Proposal for a Council Decision repealing Decision 97/534/EC on the prohibition of the use of material presenting risks as regards transmissible spongiform encephalopathies
Date: 1998-03-27
Institutions: European Commission
Subjects: animal disease, health policy, import restriction, infectious disease, third country

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 27.03.1998 
COM(1998) 213  final 

Proposal for a 

COUNCIL DECISION 

repealing Decision 97/534/EC on the prohibition of the use of material presenting 

risks as regards transmissible spongiform encephalopathies 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

Commission  Decision  97/534/EC  ,  as  amended  by  Decision  97/866/EC,  bans,  with 
effect  from  1  April  1998, the use for any purpose of brain, spinal cords and eyes from 
cattle, sheep and  goats over one year of age and spleens from  sheep and  goats of any 
age.  It  includes  measures  for  banning  imports  from  third  countries  of  products 
containing or derived from these tissues. 

The Commission has made several attempts to amend the Decision in the light of new 
scientific  evidence  and  to  take  into  account  of  possible  problems  in  the  supply  of 
essential  pharmaceutical  products, with the aim  of establishing  a Community  regime 
on SRMs compatible with international obligations, achieving a high degree of human 
and animal health. These have not been accepted by the Member States. 

A  draft  Decision  repealing  Decision  97/534/EC  was  submitted  to  the  Standing 
Veterinary Committee on 27 March  1998 for an opinion. 

The  Commission,  not  having  received  a  favourable  opinion  from  the  Standing 
Veterinary  Committee,  is required  under  Article  17 of  Directive  89/662  to  submit  a 
proposal to the Council without delay. 

Proposal for a 

COUNCIL DECISION 

of 

repealing Decision 97/534/EC on the prohibition of the use of material presenting 

risks as regards transmissible spongiform encephalopathies 

(Text with EEA relevance) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having  regard  to  Council  Directive  89/662/EEC  of  11  December  1989  concerning 

veterinary  checks  in  intra-Community  trade  with  a  view  to  the  completion  of  the 

internal market1, as last amended by Directive 92/118/EEC2, and in particular Article 9 

(4) thereof, 

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, as last amended by 

Directive 92/118/EEC, and in particular Article 10(4) thereof, 

Having regard to Council Directive 90/675/EEC of 10 December 1990 laying down the 

principles  governing  the  organization  of  veterinary  checks  on products  entering  the 
Community from third  countries  ,  as  last  amended  by  Directive  96/43/EC5,  and  in 

particular Article 19 thereof, 

1  OJ No L 395, 30.12.1989, p.13. 
2  OJNoL62,  15.3.1993, p. 49. 
3  OJ No L 224, 18.8.1990, p. 29. 
4  OJ No L 373, 31.12.1990, p. 1. 
5  OJNoL162,  1.7.1996, p. 1. 

Having regard the proposal of the Commission, 

Whereas  the  Commission  has  adopted  on  30 July  1997 Decision  97/534/EC  on  the 

prohibition  of the use of material presenting risks as regards transmissible  spongiform 

encephalopathies6; whereas that Decision applies from 1  April  1998; 

Whereas,  however,  developments  since  the  adoption  of  that  Decision  lead  to  the 

conclusion  that  its application  is no  longer  appropriate,  whereas, therefore,  it  should 

be repealed; 

Whereas the Standing Veterinary Committee has not given a favourable  opinion, 

HAS ADOPTED THIS DECISION: 

Article I 

Commission Decision 97/534/EC of 30 July 1997 is hereby repealed. 

Article 2 

This Decision is addressed to the Member States. 

Done at Brussels, 

For the Council 

€  OJ No L 216, 8.8.1997, p. 95. Decision amended by Commission Decision 97/866/EC, OJ No L 
351,23.12.1997, p. 69 

ISSN 0254-1475 

COM(98) 213 final 

DOCUMENTS 

EN 

03  15  06  05 

Catalogue  number  :  CB-CO-98-224-EN-C 

ISBN  92-78-33019-1 

Office  for Official  Publications of the European  Communities 

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