2001/270/EC: Commission Decision of 29 March 2001 amending Decision 2000/418/EC as regards imports from third countries (Text with EEA relevance) (notified under document number C(2001) 830)
Date: 2001-03-29
Institutions: European Commission
Subjects: animal disease, animal product, health certificate, import, originating product, third country

4.4.2001

EN

Official Journal of the European Communities

L 94/29

COMMISSION DECISION

of 29 March 2001

amending Decision 2000/418/EC as regards imports from third countries

(notified under document number C(2001) 830)

(Text with EEA relevance)

(2001/270/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

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 (1), and in particular Article 22 thereof,

Whereas:

(1)

(2)

(3)

spongiform encephalopathies

Commission Decision 2000/418/EC of 29 June 2000
regulating the use of material presenting risks as regards
transmissible
and
amending Decision 94/474/EC (2), as last amended by
Decision 2001/233/EC (3), provides for the removal and
destruction of certain specified risk materials.
It also
imposes restrictions on the production of certain mate-
rials and of certain slaughter techniques and on certain
imports. It is 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. However,
for control reasons the
prohibition on the use of bones of the head and verte-
bral column from bovine, ovine and caprine animals of
all ages for the production of mechanically recovered
meat should be extended to all bones of those species.
This should also apply to imported products.

the

In its opinions of 6 July 2000, 12 January 2001 and 8
and 9 February 2001 on the Geographic BSE Risk of the
Steering
concerned third countries,
Committee (SSC) concluded that the occurrence of BSE
in native cattle is only highly unlikely in the following
countries: Australia, Argentina,
Botswana, Chile,
Namibia, New-Zealand, Nicaragua, Paraguay, Uruguay,
and Swaziland. For all other countries for which the
evaluation by the SSC has been finalised it concluded

Scientific

(1) OJ L 24, 30.1.1998, p. 9.
(2) OJ L 158, 30.6.2000, p. 76.
(3) OJ L 84, 23.3.2001, p. 59.

(4)

(5)

that the occurrence of BSE in native cattle is at best
unlikely but not excluded. Preliminary results of similar
studies carried out under the responsibility of the SSC
further indicate that it may, for a very limited number of
additional countries, conclude that the occurrence of
BSE in native cattle is highly unlikely. All other third
countries either sent no dossier or an incomplete dossier
precluding a timely and conclusive evaluation.

Therefore it was demonstrated by the SSC risk assess-
ment that the risk of BSE being present in native cattle is
highly unlikely only in Australia, Argentina, Botswana,
Chile, Namibia, New-Zealand, Nicaragua, Paraguay,
Uruguay, and Swaziland. For all other countries that
assessment either demonstrated a certain risk of BSE
being present in native cattle, or could not be carried out
in absence of complete data. Therefore only Australia,
Argentina, Botswana, Chile, Namibia, New-Zealand,
Nicaragua, Paraguay, Uruguay, and Swaziland should be
exempt from the provisions of Decision 2000/418/EC.

The Commission will review the provisions for the
import of products of animal origin as soon as possible
in the light of additional scientific assessments, as well as
the development of the recommendations of the World
Organisation for Animal Health (OIE). As before the
Commission will use the information submitted in
accordance with Recommendation 98/477/EC (4) of 22
July 1998 concerning information necessary to support
applications for the evaluation of the epidemiological
status of countries with respect to transmissible spongi-
form encephalopathies. It therefore repeats its invitation
to submit a dossier in accordance with that Recommen-
dation for those countries that have not yet done so and
will make every effort to obtain a scientific assessment
within the
the dossier
submission.

shortest possible

time of

(6)

Considering that a new certification regime is estab-
lished, a transitional arrangement should be provided for
products dispatched before the entry into force of this
Decision.

(4) OJ L 212, 30.7.1998, p. 58.

L 94/30

EN

Official Journal of the European Communities

4.4.2001

(7)

(8)

(9)

The vertebral column must be removed at the latest at
the point of sale to the consumer, and thus carcasses or
parts of carcasses of bovine animals that still contain
vertebral column may be placed on the domestic market
and traded between Member States. In order to respect
the Community's obligations under international agree-
ments,
it is necessary also to authorise imports from
third countries of such carcasses containing vertebral
column.

Decision 2000/418/EC should therefore be amended
accordingly.

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. Article 6 is replaced by the following:

‘Article 6

Import into the Community

1.
The specified risk materials referred to in Annex I,
point 1(a) shall not be imported into the Community after
31 March 2001.

2. (a) Where the products of animal origin listed in Annex
II, containing material derived from bovine, ovine or
caprine animals, are imported into the Community
after 31 March 2001 from third countries or regions
thereof,
the appropriate health certificate shall be
supplemented by a declaration signed by the
competent authority of the country of production,
worded as follows:

“The product of animal origin does not contain, and
is not derived from, specified risk material as defined
in Annex I, point 1(a) of Decision 2000/418/EC,
produced after 31 March 2001, or mechanically
recovered meat obtained from the bones of bovine,
ovine or caprine animals, produced after 31 March
2001. The animals have not been slaughtered, after
31 March 2001, after stunning by means of a gas
injected into the cranial cavity or killed instantane-
ously by the same method, or slaughtered after
laceration, after stunning, of central nervous tissue by
means of an elongated rod-shaped instrument intro-
duced into the cranial cavity.”

(b) Any reference to “products of animal origin” in this
Article is a reference to the products of animal origin
listed in Annex II, not to other products of animal
origin containing or derived from those products of
animal origin.

The provisions of paragraphs 1 and 2 shall not apply

3.
to:

(a) the third countries listed in Annex III;

(b) without prejudice to the national measures in place
before 31 March 2001, consignments which have left
third countries prior to the entry into force of this
Decision, and which are presented at the Community
inspection post for importation before 15 April 2001.’

2. In Article 7(b) the last subparagraph is replaced by the

following:

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

3. The following Annex III is added:

‘ANNEX III

Third countries referred to in Article 6(3)

Australia
Argentina
Botswana
Chile
Namibia
New-Zealand
Nicaragua
Paraguay
Uruguay
Swaziland’

Article 2

This Decision is addressed to the Member States.

It shall apply from 31 March 2001.

Done at Brussels, 29 March 2001.

For the Commission

David BYRNE

Member of the Commission