2000/764/EC: Commission Decision of 29 November 2000 on the testing of bovine animals for the presence of bovine spongiform encephalopathy and amending Decision 98/272/EC on epidemio-surveillance for transmissible spongiform encephalopathies (notified under document number C(2000) 3684) (Text with EEA relevance)
Date: 2000-11-29
Institutions: European Commission
Subjects: animal disease, cattle, health control, slaughter of animals, veterinary inspection

6.12.2000

EN

Official Journal of the European Communities

L 305/35

COMMISSION DECISION

of 29 November 2000

on the testing of bovine animals for the presence of bovine spongiform encephalopathy and
spongiform
amending Decision

98/272/EC on

transmissible

for

epidemio-surveillance
encephalopathies

(notified under document number C(2000) 3684)

(Text with EEA relevance)

(2000/764/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,

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

(4)

(5)

(6)

Whereas:

of age without clinical symptoms slaughtered for human
consumption. The number of animals to be tested in the
second phase could be modified based on statistically
solid results of testing animals at risk.

The tests are not capable of detecting BSE infected
animals early in the incubation period, therefore a nega-
tive test result should not replace other risk reduction
measures, such as removal of specified risk material.

notification

Council Directive 82/894/EEC of 21 December 1982 on
the
the
animal
diseases within
Community (6),
amended by Commission
Decision 2000/556/EC (7), lays down the rules for noti-
fication of BSE in the Community.

last

of

as

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

(1)

(2)

(3)

A report of the evaluation of tests for the diagnosis of
transmissible spongiform encephalopathy in bovines
was published by the Commission on 8 July 1999 and
three tests were found to give excellent specificity in
detecting TSE in animals in the clinical stage of the
disease.

HAS ADOPTED THIS DECISION:

Article 1

for

transmissible

Commission Decision 98/272/EC of 23 April 1998 on
epidemio-surveillance
spongiform
encephalopathies (4), as amended by Decision 2000/374/
EC (5),
lays down the rules for applying the tests in
certain risk groups of animals with a view to improving
the detection of bovine spongiform encephalopathy
(BSE) in the Community.

the recent developments of

the BSE
In the light of
situation in the Community, the Council has invited the
Commission to come forward with a decision extending
the testing to all bovine animals over 30 months of age
at risk in the first phase. In the second Phase, the testing
should be extended to bovine animals over 30 months

(1) OJ L 395, 30.12.1989, p. 13.
(2) OJ L 62, 15.3.1993, p. 49.
(3) OJ L 224, 18.8.1990, p. 29.
(4) OJ L 122, 24.4.1998, p. 59.
(5) OJ L 135, 8.6.2000, p. 27.

1. Member States shall ensure that all bovine animals over
30 months of age:

— subject to ‘special emergency slaughtering’ as defined in
Article 2(n) of Council Directive 64/433/EEC (8), or

— slaughtered in accordance with Annex I, Chapter VI, point

28(c) of Directive 64/433/EEC

are examined by one of the approved rapid tests listed in
Annex IV(A) to Decision 98/272/EC as of 1 January 2001.

2. Member States shall ensure that bovine animals over 30
months of age, which have died on the farm or in transport,
but which have not been slaughtered for human consumption,
are examined in accordance with Annex I(A) to Decision 98/
272/EC as of 1 January 2001.

(6) OJ L 378, 31.12.1982, p. 58.
(7) OJ L 235, 19.9.2000, p. 27.
(8) OJ 121, 29.7.1964, p. 2012/64.

L 305/36

EN

Official Journal of the European Communities

6.12.2000

3. Member States shall ensure that all bovine animals over
30 months of age subject to normal slaughter for human
consumption are examined by one of the approved rapid tests
listed in Annex IV(A) to Decision 98/272/EC as of 1 July 2001,
at the latest.

4. Member States shall submit a report on the number of
animals examined in accordance with paragraphs 1 and 2 and
the results thereof to the Commission by 1 May 2001. In the
light of the information submitted by the Member States, the
Commission shall, by 1 June 2001, submit a proposal to the
Standing Veterinary Committee with a view, if appropriate, to
modify the number of animals to be examined in accordance
with paragraph 3.

The national reference laboratory in each Member State, as set
out in Annex V to Decision 98/272/EC, shall ensure coordina-
tion of diagnostic methods and protocols between the labora-
tories approved for carryng out the examination as referred to
in Article 1 and regularly verify the use of those diagnostic
methods and protocols.

Article 4

Decision 98/272/EC is amended as follows:

1. Annex I(A)
Decision.

is replaced by the text

in Annex I

to this

2. Annex II is replaced by Annex II to this Decision.

Article 2

Article 5

All parts of the body, including the hide, of animals examined
in accordance with Article 1 shall be retained under official
supervision until a negative test result has been obtained or
until it has been destroyed by incineration or, under excep-
tional circumstances, burned or buried in strict compliance
with the conditions laid down in Article 3(2) of Council
Directive 90/667/EEC (1).

This Decision shall apply from 1 January 2001.

The provisions of Article 1 shall be reviewed every six months
in the light of the evolution of the BSE epidemic.

This Decision is addressed to the Member States.

Article 6

Article 3

Done at Brussels, 29 November 2000.

Sampling and laboratory testing shall be carried out using the
methods and protocols laid down in Annex IV to Decision
98/272/EC, in particular points 1, 2.2 and 3. Positive BSE cases
shall be notified in accordance with Directive 82/894/EEC.

For the Commission

David BYRNE

Member of the Commission

(1) OJ L 363, 27.12.1990, p. 51.

6.12.2000

EN

Official Journal of the European Communities

L 305/37

ANNEX I

A. MINIMUM REQUIREMENTS FOR A PROGRAMME FOR MONITORING BSE IN BOVINE ANIMALS

1. Selection of sub-populations

Dead bovine animals over 30 months of age not slaughtered for human consumption (excluding animals referred to in
Commission Regulation (EC) No 716/96).

2. Sample size

The number of samples tested annually in each Member State from the subpopulation referred to in point 1 shall not
be less than the sample sizes indicated in the table. The selection of samples shall be random. The sampling shall be
representative for each region and continuous.

Total population over 30
months (*)

Sample size (**)

Total population over 30
months (*)

Sample size (**)

100 000

200 000

300 000

400 000

500 000

600 000

700 000

800 000

900 000

1 000 000

1 500 000

2 000 000

2 500 000

3 000 000

3 500 000

4 000 000

950

1 550

1 890

2 110

2 250

2 360

2 440

2 500

2 550

2 590

3 000

3 500

4 000

4 500

5 000

5 500

4 500 000

5 000 000

5 500 000

6 000 000

6 500 000

7 000 000

7 500 000

8 000 000

8 500 000

9 000 000

9 500 000

10 000 000

10 500 000

11 000 000

11 500 000

12 000 000

6 000

6 500

7 000

7 500

8 000

8 500

9 000

9 500

10 000

10 500

11 000

11 500

12 000

12 500

13 000

13 500

(*) Where the size of the total population over 30 months of age is not known, the population over 24 months of age shall be used

instead.

(**) The sample size has been calculated to detect a prevalence of 0,1 % with a 95 % confidence in the sub-population referred to in
point 1, based on the assumption that the proportion of this sub-population in the total population of bovine animals over 30
months of age is 1 %. Where the size of the total population of bovine animals over 30 months of age is 1 500 000 animals or
more, the sample size has been increased by 500 samples per 500 000 animals as a proportionality adjustment, to take account of
the larger likelihood of variation in risk for BSE within the population.

L 305/38

EN

Official Journal of the European Communities

6.12.2000

ANNEX II

A. INFORMATION TO BE PRESENTED IN THE REPORT BY MEMBER STATES

1. The number of suspected cases per animal species placed under movement restrictions in accordance with Article 3(1).

2. The number of suspected cases per animal species subject to laboratory examination in accordance with Article 3(2)

and the outcome of the examination.

3. The estimated size of the sub-population referred to in Annex I(A)(1).

4. The number of bovine animals tested within each sub-population as referred to in Annex I(A)(1), Annex I(C) and

Article 1 to Decision 200/764/EC, method for sample selection and the outcome of the tests.

5. The number of ovine and caprine animals examined within each sub-population as referred to in Annex I(B)(1) and

Annex I(C) and the outcome of the examination.

6. Number, age distribution and geographical distribution of positive cases of BSE and scrapie. The year and, where

possible, month of birth should be given for BSE cases born after the introduction of a feed ban.

7. Positive TSE cases confirmed in animals other than bovine, ovine, and caprine animals.

B. INFORMATION TO BE PRESENTED IN THE SUMMARY BY THE COMMISSION

The summary shall be presented in a tabled format covering at least the information referred to in part A for each
Member State.