Commission Regulation (EC) No 657/2006 of  10 April 2006  amending Regulation (EC) No 999/2001 of the European Parliament and of the Council as regards the United Kingdom and repealing Council Decision 98/256/EC and Decisions 98/351/EC and 1999/514/EC   (Text with EEA relevance)
Date: 2006-04-10
Institutions: European Commission
Subjects: United Kingdom, bovine spongiform encephalopathy, cattle, import policy, intra-EU trade, live animal, meat product

29.4.2006

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 657/2006

of 10 April 2006

amending Regulation (EC) No 999/2001 of the European Parliament and of the Council as regards
the United Kingdom and repealing Council Decision 98/256/EC and Decisions 98/351/EC and
1999/514/EC

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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 (1), and in particular
Article 23 thereof,

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,

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 (3), and in particular Article 9(4) thereof,

veterinary

checks

Having regard to Council Decision 98/256/EC of 16 March
to protect against
1998 concerning emergency measures
bovine
amending Decision
94/474/EC and repealing Decision 96/239/EC (4), and in
particular Article 6(5) thereof,

spongiform encephalopathy,

Whereas:

(1)

(2)

Decision 98/256/EC is preserved as
transitional
measure by Annex XI to Regulation (EC) No 999/2001.

a

Decision 98/256/EC prohibits
from the
United Kingdom of live cattle and of products derived

the export

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

last amended by
Commission Regulation (EC) No 339/2006 (OJ L 55, 25.2.2006,
p. 5).

(2) OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive
(OJ
2002/33/EC of the European Parliament and of the Council
L 315, 19.11.2002, p. 14).

(3) 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).

(4) OJ L 113, 15.4.1998, p. 32. Decision as

last amended by
Commission Decision 2002/670/EC (OJ L 228, 24.8.2002, p. 22).

(3)

(4)

(5)

(6)

from cattle slaughtered in the United Kingdom which are
liable to enter the food or feed chain or which are
destined for use in cosmetics or medical or pharma-
ceutical products. Some derogation is provided, notably
for the export of beef and beef products under the date-
based export scheme (DBES).

The two conditions to be met before the possible lifting
the United Kingdom embargo could be envisaged,
of
were an incidence of
less than 200 BSE cases per
million adult bovine animals and a positive conclusion
from the Food and Veterinary Office (FVO) inspection as
in the United
to the enforcement of BSE controls
Kingdom, and its state of preparedness to comply with
Community legislation particularly in relation to identifi-
cation and registration of bovine animals and testing.

At its General Session in May 2003, the World Organi-
sation for Animal Health (OIE) altered the criteria
defining the limit between moderate risk (category 4)
and high risk (category 5) countries. The limit was set
at 200 BSE cases per million adult animals in the popu-
lation, for countries carrying out active surveillance.

In June 2003, on the basis that BSE incidence in the
United Kingdom was now approaching the figure of
200, and that for this reason it should no longer be
considered an OIE high risk country,
the United
Kingdom asked to be allowed to trade under the same
rules as other Member States. In support of this claim,
the United Kingdom submitted documentation including
estimates of an absolute incidence based on the results of
the partial testing regime in force in the United Kingdom.

The opinion of the Scientific Panel on biological hazards
of the European Food Safety Authority (EFSA) of 21
April 2004 on the scientific justification for proposing
amendments to the United Kingdom date-based export
scheme (DBES) and to the Over Thirty Months (OTM)
rule concludes that cattle born or reared in the United
Kingdom before 1 August 1996 should be kept out of
the food and feed chains, because of the higher BSE
incidence in that group. For cattle born after that date,
the opinion concludes that the BSE risk to consumers is
in a range comparable with that in other Member States.
From 1 August 1996, all mammalian meat and bone
meal was banned from feed to all farmed animals in
the United Kingdom.

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(7)

(8)

(9)

On 12 May 2004, the EFSA published its opinion on the
moderate risk status. That opinion indicates that
the
incidence in the United Kingdom should fall below
200 between July and December 2004. At its plenary
the EFSA
meeting on 9 and 10 March 2005,
concluded that the surveillance data from the second
half of 2004 confirmed the conclusions of its opinion
of May 2004 and that according to the OIE classification
the United Kingdom can be considered a country with a
moderate risk status in terms of BSE for its whole cattle
population.

On 19 July 2004, the FVO published the report of a
mission to Great Britain and Northern Ireland from 26
April to 7 May 2004 concerning a general review as
regards protective measures against BSE. The report
concluded that the system in place in Northern Ireland
was largely satisfactory but shortcomings were noted in
various areas
in Great Britain which would require
further improvements.

On 28 September 2005, the FVO published the report of
a mission to Great Britain from 6 to 15 June 2005
against BSE. The
concerning
follow-up mission concluded that satisfactory progress
was noted in most areas.

protective measures

Kingdom applies

(10) On 7 November 2005, the United Kingdom replaced the
OTM rule by the pre-1996 rule. Bovine animals born
before 1 August 1996 will be permanently excluded
from the food and feed chain. Since October 2004, the
United
same monitoring
programme as the other Member States for the bovine
population born after 31 July 1996. The current moni-
toring programme applicable to the animals under the
previous destruction scheme provided for pursuant to
Commission Regulation (EC) No 716/96 of 19 April
1996 adopting exceptional support measures for the
in the United Kingdom (1)
should be
beef market
amended.

the

(13) Decision 98/256/EC should, therefore, be repealed and
the rules as laid down in Regulation (EC) No 999/2001
should become fully applicable.

(14)

Pursuant to Commission Decision 2005/598/EC (2), the
United Kingdom is prohibited from placing on the
market products derived from bovine animals born or
reared within the United Kingdom before 1 August
the United Kingdom should ensure
1996. Similarly,
that bovine animals born or
reared in the United
Kingdom before 1 August 1996 are not dispatched
from its
third
countries.

territory to other Member States or

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

the vertebral
column of bovine animals over the age of 24 months
is considered as
specified risk material. The United
Kingdom benefits from a derogation allowing the use
of vertebral column derived from bovine animals under
the age of 30 months. In addition, that Regulation estab-
lishes
the United Kingdom an extended list of
specified risk material.

for

(16)

(17)

Following the lifting of the current restrictions, the age
limit for the removal of the vertebral column of bovine
animals and the list of specified risk materials applicable
in the other Member States should also apply in the
United Kingdom. Regulation (EC) No 999/2001 should
be amended accordingly.

In view of the current difference of the age limit for the
removal of vertebral column as specified risk material in
the United Kingdom and the other Member States, for
control reasons the immediate effects of this Regulation
should not apply to vertebral column from bovine
animals born or reared in the United Kingdom after 31
July 1996 and slaughtered before the coming into force
of this Regulation. Such vertebral column and products
derived from such vertebral column should not be
dispatched from the United Kingdom to other Member
States or third countries.

(11)

(12)

In view of the moderate risk status of the cattle popu-
lation and the favourable FVO mission reports, the BSE
related restrictions on the trade of bovine animals and
their products may be lifted.

(18)

The conditions for the lifting of the embargo were fully
fulfilled on 15 June 2005, the date of the end of the FVO
mission to Great Britain. Therefore the effect of
this
Regulation on meat and other products derived from
slaughtered animals
should be limited to meat and
products derived from animals slaughtered after that date.

clarity

legislation,

interest of

and the
Commission

coherence of
In the
Community
Decision
98/351/EC of 29 May 1998 setting the date on which
dispatch from Northern Ireland of bovine products under
the Export Certified Herds Scheme may commence by
virtue of Article 6(5) of Council Decision 98/256/EC (3)
and Commission Decision 1999/514/EC of 23 July 1999
setting the date on which dispatch from the United
Kingdom of bovine products under
the date-based
export scheme may commence by virtue of Article 6(5)
of Council Decision 98/256/EC (4) should be repealed.

(1) OJ L 99, 20.4.1996, p. 14. Regulation as last amended by Regu-

lation (EC) No 2109/2005 (OJ L 337, 22.12.2005, p. 25).

(2) OJ L 204, 5.8.2005, p. 22.
(3) OJ L 157, 30.5.1998, p. 110.
(4) OJ L 195, 28.7.1999, p. 42.

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(19)

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:

Article 1

Annexes III and XI
amended in accordance with the Annex to this Regulation.

to Regulation (EC) No 999/2001 are

Article 2

Decisions 98/256/EC, 98/351/EC and 1999/514/EC are
repealed.

Article 3

This Regulation shall enter into force on the third day following
the European
that of
Union.

its publication in the Official

Journal of

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

Done at Brussels, 10 April 2006.

For the Commission

Markos KYPRIANOU
Member of the Commission

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ANNEX

Annexes III and XI to Regulation (EC) No 999/2001 are amended as follows:

1.

in Annex III, Chapter A, Section I, point 4 is replaced by the following:

‘4. Monitoring in animals purchased for destruction pursuant to Regulation (EC) No 716/96

All animals born between 1 August 1995 and 1 August 1996 killed for destruction pursuant Regulation (EC)
No 716/96 shall be tested for BSE.’;

2. Annex XI is amended as follows:

(a)

in Part A, points 1 and 2 are replaced by the following:

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

(i)

the skull excluding the mandible and including the brain and eyes, and the spinal cord of bovine animals
aged over 12 months, 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 of bovine animals aged over 24 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.

2. By way of derogation from point 1 (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
established that the occurrence of BSE in native bovine animals is likely.

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.

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

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(b) part D is amended as follows:

(i) point 1 is deleted.

(ii) the following point 5 is added:

‘5.

(a) Without prejudice to Commission Decision 2005/598/EC the United Kingdom shall ensure that bovine
animals born or reared on its territory before 1 August 1996 are not dispatched from its territory to
other Member States or third countries.

(b) The United Kingdom shall ensure that no meat and products derived from bovine animals born or
reared in the United Kingdom after 31 July 1996 and slaughtered before 15 June 2005 are dispatched
from its territory to other Member States and third countries.

(c) The United Kingdom shall ensure that vertebral column from bovine animals born or reared in the
United Kingdom after 31 July 1996 and slaughtered before the coming into force of this Regulation
and products derived from such vertebral column shall not be dispatched from its territory to other
Member States or third countries.’