2003/322/EC: Commission Decision of 12 May 2003 implementing Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards the feeding of certain necrophagous birds with certain category 1 materials (Text with EEA relevance) (notified under document number C(2003) 1494)
Date: 2003-05-12
Institutions: European Commission
Subjects: animal nutrition, animal product, bird, by-product, health control, health legislation, waste recycling

L 117/32

EN

Official Journal of the European Union

13.5.2003

COMMISSION DECISION

of 12 May 2003

implementing Regulation (EC) No 1774/2002 of the European Parliament and of the Council as
regards the feeding of certain necrophagous birds with certain category 1 materials

(notified under document number C(2003) 1494)

(Only the Spanish, Greek, French, Italian and Portuguese texts are authentic)

(Text with EEA relevance)

(2003/322/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Regulation (EC) No 1774/2002 of
the
European Parliament and of the Council of 3 October 2002
laying down health rules concerning animal by-products not
intended for human consumption (1), and in particular Article
23(2)(d) thereof,

Whereas:

species of necrophagous birds other than by feeding
them with certain category 1 material, thereby leading
to an unnecessary increase of potentially TSE-transmit-
ting sources.

In order to prevent a risk to animal or public health, it is
necessary to lay down rules to be applied when author-
ising the feeding of
those necrophagous birds with
certain category 1 material.

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

(7)

(8)

(1)

(2)

(3)

(4)

(5)

(6)

Regulation (EC) No 1774/2002 provides the possibility
for Member States to authorise the feeding of endan-
gered or protected species of necrophagous birds with
certain category 1 material after consultation of
the
European Food Safety Authority, by derogation to the
restrictions applicable to the use of animal by-products
laid down in that Regulation.

The Scientific Steering Committee issued an opinion on
7 and 8 November 2002 on the safety of necrophagous
birds being possible transmitters of TSEs.

According to that scientific opinion, practices of feeding
on carcases of animal species susceptible to TSE should
not lead to an artificial increase of the number of poten-
tial TSE-transmitting sources, and their possible spread.
Also, feeding programmes of wild species such as necro-
phagous birds should not become an alternative way of
disposal of fallen ruminant stock posing a TSE risk nor
of specified risk material.

Feeding of necrophagous birds with certain category 1
material may, therefore, be considered permissible on
the basis of
the Scientific Steering
Committee.

the opinion of

Greece, Spain, France, Italy and Portugal have submitted
requests for
feeding of certain
species of necrophagous birds with certain category 1
material.

the authorisation of

Those requests fulfil the conditions required in the scien-
tific opinion of
the Scientific Steering Committee.
However, additional justification should be required to
there is no other way to conserve those
verify that

(1) OJ L 273, 10.10.2002, p. 1.

HAS ADOPTED THIS DECISION:

Article 1

Implementing rules on the feeding of necrophagous birds
with category 1 material

Pursuant to Article 23(2)(d) of Regulation (EC) No 1774/2002,
Greece, Spain, France, Italy and Portugal may authorise the use
of entire bodies of dead animals which may contain specified
risk material as referred to in Article 4 (1)(b)(ii) of that Regula-
tion for the feeding of the endangered or protected species of
necrophagous birds as set out in part A of the Annex to this
Decision.

Article 2

Authorisation and control measures by the competent
authority

The competent authority may grant authorisation to the
1.
person responsible for the feeding of the necrophagous birds
referred to in Article 1.

2.
The competent authority shall only grant authorisation as
provided for in paragraph 1 if the specific requirements laid
down in part B of the Annex are complied with.

The

competent

3.
the necessary
measures to supervise and control compliance with the specific
requirements laid down in part B of the Annex.

authority

shall

take

13.5.2003

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Official Journal of the European Union

L 117/33

Those measures shall include strict supervision of the health
status of the animals in the region where the feeding takes
place, and an appropriate TSE surveillance involving regular
sampling and laboratory examination for TSEs. The samples
shall include samples taken from animals showing neurological
symptoms and from older breeding animals.

Article 4

Compliance by Member States

Greece, Spain, France, Italy and Portugal shall immediately take
the necessary measures to comply with this Decision and shall
immediately inform the
publish those measures. They shall
Commission thereof.

Article 3

Reports and review

1.
Greece, Spain, France, Italy and Portugal shall submit to
the Commission before 31 October 2003 the information
provided for in Article 23(3) of Regulation (EC) No 1774/2002
including a report:

(a) on the control measures provided for in Article 2 of this

Decision; and

(b) a detailed justification for the inclusion of each species of
necrophagous bird covered by Article 1 of this Decision
and giving reasons why it is necessary to feed such birds
the category 1 material referred to in that Article instead of
exclusively category 2 and 3 materials.

2.
This Decision shall be reviewed in the light of the reports
submitted in accordance with paragraph 1, if considered neces-
sary after appropriate scientific assessment.

Article 5

Applicability

This Decision shall apply from 1 May 2003.

Article 6

Addressees

This Decision is addressed to the Hellenic Republic,
the
Kingdom of Spain, the French Republic, the Italian Republic,
and the Portuguese Republic.

Done at Brussels, 12 May 2003.

For the Commission

David BYRNE

Member of the Commission

L 117/34

EN

Official Journal of the European Union

13.5.2003

ANNEX

IMPLEMENTING RULES ON THE FEEDING OF ENDANGERED OR PROTECTED SPECIES OF NECROPHAGOUS BIRDS
WITH CERTAIN CATEGORY 1 MATERIAL PURSUANT TO ARTICLE 23(2)(d) OF REGULATION (EC) No 1774/2002

A. The Member States and the endangered or protected species referred to in Article 1

The implementing rules provided for in Article 1 shall apply to:

(a) in the case of Greece: griffon vulture (Gyps fulvus), bearded vulture (Gypaetus barbatus) and Egyptian vulture

(Neophron pernkopterus);

(b) in the case of Spain: griffon vulture (Gyps fulvus), black vulture (Aegypius monachus), Egyptian vulture (Neophron
pernkopterus), bearded vulture (Gypaetus barbatus), Spanish imperial eagle (Aquila adalberti), golden eagle (Aquila
chrysaetos), red kite (Milvus milvus) and black kite (Milvus migrans);

(c) in the case of France: griffon vulture (Gyps fulvus), black vulture (Aegypius monachus), Egyptian vulture (Neophron

pernkopterus), bearded vulture (Gypaetus barbatus), red kite (Milvus milvus) and black kite (Milvus migrans);

(d) in the case of Italy: griffon vulture (Gyps fulvus), bearded vulture (Gypaetus barbatus), golden eagle (Aquila chry-

saetos);

(e) in the case of Portugal: griffon vulture (Gyps fulvus), black vulture (Aegypius monachus), Egyptian vulture (Neophron

pernkopterus) and golden eagle (Aquila chrysaetos).

B. Specific requirements as referred to in Article 2

1. The approval of the competent authority as provided for in Article 2 is subject to the following:

(a) the conservation of the bird species may not be achieved by other means;

(b) the feeding programme must be performed in the context of an approved conservation programme;

(c) the feeding must not be used as an alternative way of disposal of specified risk materials or fallen ruminant

stock containing them posing a TSE risk;

(d) an appropriate surveillance system for TSEs as laid down in Regulation (EC) No 999/2001 of the European
Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication
of certain transmissible spongiform encephalopathies (1), as last amended by Regulation (EC) No 260/2003 (2),
must be in place involving regular laboratory testing of samples for TSE;

(e) coordination between the competent authorities supervising the requirements laid down in the approval must

be ensured; and

(f) a prior assessment of the specific and the particular situation of the necrophagous bird species concerned and

their habitat in the country concerned must have been carried out.

2. The approval granted by the competent authority must:

(a) refer to and name the species of necrophagous birds actually concerned;

(b) describe in detail the geographical area where feeding shall take place; and

(c) immediately be suspended in case of:

(i) a suspected or confirmed link to the spread of TSE until the risk can be excluded; or
(ii) non-compliance with any of the rules provided for in this Decision.

3. The person responsible for the feeding must:

(a) dedicate an enclosed and fenced area to ensure that no carnivorous animal other than birds have access to the

feed;

(b) ensure that carcases of bovine animals older than 24 months and carcases of ovine and caprine animals older
than 18 months intended to be used for for feeding are tested for TSE using one of the tests specified in Regu-
lation (EC) No 999/2001 with a negative result prior to using them as feedstuffs; and

(c) keep records at least of the number, nature, estimate weight and origin of the carcases of the animals used for

feeding, the results of the TSE tests, the date of the feeding and the location where feeding took place.

4. All other specific requirements laid down in Regulation (EC) No 1774/2002, and in particular Article 23(2) of

and Annex IX to that Regulation shall be complied with.

(1) OJ L 147, 31.5.2001, p. 1.
(2) OJ L 37, 13.2.2003, p. 7.