine embryos and ova from BSE cases and the BSE-related trade conditions for bovine embryos and ova should therefore be repealed.
(11) It is necessary to clarify the rules on the removal and control of specified risk material.
(12) In its opinion of 27 June 2002 on the Geographical BSE Risk of certain third countries, the SSC concluded that, in addition to previously evaluated countries, the occurrence of BSE in native cattle is highly unlikely in Iceland and in Vanuatu. Therefore Iceland and Vanuatu should be exempt from the trade conditions related to live bovine animals and products of bovine, ovine and caprine origin.
(13) Regulation (EC) No 999/2001 should therefore be amended accordingly.
(14) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS REGULATION:
Article 1
Annexes III, VII and XI to Regulation (EC) No 999/2001 are amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 August 2002.