2001/233/EC: Commission Decision of 14 March 2001 amending Decision 2000/418/EC as regards mechanically recovered meat and bovine vertebral column (Text with EEA relevance) (notified under document number C(2001) 705)
Date: 2001-03-14
Institutions: European Commission
Subjects: animal disease, animal product, cattle, health risk, veterinary inspection

23.3.2001

EN

Official Journal of the European Communities

L 84/59

COMMISSION DECISION

of 14 March 2001

amending Decision 2000/418/EC as regards mechanically recovered meat and bovine vertebral
column

(notified under document number C(2001) 705)

(Text with EEA relevance)

(2001/233/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,

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 (4), and in particular Article 22 thereof,

Whereas:

(1)

(2)

as

spongiform encephalopathies

Commission Decision 2000/418/EC of 29 June 2000
regulating the use of material presenting risks as regards
and
transmissible
amending Decision 94/474/EC (5),
amended by
Decision 2001/2/EC (6), provides for the removal and
destruction of certain specified risk materials. This
the removal of vertebral
Decision already requires
column of bovine animals over 30 months in Member
States where BSE has been recorded at a high level. It
also imposes restrictions on the production of certain
materials and of certain slaughter techniques and on
certain imports. It was to be reviewed in the light of new
scientific evidence.

The exposure of humans to the risks stemming from
bovine spongiform encephalopathy (BSE) has been
largely associated with the
consumption of meat
mechanically recovered from the bones of the head and
vertebral column. For control reasons the prohibition on
the use of bones of the head and vertebral column from

(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 24, 30.1.1998, p. 9.
(5) OJ L 158, 30.6.2000, p. 76.
(6) OJ L 1, 4.1.2001, p. 21.

bovine, ovine and caprine animals of all ages for the
production of mechanically recovered meat should be
extended to all bones of those species.

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

In the light of that situation, the Council has invited the
Commission to request an evaluation by the Scientific
Steering Committee (SSC) of the unilateral, temporary
safeguard measures taken by some Member States, and
to take appropriate action.

The SSC has repeated its recommendation to remove, in
view of the geographic BSE risk and the effectiveness of
risk reduction measures, the vertebral column including
dorsal root ganglia of bovine animals over 12 months of
age from the human and animal food and feed chains.

In its opinion of 20 February 1998 on BSE risk, the SSC
stated that the vertebral column and dorsal root ganglia
represent respectively 2,0 % and 3,8 % of the total infec-
tive load in a BSE infected animal. It recognised in that
opinion that based on the quantitative data, the brain,
spinal cord, dorsal root ganglia and trigeminal ganglia
constitute the major hazards for direct human consump-
tion.

In its opinion of 14 April 2000 on the United Kingdom
decision to lift the ban on consumption of meat on the
bone, the SSC further considered the risk from bone
marrow very low, if not negligible. Therefore, the verte-
bral column and dorsal root ganglia constitute, under
current understanding, less than 4 % of the infective load
of an infected animal. The age structure of confirmed
BSE cases further reduces the risk in animals less than
30 months of age. Past experience showed that 99,95 %
of the over 180 000 BSE cases in Europe occurred in
animals over 30 months of age.

Therefore vertebral column of bovine animals over 30
months of age constitutes the biggest risk and should
continue to be removed and destroyed in Member States
where BSE has been confirmed at a high level, even from
animals which were born after an effectively enforced

(3)

(4)

(5)

(6)

(7)

(8)

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Official Journal of the European Communities

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feed ban. Vertebral column of bovine animals over 12
months of age should also be removed in Member States
where the occurrence of BSE in native bovine animals is
likely but not confirmed or confirmed at a lower or a
higher level, taking account of the effectiveness of the
risk reduction measures.

(9)

Preliminary results of the large-scale application of the
rapid test detected BSE cases in native bovine animals in
countries that previously did not record BSE. The young
age of some of the detected BSE cases indicates that the
BSE risk reduction measures have not been fully effective
in all Member States.

(10) At the same time a need has arisen to restore consumer
confidence particularly in Member States where the
robustness of the risk reduction measures has been put
in doubt by the outcome of the testing programme.

(11)

Vertebral column may be removed at the point of sale to
the consumer, allowing for placing on the domestic
market of carcasses or parts of carcasses of bovine
animals that still contain vertebral column. In order to
such
avoid any disruption of
carcasses containing vertebral column should also be
accepted for trade between Member States.

the internal market

(12) Member States for which a scientific evaluation indicates
that the occurrence of BSE in native animals is unlikely
or that can provide conclusive evidence supporting the
effectiveness of the risk reduction measures may apply
for a derogation from the obligation to remove vertebral
column. This derogation shall be made conditional upon
monitoring of the continued effectiveness of the risk
reduction measures by testing animals for BSE.

(13)

Commission Regulation (EC) No 716/96 of 19 April
1996 adopting exceptional support measures for the
beef market in the United Kingdom (1) and Commission
Regulation (EC) No 2777/2000 of 18 December 2000
adopting exceptional support measures for the beef
market (2) provide for schemes whereby healthy bovine
animals over 30 months of age can be purchased for
destruction instead of being slaughtered for human
consumption. It is necessary to clarify that the obligation
to examine certain groups of animals applies also where
such animals are purchased for destruction under those
Regulations.

(14)

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

HAS ADOPTED THIS DECISION:

Article 1

Decision 2000/418/EC is amended as follows:

(1) OJ L 99, 20.4.1996, p. 14.
(2) OJ L 321, 19.12.2000, p. 47.

1.

in Article 7(b), the following subparagraph is added:

‘However, carcasses containing no specified risk material
other than vertebral column, including dorsal root ganglia,
may be dispatched to another Member State without the
latter's prior agreement.’;

2.

in Article 4, the words ‘of the head and vertebral columns’
are deleted;

3. Annex I is amended as follows:

(a) Point 1 is replaced by the following:

‘1.

(a) The following tissues shall be designated as spec-
in all Member States and

ified risk material
regions thereof:

(i) the skull including the brains and eyes, the
tonsils, the vertebral column excluding the
including dorsal
vertebrae of
root ganglia and spinal cord of bovine
animals aged over 12 months, and the intes-
tines from the duodenum to the rectum of
bovine animals of all ages;

the tail, but

(ii) the skull including the brains and eyes, the
tonsils and the spinal cord of ovine and
caprine animals aged over 12 months or that
have a permanent incisor erupted through
the gum, and the spleen of ovine and caprine
animals of all ages.

(b) In addition to the specified risk material listed in
point (a), the following tissues shall be desig-
nated as specified risk material
in the United
Kingdom and in Portugal with the exception of
the Autonomous Region of the Azores:

— the

the

entire head excluding

tongue,
including the brains, eyes, trigeminal ganglia
and tonsils;
the spleen and
spinal cord of bovine animals aged over six
months.’;

the thymus;

(b) in the third sentence of point 2, the words ‘on their

territory’ are deleted;

(c) the following point 6 is added:

‘6. By way of derogation from point 1(a)(i), a decision
may be taken in accordance with the procedure
referred to in Article 17 of Directive 89/662/EEC to
allow the use of vertebral column and dorsal root
ganglia from bovine animals:

(a) born, continuously reared and slaughtered in
Member States for which a scientific evaluation
established that the occurrence of BSE in native
bovine animals is highly unlikely, or unlikely but
not excluded; or,

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Official Journal of the European Communities

L 84/61

(b) born after the date of effective enforcement of
the prohibition on the feeding of mammalian
protein to ruminants in Member States with
reported BSE in native animals or for which a
scientific evaluation established that the occur-
rence of BSE in native bovine animals is likely.

The United Kingdom, Portugal, Finland, Sweden and
Austria may benefit from this derogation on the
basis of previously submitted and evaluated evidence.
Other Member States may apply for this derogation
by submitting conclusive supporting evidence to the
Commission regarding point (a) or (b), as appro-
priate.

Member States benefiting from this derogation shall,
in addition to the requirements laid down in Deci-
sions 98/272/EC and 2000/764/EC, ensure that one
of the approved rapid tests listed in Annex IV(A) to
Decision 98/272/EC is applied to all bovine animals
over 30 months of age which:

(a) have died on the farm or in transport, but which
have not been slaughtered for human consump-
tion, with the exception of those dead animals in
remote areas with a low animal density situated
in Member States where the occurrence of BSE is
unlikely;

(b) were subject
consumption;

to normal slaughter for human

(c) were born during the first year after the date of
the effective enforcement of the prohibition on
the feeding of mammalian protein to ruminants
and were purchased for destruction in accord-
ance with Commission regulations adopting
the beef
exceptional
market.

support measures

for

This derogation shall not be granted to allow the
use of vertebral column and dorsal root ganglia
from bovine animals aged over 30 months from the
United Kingdom or from Portugal with the excep-
tion of the Autonomous Region of the Azores.

Experts from the Commission may carry out on-the-
submitted
spot
evidence.’

to further

checks

verify

the

This Decision shall apply from 31 March 2001.

Article 2

This Decision is addressed to the Member States.

Article 3

Done at Brussels, 14 March 2001.

For the Commission

David BYRNE

Member of the Commission