EN Official Journal of the European Union C 234/26

Opinion of the European Economic and Social Committee on the Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies

(COM(2004) 775 final — 2004/0270 (COD))

(2005/C 234/07)

On 16 December 2004 the Council decided to consult the European Economic and Social Committee, under Article 152 of the Treaty establishing the European Community, on the abovementioned proposal.

The Section for Agriculture, Rural Development and the Environment, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 17 February 2005. The rapporteur was Mr Chiriaco.

At its 415th plenary session, held on 9 and 10 March 2005 (meeting of 9 March), the European Economic and Social Committee adopted the following opinion by 130 votes to none with three abstentions.

1. Summary of the Commission's proposal

1.1 The main amendments proposed to the regulation on the prevention, control and eradication of certain TSEs are: — an extension for a further two years of the transitional measures, first extended in 2003 (1); — the reinforcement of some preventive measures (to include cervids, encourage the selection of TSE resistant ovine animals through a harmonised breeding programme, bring the regulation into line with Regulation 1774/2002 on the health rules concerning animal by-products, and prohibit the injection of gas into the cranial cavity as a slaughter method); — an extension of the restrictions on the movement of animals to ovine and caprine animals; — on the one hand, a restriction on the placing on the market of raw materials for the manufacture of di-calcium phosphate; on the other, the inclusion among the derogations of milk not intended for human consumption, in the same way as for milk for human consumption; — consolidation of the legal basis for inspections in third countries.

2. General comments

2.1 Although it has previously expressed its reservations about repeated extensions (2), the EESC notes the need to harmonise the rules at international level in the OIE, in accordance with the risk-assessment criteria defined by the Commission itself.

2.2 Practical experience at European level has clearly shown that the present five-category classification, based on recorded cases rather than risk, rewards those countries with the least controls and penalises those who carry out effective controls which detect cases of disease. Under the impact of recent cases in Japan, Canada and the United States, progress towards the conclusion of an agreement to adopt an improved methodology at the OIE is apparently accelerating; this will probably occur in May 2005.

2.3 The Committee must nevertheless repeat its earlier recommendation: should joint rules for risk management prove impossible, the EU must accept the consequences and introduce the requisite sets of rules itself regardless of the resultant complications in the WTO for trade with third countries. Lack of international acceptance and time-consuming negotiations must not delay the implementation of those provisions deemed necessary for EU cooperation.

2.4 The Committee welcomes the fact that the Commission has made use of the opportunity provided by the extension of the time period to introduce amendments designed to strengthen preventive measures, encourage selection programmes and broaden restrictions on both movement and controls, especially with regard to third countries.

3. Specific comments

3.1 The inclusion of ‘cervids’ is entirely appropriate.

3.2 Consolidating the legal basis for the harmonised breeding programme, which is already operating with encouraging results, will allow the selection of resistant ovines to be expanded.

3.3 Compliance with Regulation 1774/2002 is essential in the interests of legislative consistency.

3.4 The injection of gas into the cranial cavity, which is already prohibited for imported animals, is explicitly forbidden in slaughter activities within the EU, and this is clearly advantageous in preventing contamination.

3.5 The rules restricting the movement of bovines are quite rightly extended to animals affected by scrapie.

3.6 The Committee welcomes the extension to other species of the scope of the provisions concerning the placing on the market and export of bovine, ovine and caprine animals and their semen, embryos and ova, together with the restriction on raw materials for the manufacture of di-calcium phosphate, in accordance with the recommendations of the Scientific Steering Committee.

3.7 In the Committee's view, it is essential to consolidate the legal basis for possible inspections in third countries, so that full use can be made of the experience acquired at European level in this field, but also recommends that the financial and human resources needed for this purpose be made available.

Brussels, 9 March 2005. The President of the European Economic and Social Committee Anne-Marie SIGMUND

(1) EESC Opinion, rapporteur: Mr Nielsen, OJ C 208 of 3.9.2003.

(2) Ibid.