2005/830/EC: Commission Decision of  25 November 2005  amending Decision 2003/322/EC as regards the feeding of certain necrophagous birds with certain category 1 material  (notified under document number C(2005) 4521)
Date: 2005-11-25
Institutions: European Commission
Subjects: animal nutrition, bird, bovine spongiform encephalopathy, carcase, disease prevention, food inspection, protected species

L 311/40

EN

Official Journal of the European Union

26.11.2005

COMMISSION DECISION

of 25 November 2005

amending Decision 2003/322/EC as regards the feeding of certain necrophagous birds with certain
category 1 material

(notified under document number C(2005) 4521)

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

(2005/830/EC)

(5)

(6)

Decision 2003/322/EC should therefore be amended
accordingly.

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

in this Decision are in
Standing
the

opinion

the

of

HAS ADOPTED THIS DECISION:

Article 1

In the Annex to Decision 2003/322/EC, Part B (3)(b) is replaced
by the following:

‘(b) ensure that carcasses of bovine animals and at least 4 %
of carcasses of ovine and caprine animals intended to be
used for feeding are tested prior to that use with a
in the TSE monitoring programme
negative result,
carried out in accordance with Annex III to Regulation
(EC) No 999/2001; and’

Article 2

This Decision shall apply from 1 December 2005.

Article 3

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

Done at Brussels, 25 November 2005.

For the Commission

Markos KYPRIANOU
Member of the Commission

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Regulation (EC) No 1774/2002 of
the
European Parliament and 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:

(1)

(2)

(3)

Commission Decision 2003/322/EC 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 (2)
lays down conditions for the
authorisation of the feeding of certain endangered or
protected species of necrophagous birds by certain
Member States.

In accordance with that Decision and in order to contain
the risk of spread of Transmissible Spongiform Ence-
phalitis (TSE), carcasses of bovine, ovine and caprine
animals intended to be used for feeding have to be
tested for TSE with a negative result prior to their use.

In order to improve the availability of feed to endangered
or protected species, it is appropriate to align the testing
requirements for carcasses used for feeding with specifi-
cations laid down in Regulation (EC) No 999/2001 of
the European Parliament and the Council of 22 May
2001 laying down rules for the prevention, control and
eradication of certain transmissible spongiform encepha-
lopathies (3), while limiting the proportion of ovine and
caprine carcasses to be sampled.

(4)

The prohibition on using carcasses tested for TSE with a
positive result for feed should remain.

(1) OJ L 273, 10.10.2002, p. 1. Regulation as last amended by
Commission Regulation (EC) No 416/2005 (OJ L 66, 12.3.2005,
p. 10).

(2) OJ L 117, 13.5.2003, p. 32. Decision as amended by Decision
2004/455/EC (OJ L 156, 30.4.2004, p. 45) (Corrected version in
OJ L 202, 7.6.2004, p. 31).

(3) OJ L 147, 31.5.2001, p. 1. Regulation as

last amended by
Commission Regulation (EC) No 1292/2005 (OJ L 205, 6.8.2005,
p. 3).