2001/165/EC: Commission Decision of 27 February 2001 amending as regards hydrolysed proteins Decision 2001/9/EC concerning control measures required for the implementation of Council Decision 2000/766/EC concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein (Text with EEA relevance) (notified under document number C(2001) 462)
Date: 2001-02-27
Institutions: European Commission
Subjects: agricultural waste, animal nutrition, animal protein, foodstuff, health control, infectious disease

28.2.2001

EN

Official Journal of the European Communities

L 58/43

COMMISSION DECISION

of 27 February 2001

amending as regards hydrolysed proteins Decision 2001/9/EC concerning control measures
required for the implementation of Council Decision 2000/766/EC concerning certain protection
measures with regard to transmissible spongiform encephalopathies and the feeding of animal
protein

(notified under document number C(2001) 462)

(Text with EEA relevance)

(2001/165/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

(4)

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 (4), 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 (5), and in particular Article 22 thereof,

(5)

(6)

Whereas:

Member
accordingly.

States,

and

to take

appropriate

action

cerain tissues

The SSC adopted on 12 January 2001 an opinion on
‘the questions submitted by EC services following a
request of 4 December 2000 by the EU Council of
Agricultural Ministers regarding the safety with regard to
BSE of
and certain animal-derived
products’. This opinion addresses the safety of hydro-
lysed proteins derived from animal material other than
hides and skin. In order to take account of that scientific
opinion within the framework of Decision 2000/
766/EC, it is necessary to lay down requirements for the
production of hydrolysed proteins.

Uncertainties on the interpretation of Article 2 of
Decision 2001/9/EC have led to difficulties in imple-
it is appropriate to
menting its provisions. Therefore,
clarify the provision of this Article and modify Article 1
accordingly.

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

(1)

(2)

(3)

spongiform encephalopathies

Council Decision 2000/766/EC of 4 December 2000
concerning certain protection measures with regard to
transmissible
and the
feeding of animal protein (6), prohibits the feeding of
processed animal proteins to certain farmed animals.
This prohibition does not apply to certain processed
animal proteins subject to conditions, which have been
established by Decision 2001/9/EC.

HAS ADOPTED THIS DECISION:

Article 1

Decision 2001/9/EC is amended as follows:

The recent developments of the BSE situation in the
Community have led some Member States to take addi-
tional unilateral safeguard measures.

1. In paragraphs 1, 2 and 3 of Article 1, the words ‘to animals’
are replaced by ‘to farmed animals referred to in Article 2(1)
of Decision 2000/766/EC’.

In the light of that situation, the Council has invited on
4 December 2000 the Commission to request
the
Scientific Steering Committee (SSC)
to evaluate the
unilateral, temporary safeguard measures taken by some

2. Article 2 is replaced by the following:

‘Article 2

(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 62, 15.3.1993, p. 49.
(5) OJ L 24, 30.1.1998, p. 9.
(6) OJ L 306, 7.12.2000, p. 32.

Member States shall ensure that feedingstuffs, including pet
food, destined to animals other
than farmed animals
referred to in Article 2(1) of Decision 2000/766/EC, which
contain processed animal proteins as defined by that
Decision are not manufactured in plants which prepare feed
for farmed animals.

L 58/44

EN

Official Journal of the European Communities

28.2.2001

However, where those feedingstuffs are produced with no
other processed animal proteins than fishmeal, dicalcium
phosphate and hydrolysed proteins, they may be manufac-
tured in plants which prepare feed for farmed animals other
than ruminants in accordance with Annex I point 6, Annex
II point 3 and Annex III point 2, as appropriate.’

3. Point 1 of Annex III is replaced by the following:

‘1. Hydrolysed proteins derived from fish, feather and hides

and skins shall:

— be produced in a processing plant dedicated only to
hydrolysed proteins production, which are approved
for this purpose by the competent authority in
accordance with Article 5(2) of Directive 90/
667/EEC;

— be sampled after processing and found to have a

molecular weight below 10 000 Dalton.

In addition, hydrolysed proteins from hides and skins
shall:

— be derived from hides and skins obtained from
animals which have been slaughtered in a slaughter-
house and whose carcasses have been found fit for
human consumption following ante
and post
mortem inspection;

— be produced by a production process which involves
appropriate measures to minimise contamination of
hides and skins, preparation of the raw material by
brining, liming and intensive washing followed by
exposure of the material to a pH of > 11 for more
than three hours at a temperature of more than
80 °C and followed by heat treatment at a tempera-
ture of more than 140 °C for 30 minutes at more
than 3,6 bar; or by an equivalent production process
approved in accordance with the procedure of
Article 17 of Directive 89/662/EEC.’

4. In the title of the health certificate laid down in Annex IV,

the words ‘from hides and skins’ are deleted.

This Decision shall apply from 1 March 2001.

Article 2

This Decision is addressed to the Member States.

Article 3

Done at Brussels, 27 February 2001.

For the Commission

David BYRNE

Member of the Commission