Proposal for a COUNCIL DECISION concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein

(presented by the Commission)

EXPLANATORY MEMORANDUM

Community rules for control of certain processed animal protein into ruminant feed entered into force in July 1994.

Cases of BSE have been recorded in animals born in 1995 and later years in certain Member States.

Based on scientific opinions, the Commission adopted a series of measures for the animal feed, including high processing standards regarded as being the most effective for the inactivation of the agents of scrapie and BSE for the production of mammalian processed animal proteins, the exclusion of specified risk material from the feed chain, active surveillance measures to prevent cases of bovine spongiform encephalopathy (BSE) from entering into the feed chain. The Scientific Steering Committee adopted an opinion on 27-28 November 2000. It recommended that, where the risk of cross-contamination of cattle feed with feed destined to other animals and which contain animal proteins possibly contaminated by the BSE agent cannot be excluded, a temporary ban of animal proteins in animal feed should be considered.

Certain Member States have reported deficiencies in the implementation of Community legislation on animal feed and have, as a consequence, adopted safeguard measures.

Community inspections have identified systematic failures in the implementation of Community rules in several Member States.

In the light of the above, as a precautionary measure, it is appropriate to temporary prohibit the use of animal protein in animal feed, pending a total re-evaluation of the implementation of Community legislation in Member States. This is the purpose of this Decision. As this prohibition could have environmental implications if not controlled properly, this Decision establishes that animal waste shall be collected, transported, processed, stored and disposed of in a safe manner. In order to prevent deflection of trade, the exportation of processed animal proteins to third countries are also prohibited.

A large scale Community testing programme will commence on 1 January 2001. This programme will provide concrete data on prevalence of BSE in Member States. These data will provide factual information of effectiveness of past Community legislation on animal feed and will identify Member States where BSE recycling via processed animal protein remains a possibility. This information shall be used in the review of the measure laid down by this Decision.

This Decision has no financial implications for the Community budget.

On 29 November 2000, the College of Commissioners agreed to submit the proposal to the Standing Veterinary Committee for an opinion. On 30 November 2000 the Standing Veterinary Committee gave a negative opinion.

United Kingdom opposed on scientific and technical consideration. In particular, they stressed that the proposal was going 'too fast and too far' in banning the use of non-mammalian proteins.

Sweden opposed as they believed that this proposal should be discussed at the Council Ministers meeting on 4 December 2000.

Finland opposed as they stated that the proposal is not based on scientific justification. Instead of a ban, more efforts should be put into the enforcement of current Community legislation by Member States.

Belgium opposed for technical consideration; in particular the date of entry into force of 1 January 2001 was considered too short. Furthermore, they considered that a prohibition of intra-species recycling in animal feed would be more appropriate than the proposed complete ban of animal protein.

The Netherlands and Ireland abstained as they believed that other risk management measures should be taken instead of such an extensive ban.

Denmark abstained as they did not have a mandate to vote in favour to such an extensive measure.

The result of the vote were:

In favour: 54 (P, AT, L, IT, FR, SP, GR, DE)

Against: 22 (UK, SW, FIN, B)

Abstention: 11 (NL, IRL, DK)

Proposal for a COUNCIL DECISION concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein

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,

[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.).

Having regard 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 BSE have been recorded in animals born in 1995 and later years in certain Member States.

(3) Based on scientific opinions, the Commission adopted a series of measures for the animal feed, including high processing standards regarded as being the most effective for the inactivation of the agents of scrapie and BSE for the production of mammalian processed animal proteins, the exclusion of specified risk material from the feed chain, active surveillance measures to prevent cases of bovine spongiform encephalopathy (BSE) from entering into the feed chain. The Scientific Steering Committee adopted an opinion on 27-28 November 2000. It recommended that, where the risk of cross-contamination of cattle feed with feed destined to other animals and which contain animal proteins possibly contaminated by the BSE 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 implementation 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 appropriate to temporary prohibit the use of animal protein in animal feed, pending a total re-evaluation of the implementation of Community legislation in Member States. As this prohibition could have environmental implications if not controlled properly, it is necessary to ensure that animal waste is collected, transported, processed, stored and disposed of in a safe manner.

(7) A large scale Community testing programme will commence on 1 January 2001. This programme will provide concrete data on prevalence of BSE in Member States. These data will provide factual information of effectiveness of past Community legislation on animal feed and will identify Member States where BSE recycling via processed animal protein remains a possibility. This information shall 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 following definitions apply:

Processed animal proteins: 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 products including mixtures, feedingstuffs, feed additives and premixtures, containing these products.

Article 2

1 Member States shall prohibit the feeding of 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 fish,

- 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 fishmeal intended for the feeding of fish and milk and milk products, 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 which are kept, fattened or bred for the production of food,

(b) ensure that all processed animal proteins intended for the feeding of farmed animals which are kept, fattened or bred for the production 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 [2] is collected, transported, processed, stored or disposed of in accordance with this Directive, Council Decision 1999/534/EEC [3] and Commission Decision 1997/735/EC [4].

[2] OJ L 363, 27.12.1990, p. 51. Directive as last amended by the Act of Accession of Austria, Finland and Sweden..

[3] OJ L 204, 4.8.1999, p. 37.

[4] OJ L 294, 28.10.1997, p. 7. Decision as last amended by Decision 1999/534/EC.

Article 4

This Decision shall enter into force on 1 January 2001 and shall apply until 30 June 2001.

This Decision may be adapted before the 30 June 2001 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 over 30 months of age, as established by Commission Decision 2000/.../EC [5].

[5] OJ L

Article 5

This Decision is addressed to the Member States.

Done at Brussels,

For the Council

The President