Commission Regulation (EC) No 1993/2004 of 19 November 2004 amending Regulation (EC) 999/2001 of the European Parliament and of the Council as regards PortugalText with EEA relevance
Date: 2004-11-19
Institutions: European Commission
Subjects: Portugal, bovine spongiform encephalopathy, export, health control, public health, veterinary legislation

L 344/12

EN

Official Journal of the European Union

20.11.2004

COMMISSION REGULATION (EC) No 1993/2004

of 19 November 2004

amending Regulation (EC) 999/2001 of the European Parliament and of the Council as regards
Portugal

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

Having regard to the Treaty
Community,

establishing the European

to

regard

Council Directive

Having
of
11 December 1989 concerning veterinary checks in intra-
the
Community trade with a view to the completion of
internal market (1), and in particular Article 9(4)
thereof,

89/662/EEC

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 completion of the internal market (2), and in
particular Article 10(4) thereof,

Having regard to 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 (3), and in particular
the first paragraph of Article 23 thereof,

Whereas:

(1)

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 (4) prohibits
the dispatch from Portugal of live bovine animals and
certain products derived therefrom. That Decision
replaced
Decision
98/653/EC (5) which was adopted because of the high
bovine spongiform encephalopathy (BSE) incidence rate
and the lack of adequate management of that disease in
Portugal at that time.

Commission

repealed

and

(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).

(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 147, 31.5.2001, p. 1. Regulation as

(EC) No 1492/2004 (OJ

last amended by
L 274,

Commission Regulation
24.8.2004, p. 3).

(4) OJ L 132, 15.5.2001, p. 17. Decision as last amended by Decision

2004/653/EC (OJ L 298, 23.9.2004, p. 25).

(5) OJ L 311, 20.11.1998, p. 23.

(3)

(4)

(5)

(6)

(7)

The Scientific Steering Committee (SSC) recognised three
major issues for considering the risk of BSE. First, the risk
of human exposure arising from the direct consumption
of potentially infective material; secondly, the risk to man
from ingesting or being exposed to processed, potentially
infective material; and thirdly, the risk of propagating the
infection by recycling the infective material
through
animal
feed. The International Animal Health Organi-
sation (OIE) has also proposed that the assessment of
the risk to human and animal health in countries be
based on a combination of the spread of BSE and the
application of measures to control the risk.

At its general session in May 2003, the OIE amended the
Animal Health Code Chapter on BSE and altered the
criteria defining the limit between moderate-risk and
high-risk countries. The limit
is now set at a BSE
incidence rate calculated over the previous 12 months
of 200 cases per million animals within the cattle popu-
lation over 24 months of age, for countries carrying out
active surveillance.

In Portugal, 103 cases of BSE were notified between
1 September 2003 and 31 August 2004. Accordingly,
that results in a BSE incidence rate calculated over the
previous 12 months of 131,7. In addition, the results of
the active monitoring and passive surveillance indicate
that
rate is decreasing in that
Member State.

the BSE incidence

Therefore, the BSE incidence rate is below the upper limit
for a moderate BSE risk country as set out in the OIE
Animal Health Code. The favourable evolution of the BSE
incidence rate indicates the effectiveness of the measures
taken by Portugal.

A ban on the feeding of mammalian protein to farmed
animals and of mammalian fat
to ruminants was
introduced in Portugal on 4 December 1998. At the
same time the keeping,
storage and marketing of
mammalian protein and certain fats was prohibited and
the recall of existing stocks was organised.

in Portugal by the Food and
A mission carried out
Veterinary Office (FVO)
in June 1999 concluded that
the recall of those existing stocks was completed and
that the controls on the effectiveness of the feed ban
were applied properly. The ban was considered to be
effective from 1 July 1999.

(8)

(9)

(10)

20.11.2004

EN

Official Journal of the European Union

L 344/13

A ban on the use of specified risk materials in human
food or animal
feed was introduced in Portugal on
4 December 1998. That ban was extended in accordance
with Regulation (EC) No 999/2001.

from a derogation allowing the use of vertebral column
the age of 30
derived from bovine animals under
months.
for
that Regulation establishes
Portugal an extended list of specified risk material.

In addition,

A centralised national system for the identification and
registration of bovine animals was introduced in Portugal
as of 1 July 1999.

Regulation (EC) No 999/2001 provides for measures
targeting all animal and public health risks resulting
from all animal TSE, and governing the entire chain of
production and placing on the market of live animals
lays
and products of animal origin.
down rules at Community level on the systematic moni-
toring of BSE, the removal of specified risk materials and
on prohibitions concerning animal feeding.

In particular,

it

(11)

Regulation (EC) No 999/2001 has been applied from
1 July 2001. Several FVO missions in Portugal have
laid
evaluated the implementation of
down in that Regulation which are aimed at the eradi-
cation, control and prevention of TSEs.

the measures

(12) A mission by the FVO in February 2004 showed that
and
Portugal had taken all
addressed satisfactorily all
as
regards the implementation of the protection measures
against BSE laid down in Regulation (EC) No 999/2001,
and in particular
those related to BSE surveillance,
removal of specified risk materials and to the feed ban.

the necessary actions

recommendations

the

(16)

(17)

(18)

the removal of

In the interests of harmonisation of trade, the age limit
for
the vertebral column of bovine
animals and the list of specified risk materials applicable
in the other Member States should also apply in Portugal.
Regulation (EC) No 999/2001 should be amended
accordingly.

98/653/EC (1),

In the interest of clarity and coherence of Community
legislation, Commission Decision 2000/345/EC of
22 May 2000 setting the date on which dispatch from
Portugal to Germany of certain products for the purpose
of incineration may commence by virtue of Article 3(6)
Commission Decision
of Decision
2000/371/EC of 6 June 2000 setting the date on
to
fighting bulls
which dispatch of
France may commence by virtue of Article 3(7) of
Decision 98/653/EC (2),
and Commission Decision
2000/372/EC of 6 June 2000 setting the date on
which dispatch of fighting bulls from Portugal to Spain
may commence by virtue of Article 3(7) of Decision
98/653/EC (3), should be repealed.

from Portugal

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

opinion

the

the

of

HAS ADOPTED THIS REGULATION:

(13)

The three major issues for considering the risk of BSE:
first, the risk of human exposure arising from the direct
consumption of potentially infective material; secondly,
the risk to man from ingesting or being exposed to
processed, potentially infective material; and,
thirdly,
the risk of propagating the infection by recycling the
infective material through animal feed, as recognised by
the SSC; now appear to be adequately managed by
Portugal.

Article 1

Annex XI
accordance with the Annex to this Regulation.

to Regulation (EC) No 999/2001 is amended in

Article 2

Decisions 2000/345/EC, 2000/371/EC, 2000/372/EC and
2001/376/EC are repealed.

(14) Accordingly,

it

is

appropriate

to repeal Decision

2001/376/EC.

Article 3

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

(15) Under Regulation (EC) No 999/2001,

the vertebral
column of bovine animals over the age of 12 months
is considered as specified risk material. Portugal benefits

(1) OJ L 121, 23.5.2000, p. 9.
(2) OJ L 134, 7.6.2000, p. 34.
(3) OJ L 134, 7.6.2000, p. 35.

L 344/14

EN

Official Journal of the European Union

20.11.2004

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

Done at Brussels, 19 November 2004.

For the Commission

David BYRNE
Member of the Commission

20.11.2004

EN

Official Journal of the European Union

L 344/15

Annex XI is amended as follows:

ANNEX

1. In Annex XI, Part A, points 1 and 2 are replaced by the following:

‘1. (a) The following tissues are designated as specified risk material:

(i)

the skull excluding the mandible and including the brain and eyes, the vertebral column excluding the
vertebrae of the tail, the spinous and transverse processes of the cervical, thoracic and lumbar vertebrae and
the median sacral crest and wings of the sacrum, but including the dorsal root ganglia, and the spinal cord
of bovine animals aged over 12 months, and the tonsils, the intestines from the duodenum to the rectum
and the mesentery of bovine animals of all ages;

(ii) the skull including the brain and eyes, the tonsils and the spinal cord of ovine and caprine animals aged
over 12 months or which have a permanent incisor erupted through the gum, and the spleen and ileum of
ovine and caprine animals of all ages.

The age specified in (i) for the removal of the bovine vertebral column may be adjusted by amending this
Regulation in the light of the statistical probability of the occurrence of BSE in the relevant age groups of the
Community's bovine population, based on the results of BSE monitoring as established by Chapter A.I of
Annex III.

(b) In addition to the specified risk material listed in (a), the following tissues must be designated as specified risk
material in the United Kingdom of Great Britain and Northern Ireland: the entire head excluding the tongue,
including the brain, eyes and trigeminal ganglia; the thymus, the spleen and the spinal cord of bovine animals
aged over six months.

2. By way of derogation from point 1(a)(i), a decision may be taken in accordance with the procedure referred to in

Article 24(2) to allow the use of the vertebral column and dorsal root ganglia from bovine animals:

(a) born, continuously reared and slaughtered in Member States for which a scientific evaluation established that

the occurrence of BSE in native bovine animals is highly unlikely, or unlikely but not excluded; or

(b) born after the date of effective enforcement of the prohibition on the feeding of mammalian protein to
ruminants in Member States with reported BSE in native animals or for which a scientific evaluation estab-
lished that the occurrence of BSE in native bovine animals is likely.

The United Kingdom and Sweden may benefit from this derogation on the basis of previously submitted and
evaluated evidence. Other Member States may apply for this derogation by submitting conclusive supporting
evidence to the Commission regarding point (a) or (b), as appropriate.

Member States benefiting from this derogation shall, in addition to the requirements laid down in Annex III,
Chapter A, Section I, ensure that one of the approved rapid tests listed in Annex X, Chapter C, point 4, is
applied to all bovine animals over 30 months of age which:

(i) have died on the farm or in transport, but which have not been slaughtered for human consumption, with
the exception of those dead animals in remote areas with a low animal density situated in Member States
where the occurrence of BSE is unlikely;

(ii) were subject to normal slaughter for human consumption.

L 344/16

EN

Official Journal of the European Union

20.11.2004

This derogation shall not be granted to allow the use of vertebral column and dorsal root ganglia from bovine
animals aged over 30 months from the United Kingdom.

Experts from the Commission may carry out on-the-spot checks to further verify the submitted evidence in
accordance with Article 21.’

2. In Annex XI, Part D, point 1,

the references to Decisions 2000/345/EC, 2000/371/EC, 2000/372/EC and

2001/376/EC are deleted.