COMMISSION DECISION of 25 March 1997 laying down the animal health requirements and the veterinary certification for the import of processed animal protein from certain third countries which use alternative heat treatment systems and amending Decision 94/344/EC (Text with EEA relevance) (97/198/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 92/118/EEC of 17 December 1992 laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A (I) to Directive 89/662/EEC and, as regards pathogens, in Directive 90/425/EEC (1), as last amended by Directive 96/90/EC (2), and in particular Article 10 (2) (c) and (3) (a) thereof,
Whereas Chapter 6 of Annex I to Directive 92/118/EEC lays down requirements for the importation of processed animal protein;
Whereas Commission Decision 94/278/EC (3), as last amended by Decision 96/344/EC (4), has laid down a list of third countries from which Member States shall authorize the importation of processed animal protein not intended for human consumption;
Whereas Commission Decision 94/344/EC (5) has laid down the import requirements for processed animal protein including products containing these proteins intended for animal consumption;
Whereas the implementation of the latter Decision was last postponed by Commission Decision 96/106/EC (6) because the application would have led to difficulties as regards the importation of processed animal protein that has been produced by using alternative heat-treatment systems;
Whereas following scientific results on the inactivation of the agent of BSE and scrapie, Commission Decision 96/449/EC (7) has laid down rules of approval of alternative heat-treatment systems for the processing of mammalian waste in the Community; whereas it is appropriate to apply these rules to processed mammalian protein imported from third countries;
Whereas it is appropriate to authorize the imports of processed animal protein, derived form high risk material produced by using alternative heat-treatment systems;
Whereas Decision 96/449/EC, amongst others, requires animal protein derived from mammalian waste to be subjected to a heat-treatment of at least 133 °C throughout its substance for a minimum of 20 minutes at a pressure of 3 bar, with a particle size prior to processing of not more than 5 cm; whereas it is therefore appropriate to limit the import of processed animal protein to those derived from non-mammalian waste only;
Whereas Decision 94/344/EC has to be amended accordingly;
Whereas 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 authorize the importation of processed animal protein, and products containing these proteins, intended for animal consumption from third countries listed in Annex A, if it is accompanied by a health certificate as set out in Annex B.
The first subparagraph shall not apply to:
- petfood in hermetically sealed containers containing processed animal protein,
and
- processed non-mammalian protein derived from low risk material and products containing this protein.
2. The health certificate referred to in paragraph 1 shall consist of one sheet and shall be completed in at least one official language of the Member State carrying out import checks.
Article 2
1. Processed animal protein mentioned in Article 1 (1) must have been produced according to the following standards:
(a) - the raw material is heated to at least 133 °C throughout its substance for a minimum of 20 minutes at a pressure of 3 bars, with a particle size prior to processing of not more than 5 cm, or
- if the raw material is not of mammalian origin, a system or a combination of systems described in the Annex to Commission Decision 92/562/EEC (8) may be used. Such systems may be used under condition that the process has been sampled on a daily basis over a period of one month in compliance with the microbiological standards laid down in Annex II Chapter III (1) and (2) to Council Directive 90/667/EEC (9);
(b) details of the critical control points are recorded and maintained so that the owner, operator or his representative and, as necessary, the competent authority can monitor the operation of the plant. The information to be recorded and monitored shall include the particle size, critical temperature and, as appropriate, the absolute time, pressure profile, raw material feed-rate and fat recycling rate.
2. Processed animal protein mentioned in Article 1 (1) must have been produced in a plant which is approved by the competent authority of a Member State or a third country listed in Annex A to fulfil the conditions set out in paragraph 1.
Article 3
1. Third countries that use the certificate referred to in Annex B shall inform the Commission of:
(a) the legal power of the veterinary service to inspect and approve the plants producing processed animal protein;
(b) the approval procedures that have been followed;
(c) the list of the approved plants.
2. The Commission shall carry out inspection in the third countries listed in Annex A to verify the application of the provisions of this Decision.
Article 4
Decision 94/344/EC is amended as follows:
(a) in Article 1 (1), first subparagraph, 'derived from high risk material` is deleted and the following is inserted after 'third countries`: 'not listed in Annex A to Commission Decision 97/198/EC.`;
(b) in Article 1 (1), second subparagraph, the following is inserted after 'material`: 'and to products mentioned in paragraph 2, first subparagraph`;
(c) in Article 1 (2), 'animal protein` is replaced by 'non-mammalian protein`;
(d) in the heading of Annex A, 'derived from high risk material` is deleted and the following is inserted after 'Community`: 'from certain third countries not listed in Annex A to Commission Decision 97/198/EC.`;
(e) in Annex A, IV (a), 'derived from high risk material` is deleted;
(f) the animal health certificate in Annex B is replaced by Annex C to this Decision.
Article 5
This Decision shall apply from 1 April 1997.
Article 6
This Decision is addressed to the Member States.
Done at Brussels, 25 March 1997.