2001R1326 — EN — 01.04.2002 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No1326/2001
of29June2001
laying down transitional measures to permit the changeover to the Regulation of the European
Parliament and of the Council (EC) No 999/2001 laying down rules for the prevention, controland eradication of certain transmissible spongiform encephalopathies, and amending Annexes
VIIandXItothatRegulation
(OJ L 177, 30.6.2001, p. 60)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 270/2002 of 14 February 2002 L 45 4 15.2.2002
▼B
COMMISSIONREGULATION(EC)No1326/2001
of29June2001
laying downtransitional measures to permit the changeover to the
RegulationoftheEuropeanParliamentandoftheCouncil(EC)No999/2001layingdownrulesfortheprevention,controlanderadica-tion of certain transmissible spongiform encephalopathies, and
amendingAnnexesVIIandXItothatRegulation
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 Parlia-
ment 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 1248/2001(2), and in particular Article 23 thereof,
Whereas:
(1)Articles 7, 9 and 15 to 18 of Regulation (EC) No 999/2001 lay
down rules concerning animal feeding, and impose furtherrestrictions for products of ruminant origin and marketing of
live animals and products of animal origin. Their requirements
vary depending on the classification of the BSE status of theMember States or third countries concerned. The classificationfor the determination of BSE status is to be decided accordingto the criteria laid down in Article 5 of Regulation (EC) No
999/2001. To date no decisions have been taken to place any
Member State or third country in a category based on the newprovisions under Article 5. The provisions of the Regulationwould take effect in their entirety from 1 July 2001, unless tran-sitional measures have been adopted on the basis of Article 23.In absence of decisions on classification Articles 7, 9 and 15 to
18 cannot be applied: transitional measures are therefore neces-
sary.
(2)Transitional measures for certain rules based on classification,namely those concerning specified risk material, are alreadyforeseen by Article 22, which provides that they shall apply atleast until 1 January 2002 and shall cease to apply immediatelyfollowing the date of adoption of a decision on classification inaccordance withArticle 5, on wh ichdate Article 8, concerning
specified risk material, shall apply. In the interest of clarity the
same rules for the changeover from the transitional rules to therules of the Regulation should apply to the other Articles basedon classification.
(3)The transmissible spongiform encephalopathy-related Commu-nity rules on prohibitions concerning animal feeding, in forceimmediately prior to the implementation of Regulation (EC) No999/2001, are laid down in Council Decision 2000/766/EC(
3),
concerning certain protection measures withregard to transmis-
sible spongiform encephalopathies and the feeding of animalprotein and Commission Decision 2001/9/EC(
4), as amended by
Decision 2001/165/EC(5), concerning control measures required
for the implementation of Decision 2000/766/EC. Decision
2000/766/EC, suspends the feeding, with few exceptions, of
processed animal proteins to all farmed animals until 30 June2001. The Council concluded on 24 April 2001 that the periodof application of the Decision should be extended. This latterDecision shall therefore be amended accordingly as a transitionalmeasure. Any further amendments will depend on a decision on2001R1326 — EN — 01.04.2002 — 001.001 — 2
(1) OJ L 147, 31.5.2001, p. 1.
(2) OJ L 173, 27.6.2001, p. 12.
(3) OJ L 306, 7.12.2000, p. 32.
(4) OJ L 2, 5.1.2001, p. 32.
(5) OJ L 58, 28.2.2001, p. 43.
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the classification of Member States as well as the efficacy of
control measures put in place by individual Member States.
(4)The transmissible spongiform encephalopathy-related Commu-
nity rules on placing on the market and export of live bovine
animals and of certain products of bovine animal origin, in forceimmediately prior to the implementation of Regulation (EC) No999/2001, are laid down in, or have been adopted pursuant to,Commission Decision 92/290/EEC of 14 May 1992 concerningcertain protection measures relating to bovine embryos in respect
of bovine spongiform encephalopathy (BSE) in the United
Kingdom(
1), Council Decision 98/256/EC of 16 March1998
concerning emergency measures to protect against bovine spon-giform encephalopathy, amending Decision 94/474/EC andrepealing Decision 96/239/EC(
2), Commission Decision 98/351/
EC of 29 May 1998 setting the date on which dispatch from
Northern Ireland of bovine products under the Export Certified
Herds Scheme may commence by virtue of Article 6(5) ofCouncil Decision 98/256/EC(
3), Commission Decision 1999/
514/EC of 23 July 1999 setting the date on which dispatchfrom the United Kingdom of bovine products under the date-
based export scheme may commence by virtue of Article 6(5)
of Council Decision 98/256/EC(
4), Commission Decision 2000/
345/EC of 22 May 2000 setting the date on which dispatchfrom Portugal to Germany of certain products for the purposeof incineration may commence by virtue of Article 3(6) of Deci-sion 98/653/EC(
5), Commission Decision 2000/371/EC of 6 June
2000 setting the date on which dispatch of fighting bulls from
Portugal to France may commence by virtue of Article 3(7) ofDecision 98/653/EC(
6), Commission Decision 2000/372/EC of
6 June 2000 setting the date on which dispatch of fighting bullsfrom Portugal to Spain may commence by virtue of Article 3(7)
of Decision 98/653/EC(
7) and Commission Decision 200/376/EC
of 18 April 2001 concerning measures made necessary by theoccurrence of bovine spongiform encephalopathy in Portugaland implementing a date-based export scheme(
8). These Deci-
sions shall therefore remain in force during the transitionalperiod.
(5)The transmissible spongiform encephalopathy related Commu-
nity rules on specified risk material, in force immediately prior
to the implementation of Regulation (EC) No 999/2001, are laiddown in, or have been adopted pursuant to, Commission Deci-sion 2000/418/EC of 29 June 2000 regulating the use ofmaterial presenting risks as regards transmissible spongiform
encephalopathies and amending Decision 94/474/EC(
9), as last
amended by Decision 2001/384/EC(10). This Decision has been
amended withrespect to bovine vertebral column, mech anicallyrecovered meat and the import from third countries, after theadoption by the Council, on 12 February 2001, of its CommonPosition (EC) No 8/2001 witha view to adopting Regulation
(EC) No 999/2001 of the European Parliament and of the
Council laying down rules for the prevention, control and eradi-cation of certain transmissible spongiform encephalopathies(
11).
Annex XI to that Regulation sets out the rules on specified riskmaterial which apply during the transitional period. Section A of
that Annex should therefore be updated to include the specified2001R1326 — EN — 01.04.2002 — 001.001 — 3
(1) OJ L 152, 4.6.1992, p. 37.
(2) OJ L 113, 15.4.1998, p. 32.
(3) OJ L 157, 30.5.1998, p. 110.
(4) OJ L 195, 28.7.1999, p. 42.
(5) OJ L 121, 23.5.2000, p. 9.
(6) OJ L 134, 7.6.2000, p. 34.
(7) OJ L 134, 7.6.2000, p. 35.
(8) OJ L 132, 15.5.2001, p. 17.
(9) OJ L 158, 30.6.2000, p. 76.
(10) OJ L 137, 19.5.2001, p. 29.
(11) OJ C 88, 19.3.2001, p. 1.
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risk material provisions adopted since the adoption by Council of
its Common Position.
(6)Until classification decisions have been made for third countries,and as a precaution, it is appropriate to provide that the minimalprotection measures foreseen by Regulation (EC) No 999/2001for imports from all third countries which are not considered
BSE-free should apply to alI imports of live bovine animals,
embryos and ova. Furthermore, the removal of specified riskmaterial from products destined for food and feed is the singlemost important public health protection measure. It is thereforeappropriate to extend, as a transitional measure, the list of
products covered by restrictions on import pursuant to Decision
2000/418/EC, to include all products containing bovine, ovine orcaprine material covered by Community health certificates.However, those third countries that benefit from a derogationfor Decision 2000/418/EC should also benefit from a derogationfrom this transitional measure. In order to respect international
obligations under the World Trade Organisation Agreement on
the Application of Sanitary and Phytosanitary Measures, in parti-cular the notification procedures, the provisions relating toimport should not apply until 1 October 2001.
(7)Annex VII to Regulation (EC) No 999/2001 sets out the detailedrules for the measures to be implemented following confirmationof the presence of a TSE. These rules should be updated toreflect the detailed technical eradication provisions applied bythe Member States, taking into account the opinion of the Scien-
tific Steering Committee (SSC) on BSE related culling in cattle
of 15 September 2000. The SSC concluded in this opinion that‘already (entire) herd culling is having some effect both in termsof eliminating otherwise not identified cases and in terms ofpreventing future cases to appear. However, (…) largely the
same effect can be reached by culling all animals born and/or
raised in the same herds as the confirmed case within approxi-mately 12 months before and after the date of birth of theindex case (birth-cohort culling).’ The SSC recommended theculling of at least the birth cohort whenever a domestic BSEcase appears, irrespective of the prevailing epidemiological
situation. It is therefore appropriate to amend the detailed eradi-
cation provisions accordingly by making the culling of the entireherd optional depending upon the prevailing local situation.
(8)In the interest of clarity Commission Decision 94/474/EC of 27July 1994 concerning certain protection measures relating tobovine spongiform encephalopathy and repealing Decisions 89/469/EEC and 90/200/EEC(
1), Commission Decision 94/381/EC
of 27 June 1994 concerning certain protection measures withregard to bovine spongiform encephalopathy and the feeding of
mammalian derived protein(
2), and Decision 2000/418/EC regu-
lating the use of material presenting risks as regardstransmissible spongiform encephalopathies and amending Deci-sion 94/474/EC, should be repealed.
(9)The Standing Veterinary Committee has not given an opinion;the Commission has therefore proposed these measures to theCouncil on 15 June 2001 in accordance withArticle 24 of Regu-lation (EC) No 999/2001, the Council being required to act
within three months.
(10)However, the Council has neither adopted the measures, nor
opposed the proposal, and has concluded on the 19 June 2001that it would not change its position within that period.
(11)Under such circumstances which should take account of theurgency to implement these measures, the European parliamentbeing informed in accordance withth e provisions of Council2001R1326 — EN — 01.04.2002 — 001.001 — 4
(1) OJ L 194, 29.7.1994, p. 96.
(2) OJ L 172, 7.7.1994, p. 23.
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Decision 1999/468/EC(1), and without prejudice to Article 8 of
that Decision, these measures should now lie adopted by theCommission without undue delay,
HAS ADOPTED THIS REGULATION:
Article 1
By way of transitional measure derogating from Regulation (EC) No
999/2001:
1. the provisions of Regulation (EC) No 999/2001 listed in Annex I to
this Regulation shall not apply to a Member State or third countryuntil the entry into force of the decision determining the BSE statusof that Member State or third country, adopted pursuant to Article 5of Regulation (EC) No 999/2001. Annex XI, section D, shall applyto the Member State or third country concerned until that date. No
suchdecision sh all enter into force before 1 January 2002;
2. article 7 shall not apply to a Member State until the coming into
force of the decision determining the BSE status of that Member
State, and until the Community provisions on animal feeding rele-
vant to transmissible spongiform encephalopathies are effectivelyenforced there. Annex XI, part C, shall apply to that Member Stateuntil Article 7 becomes applicable there.'
Article 2
1. In Article 4 of Decision 2000/766/EC, the second and third para-
graphs, are hereby deleted.
2. Decisions 94/381/EC, 94/474/EC and 2000/418/EC are repealed.
Article 3
Regulation (EC) No 999/2001 is amended as follows:1. The text in Annex VII is replaced by the text in Annex II to this
Regulation.
2. The text in Annex XI, section A, is replaced by the text in Annex III
to this Regulation.
3. The text in Annex XI is completed with the text in Annex IV to this
Regulation.
Article 4
This Regulation shall enter into force on the day following its publica-
tion in the Official Journal of the European Communities .
It shall apply from 1 July 2001.However, the provisions of Annex XI, section A, point 5, fourth to
seventh, ninth and tenth indents, and section D, point 2 and 3, to Regu-
lation (EC) No 999/2001, as amended by the present Regulation, shall
apply from 1 October 2001.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.2001R1326 — EN — 01.04.2002 — 001.001 — 5
(1) OJ L 184, 17.7.1999, p. 23.▼M1
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ANNEX I
— Article 9 concerning certain products of ruminant animal origin,
— Article 15(1) concerning the placing on the market of live bovine animals,
their semen, embryos and ova,
— Article 16(2), (3), (4) and (6) concerning the placing on the market of
products of animal origin,
— Article 17 concerning the health certificates or commercial documents
relating to trade,
— Article 18 concerning the health certificates relating to imports,— Annex VIII, Chapter A(II), concerning the placing on the market of live
bovine animals within the Communities,
— Annex VIII, Chapter C, concerning the placing on the market of products of
bovine animal origin within the Communities,
— Annex IX, Chapters A, B, C, D, F and G, concerning the import from third
countries of live bovine animals, products of bovine animal origin, bovineembryos and ova, and other products of ruminant animal origin.2001R1326 — EN — 01.04.2002 — 001.001 — 6
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ANNEX II
‘ANNEX VII
ERADICATION OF TRANSMISSIBLE SPONGIFORM ENCEPHALO-
PATHY
1. The inquiry referred to in Article 13(1)(b) must identify:
(a) in the case of bovine animals:
— all other ruminants on the holding of the animal in which the disease
was confirmed,
— where the disease was confirmed in a female animal, all its embryos,
ova and its progeny collected or born within two years prior to, or
after, clinical onset of the disease,
— all animals of the cohort of the animal in which the disease was
confirmed,
— the possible origin of the disease,
— other animals, embryos or ova, on the holding of the animal in which
the disease was confirmed or on other holdings, which may have
become infected by the TSE agent or been exposed to the same feed
or contamination source,
— the movement of potentially contaminated feedingstuffs, of other
material or any other means of transmission, which may have trans-
mitted the TSE agent to or from the holding in question;
(b) in the case of ovine and caprine animals:
— all ruminants other than ovine and caprine animals on the holding of
the animal in which the disease was confirmed,
— in so far as they are identifiable, the parents, all embryos, ova and the
last progeny of the animal in which the disease was confirmed,
— all animals of the cohort, to be defined in accordance with the proce-
dure laid down in Article 24(2), of the animal in which the disease
was confirmed,
— all other ovine and caprine animals on the holding of the animal in
which the disease was confirmed in addition to those mentioned in
the second and third indents,
— the possible origin of the disease and the identification of other hold-
ings on which there are animals, embryos or ova which may have
become infected by the TSE agent or been exposed to the same feed
or contamination source,
— the movement of potentially contaminated feedingstuffs, other mate-
rial or any other means of transmission, which may have transmitted
the BSE agent to or from the holding in question.
2. The measures laid down in Article 13(1)(c) shall comprise at least:
(a) in case of confirmation of BSE in a bovine animal, the killing and
complete destruction of bovine animals and the destruction of embryos
and ova identified by the inquiry referred to in point 1(a), first, second
and third indent. The Member State may decide not to kill and destroy
all bovine animals on the holding of the animal in which the disease
was confirmed as referred to in the first indent of point 1(a), depending
upon the epidemiological situation and traceability of the animals on that
holding;
(b) in case of confirmation of BSE in an ovine or caprine animal, killing and
complete destruction of all animals, embryos and ova identified by the
inquiry referred to in point 1(b), second to sixthindents.’2001R1326 — EN — 01.04.2002 — 001.001 — 7
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ANNEX III
‘ANNEX XI
A.Concerningtheremovalofspecifiedriskmaterial
1. Member States shall ensure that the specified risk material designated below
is removed and destroyed in accordance withpoints 7 to 11.
(a) The following tissues are designated as specified risk material:
(i) the skull including the brain and eyes, the tonsils, the vertebral
column excluding the vertebrae of the tail and the transverse
processes of the lumbar vertebrae, but including dorsal root ganglia
and spinal cord of bovine animals aged over 12 months, and the
intestines from the duodenum to the rectum of bovine animals of
all ages;
(ii) the skull including the brain and eyes, the tonsils and the spinal
cord of ovine and caprine animals aged over 12 months or which
have a permanent incisor erupted through the gum, and the spleen
of ovine and caprine animals of all ages.
A decision may be taken in accordance withth e procedure referred to in
Article 24(2) in particular with a view to adjust the age for the removal
of bovine vertebral column, in the light of the statistical probability of
the occurrence of BSE in the relevant age groups of the Community's
bovine population, based on the results of BSE monitoring, with parti-
cular reference to testing of bovine animals, as established by Annex
III.
(b) In addition to the specified risk material listed in (a), the following
tissues must be designated as specified risk material in the United
Kingdom of Great Britain and Northern Ireland and in Portugal, with
the exception of the Autonomous Region of the Azores:
— the entire head excluding the tongue, including the brain, eyes,
trigeminal ganglia and tonsils; the thymus, the spleen and the spinal
cord of bovine animals aged over six months.
2. Specified risk material or processed material derived from it may be
despatched only with a view to subsequent incineration, in accordance
withpoint 11 or, wh ere appropriate, point 7(b).
3. Member States shall ensure that bones of bovine, ovine and caprine animals
are not used for the production of mechanically recovered meat.
4. Member States shall ensure that laceration after stunning of central nervous
tissue by means of an elongated rod-shaped instrument introduced into the
cranial cavity is not effected within their territory with regard to bovine,
ovine or caprine animals whose meat is intended for human or animal
consumption.
5. The specified risk material referred to in point 1(a) shall not be imported
into the Community after 31 March 2001.
The products of animal origin listed below shall be subject to restrictions on
import into the Community:
— freshmeat: th e meat defined by Directive 64/433/EEC,
— minced meat and meat preparations: the minced meat and meat prepara-
tions defined by Directive 94/65/EC(1);
— meat products: the meat products defined by Directive 77/99/EEC(2),
— other products of animal origin: other products of animal origin as
defined by Directive 77/99/EEC,
— rendered fats as referred to by Directive 92/118/EEC,— gelatin as referred to by Directive 92/118/EEC,— petfood as referred to by Directive 92/118/EEC,— the processed animal protein referred to in Directive 92/118/EEC,— bones and bone products as referred to by Directive 92/118/EEC,— raw material for the manufacture of animal feedingstuffs as referred to
by Directive 92/118/EEC,2001R1326 — EN — 01.04.2002 — 001.001 — 8
(1) Council Directive 94/65/EC of 14 December 1994 laying down the requirements for the
production and placing on the market of minced meat and meat preparations (OJ L 368,31.12.1994, p. 10).
(
2) Council Directive 77/99/EEC of 21 December 1976 on health problems affecting intra-
Community trade in meat products (OJ L 26, 31.1.1977, p. 85). Directive as last
amended by Council Directive 97/76/EC (OJ L 10, 16.1.1998, p. 25).
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— bovine intestines as referred to in Article 2(b)(v) of Directive 77/99/
EEC.
(a) When the abovementioned products of animal origin, containing mate-
rial from bovine, ovine or caprine animals are imported into the
Community from third countries or regions thereof, the health certifi-
cates shall be accompanied by a declaration signed by the competent
authority of the country of production, worded as follows:
“The product of animal origin does not contain, and is not derived from
specified risk material as defined in Annex XI, section A, to Regulation
(EC) No 999/2001 laying down rules for the prevention, control and
eradication of certain transmissible spongiform encephalopathies,
produced after 31 March2001, or mech anically recovered meat
obtained from bones of bovine, ovine or caprine animals, produced after
31 March 2001. After 31 March 2001 the animals have not been slaugh-
tered after stunning by means of gas injected into the cranial cavity or
killed by the same method or slaughtered by laceration after stunning of
central nervous tissue by means of an elongated rod-shaped instrument
introduced into the cranial cavity.
Carcasses, half carcasses and quarter carcasses may contain vertebral
column on import.”
(b) Any reference to “products of animal origin” designates products of
animal origin listed in this point and does not concern other products
of animal origin containing or derived from those products of animal
origin.
6. Point 5 shall not apply to imports from:
Australia
ArgentinaBotswanaBrazilChileCosta RicaNamibiaNew ZealandNicaraguaParaguayUruguaySingaporeSwaziland.
7. Member States shall carry out frequent official inspections to verify the
correct application of this Section and shall ensure that measures are taken
to avoid any contamination, particularly in slaughterhouses, cutting plants,
animal waste processing plants, high-risk processing plants or premises
approved by the Member States in accordance with Article 7 of Directive
90/667/EEC, points of sale to the consumer, landfill sites and other facilities
for storage or incineration. Member States shall in particular set up a system
to ensure and check that:
(a) specified risk material used in the production of products referred to in
Article 1(2) are used solely for authorised purposes;
(b) specified risk material, especially where the removal takes place at
establishments or premises other than slaughterhouses, is completely
separated from other waste not intended for incineration, is collected
separately and is disposed of in accordance withpoint 1 and points 8
to 11. Member States may decide to allow dispatchof h eads or
carcasses containing specified risk material to another Member State
after that other Member State has agreed to receive the material and
has approved the specific conditions applicable to such transport.
However, carcasses, half carcasses and quarter carcasses containing no
specified risk material other than vertebral column, including dorsal root
ganglia, may be imported into a Member State, or dispatched to another
Member State without the latter's prior agreement.
8. Member States shall ensure that specified risk material is removed at:
(a) slaughterhouses;2001R1326 — EN — 01.04.2002 — 001.001 — 9
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(b) cutting plants, high-risk processing plants or premises referred to in
Articles 3 and 7 of Directive 90/667/EEC, under the supervision of a
designated agent appointed by the competent authority. Those establish-
ments shall be approved for that purpose by the competent authority.
However, Member States may provide for the vertebral column to be
removed at points of sale to the consumer.
Where specified risk material is not removed from dead animals which have
not been slaughtered for human consumption, the parts of the body
containing specified risk material or the entire body must be treated as
specified risk material.
9. Member States shall ensure that all specified risk material is stained with a
dye and, as appropriate, marked immediately on removal, and completely
destroyed:
(a) by incineration without pre-processing; or,
(b) provided that the dye or marking remains detectable, after pre-proces-
sing:
(i) in accordance with the systems described in Chapters I to IV, VI
and VII of the Annex to Decision 92/562/EEC:
— by incineration,
— by co-incineration;
(ii) in accordance at least withth e standards set out in Annex I to Deci-
sion 1999/534/EC, by burial in an approved landfill site.
10. Member States may derogate from the provisions of points 8 and 9 to allow
the incineration or burial of specified risk material or entire bodies, without
prior staining, or, as appropriate, without removal of the specified risk mate-
rial, in the circumstances set out in Article 3(2) of Directive 90/667/EEC
and by a method which precludes all risk of transmission of a TSE and is
approved and verified by the competent authority, in particular where
animals have died or have been killed in the context of disease control
measures.
11. Member States may despatchspecified risk material or th e material
processed therefrom to other Member States for incineration under the
conditions laid down in Article 4(2) of Decision 97/735/EC, where applic-
able.
This point may be amended at the request of a Member State to allow the
despatch of specified risk material or the material processed therefrom to
third countries for incineration, conditions governing such export having
been adopted.
12. By way of derogation from point 1(a)(i), a decision may be taken in accor-
dance with the procedure referred to in Article 24(2) to allow the use of
vertebral column and dorsal root ganglia from bovine animals:
(a) born, continuously reared and slaughtered in Member States for which a
scientific evaluation established that the occurrence of BSE in native
bovine animals is highly unlikely, or unlikely but not excluded; or
(b) born after the date of effective enforcement of the prohibition on the
feeding of mammalian protein to ruminants in Member States with
reported BSE in native animals or for which a scientific evaluation
established that the occurrence of BSE in native bovine animals is
likely.
The United Kingdom, Portugal, Finland, Sweden and Austria may benefit
from this derogation on the basis of previously submitted and evaluated
evidence. Other Member States may apply for this derogation by submitting
conclusive supporting evidence to the Commission regarding point (a) or
(b), as appropriate.
Member States benefiting from this derogation shall, in addition to the
requirements laid down in Annex III, Chapter A, section I, ensure that one
of the approved rapid tests listed in Annex X, Chapter C, point 4, is applied
to all bovine animals over 30 months of age which:
(a) have died on the farm or in transport, but which have not been slaugh-
tered for human consumption, with the exception of those dead animals
in remote areas witha low animal density situated in Member States
where the occurrence of BSE is unlikely;
(b) were subject to normal slaughter for human consumption.
This derogation shall not be granted to allow the use of vertebral column
and dorsal root ganglia from bovine animals aged over 30 months from2001R1326 — EN — 01.04.2002 — 001.001 — 10
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the United Kingdom or from Portugal with the exception of the Autono-
mous Region of the Azores.
Experts from the Commission may carry out on-the-spot checks to further
verify the submitted evidence in accordance with Article 21.’2001R1326 — EN — 01.04.2002 — 001.001 — 11
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ANNEX IV
‘C.Concerningprohibitionsonanimalfeeding
Council Decision 2000/766/EC concerning certain protection measures with
regard to transmissible spongiform encephalopathies and the feeding of
animal protein, and Commission Decision 2001/9/EC concerning control
measures required for the implementation of Council Decision 2000/766/EC,
remain in force.
A decision may be taken in accordance withth e procedure referred to in
Article 24(2) to adapt Decision 2000/766/EC to the situation of each Member
State in the light of the results of Commission inspections and the incidence
of BSE, based on the results of BSE monitoring, with particular reference to
testing of bovine animals, as established by Annex III.
D.Concerningplacingonthemarketandexport
1. The following provisions remain in force as transitional measures:
Commission Decision 92/290/EEC of 14 May 1992 concerning certain
protection measures relating to bovine embryos in respect of bovine spongi-
form encephalopathy (BSE) in the United Kingdom.
Council Decision 98/256/EC of 16 March1998 concerning emergency
measures to protect against bovine spongiform encephalopathy, amending
Decision 94/474/EC and repealing Decision 96/239/EC.
Commission Decision 98/351/EC of 29 May 1998 setting the date on which
dispatch from Northern Ireland of bovine products under the Export Certified
Herds Scheme may commence by virtue of Article 6(5) of Council Decision
98/256/EC.
Commission Decision 1999/514/EC of 23 July 1999 setting the date on
which dispatch from the United Kingdom of bovine products under the
date-based export scheme may commence by virtue of Article 6(5) of
Council Decision 98/256/EC.
Commission Decision 2000/345/EC of 22 May 2000 setting the date on
which dispatch from Portugal to Germany of certain products for the purpose
of incineration may commence by virtue of Article 3(6) of Decision 98/653/
EC.
Commission Decision 2000/371/EC of 6 June 2000 setting the date on which
dispatchof figh ting bulls from Portugal to France may commence by virtue
of Article 3(7) of Decision 98/653/EC.
Commission Decision 2000/372/EC of 6 June 2000 setting the date on which
dispatchof figh ting bulls from Portugal to Spain may commence by virtue of
Article 3(7) of Decision 98/653/EC.
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.
2. Imports of bovine animals are to be subject to the presentation of an interna-
tional animal health certificate attesting that:
(a) the feeding of ruminants with proteins derived from mammals has been
banned and the ban has been effectively enforced;
(b) the bovine animals intended for export to the Community are identified
by a permanent identification system enabling them to be traced back to
the dam and herd of origin and are not the progeny of BSE suspected
females.
3. Imports of bovine embryos and ova are to be subject to the presentation of an
international animal health certificate attesting that the feeding of ruminants
with proteins derived from mammals has been banned and the ban has been
effectively enforced.
4. Points 2 and 3 shall not apply to imports from:
Australia
ArgentinaBotswanaBrazilChileCosta RicaNamibia2001R1326 — EN — 01.04.2002 — 001.001 — 12
▼B
New Zealand
NicaraguaParaguayUruguay
Singapore
Swaziland.’2001R1326 — EN — 01.04.2002 — 001.001 — 13