2002/248/EC: Commission Decision of 27 March 2002 amending Council Decision 2000/766/EC and Commission Decision 2001/9/EC with regard to transmissible spongiform encephalopathies and the feeding of animal proteins (Text with EEA relevance) (notified under document number C(2002) 1277)
Date: 2002-03-27
Institutions: European Commission
Subjects: animal nutrition, animal product, animal protein, bovine spongiform encephalopathy

28.3.2002

EN

Official Journal of the European Communities

L 84/71

COMMISSION DECISION

of 27 March 2002

amending Council Decision 2000/766/EC and Commission Decision 2001/9/EC with regard to
transmissible spongiform encephalopathies and the feeding of animal proteins

(notified under document number C(2002) 1277)

(Text with EEA relevance)

(2002/248/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

(3)

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 zoo-technical checks applic-
able 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/EC, 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)

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 (5), 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 Commission Decision 2001/9/EC (6), as
amended by Decision 2001/165/EC (7).

Regulation (EC) No 999/2001 of the European Parlia-
ment and of the Council of 22 May 2001 laying down
rules for the prevention, control and eradication of
certain transmissible spongiform encephalopathies (8),
prohibits the feeding of mammalian proteins, processed
as well as unprocessed, to ruminants. The application of

(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 306, 7.12.2000, p. 32.
(6) OJ L 2, 5.1.2001, p. 32.
(7) OJ L 58, 28.2.2001, p. 43.
(8) OJ L 147, 31.5.2001, p. 1.

the relevant provision was postponed by Commission
Regulation (EC) No 270/2002 (9).

The ban on feeding processed animal protein to certain
farmed animals in Decision 2000/766/EC should be
extended to the feeding of any animal protein to rumi-
nants, as a matter of coherence and to avoid any risk of
BSE transmission. Certain animal proteins, which use is
neither considered to pose a risk of BSE nor to hamper
controls, should continue to be allowed.

(4)

(5)

(6)

(7)

Eggs and egg products are not considered to present a
risk of
spongiform encephalopathies,
therefore the feeding of eggs and egg products to farmed
animals should be allowed.

transmissible

As regards the feeding of animals other than ruminants,
the rules on the production of fishmeal should be clari-
fied in relation to establishments which produce both
fish and fishery products for human consumption, and
fishmeal for animal feeding.

Therefore, Decisions 2000/766/EC and 2001/9/EC
should be amended accordingly.

The measures provided for in this Decision are in
accordance with the opinion of the Standing Committee
on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

Article 2 of Decision 2000/766/EC is amended as follows:

1. Paragraph 1 is replaced by the following:

‘1. Member States shall prohibit the feeding of:

(a) proteins derived from animals to ruminants;

(b) processed animal proteins to farmed animals which are
kept, fattened or bred for the production of food.’

(9) OJ L 45, 15.2.2002, p. 4.

L 84/72

EN

Official Journal of the European Communities

28.3.2002

2. In paragraph 2, the last indent is replaced by the following:

Article 3

‘— milk and milk products, and eggs and egg products.’

This Decision shall apply from 1 April 2002.

Article 2

This Decision is addressed to the Member States.

Article 4

In Annex I to Decision 2001/9/EC, point 1 is replaced by the
following:

‘1. Fishmeal shall be produced in processing plants dedi-
cated only to the production of fish derived products,
which shall be approved for
this purpose by the
competent authority in accordance with Article 5(2) of
Council Directive 90/667/EEC.’

Done at Brussels, 27 March 2002.

For the Commission

David BYRNE

Member of the Commission