1999/129/EC: Commission Decision of 29 January 1999 amending for the second time Decision 94/381/EC concerning certain protection measures with regard to bovine spongiform encephalopathy and the feeding of mammalian derived protein (notified under document number C(1999) 198) (Text with EEA relevance)
Date: 1999-01-29
Institutions: European Commission
Subjects: animal disease, animal feedingstuffs, animal protein, cattle, health control, veterinary inspection

L 41/14

EN

Official Journal of the European Communities

16. 2. 1999

COMMISSION DECISION

of 29 January 1999

amending for the second time Decision 94/381/EC concerning certain protection
measures with regard to bovine spongiform encephalopathy and the feeding of
mammalian derived protein

(notified under document number C(1999) 198)

(Text with EEA relevance)

(1999/129/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

risks as regards transmissible spongiform encephalopa-
thies;

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), as last amended by Directive 92/
118/EEC (2), and in particular Article 10(4) thereof,

Whereas Commission Decision 94/381/EC (3) concerning
certain protection measures with regard to bovine spongi-
form encephalopathy and the feeding of mammalian
derived protein as amended by Decision 95/60/EC (4),
prohibits
the feeding of protein derived from all
mammalian species to ruminants; whereas certain animal
products and by-products may be exempted from this
prohibition;

Whereas the Scientific Steering Committee adopted a
report and scientific opinion on the safety of hydrolysed
proteins produced from bovine hides on 22 and 23
October 1998; whereas this opinion addresses the ques-
tions of under which conditions of sourcing of the mate-
rial and/or of type of material used and/or production
process can hydrolysed proteins, produced from bovine
hides destined for animal consumption, be considered
free of BSE infectivity; whereas the Scientific Steering
Committee in the above opinions strongly recommends
that hydrolysed proteins manufacturers implement and
respect hazard analysis and critical control points proce-
dures;

Whereas the Commission has adopted Decision 97/
534/EC (5) as last amended by Council Decision 98/745/
EC (6) on the prohibition of the use of material presenting

(1) OJ L 224, 18. 8. 1990, p. 29.
(2) OJ L 62, 15. 3. 1993, p. 49.
(3) OJ L 172, 7. 7. 1994, p. 23.
(4) OJ L 55, 11. 3. 1995, p. 43.
(5) OJ L 216, 8. 8. 1997, p. 95.
(6) OJ L 358, 31. 12. 1998, p. 113.

Whereas the Commission has adopted Decision 98/
272/EC (7) on epidemio-surveillance for
transmissible
spongiform encephalopathies and amending Decision 94/
474/EC; whereas this Decision lays down measures to be
applied in case of animals suspected of having a transmis-
sible spongiform encephalopathy (TSE);

Whereas the adoption of this proposal is without preju-
dice to the adoption of rules for the organisation of the
prevention and control of transmissible spongiform ence-
phalopathies;

Whereas the measures provided for in this Decision are in
accordance with the opinion of the Standing Veterinary
Committee,

HAS ADOPTED THIS DECISION:

Article 1

Article 1(3),
replaced by the following:

third indent of Decision 94/381/EC is

‘— hydrolysed proteins with a molecular weight

below 10 000 daltons which have been:

(i) derived from hides and skins obtained from
animals which have been slaughtered in a
slaughterhouse and have undergone an ante
mortem inspection by an official veterinarian
in accordance with Chapter VI of Annex I to
Directive 64/433/EEC and passed fit, as a
result of such inspection, for slaughter for the
purpose of that Directive,

and

(ii) produced by a production process which
involves appropriate measures to minimise

(7) OJ L 122, 24. 4. 1998, p. 59.

16. 2. 1999

EN

Official Journal of the European Communities

L 41/15

contamination of hides and skins, preparation
of the hides and skins by brining, liming and
intensive washing followed by exposure of the
material to a pH of ; 11 for ;three hours at
temperature ;80 (cid:190)C and followed by heat
treatment of ;140 (cid:190)C for 30 minutes at ;3,6
bar or a by an equivalent production process
approved by the Commission after consulta-
tion of the appropriate Scientific Committee,

Article 2

Member States shall adopt
comply with this Decision. They shall
inform the Commission thereof.

the measures necessary to
immediately

Article 3

This Decision is addressed to the Member States.

and

Done at Brussels, 29 January 1999.

(iii) come from establishments which carry out an

own checks programme (HACCP).'

For the Commission

Franz FISCHLER

Member of the Commission