2002/670/EC: Commission Decision of 20 August 2002 amending Council Decision 98/256/EC concerning emergency measures to protect against bovine spongiform encephalopathy (Text with EEA relevance) (notified under document number C(2002) 3097)
Date: 2002-08-20
Institutions: European Commission
Subjects: United Kingdom, bovine spongiform encephalopathy, export restriction, health risk, veterinary inspection

L 228/22

EN

Official Journal of the European Communities

24.8.2002

COMMISSION DECISION

of 20 August 2002

amending Council Decision 98/256/EC concerning emergency measures to protect against bovine
spongiform encephalopathy

(notified under document number C(2002) 3097)

(Text with EEA relevance)

(2002/670/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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,

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 (3), as last amended by Directive 92/118/EEC, and in
particular Article 9(4) thereof,

Whereas:

Council Decision 98/256/EC (4) of 16 March 1998
concerning emergency measures
to protect against
bovine spongiform encephalopathy, as last amended by
Commission Decision 98/692/EC,
is preserved as a
transitional measure by Annex XI to Regulation (EC) No
999/2001 of
the
Council of 22 May 2001 laying down rules for the
prevention, control and eradication of certain transmis-
sion spongiform encephalopathies (5), as last amended
by Regulation (EC) No 270/2002 (6).

the European Parliament and of

the

Scientific

In its opinion of 16 May 2002 on the safety of bovine
embryos
(SSC)
considers that with regard to the BSE-safety of bovine
embryos, there is from a scientific point of view no need
for further measures other than those prescribed by the
International Embryo Transfer Society Protocols.

Steering Committee

(1)

(2)

(3)

In its opinion of 14 and 15 September 2000 on the
export from the United Kingdom of bone-in veal, the
SSC considers that there is no evidence that bone-in veal

(7)

(1) OJ L 224, 18.8.1990, p. 29.
(2) OJ L 62, 15.3.1993, p. 49.
(3) OJ L 395, 30.12.1989, p. 13.
(4) OJ L 113, 15.4.1998, p. 32.
(5) OJ L 328, 4.12.1998, p. 28.
(6) OJ L 147, 31.5.2001, p. 1.

(4)

(5)

(6)

carcasses from calves of between six and nine months
exported under the date-based export scheme (DBES)
criteria, as provided for by Decision 98/256/EC, present
a risk.

Following its general session in May 2002, the Inter-
national Animal Health Code Commission of the World
Animal Health Organisation (OIE) is amending the BSE
chapter of the Animal Health Code in order to require
that fresh meat of bovine origin exported from high risk
countries be deboned when derived from animals over
nine months and to add bovine embryos to the list of
products which can be traded without restriction.

In March 2002 the United Kingdom submitted a request
that
the DBES be amended to enable participating
companies to slaughter and process DBES ineligible
bovine animals as well as DBES eligible bovine animals
provided that adequate separation arrangements were in
place.

In an inspection mission carried out in Great Britain
from 27 to 31 May 2002, inspectors from the Food and
Veterinary Office were presented with an amended
protocol for required methods and operating procedures
for the DBES. Their conclusion was that the proposed
if properly adhered to, would provide for
protocol,
appropriate official control of DBES eligible animals and
goods to be carried out. Certain recommendations were
made regarding improving eligibility checks on bovine
animals entering the scheme. In its reply to the mission
report, the United Kingdom undertook to incorporate
the recommendations into the DBES protocol.

Commission Decision 1999/514/EC (7) sets the date on
which dispatch from the United Kingdom of bovine
products under
the date-based export scheme may
commence by virtue of Article 6(5) of Decision 98/
256/EC;
is appropriate to
introduce this provision in the later Decision and to
repeal decision 1999/514/EC accordingly.

for the sake of clarity,

it

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

24.8.2002

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Official Journal of the European Communities

L 228/23

(8)

(9)

Decision 98/256/EC should therefore be amended
accordingly.

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

HAS ADOPTED THIS DECISION:

Article 1

Decision 98/256/EC is amended as follows:

1. Article 1 is replaced by the following:

‘Article 1

Pending an overall examination of
the situation, and
notwithstanding Community provisions adopted to protect
against BSE,
the
following are not dispatched from its territory to other
Member States or to third countries:

the United Kingdom shall ensure that

(a) live bovine animals;

(b) meat meal, bone meal, and meat-and-bone meal of

mammalian origin;

(c) animal feed and fertilisers containing material referred

to in (b).’

2. Article 6 is replaced by the following:

‘Article 6

By way of derogation from Article 3,

1.
the United
Kingdom may authorise the dispatch to other Member
States or third countries of the following products derived
from bovine animals born and reared in the United
Kingdom which have been slaughtered in the United
Kingdom in accordance with the conditions laid down in
Article 7, Articles 9 to 12 and Annex II, or as appropriate,
Annex III:

(a) “fresh meat” as defined by Council Directive 64/

433/EEC (1);

(b) “minced meat” and “meat preparations” as defined by

Council Directive 94/65/EC (*);

(c) “meat products” as defined by Council Directive 77/

99/EEC (**);

(d) food which is destined for domestic carnivores.

The fresh meat

referred to in paragraph 1(a),

2.
if
obtained from animals more than nine months old, shall be
deboned and all adherent tissues including obvious nervous
and lymphatic tissues shall be removed.

Cutting, storage and transport of

3.
the fresh meat
referred to in paragraph 1(a) shall be carried out in accord-
ance with the conditions laid down in Article 7, Articles 9

to 12 and Annex II or, as appropriate, Annex III. The fresh
meat may be used for the production of products referred
to in (b), (c) and (d) in accordance with the conditions laid
down in this article,
in Article 7, Articles 9 to 12 and
Annex II or, as appropriate, Annex III.

4.
The bovine animals referred to in paragraph 1 shall be
slaughtered at different times from cattle which do not meet
the requirements of Annex II, or as appropriate, Annex III.
There shall be a secure sorting and separation of
live
animals prior to slaughter to ensure that only eligible
animals enter the slaughter line during time periods dedi-
cated to such slaughter. Before the commencement of a
period of slaughter of eligible animals, the slaughter hall
must first be cleansed and disinfected.

The dispatch of products referred to in Annex III may

5.
commence 1 August 1999.

(1) OJ L 195, 28.7.1999, p. 42.
(*) OJ 121, 29.7.1964, p. 2012/64.
(**) OJ L 368, 31.12.1994, p. 10.’

3. Article 10, paragraph 1(b)

is replaced by the following:

‘(b)

(i) non-packaged products are stored in cold stores
in chambers which are not used at the same time
for storing any bovine products which do not
comply with the conditions laid down in this
in Articles 6, 9, 11, 12 and 13 and are
Article,
the competent authority
kept under the seal of
when the latter is not present;

(ii) packaged products are stored in cold stores so as
to provide a clear and effective segregation from
bovine products which do not comply with the
laid down in this Article and in
conditions
Articles 6, 9, 11, 12 and 13;’

4. The Annexes are amended as set out in the Annex to

this Decision.

Article 2

Decision 1999/514/EC is repealed.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 20 August 2002.

For the Commission

David BYRNE

Member of the Commission

L 228/24

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Official Journal of the European Communities

24.8.2002

ANNEX

1. In Annex II, point 1 is replaced by the following:

‘1. Fresh meat, and products referred to in Article 6(1)(b), (c) and (d) from that meat, derived from bovine animals
slaughtered in Northern Ireland, may be dispatched from the United Kingdom in application of the provisions of
Article 6 when obtained from ECHS-eligible animals which originate from ECHS-eligible herds. If obtained from
animals more than nine months old, the fresh meat shall be deboned and all adherent tissues including obvious
nervous and lymphatic tissues shall be removed.’

2. In Annex II, point 9 is replaced by the following:

‘9. Slaughter of ECHS-eligible animals must take place in slaughterhouses which operate a system of time separation

as set out in Article 6(4).’

3. Annex III is amended as follows:

a) point 1 is replaced by the following:

‘1. Fresh meat, and products referred to in Article 6(1)(b), (c) and (d) from that meat, derived from bovine animals
slaughtered in the United Kingdom, may be dispatched from the United Kingdom in application of the provi-
sions of Article 6 when obtained from DBES-eligible animals born after 1 August 1996. If obtained from
animals more than nine months old, the fresh meat shall be deboned and all adherent tissues including obvious
nervous and lymphatic tissues shall be removed.’;

b) point 5 is replaced by the following:

‘5. Slaughter of DBES-eligible animals must take place in slaughterhouses which operate a system of time separa-
tion as described in Article 6(4). Slaughter in Northern Ireland of DBES-eligible animals originating from Great
Britain, or vice versa, is only authorised if access to all relevant data is ensured.’