2004/653/EC: Commission Decision of 16 September 2004 amending Commission Decision 2001/376/EC as regards the dispatch of meat-and-bone meal of mammalian origin and related products from Portugal (notified under document number C(2004) 3463)(Text with EEA relevance)
Date: 2004-09-16
Institutions: European Commission
Subjects: Portugal, animal product, bovine spongiform encephalopathy, cereal substitute, export, originating product, veterinary legislation

23.9.2004

EN

Official Journal of the European Union

L 298/25

COMMISSION

COMMISSION DECISION

of 16 September 2004

amending Commission Decision 2001/376/EC as regards the dispatch of meat-and-bone meal of
mammalian origin and related products from Portugal

(notified under document number C(2004) 3463)

(Text with EEA relevance)

(2004/653/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Directive 89/662/EEC of 11
in intra-
December 1989 concerning
Community trade with a view to the completion of
the
internal market (1), and in particular Article 9(4) thereof,

veterinary

checks

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 (2), and in
particular Article 10(4) thereof,

Whereas:

(1)

(2)

Commission Decision 2001/376/EC of 18 April 2001
concerning measures made necessary by the occurrence
of bovine spongiform encephalopathy in Portugal and
implementing a date-based export scheme (3) contains
certain provisions adopted to protect against bovine
spongiform encephalopathy (BSE) due to the outbreak
of that disease in Portugal.

That Decision lays down specific rules made necessary
due to the occurrence of BSE in Portugal
including a
prohibition on the dispatch of meat meal, bone meal
and meat–and-bone meal of mammalian origin and
feed and fertilisers containing such products
animal

(1) OJ L 395, 30.12.1989, p. 13. Directive as last amended by Directive
2004/41/EC of the European Parliament and of the Council (OJ L
157, 30.4.2004, p. 33; Corrigenda: OJ L195, 2.6.2004, p. 12).
(2) OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive
2002/33/EC of the European Parliament and of the Council (OJ L
315, 19.11.2002, p. 14).
(3) OJ L 132, 15.5.2001, p. 17.

(‘the meat-and-bone meal and related products’)
from
that Member State to other Member States or third
countries.

However, Decision 2001/376/EC provides that Portugal
may under certain conditions authorise the dispatch of
the meat-and-bone meal and related products to other
Member States which have given their authorisation.

concerning

the European
Regulation (EC) No 1774/2002 of
the Council of 3 October 2002
Parliament and of
laying down health rules
animal by-
products not intended for human consumption (4) lays
down the conditions for the categorisation, collection,
transportation, disposal, processing, use and intermediate
storage of animal by-products. Under that Regulation the
meat-and-bone meal and related products containing
material
confirmed of
having contracted BSE, or from animals killed under a
BSE eradication measure are to be disposed of as waste
by incineration or co-incineration in an approved incin-
eration or co-incineration plant.

from animals

suspected or

Portugal has insufficient capacity to incinerate or co-
incinerate the meat-and-bone meal and related products
originating from animals suspected or confirmed of
having contracted BSE, or from animals killed under a
BSE eradication measure. The accumulation of stocks of
that material could pose a risk for public and animal
health.

It is necessary to amend the conditions provided for in
Decision 2001/376/EC for the dispatch of the meat-and-
bone meal and related products from Portugal. That
Decision should therefore be amended accordingly.

(3)

(4)

(5)

(6)

(4) OJ L 273, 10.10.2002, p. 1. Regulation as last amended by
Commission Regulation (EC) No 668/2004 (OJ L 112, 19.4.2004,
p. 1).

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Official Journal of the European Union

23.9.2004

(7)

The measures provided for
accordance with
Committee on the Food Chain and Animal Health,

in this Decision are in
Standing
the

opinion

the

of

Article 2

This Decision is addressed to the Member States.

HAS ADOPTED THIS DECISION:

Done at Brussels, 16 September 2004.

Article 1

Annex II to Decision 2001/376/EC is amended in accordance
with the Annex to this Decision.

For the Commission

David BYRNE
Member of the Commission

23.9.2004

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Official Journal of the European Union

L 298/27

Part B of Annex II is replaced by the following:

ANNEX

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Official Journal of the European Union

23.9.2004