1999/879/EC: Council Decision of 17 December 1999 concerning the placing on the market and administration of bovine somatotrophin (BST) and repealing Decision 90/218/EEC
Date: 1999-12-17
Institutions: Council of the European Union
Subjects: dairy cow, hormone, marketing, veterinary inspection, veterinary legislation

23. 12. 1999

EN

Official Journal of the European Communities

L 331/71

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 17 December 1999

concerning the placing on the market and administration of bovine somatotrophin (BST) and
repealing Decision 90/218/EEC

(1999/879/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Having regard to the opinion of the Economic and Social
Committee (2),

Whereas:

(1)

(2)

Council Decision 90/218/EEC of 25 April 1990
concerning the placing on the market and administra-
tion of bovine somatotrophin (BST) (3), provides in
Article 1 that Member States are to ensure that, until 31
December 1999, the placing on the market of bovine
somatotrophin for the purposes of its marketing and the
administration thereof on their territory to dairy cows
by any means whatsoever will not be authorised;

By virtue of Article 2(2) of that Decision, the Council
instructed the Commission to entrust a Working Party
of independent scientists, in collaboration with Member
States, with the task of assessing the effects of using BST,
taking account of the opinion of the Committee for
Veterinary Medicinal Products, in particular as regards
the impact of the use of this product on the cases of
mastitis;

(3)

Article 2(1) of that Decision allowed the Member States
to carry out limited practical tests on the use of bovine
somatotrophin, under the control of an official veteri-

narian, in order to obtain any other scientific data that
may be taken into account by the Council when it takes
a final decision. The Commission has not received any
information on such tests and in view of the prohibition
laid down in this Decision there is no need to continue
authorising further such tests;

The Protocol on protection and welfare of animals
annexed to the Treaty calls on the Community and the
Member States, when formulating and implementing the
Community's agricultural policy, to pay full regard to
the health and welfare requirements of animals;

By Decision 78/923/EEC (4),
the Community has
approved the European Convention for the Protection of
Animals Kept for Farming Purposes (hereinafter called
‘the Convention’) and has deposited its instrument of
approval; all Member States have also ratified this
Convention;

Council Directive 98/58/EC of 20 April 1998
concerning the protection of animals kept for farming
purposes (5) states in point 18 of the Annex that no
other substance, with exception of those given for thera-
peutic or prophylactic purposes, are to be administered
to an animal unless it has been demonstrated by
scientific studies of animal welfare or established experi-
ence that the effect of the substance is not detrimental to
the health or welfare of the animal;

(4)

(5)

(6)

(1) Opinion delivered on 16 December 1999 (not yet published in the

(7)

Official Journal).

(2) Opinion delivered on 9 December 1999 (not yet published in the

Official Journal).

BST is not produced to be used in cattle for therapeutic
purposes, but only to enhance milk production;

(3) OJ L 116, 8.5.1990, p. 27. Decision as last amended by Decision

94/936/EC (OJ L 366, 31.12.1994, p. 19).

(4) OJ L 323, 17.11.1978, p. 12.
(5) OJ L 221, 8.8.1998, p. 23.

L 331/72

EN

Official Journal of the European Communities

23. 12. 1999

(8)

(9)

The Scientific Committee on Animal Health and Animal
Welfare (SCAWAH) adopted on 10 March 1999 its
report on Animal Welfare Aspects of the Use of bovine
somatotrophin and stated that BST increases the risk of
clinical mastitis as well as the duration of treatment of
mastitis, that it increases the incidence of foot and leg
disorders and that it can affect adversely reproduction as
well as induce severe reactions at the injection site;

It is important for the health and productivity of dairy
cattle that they are subjected to minimum stress which
may lead to increase in diseases such as mastitis, foot
lesions and reactions to injection site according to the
opinion of the SCAWAH, the use of BST has been
shown to lead to increases in these conditions, which are
both painful and debilitating, and which can lead to
poorer welfare and greater animal morbidity. The
SCAHAW considers therefore that BST is not to be used
in dairy cows,

HAS ADOPTED THIS DECISION:

Article 1

From the time this Decision takes effect, Member States shall
ensure that the placing on the market of bovine somatotrophin
on Community territory or within their jurisdiction for the
purpose of its marketing and administration thereof to dairy
cows by any means whatsoever shall be prohibited.

Article 2

Undertakings buying or producing bovine somatotrophin
substances and undertakings authorized in any capacity to
market such substances shall be required to keep registers

in chronological order, quantities produced or
detailing,
acquired and those sold or used for purposes other than
placing on the market provided for in Article 1 and the names
of the persons to whom such quantities were sold or from
whom they were purchased. The above information must be
made available to the competent authority at its request and, in
the case of computerized records, in the form of a printout.

Article 3

The prohibition provided for in Article 1 shall not affect the
production of bovine somatotrophin in the Member States, or
imports, for the purposes of its export to third countries.

Article 4

Decision 90/218/EEC shall be repealed.

Article 5

This Decision shall take effect as from 1 January 2000.

Article 6

This Decision is addressed to the Member States.

Done at Brussels, 17 December 1999.

For the Council

The President

K. HEMILÄ