2000D0766 — EN — 01.07.2001 — 001.001 — 1
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►B COUNCIL DECISION
of 4 December 2000
concerning certain protection measures with regard to transmissible spongiform encephalopathies
and the feeding of animal protein
(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
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COUNCIL DECISION
of 4 December 2000
concerning certain protection measures with regard to transmissible
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 with a view to the
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 veterinarychecks 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 been
recorded 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 standardsregarded as being the most effective for the inactivation of theagents of scrapie and BSE for the production of mammalianprocessed animal proteins, the exclusion of specified risk material
from the feed chain and active surveillance measures to prevent
cases of BSE from entering into the feed chain. The ScientificSteering Committee adopted an opinion on 27 and 28 November2000. It recommended that, where the risk of cross-contaminationof cattle feed with feed intended for other animals and which
contains animal proteins possibly contaminated by the BSE agent
cannot be excluded, a temporary ban of animal proteins in animalfeed should be considered.
(4)Certain Member States have reported deficiencies in theimplementation of Community legislation on animal feed andhave, as a consequence, adopted safeguard measures.
(5)Community inspections have identified systematic failures in theimplementation of Community rules in several Member States.
(6)In the light of the above, as a precautionary measure, it isappropriate to prohibit on a temporary basis the use of animal
protein in animal feed, pending a total re-evaluation of the
implementation of Community legislation in Member States. Asthis prohibition could have environmental implications if notcontrolled properly, it is necessary to ensure that animal waste iscollected, transported, processed, stored and disposed of in a safemanner.2000D0766 — EN — 01.07.2001 — 001.001 — 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.
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(7)A large scale Community testing programme will start on 1
January 2001. This programme will provide concrete data on the
prevalence of BSE in Member States. This data will providefactual information of the effectiveness of past Communitylegislation on animal feed and will identify Member States whereBSE recycling via processed animal protein remains a possibility.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 favourableopinion,
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, hoofmeal, horn meal, poultry offal meal, feather meal, dry greaves, fishmeal,dicalcium phosphate, gelatine and any other similar products includingmixtures, feedingstuffs, feed additives and premixtures, containing theseproducts.
Article 2
1. Member States shall prohibit the feeding of processed animal
proteins to farmed animals which are kept, fattened or bred for theproduction 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 with the procedure laid down inArticle 17 of Council Directive 89/662/EEC of 11 December 1989concerning veterinary checks in intra-Community trade with a viewto 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 concerning
additives in feedingstuffs(2),
— dicalcium phosphate and hydrolysed proteins obtained in accordance
with the conditions to be fixed in accordance with the procedure laiddown in Article 17 of Directive 89/662/EEC,
— milk and milk products to farmed animals which are kept, fattened or
bred for the production of food.
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 — 01.07.2001 — 001.001 — 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).
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(b) ensure that all processed animal proteins intended for the feeding of
farmed animals which are kept, fattened or bred for the productionof 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 with that Directive, Commission Decision 97/735/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 — 01.07.2001 — 001.001 — 4
(1) Council Directive 90/667/EEC of 27 November 1990 laying down the
veterinary 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 fish origin 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 with regard 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
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