2000/766/EC: Council Decision of 4 December 2000 concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein
Date: 2000-12-04
Institutions: Council of the European Union
Subjects: agricultural waste, animal nutrition, animal protein, foodstuff, infectious disease, waste disposal

L 306/32

EN

Official Journal of the European Communities

7.12.2000

COUNCIL DECISION

of 4 December 2000

concerning certain protection measures with regard to transmissible spongiform encephalopathies
and the feeding of animal protein

(2000/766/EC)

THE COUNCIL OF THE EUROPEAN UNION,

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), and in
particular Article 10(4) thereof,

Having regard to Council Directive 97/78/EC of 18 December
1997 laying down the principles governing the organisation of
veterinary checks on products entering the Community from
third countries (2), and in particular Article 22 thereof,

Having regard to the proposal of the Commission,

Whereas:

(1)

(2)

(3)

Community rules for control of certain processed animal
protein into ruminant feed entered into force in July
1994.

Cases of bovine spongiform encephalopathy (BSE) have
been recorded in animals born in 1995 and later years
in certain Member States.

Based on scientific opinion, the Commission adopted a
series of measures for the animal feed, including high
processing standards regarded as being the most effec-
tive for the inactivation of the agents of scrapie and BSE
for the production of mammalian processed animal
proteins, the exclusion of specified risk material from
the feed chain and active surveillance measures to
prevent cases of BSE from entering into the feed chain.
The Scientific Steering Committee adopted an opinion
on 27 and 28 November 2000. It recommended that,
where the risk of cross-contamination of cattle feed with
feed intended for other animals and which contains
animal proteins possibly contaminated by the BSE agent
cannot be excluded, a temporary ban of animal proteins
in animal feed should be considered.

(4)

Certain Member States have reported deficiencies in the
implementation of Community legislation on animal
feed and have, as a consequence, adopted safeguard
measures.

(5)

(6)

(7)

Community inspections have identified systematic fail-
ures in the implementation of Community rules in
several Member States.

In the light of the above, as a precautionary measure, it
is appropriate to prohibit on a temporary basis the use
of animal protein in animal feed, pending a total re-
evaluation of the implementation of Community legisla-
tion in Member States. As this prohibition could have
environmental implications if not controlled properly, it
is necessary to ensure that animal waste is collected,
transported, processed, stored and disposed of in a safe
manner.

A large scale Community testing programme will start
on 1 January 2001. This programme will provide
concrete data on the prevalence of BSE in Member
States. This data will provide factual information of the
effectiveness of past Community legislation on animal
feed and will identify Member States where BSE recy-
cling via processed animal protein remains a possibility.
This information should be used in the review of the
measure laid down by this Decision.

(8)

The Standing Veterinary Committee has not given a
favourable opinion,

HAS ADOPTED THIS DECISION:

Article 1

For the purpose of
this Decision the definition ‘Processed
animal proteins’ means meat-and-bone meal, meat meal, bone
meal, blood meal, dried plasma and other blood products,
hydrolysed proteins, hoof meal, horn meal, poultry offal meal,
feather meal, dry greaves,
fishmeal, dicalcium phosphate,
gelatine and any other similar products including mixtures,
feedingstuffs, feed additives and premixtures, containing these
products.

Article 2

(1) OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive

92/118/EEC (OJ L 62, 15.3.1993, p. 49).

(2) OJ L 24, 30.1.1998, p. 9.

1. Member States shall prohibit the feeding of processed
animal proteins to farmed animals which are kept, fattened or
bred for the production of food.

7.12.2000

EN

Official Journal of the European Communities

L 306/33

The prohibition referred to in paragraph 1 shall not apply

2.
to the feeding of:

— fishmeal to animals other than ruminants, in accordance
with control measures to be fixed in accordance with the
procedure laid down in Article 17 of 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),

— gelatine of non-ruminants for coating additives within the
meaning of Council Directive 70/524/EEC of 23 November
1970 concerning additives in feedingstuffs (2),

— dicalcium phosphate and hydrolysed proteins obtained in
accordance with the conditions to be fixed in accordance
with the procedure laid down in Article 17 of Directive
89/662/EEC,

— milk and milk products to farmed animals which are kept,

fattened or bred for the production of food.

Article 3

2. Member States shall ensure that animal waste as defined
by Directive 90/667/EEC (3) is collected, transported, processed,
stored or disposed of
in accordance with that Directive,
Commission Decision 97/735/EC (4) and Council Decision
1999/534/EC (5).

Article 4

This Decision shall enter into force on 1 January 2001.

It shall apply until 30 June 2001.

It may be adapted by the Commission before 30 June 2001 to
the situation of each Member State in the light of the results of
Commission inspections and the incidence of BSE, based on
the results of BSE monitoring, with particular reference to
testing of bovine animals over 30 months of age, as established
by Commission Decision 2000/764/EC (6).

1. With the exception of
Article 2(2) the Member States shall:

the derogations laid down in

Article 5

This Decision is addressed to the Member States.

(a) prohibit

the placing on the market,

the
importation from third countries and the exportation to
third countries of processed animal proteins intended for
the feeding of farmed animals which are kept, fattened or
bred for the production of food,

the trade,

Done at Brussels, 4 December 2000.

(b) ensure that all processed animal proteins intended for the
feeding of farmed animals which are kept, fattened or bred
for the production of food are withdrawn from the market,
distribution channels and from on-farm storage.

For the Council

The President

J. GLAVANY

(3) Council Directive 90/667/EEC of 27 November 1990 laying down
the veterinary rules for the disposal and processing of animal waste,
for its placing on the market and for the prevention of pathogens
in feedstuffs of animal or fish origin and amending Directive 90/
425/EEC (OJ L 363, 27.12.1990, p. 51). Directive as last amended
by the 1994 Act of Accession.

(4) Commission Decision 97/735/EC of 21 October 1997 concerning
certain protection measures with regard to trade in certain types of
mammalian animal waste (OJ L 294, 28.10.1997, p. 7). Decision as
amended by Council Decision 1999/534/EC.

(5) Council Decision 1999/534/EC of 19 July 1999 on measures
applying to the processing of certain animal waste to protect
against
transmissible spongiform encephalopathies and amending
Commission Decision 97/735/EC (OJ L 204, 4.8.1999, p. 37).

(6) OJ L 305, 6.12.2000, p. 35.

(1) OJ L 395, 30.12.1989, p. 13. Directive as last amended by Direc-

tive 92/118/EEC (OJ L 62, 15.3.1993, p. 4).

(2) OJ L 270, 14.12.1970, p. 1. Directive as last amended by Directive

1999/70/EC (OJ L 80, 25.3.1999, p. 20).