2007/667/EC: Commission Decision of 15 October 2007 authorising the use of at risk bovine animals until the end of their productive lives in Germany following official confirmation of the presence of BSE (notified under document number C(2007) 4648)
Date: 2007-10-15
Institutions: European Commission
Subjects: Germany, animal disease, cattle, derogation from EU law, health risk

L 271/16

EN

Official Journal of the European Union

16.10.2007

COMMISSION DECISION

of 15 October 2007

authorising the use of at risk bovine animals until the end of their productive lives in Germany
following official confirmation of the presence of BSE

(notified under document number C(2007) 4648)

(Only the German text is authentic)

(2007/667/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

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

in this Decision are in
Standing
the

opinion

the

of

Having regard to the Treaty
Community,

establishing the European

HAS ADOPTED THIS DECISION:

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
the second subparagraph of Article 13(1) thereof,

Whereas:

(1)

(2)

(3)

(4)

(TSEs)

Regulation (EC) No 999/2001 lays down rules for the
prevention, control and eradication of
transmissible
in animals. The
spongiform encephalopathies
first subparagraph of Article 13(1) of that Regulation
provides for eradication measures to be applied when
the presence of a TSE has been officially confirmed.
Those measures consist in particular in the killing and
complete destruction of
the animals and products of
animal origin which have been identified as being at
risk (at risk bovine animals) due to an epidemiological
link with the affected animals.

Germany has submitted to the Commission a request for
a decision to allow the use of at risk bovine animals until
the end of their productive lives by way of derogation
from point (c) of the first subparagraph of Article 13(1)
of Regulation (EC) No 999/2001.

The control measures submitted by Germany provide for
strict movement restriction and traceability of bovine
animals in such a way that the current level of protection
of human and animal health is not endangered.

On the basis of a favourable risk assessment, Germany
should therefore be allowed to use at risk bovine animals
their productive lives provided that
until
certain conditions are met.

the end of

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

last amended by
Commission Regulation (EC) No 727/2007 (OJ L 165, 27.6.2007,
p. 8).

Article 1

1.
By way of derogation from point (c) of the first subpara-
graph of Article 13(1) of Regulation (EC) No 999/2001,
Germany may use bovine animals referred to in the second
and third indents of point 1(a) of Annex VII to that Regulation
until the end of their productive lives under the conditions
provided for in paragraphs 2, 3 and 4 of this Article.

Germany shall ensure that the bovine animals referred to

2.
in paragraph 1:

(a) are permanently traceable in the computerised database
in Article 5 of Regulation (EC) No
the

the European Parliament

and of

provided for
1760/2000 of
Council (2);

(b) are only moved from their holding under official super-

vision and for the purpose of destruction;

(c) are not dispatched to other Member States or exported to

third countries.

Germany shall carry out regular checks to verify the

3.
correct implementation of this Decision.

4.
Germany shall keep the Commission and the other
Member States informed of the use of the bovine animals as
referred to in paragraph 1 through the Standing Committee of
the Food Chain and Animal Health.

Germany shall also present related information in the annual
report provided for in Article 6(4) of Regulation (EC) No
999/2001.

(2) OJ L 204, 11.8.2000, p. 1.

16.10.2007

EN

Official Journal of the European Union

L 271/17

This Decision is addressed to the Federal Republic of Germany.

Article 2

Done at Brussels, 15 October 2007.

For the Commission

Markos KYPRIANOU
Member of the Commission