Commission Regulation (EC) No 836/2004 of 28 April 2004 laying down the transitional measures to be applied by Cyprus with regard to scrapie (Text with EEA relevance)
Date: 2004-04-28
Institutions: European Commission
Subjects: Cyprus, animal disease, consumer protection, public health, sheep, veterinary legislation

L 127/48

EN

Official Journal of the European Union

29.4.2004

COMMISSION REGULATION (EC) No 836/2004

of 28 April 2004

laying down the transitional measures to be applied by Cyprus with regard to scrapie

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Regulation (EC) No 999/2001 of the Euro-
pean Parliament and of the Council of 22 May 2001 laying
down rules for the prevention, control and eradication of
certain transmissible spongiform encephalopathies (1), and in
particular Articles 12 (4) and 13 (6) thereof,

Having regard to the 2003 Act of Accession of the Czech
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta,
Poland, Slovenia and Slovakia to the European Union, and to
the adjustments to the treaties on which the European Union is
founded, and in particular Article 42 thereof,

Whereas:

Member States. It is desirable to afford to Member States
and third countries alike, the same health guarantees.
Therefore during the period of application of these tran-
sitional measures, and taking control requirements into
account, the export of products derived from ovine and
caprine animals to other Member States and to third
countries should be prohibited.

(5)

(6)

The measures granted to Cyprus for adapting the imple-
mentation of Regulation (EC) No 999/2001 for a transi-
tional period should be reviewed as soon as possible and
should in any case and in accordance with the Act of
Accession be limited to a maximum period of three
years.

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

(1)

(2)

(3)

(4)

Regulation (EC) No 999/2001 includes provisions
regarding the eradication of scrapie in ovine and caprine
animals and diagnostic techniques to be used for the
confirmation of the disease.

HAS ADOPTED THIS REGULATION:

in scrapie

On 29 January 2004, Cyprus has applied for
the
granting of transitional measures in relation to eradica-
infected holdings. These
tion measures
measures are necessary in view of the high level of
scrapie in the ovine and caprine population, the low
level of genetically determined resistance in the ovine
population, and the nature of farming in Cyprus. The
application also requests transitional measures regarding
diagnostic techniques for scrapie,
limited
laboratory capacity.

in view of

Cyprus has undertaken to furnish an action plan to
address the shortage of breeding ovine animals of a
suitable genotype, to increase the level of resistance in
the ovine population and to provide
replacement
animals in infected holdings. This plan will be submitted
by 1 June 2004 as part of its application for Community
financing for specific veterinary measures under the
provisions of Council Decision 90/424/EEC on expendi-
ture in the veterinary field (2).

The transitional measures granted to Cyprus should
allow that subject
to veterinary examination, certain
ovine and caprine animals from infected holdings to be
slaughtered for human consumption, which may not be
slaughtered for human consumption in the other

Article 1

The competent authority in Cyprus shall implement the provi-
sions of Regulation (EC) No 999/2001 in accordance with the
provision of this Decision, until the 30 April 2007 at the latest.

Article 2

By way of derogation from article 12.2 of Regulation (EC) No
999/2001, after a twelve months period has elapsed following
the confirmation of a first scrapie case in a holding,
the
forwarding of brain and other tissues for laboratory examina-
tion of cases suspected after that period may be limited to a
random annual sample of 10 % of ovine and caprine animals
suspected of being infected with a TSE.

Article 3

By way of derogation from the provisions of Annex VII

1.
to Regulation (EC) No 999/2001:

(1) OJ L 147, 31.5.2001, p. 1. Regulation as last amended by Commis-
sion Regulation (EC) No 2245/2003 (OJ L 333, 20.12.2003, p. 28).
(2) OJ L 224, 18.8.1990, p. 19. Decision as last amended by Council

Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(a) the exception provided for in paragraph 2, point (b) (ii)
shall be extended to caprine animals and to ovine animals
under the age of six months which are intended solely for
slaughter;

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Official Journal of the European Union

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(b) the conditions for introducing caprine animals provided for
in paragraph 3.1, point (c) in a holding where destruction
has taken place in accordance with point 2 (b) (i) or (ii)
shall not apply;

(c) In point 5 of Annex VII to Regulation (EC) No 999/2001,
in addition to points (a) to (c), the following point (d) shall
apply:
‘(d) however, in the case of animals under the age of six
months, both ovine animals of unknown genotype and
for
caprine animals may go directly for slaughter
human consumption in a slaughterhouse in the terri-
tory of Cyprus, under the following conditions:
(i) the animals are examined by an official veterinarian
on the holding of origin who shall confirm the
absence of any clinical symptoms of scrapie, prior
to dispatch to the slaughterhouse;

(ii) the entire head and organs of the thoracic and
shall be
abdominal
disposed of in accordance with Article 4(2) (a) (b)
and (c) of Regulation (EC) No 1774/2002.’

such animals

cavities of

(d) In point 6 of Annex VII to Regulation (EC) No 999/2001,

point (c) shall not apply.

2.
By way of derogation from point 3.2 of Chapter C of
Annexe X to Regulation (EC) No 999/2001, the following shall
apply:

to a rapid test. If the result of one of those exami-
nations is positive, the animal shall be regarded as
a positive scrapie case.

(b) Scrapie monitoring

Tissues from ovine and caprine animals sent for
laboratory testing pursuant to the provisions of
Annex III, Chapter A, Section II (Monitoring in
ovine and caprine animals) shall be examined by
a rapid test.

When the result of the rapid test is inconclusive,
the brainstem shall be immediately sent to an offi-
laboratory for confirmatory examination by
cial
immunocytochemistry or
as
referred to under (a).

immunoblotting,

If the result of one of those examinations is posi-
tive, the animal shall be regarded as a positive
scrapie case.’

Article 4

The dispatch from Cyprus to other Member States or to third
intended for human
countries of
is
consumption derived from ovine and caprine animals
prohibited:

the following products

(i) fresh meat as defined by Directive 64/433/EEC (1)

(ii) minced meat and meat preparations as defined by Direc-

‘3.2 Laboratory testing for the presence of scrapie in ovine

tive 94/65/EC (2)

and caprine animals

(a) Suspect cases

Tissues from ovine and caprine animals sent for
laboratory testing pursuant to the provisions of
Article 12(2) shall be subject to a histopatholo-
gical examination as laid down in the latest
version of the Manual, except where the material
is autolysed. Where the result of the histopatholo-
gical test is inconclusive or negative or where the
material is autolysed, the tissues shall be subjected
to examination by immunocytochemistry or
immunoblotting, as laid down in the Manual, or

(iii) meat products as defined by Directive 77/99/EEC (3)

Article 5

into force on the third day
This Regulation shall enter
following that of its publication in the Official Journal of the
European Union.

It shall apply subject to and as from the date of entry into force
of the Treaty of Accession of the Czech Republic, Estonia,
Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and
Slovakia.

It is shall apply until 30 April 2007.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 28 April 2004.

For the Commission

David BYRNE

Member of the Commission

(1) OJ 121, 29.7.1964, p. 2012/64.
(2) OJ L 368, 31.12.1994, p. 10.
(3) OJ L 26, 31.1.1977, p. 85.