98/692/EC: Commission Decision of 25 November 1998 amending Decision 98/256/EC as regards certain emergency measures to protect against bovine spongiform encephalopathy (notified under document number C(1998) 3773) (Text with EEA relevance)
Date: 1998-11-25
Institutions: European Commission
Subjects: United Kingdom, animal disease, cattle, export, health certificate, veterinary inspection

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II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 25 November 1998

amending Decision 98/256/EC as regards certain emergency measures to protect
against bovine spongiform encephalopathy

(notified under document number C(1998) 3773)

(Text with EEA relevance)

(98/692/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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 market (1), as last amended by Directive 92/
118/EEC (2), and in particular Article 9(4) thereof,

as

(1) Whereas Council Decision 98/256/EC of 16 March
1998 concerning emergency measures to protect
against bovine spongiform encephalopathy, amend-
ing Decision 94/474/EC and repealing Decision
96/239/EC (3),
by Commission
amended
Decision 98/564/EC (4), provided for a step-by-step
approach to the lifting of the ban on the dispatch
to other Member States and third countries of prod-
ucts from bovine animals slaughtered in the United
Kingdom; whereas the first step was the lifting of
the prohibitions on the dispatch of products from
bovine animals slaughtered, cut, processed and
stored in establishments exclusively used for prod-
ucts destined for dispatch to other Member States

(1) OJ L 395, 30. 12. 1989, p. 13.
(2) OJ L 62, 15. 3. 1993, p. 49.
(3) OJ L 113, 15. 4. 1998, p. 32.
(4) OJ L 273, 9. 10. 1998, p. 37.

and third countries, and located in Northern
Ireland; whereas subsequent steps will include the
the prohibition on the processing of
lifting of
eligible meat
from Northern Ireland in Great
Britain, under conditions which will be laid down
at a later stage; whereas the Commission will
immediately start investigating, with the authorities
of the United Kingdom, by what means and under
what conditions those restrictions may be further
relaxed;

(2) Whereas the date on which the dispatch of prod-
ucts under the Export Certified Herds Scheme
(ECHS) could commence was set at 1 June 1998 by
Commission Decision 98/351/EC (5);

(3) Whereas the United Kingdom put forward a first
proposal for a Date-Based Export Scheme (DBES)
with a view to permitting, subject to certain condi-
tions, the dispatch of products from animals born
after a certain date to the Commission on 2
October 1997; whereas
the Scientific Steering
Committee concluded at its meetings of 8 and 9
December 1997 and 22 and 23 January 1998 that

(5) OJ L 157, 30. 5. 1998, p. 110.

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that proposal was not adequate; whereas the United
Kingdom put forward a modified proposal dated 27
the Scientific Steering
January 1998; whereas
revised
Committee issued an opinion on that
the
proposal on 20 February 1998 stating that
revised proposal responded to the suggestions and
questions formulated by the Scientific Steering
Committee;

to all

(4) Whereas the feeding of ruminant protein to rumi-
nants has been illegal
in the United Kingdom
since January 1989; whereas a total ban on the
feeding of mammalian meat-and-bone meal was
introduced in 1994; whereas the feeding of any
mammalian meat-and-bone meal
farmed
livestock was banned on 4 April 1996; whereas by 1
August 1996 all
feed containing mammalian
meat-and-bone meal in the United Kingdom had
been recalled and premises in which it had been
stored were required to be cleansed and disinfected;
whereas from that date it became a legal offence to
sell or supply any mammalian meat-and-bone meal
for incorporation into livestock feed or to feed live-
stock any feed containing mammalian meat-and-
bone meal or to possess mammalian meat-and-
stored or
bone meal wherever
prepared; whereas the monitoring programme, in
existence since 1 February 1996, to check that no
mammalian meat-and-bone meal was being incor-
porated in livestock feed after 1 August 1996 has
that
been extended; whereas
programme demonstrated adequate compliance
with the prohibition on incorporating mammalian
meat-and-bone meal or protein in ruminant
feedingstuffs from 1 August 1996; whereas there-
fore, adequate guarantees have been given that
cattle born after 1 August 1996 have not been
exposed to a risk of infection in feed;

farm feed was

results of

the

(5) Whereas a mission of the Veterinary and Phyto-
sanitary Inspection and Control Office of
the
Commission to the United Kingdom from 22 to 26
July 1996 assessing the effectiveness of the feed
ban and the feed recall scheme confirmed that
adequate guarantees on compliance were given;

whereas those measures adequately address the risk
of maternal
transmission of BSE to an eligible
animal;

(7) Whereas the United Kingdom has introduced a
bovine passport system in Great Britain for bovine
animals born on or after 1 July 1996; whereas that
system allows accurate verification of the identity of
eligible animals, their date of birth and their dam;
whereas the veterinary inspection services of the
Commission assessed the effective implementation
of that passport system during a mission from 30
September to 4 October 1996; whereas the United
Kingdom intends to introduce a system of official
controls and evidence provided by farmers to verify
the survival of dams for six months;

(8) Whereas this Decision should lay down a system of
special approval of meat plants participating in the
DBES; whereas an establishment approved under
the DBES should not be allowed to slaughter
bovine animals and process and handle meat ineli-
gible for dispatch to the other Member States or
third countries under the rules concerning the
DBES, the ECHS and the redispatch of meat from
animals slaughtered outside the United Kingdom;
whereas cold-stores approved under
the DBES
should store meat eligible for dispatch in dedicated
chambers;

(9) Whereas the strict control provisions, including the
additional health mark laid down in Decision 98/
the processing and dispatch of
256/EC for
imported meat and for the ECHS should also apply
to meat and meat products eligible under the
DBES;

(10) Whereas the United Kingdom has guaranteed that
at least one official veterinarian will be perman-
ently present in slaughterhouses approved under
the DBES throughout ante-mortem and post-
mortem examinations; whereas
the United
Kingdom has undertaken to ensure the daily pres-
ence of an official veterinarian in cutting-plants
approved under the DBES;

(6) Whereas the United Kingdom is required to ensure
that all offspring born after 1 August 1996 of
bovine spongiform encephalopathy (BSE) cases are
slaughtered and destroyed with a view to subse-
quent incineration before dispatch under the DBES
can commence; whereas the United Kingdom is
also required to ensure that the dams of eligible
animals have not contracted BSE at the time of
slaughter of the eligible animal and have been alive
for six months after the birth of the eligible animal;

(11) Whereas the Food and Veterinary Office of the
Commission conducted a mission to the United
Kingdom from 20 to 24 July to assess the DBES;
whereas the mission report recommended that the
United Kingdom clarify the method of verification
of the survival of the dam for six months, and the
slaughter
information becoming available after
which would render the meat and products thereof
ineligible; whereas the United Kingdom has agreed
to further improvements to comply with those

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it was also recom-
recommendations; whereas
mended that the conditions of the proposal be
clarified with respect to the offspring cull in order
to take into account both the intention of the UK
to directly incinerate the animals and the foresee-
able fact that not all offspring (100 %) will be
traceable; whereas minor amendments have been
made to the proposal to comply with those recom-
mendations;

tions of that Article are complied with; whereas
adequate guarantees should be provided on re-entry
into the Community of meat originating from
bovine animals slaughtered in the United Kingdom
that when the corresponding consignments were
exported, the Community requirements were met;
whereas,
the certificate referred to in
Article 3.2.13.9. of the OIE Code on BSE should
accompany the consignment on exportation;

therefore,

(12) Whereas the measures for implementation of the
DBES and the offspring cull will be examined by a
mission of the Food and Veterinary Office of the
Commission before the dispatch of meat and meat
products may commence; whereas if that exam-
ination is satisfactory the Commission will set the
date on which dispatch may commence;

(13) Whereas animals presented for slaughter under the
ECHS or the DBES must meet all of the relevant
conditions laid down in this Decision; whereas, if it
it discovered after slaughter of an animal under one
of those schemes that it should have been consid-
ered ineligible, the competent authority must take
the necessary measures to prevent the dispatch of
products from that animal; whereas if any product
from an animal subsequently found to be ineligible
has been dispatched, the measures laid down in
Article 9 of Directive 89/662/EEC must be applied;

(14) Whereas it is therefore appropriate to lay down the
rules for the DBES as a step to lifting the prohib-
ition on the dispatch of fresh deboned meat and
certain products made from that fresh deboned
meat,
from bovine animals slaughtered in the
United Kingdom;

(15) Whereas a revision of the Animal Health Code of
the Office International des Epizooties (OIE) on
BSE (OIE Code on BSE) was adopted in the general
assembly of the OIE in Paris on 29 May 1998;
whereas Article 3.2.13.9. of that Code recommends
conditions for the import of deboned meat and
meat products from cattle from a country or zone
with a high incidence of BSE; whereas the condi-
tions laid down in this Decision are in conformity
with that Article of the OIE Code on BSE;

(17) Whereas,

in view of the low level of risk,

it is
appropriate to authorise, subject to certain condi-
tions, the dispatch of food for domestic carnivores;

(18) Whereas the scope of the provisions relating to
cold store chambers, to the separation requirements
for eligible animals and products during slaughter,
cutting, processing and cold storage, and to identi-
fication of serial numbers should be clarified;

(19) Whereas Decision 98/256/EC should therefore be

amended accordingly;

favourable opinion; whereas

(20) Whereas the Standing Veterinary Committee has
not given a
the
Commission has therefore proposed these measures
to the Council on 13 November 1998 in accord-
ance with Article 17 of Directive 89/662/EEC, the
Council being required to act within 15 days;

(21) Whereas, however,

the Council has not acted
within the required time limit; whereas the Council
has not decided against the proposed measures by
simple majority within the same time limit;
whereas these measures should now be adopted by
the Commission,

HAS ADOPTED THIS DECISION:

Article 1

Decision 98/256/EC is amended as follows:

(1) Article 6 is replaced by the following:

‘Article 6

(16) Whereas Article 3.2.13.9. of the OIE Code on BSE
requires Veterinary Administrations, when goods
are imported from a country or zone with a high
incidence of BSE, to require the presentation of an
international certificate attesting that the condi-

By way of derogation from Article 3, the United
1.
the dispatch to other
Kingdom may authorise
Member States or to third countries of the following
products derived from bovine animals born and reared
in the United Kingdom which have been slaughtered

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in the United Kingdom in slaughterhouses which are
not used for the slaughter of any ineligible bovine
animal, in accordance with the conditions laid down
in this Article, Article 7, Articles 9 to 12 and Annex II
or, as appropriate, Annex III:

(a) “fresh meat” as defined by Directive 64/433/EEC;

For the purpose of this Decision “chamber” shall
7.
mean a room or any other structure within a room
which provides a secure lockable physical barrier.

(*) OJ L 368, 31.12.1994, p. 10.
(**) OJ L 26, 31.1.1977, p. 85.'

(b) “minced meat” and “meat preparations” as defined

(2) Article 10 is amended as follows:

by Council Directive 94/65/EC (*);

(c) “meat products” as defined by Council Directive

77/99/EEC (**);

(d) food which is destined for domestic carnivores.

The fresh meat referred to in paragraph 1(a) shall
2.
including
adherent
tissues,
be deboned and all
obvious nervous and lymphatic tissues,
shall be
removed in cutting plants in the United Kingdom
which are not used for cutting any ineligible bovine
products. Cold storage shall take place in the United
Kingdom in chambers which are not used for storing
any ineligible bovine products and are kept locked
under the seal of the competent authority when the
latter is not present. Cutting, storage and transport
shall be carried out in accordance with the conditions
laid down in Article 7, Articles 9 to 12 and Annex II
or, as appropriate, Annex III.

3.
The fresh meat referred to in paragraph 1(a) may
be used for the production of products referred to in
paragraph 1(b),
(c) and (d) in establishments in the
United Kingdom which are not used for the produc-
tion of any ineligible bovine products, in accordance
with the conditions laid down in this Article,
in
Article 7, Articles 9 to 12 and Annex II or, as appro-
priate, Annex III.

4.
For the purposes of this Article, eligible products
means products referred to in paragraph 1 and prod-
ucts derived from bovine animals not slaughtered in
the United Kingdom which comply with the condi-
tions laid down in Articles 9 to 13.

The Commission,

5.
after having verified the
application of all the provisions of this Decision on
the basis of Community inspections and after having
informed the Member States, shall set the date on
which dispatch of the products referred to in Annex
III may commence.

6.
The Commission shall review the provisions of
this Article at least every three months and shall take
appropriate measures in accordance with the proced-
ure laid down in Article 17 of Directive 89/662/EEC.

(a) In point (b) of paragraph 1 the words ‘Articles 9,
11, 12 and 13' are replaced by the words ‘Articles
6, 9, 11, 12 and 13';

(b) Paragraph 3 is amended as follows:

(i) In the second subparagraph the words ‘their
serial numbers
are
replaced by the words ‘the relevant numbers
in the consignment ensuring traceability of
each individual unit';

in the consignment'

(ii) In the third subparagraph the words ‘their
serial numbers
are
replaced by the words ‘the relevant numbers
in the consignment ensuring traceability of
each individual unit';

in the consignment'

(iii) The following subparagraph is added:

‘Where those products are dispatched to third
countries, they shall be accompanied by a
health certificate, issued by an official veteri-
narian, stating that the conditions laid down
in Decision 98/256/EC have been complied
with'.

(3) Annex II is replaced by the text in Annex I to this

Decision.

(4) Annex III, as set out in Annex II to this Decision, is

added.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 25 November 1998.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX I

‘ANNEX II

EXPORT CERTIFIED HERDS SCHEME (ECHS)

1. Deboned fresh meat and products referred to in Article 6(1)(b), (c) and (d) from that meat derived from
bovine animals slaughtered in Northern Ireland may be dispatched from the United Kingdom in
application of the provisions of Article 6 when obtained from ECHS-eligible animals which originate
from ECHS-eligible herds.

ECHS-eligible herds

2. A herd is a group of animals forming a separate and distinct unit, that is a group of animals which were
managed, housed and kept separately from any other group of animals and which were identified with
unique herd and animal identification numbers.

3. A herd is ECHS-eligible when for at least eight years, there has been no confirmed case of BSE, nor a
suspect case for which the diagnosis of BSE has not been ruled out, in any animal which was still in or
had moved through or from the herd.

4. A herd that has been in existence for less than eight years may be considered ECHS-eligible, after a
thorough epidemiological investigation by the competent veterinary authority, on condition that:

(a) all animals born or moved into the newly established herd complied with the conditions set out in

point 6(a),

(c),

(d) and (e); and,

(b) the herd has complied with the conditions set out in point 3 during its entire existence.

5. If a herd is newly established on a holding which experienced a confirmed case of BSE in any animal
which was still in or had moved through or from a herd on that holding, the newly established herd can
only be ECHS-eligible after a thorough epidemiological
investigation by the competent veterinary
authority, taking into account compliance with each of the following conditions to the satisfaction of the
competent veterinary authority:

(a) all animals of the affected herd previously established on the same holding have been removed or

killed;

(b) all feed has been removed and destroyed and all feed containers thoroughly cleansed;

(c) all buildings have been emptied and thoroughly cleansed before the new animals were admitted;

(d) all conditions set out in point 4 have been complied with.

ECHS-eligible animals

6. A bovine animal is ECHS-eligible if it has been born and reared in Northern Ireland and at the time of

slaughter:

(a) the animal has been clearly identifiable throughout its life, enabling it to be traced back to the herd
and dam of origin; all records of its birth, identity and movements are recorded on an official
computerised tracing system;

(b) it is more than six months but less than 30 months of age, determined by reference to an official

computer record of its date of birth;

(c) its dam has lived for at least six months after its birth;

(d) its dam has not developed BSE and is not suspected of having contracted BSE;

(e) the herd of birth of the animal and all herds through which it has ever moved are ECHS-eligible.

7. The official computerised tracing system referred to in point 6(a) will be accepted only where it has been
in operation for sufficient time to contain all the information relating to the lifetime and movements of
the animals needed to check compliance with the requirements of this Decision, and only in respect of
animals born after the system came into operation. Historical data loaded into a computer for any period
before the system was operational will not be accepted for this purpose.

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Controls

8. If any animal presented for slaughter or any circumstance surrounding its slaughter does not meet all of
the requirements of this Decision, the animal must be automatically rejected. If that information becomes
available after slaughter, the competent authority must immediately cease issuing certificates, and cancel
issued certificates. If dispatch has already taken place, the competent authority must notify the competent
authority of the place of destination. The competent authority of the place of destination must take the
appropriate measures.

9. Slaughter of ECHS-eligible animals must take place in slaughterhouses, in Northern Ireland, which are
not used for slaughter of any bovine animal which is not eligible under the Date-based Export Scheme
(DBES) or under the ECHS.

10. The competent authority must ensure that procedures used in the cutting plants ensure that the following

lymph nodes have been removed:

popliteal, ischiatic, superficial inguinal, deep inguinal, medial and lateral iliac, renal prefemoral, lumbar,
costocervical, sternal, prescapular, axilliary and caudal deep cervical.

11. Meat must be traceable back to the herd of the ECHS-eligible animal, or after cutting, to the animals cut
in the same batch, by means of the computerised tracing system until the time of slaughter. After
slaughter, labels must be capable of tracing fresh meat and products referred to in Article 6(1)(b) and (c)
back to the herd to enable the consignment concerned to be recalled. Food for domestic carnivores must
be traceable by means of accompanying documents and records.

12. All approved ECHS-eligible carcasses must have individual numbers correlated with the ear tag number.

13. The United Kingdom must have detailed protocols in place covering:

(a) tracing and controls prior to slaughter;

(b) controls during slaughter;

(c) controls during processing of food for domestic carnivores;

(d) all labelling and certification requirements after slaughter to the point of sale.

14. The competent authority must set up a system for recording checks on compliance so that control can be

demonstrated.

The establishment

15. To obtain approval, the establishment must, in addition to all other requirements of this Decision, devise
and implement a system whereby the ECHS-eligible meat and/or ECHS-eligible product is identifiable
and all meat can be traced back to its herds of origin, or after cutting, to the animals cut in the same
batch. The system must facilitate full traceability of the meat or products at all stages and records must be
retained for at least two years. Details of the system to be employed must be given, in writing, by the
management of the establishment to the competent authority.

16. The competent authority must assess, approve and monitor the system provided by the establishment in
order to ensure that it provides full segregation and traceability both backwards and forwards.'

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ANNEX II

‘ANNEX III

DATE-BASED EXPORT SCHEME (DBES)

1. Deboned fresh meat and products referred to in Article 6(1)(b), (c) and (d) from that meat derived from
bovine animals slaughtered in the United Kingdom may be dispatched from the United Kingdom in
application of the provisions of Article 6 when obtained from DBES-eligible animals born after 1 August
1996.

2. Before dispatch pursuant to point 1 may commence, the United Kingdom must have implemented and
effectively enforced a programme for the killing and incineration of all offspring born after 1 August 1996
of dams in which BSE has been confirmed before 25 November 1998, and must have killed and
incinerated all cattle found alive which were identified under this programme.

Should confirmation take place after 25 November 1998, offspring born after 1 August 1996 of dams in
which BSE has been confirmed, must be identified, slaughtered and incinerated without delay.

DBES-eligible animals

3. A bovine animal is DBES-eligible if it has been born and reared in the United Kingdom and at the time

of slaughter the following conditions are shown to have been met:

(a) the animal has been clearly identifiable throughout its life, enabling it to be traced back to the dam
and herd of origin; its unique eartag number, date and holding of birth and all movements after birth
are recorded either in the animal’s official passport or on an official computerised identification and
tracing system; the identity of its dam is known;

(b) the animal is more than six months but less than 30 months of age, determined by reference to an
official computer record of its date of birth, and in the case of animals from Great Britain, the animal’s
official passport;

(c) the competent authority has obtained and verified positive official evidence that the dam of the animal

has lived for at least six months after the birth of the eligible animal;

(d) the dam of the animal has not developed BSE and is not suspected of having contracted BSE.

Controls

4. If any animal presented for slaughter or any circumstance surrounding its slaughter does not meet all of
the requirements of this Decision, the animal must be automatically rejected. If that information becomes
available after slaughter, the competent authority must immediately cease issuing certificates, and cancel
issued certificates. If dispatch has already taken place, the competent authority must notify the competent
authority of the place of destination. The competent authority of the place of destination must take the
appropriate measures.

5. Slaughter of DBES-eligible animals must take place in slaughterhouses which are not used for slaughter of
any bovine animal which is not eligible under the DBES when located in Great Britain, or under the
DBES as well as under the ECHS when located in Northern Ireland. Slaughter of DBES-eligible animals
originating from Great Britain in Northern Ireland, or, vice versa, originating from Northern Ireland in
Great Britain, is only authorised if access to all relevant data is ensured.

6. The competent authority must ensure that procedures used in the cutting plants ensure that the following

lymph nodes have been removed:

popliteal, ischiatic, superficial inguinal, deep inguinal, medial and lateral iliac, renal prefemoral, lumbar,
costocervical, sternal, prescapular, axilliary and caudal deep cervical.

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7. Meat must be traceable back to the DBES-eligible animal, or after cutting, to the animals cut in the same
batch, by means of an official tracing system until the time of slaughter. After slaughter, labels must be
capable of tracing fresh meat and products referred to in Article 6(1)(b) and (c) back to the eligible animal
to enable the consignment concerned to be recalled. Food for domestic carnivores must be traceable by
means of accompanying documents and records.

8. All approved DBES-eligible carcasses must have individual numbers correlated with the ear tag number.

9. The United Kingdom must have detailed protocols in place covering:

(a)

tracing and controls prior to slaughter;

(b) controls during slaughter;

(c) controls during processing of food for domestic carnivores;

(d) all labelling and certification requirements after slaughter to the point of sale.

10. The competent authority must set up a system for recording checks on compliance so that control can be

demonstrated.

The establishment

11. To obtain approval, the establishment must, in addition to all other requirements of this Decision, devise
and implement a system whereby the DBES-eligible meat and/or DBES-eligible product is identifiable
and all meat can be traced back to the DBES-eligible animal, or after cutting, to the animals cut in the
same batch. The system must facilitate full traceability of the meat or products at all stages and records
must be retained for at least two years. Details of the system to be employed must be given, in writing, by
the management of the establishment to the competent authority.

12. The competent authority must assess, approve and monitor the system provided by the establishment in
order to ensure that it provides full segregation and traceability both backwards and forwards.'