2000D0766 — EN — 01.04.2002 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDECISION
of4December 2000
concerningcertainprotectionmeasureswithregardtotransmissiblespongiformencephalopathies
andthefeedingofanimalprotein
(2000/766/EC)
(OJ L 306, 7.12.2000, p. 32)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 1326/2001 of 29 June 2001 L 177 60 30.6.2001
►M2Commission Decision 2002/248/EC of 27 March2002 L 84 71 28.3.2002
▼B
COUNCILDECISION
of4December 2000
concerning certain protection measures with regard to transmis-
sible spongiform encephalopathies and the feeding of animal
protein
(2000/766/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
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 witha view tothe completion of the internal market(
1), 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(2),
and in particular Article 22 thereof,
Having regard to the proposal of the Commission,Whereas:
(1)Community rules for control of certain processed animal protein
into ruminant feed entered into force in July 1994.
(2)Cases of bovine spongiform encephalopathy (BSE) have beenrecorded in animals born in 1995 and later years in certainMember States.
(3)Based on scientific opinion, the Commission adopted a series ofmeasures for the animal feed, including high processing stan-dards regarded as being the most effective for the inactivationof the agents of scrapie and BSE for the production of mamma-lian processed animal proteins, the exclusion of specified riskmaterial from the feed chain and active surveillance measures
to prevent cases of BSE from entering into the feed chain. The
Scientific Steering Committee adopted an opinion on 27 and 28November 2000. It recommended that, where the risk of cross-contamination of cattle feed withfeed intended for oth er animalsand which contains animal proteins possibly contaminated by theBSE agent cannot be excluded, a temporary ban of animal
proteins in animal feed should be considered.
(4)Certain Member States have reported deficiencies in the imple-
mentation of Community legislation on animal feed and have,
as a consequence, adopted safeguard measures.
(5)Community inspections have identified systematic failures in the
implementation of Community rules in several Member States.
(6)In the light of the above, as a precautionary measure, it is appro-priate to prohibit on a temporary basis the use of animal proteinin animal feed, pending a total re-evaluation of the implementa-
tion of Community legislation in Member States. As this
prohibition could have environmental implications if notcontrolled properly, it is necessary to ensure that animal wasteis collected, transported, processed, stored and disposed of in asafe manner.
(7)A large scale Community testing programme will start on 1January 2001. This programme will provide concrete data onthe prevalence of BSE in Member States. This data will providefactual information of the effectiveness of past Community legis-2000D0766 — EN — 01.04.2002 — 002.001 — 2
(1) OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive 92/118/
EEC (OJ L 62, 15.3.1993, p. 49).
(2) OJ L 24, 30.1.1998, p. 9.
▼B
lation on animal feed and will identify Member States where
BSE recycling via processed animal protein remains a possibi-lity. This information should be used in the review of the
measure laid down by this Decision.
(8)The Standing Veterinary Committee has not given a favourable
opinion,
HAS ADOPTED THIS DECISION:
Article 1
For the purpose of this Decision the definition ‘Processed animal
proteins’ means meat-and-bone meal, meat meal, bone meal, blood
meal, dried plasma and other blood products, hydrolysed proteins,hoof meal, horn meal, poultry offal meal, feather meal, dry greaves,fishmeal, dicalcium phosphate, gelatine and any other similar productsincluding mixtures, feedingstuffs, feed additives and premixtures,containing these products.
Article 2
1. Member States shall prohibit the feeding of:
(a) proteins derived from animals to ruminants;
(b) processed animal proteins to farmed animals which are kept,
fattened or bred for the production of food.
2. The prohibition referred to in paragraph 1 shall not apply to the
feeding of:
— fishmeal to animals other than ruminants, in accordance with
control measures to be fixed in accordance withth e procedure laid
down in Article 17 of Council Directive 89/662/EEC of 11
December 1989 concerning veterinary checks in intra-Communitytrade with a view to the completion of the internal market(
1),
— gelatine of non-ruminants for coating additives within the meaning
of Council Directive 70/524/EEC of 23 November 1970 concerningadditives in feedingstuffs(
2),
— dicalcium phosphate and hydrolysed proteins obtained in accor-
dance with the conditions to be fixed in accordance with the
procedure laid down in Article 17 of Directive 89/662/EEC,
— milk and milk products, and eggs and egg products.
Article 3
1. With the exception of the derogations laid down in Article 2(2)
the Member States shall:
(a) prohibit the placing on the market, the trade, the importation from
third countries and the exportation to third countries of processed
animal proteins intended for the feeding of farmed animals whichare kept, fattened or bred for the production of food,2000D0766 — EN — 01.04.2002 — 002.001 — 3
(1) OJ L 395, 30.12.1989, p. 13. Directive as last amended by Directive 92/118/
EEC (OJ L 62, 15.3.1993, p. 4).
(2) OJ L 270, 14.12.1970, p. 1. Directive as last amended by Directive 1999/70/
EC (OJ L 80, 25.3.1999, p. 20).▼M2
▼B
▼M2
▼B
▼B
(b) ensure that all processed animal proteins intended for the feeding
of farmed animals which are kept, fattened or bred for the produc-tion of food are withdrawn from the market, distribution channels
and from on-farm storage.
2. Member States shall ensure that animal waste as defined by
Directive 90/667/EEC(
1) is collected, transported, processed, stored or
disposed of in accordance withth at Directive, Commission Decision97/735/EC(
2) and Council Decision 1999/534/EC(3).
Article 4
This Decision shall enter into force on 1 January 2001.
Article 5
This Decision is addressed to the Member States.2000D0766 — EN — 01.04.2002 — 002.001 — 4
(1) Council Directive 90/667/EEC of 27 November 1990 laying down the veter-
inary rules for the disposal and processing of animal waste, for its placing
on the market and for the prevention of pathogens in feedstuffs of animal
or fishorigin and amending Directive 90/425/EEC (OJ L 363, 27.12.1990,
p. 51). Directive as last amended by the 1994 Act of Accession.
(2) Commission Decision 97/735/EC of 21 October 1997 concerning certain
protection measures withregard to trade in certain types of mammalian
animal waste (OJ L 294, 28.10.1997, p. 7). Decision as amended by CouncilDecision 1999/534/EC.
(
3) Council Decision 1999/534/EC of 19 July 1999 on measures applying to the
processing of certain animal waste to protect against transmissible spongi-
form encephalopathies and amending Commission Decision 97/735/EC (OJ
L 204, 4.8.1999, p. 37).▼M1
▼B