2001/25/EC: Commission Decision of 27 December 2000 prohibiting the use of certain animal by-products in animal feed (Text with EEA relevance) (notified under document number C(2000) 4143)
Date: 2000-12-27
Institutions: European Commission
Subjects: agricultural waste, animal disease, animal nutrition, animal product, animal protein, veterinary inspection

L 6/16

EN

Official Journal of the European Communities

11.1.2001

COMMISSION DECISION

of 27 December 2000

prohibiting the use of certain animal by-products in animal feed

(notified under document number C(2000) 4143)

(Text with EEA relevance)

(2001/25/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

feeding of mammalian derived protein (6), as
amended by Decision 1999/129/EC (7).

last

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:

(1)

(2)

(3)

Council Directive 90/667/EC 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
fish origin and amending Directive 90/
animal or
425/EEC (3), established the principle that all animal
waste, regardless of its source, may be used for the
production of feed material following appropriate treat-
ment.

According to Commission Decision 98/272/EC of 23
April 1998 on epidemio-surveillance for transmissible
spongiform encephalopathies (and amending Decision
94/474/EC (4), as amended by Decision 2000/374/EC (5),
animals which are slaughtered or have died with TSE
shall be destroyed.

feed

containing processed

After
ruminant waste
contaminated by the infective agent was identified as the
primary source of bovine spongiform encephalopathy
(BSE), a Community wide ban on feeding protein derived
from mammalian tissues to ruminants was established in
July 1994 by Commission Decision 94/381/EC of 27
June 1994 concerning certain protection measures with
regard to bovine spongiform encephalopathy and the

(4)

(5)

(6)

(7)

Council Decision 1999/534/EC of 19 July 1999 on
measures applying to the processing of certain animal
waste to protect against TSE and amending Commission
Decision 97/735/EC (8) establishes that, from 1 April
1997, all mammalian animal waste must be processed in
accordance with the minimum parameters of 133 °C, 20
minutes, 3 bar, which are regarded as being the most
effective for the inactivation of the agents of scrapie and
BSE.

Commission Decision 2000/418/EC regulating the use
of material presenting risks as regards transmissible
spongiform encephalopathies and amending Decision
94/474/EC (9) establishes that, from 1 October 2000,
specified risk material must be removed from all parts of
the food and feed chain. In the case of cattle, sheep and
goats that have died, either the specified risk materials
must be removed or
the whole carcase must be
destroyed.

The Scientific Steering Committee has adopted a number
of opinions related to the safety of animal by-products,
including animal feed. The main conclusion of those
scientific opinions is that animal by-products derived
from animals not fit for human consumption following
health inspection should not enter the feed chain.

Based on those scientific opinions, on 19 October 2000,
the Commission adopted a proposal for a Regulation of
the European Parliament and of the Council laying down
the health rules concerning animal by-products not
intended for human consumption (10). The key issue of
is the prohibiton of recycling certain
this proposal
animal by-products into the feed chain, namely dead
animals and condemned animal material. The only raw
material allowed to be used for the production of animal
feed would then be material derived from animals
declared fit for human consumption.

(1) OJ L 224, 18.8.1990, p. 29.
(2) OJ L 62, 15.3.1993, p. 49.
(3) OJ L 363, 27.12.1990, p. 51.
(4) OJ L 122, 24.4.1998, p. 59.
(5) OJ L 135, 8.6.2000, p. 27.

(6) OJ L 172, 7.7.1994, p. 23.
(7) OJ L 41, 16.2.1999, p. 14.
(8) OJ L 204, 4.8.1999, p. 37.
(9) OJ L 158, 30.6.2000, p. 76.
(10) COM (2000)574 final.

11.1.2001

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Official Journal of the European Communities

L 6/17

(8)

(9)

(10)

(11)

the European Parliament
On 16 November 2000,
adopted a Resolution on BSE and safety of animal
feedingstuffs, calling for an immediate ban of feeding
animal meal to all farmed animals, unless the imple-
mentation of the above existing Community legislation
is guaranteed by Member States and as long as the
exclusion of animals who have died from the animal
feed chain as proposed by the Commission has not
come into force.

Recent Community inspections have identified weak-
nesses in relation to the implementation of existing
Community legislation on the control of TSE. It is there-
fore appropriate to immediately prohibit the recycling
into the feed chain of certain animal by-products. In the
case of large animal disease outbreaks, special arrange-
ments may be adopted.

In the light of recent developments in the BSE situation
in the Community, on 21 November 2000, the Council
invited the Commission to exclude dead animals from
feed for farm animals.

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

HAS ADOPTED THIS DECISION:

Article 1

For the purpose of this Decision, the following definitions shall
apply:

farmed animals: any animal which is kept, fattened or bred for
the production of food;

pet animals: animals belonging to species normally nourished
and kept, but not consumed, by man for purposes other than
farming;

experimental animals: animals defined by Article 2 of Council
Directive 86/609/EEC (1);

feed of animal origin for farmed animals,

feed:
including
processed animal proteins as defined by Article 2(e) of Council
Directive 92/118/EEC (2) as last amended by Commission

Decision 1999/724/EC (3), rendered fats, fish oil, gelatine and
hydrolysed proteins and dicalcium phosphate.

Article 2

Member States shall ensure that the following animal waste is
not used for the production of feed for farmed animals:

(a) all bovine animals, pigs, goats, sheep, solipeds, poultry,
farmed fish and all other animals kept
for agricultural
production which have died on the farm but were not
slaughtered for human consumption,
including stillborn
and unborn animals;

(b) the following dead animals:

(i) pet animals,
(ii) zoo animals,
(iii) circus animals,
(iv) experimental animals,
(v) wild animals designated by the competent authority;

(c) animals which are killed on the farm for disease control

measures;

(d) without prejudice to instances of energency slaughtering
for reasons of welfare, farm animals which have died in
transit.

Article 3

This Decision shall apply at the latest by 1 March 2001.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 27 December 2000.

For the Commission

David BYRNE

Member of the Commission

(1) OJ L 358, 18.12.1986, p. 1.
(2) OJ L 62, 15.3.1993, p. 49.

(3) OJ L 290, 12.11.1999, p. 32.