WRITTEN QUESTION E-3706/97 by Cristiana Muscardini (NI) to the Commission (19 November 1997)

Subject: Bovine spongiform encephalopathy and public veterinary health

The legislation governing the processing of animal waste (rendering) sector has undergone a rapid succession of far-reaching amendments. The impression created by the great number of definitions and the complexity of the

regulations is that these very important measures are heavily dependent upon factors which are not always scientifically tenable. There are great differences between the Member States with regard to the epidemiological situation, and the systems of checks vary from one Member State to another. The measures to be taken should therefore be separately assessed according to the incidence of the disease in the various countries.

In view of this, does not the Commission believe that:

1. amendments could be made to Decision 97/534/EC ((OJ L 216, 8.8.1997, p. 95.)) on the basis of criteria whose priority is gradually to achieve gradually a more acceptable risk to human health, these criteria being at the same time being based in technically justifiable data and on public health measures which should be laid down and properly adopted along all the links of the chain?

2. animal feedingstuffs based on raw materials from healthy animals which have been properly slaughtered (low risk) should be processed in accordance with specified procedures (pressure processing)?

3. the requirement that all fallen animals and thus all 'high risk' material must be disposed of by incineration or alternative methods should be restated?

4. properly authorized processing plants must be specifically engaged in one or other of these activities?

5. it should be prohibited to feed animal meal to cattle?

Answer given by Mr Fischler on behalf of the Commission (16 January 1998)

1. The Commission is aware about problems of interpretation and implementation of Decision 97/534/EC of 30 July 1997 on the prohibition of the use of material presenting risks as regards transmissible spongiform encephalopathies. A Commission proposal to amend this Decision was presented to the standing veterinary committee on December 1997 but did not find sufficient support of Member States. In consequence, the Commission postponed the implementation of this Decision to 1 April 1998 in order to allow more time to study recent scientific advice of the scientific steering committee and to prepare an amendment of this Decision. However, any amendment will be strictly in line with the scientific recommendations.

2. Decision 96/449/EC of 18 July 1996 on the approval of alternative heat treatment systems for processing animal waste with a view to the inactivation of spongiform encephalopathy agents ((OJ L 184, 24.7.1996. )) establishes that all mammalian waste within the scope of 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. )) must be processed in accordance with the processing parameters laid down in the Annex of that Decision (133°C, 20 minutes, 3 bar).

According to Directive 90/667/EEC animal waste is defined as carcasses or parts of animals or fish, or products of animal origin not intended for direct human consumption. Consequently, all high and low risk mammalian material, including material fit for human consumption, not intended for direct human consumption and not subject to specific derogation (petfood, hides and skins, gelatin) must also be processed to the new rendering standards if intended or used for feed.

3. and 5. According to the current Community legislation, high risk animal waste, including dead animals, must be either disposed of by burning or burial, or processed in an approved plant under official veterinary surveillance in order to be incorporated into animal feed. In case of bovine spongiform encephalopathy (BSE) infected animals, carcasses and offal shall be destroyed.

In view of a revision of the Community legislation on animal waste, the Commission has launched a public debate concerning the production and feeding of meat and bone meal. It is considering the different options with regard to the economic, scientific, environmental, ethical, trade and other consequences of the exclusion of fallen animals and material condemned at slaughter ('high-risk material') from the feed chain and on the introduction of a ban on feeding animal protein to ruminants.

Regarding the efficacy of the procedure described in the Annex of Commission Decision 96/449/EC in terms of inactivating the scrapie agent in meat and bone meal, the scientific steering committee is presently addressing the issue of the safety of meat and bone meal.

In the light of the outcome of this public consultation and of the scientific advice, the Commission will propose an amendment of the appropriate legislation.

4. If the option of the exclusion of 'high-risk material' from the feed chain is followed, the Commission will lay down appropriate rules for the correct implementation of such an option in order to avoid problems of cross-contamination between the two categories of material.