Commission Regulation (EC) No 1275/2007 of 29 October 2007 amending Annex IX to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (Text with EEA relevance)
Date: 2007-10-29
Institutions: European Commission
Subjects: EU control, animal disease, bovine spongiform encephalopathy, disease prevention, health certificate, health control, import restriction

L 284/8

EN

Official Journal of the European Union

30.10.2007

COMMISSION REGULATION (EC) No 1275/2007

of 29 October 2007

amending Annex IX to Regulation (EC) No 999/2001 of the European Parliament and of the Council
laying down rules for the prevention, control and eradication of certain transmissible spongiform
encephalopathies

(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,

Whereas:

(1)

(2)

(3)

Regulation (EC) No 999/2001 lays down rules for the
prevention, control and eradication of certain trans-
missible spongiform encephalopathies (TSEs) in animals.
It applies to the production and placing on the market of
live animals and products of animal origin.

Annex IX to Regulation (EC) No 999/2001 lays down
the rules for the importation into the Community of live
animals, embryos, ova and products of animal origin.
from products
The removal of specified risk material
destined for food and feed is the single most important
public health protection measure.

Article 5 of Regulation (EC) No 999/2001 provides for
the bovine spongiform encephalopathy (BSE) status of
Member States or third countries or regions thereof to
be determined by classification into three categories:
negligible BSE risk, controlled BSE risk and undetermined
BSE risk. That Article also provides for a reassessment of
the Community categorisation of countries following the
establishment by the World Organisation for Animal
health (OIE) of a procedure for the classification of
countries by category.

(4)

Pending the adoption of a decision on the BSE status of
Member States and third countries, Regulation (EC)

(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).

No 999/2001 provides for transitional measures to be
applied for a period ending on 1 July 2007. Under the
transitional measures regarding BSE the restrictions on
imports into the Community from third countries with
a BSE risk covered meat products as defined in Council
Directive 77/99/EEC (2), which included treated intestines
(animal casings). In addition the possibility of triangular
trade was introduced where third countries with a BSE
risk could export
sourced from
countries where BSE was considered highly unlikely.

treated intestines,

by

amended

Regulation

introduced

Commission

On 25 June 2007 Regulation (EC) No 999/2001
was
(EC)
No 722/2007 (3). Regulation (EC) 999/2001, as thus
categorisation
amended,
system of countries according their BSE risk,
in line
with that of the OIE. It entailed not only the listing of
all countries under one of three categories: negligible BSE
risk, controlled BSE risk and undetermined BSE risk, but
also introduced trade rules according to each risk
category.

a Community

for

The import
rules relating to the new categorisation
system referred to meat products as defined in Regu-
lation (EC) No 853/2004 of the European Parliament
the Council of 29 April 2004 laying down
and of
food of animal origin (4),
specific hygiene rules
In line with the
which excluded treated intestines.
conditions applicable before 1 July 2007 and in order
to ensure the same level of consumer protection, treated
intestines should be included in the list of products
covered by the TSE related import rules in Regulation
(EC) No 999/2001. Annex IX to that Regulation
should therefore be amended accordingly.

third
No TSE related import conditions apply for
It
is
countries with a negligible BSE risk status.
necessary to clarify the import conditions
in case
intestines are sourced from a country or a region with
a negligible BSE risk and treated in a third country with a
different BSE risk status. For consistency reasons the
possibility of
triangular trade should be re-introduced
under the new provisions.

(5)

(6)

(7)

(2) OJ L 26, 31.1.1977, p. 85. Directive as last amended by Regulation

(EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

(3) OJ L 164, 26.6.2007, p. 7.
(4) OJ L 139, 30.4.2004, p. 55, corrected by OJ L 226, 25.6.2004,
amended by Council Regulation

p. 22. Regulation as
(EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

last

30.10.2007

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Official Journal of the European Union

L 284/9

(8)

Regulation (EC) No 999/2001 should therefore be amended accordingly.

(9)

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

HAS ADOPTED THIS REGULATION:

Article 1

Annex IX to Regulation (EC) No 999/2001 is amended in accordance with the Annex to this Regulation.

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

Article 2

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

Done at Brussels, 29 October 2007.

For the Commission

Markos KYPRIANOU
Member of the Commission

L 284/10

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Official Journal of the European Union

30.10.2007

ANNEX

In Annex IX, Regulation (EC) No 999/2001, Chapter C is amended as follows:

(a) Section A is replaced by the following:

‘SECTION A

Products

The following products of bovine, ovine and caprine animal origin, as defined by Regulation (EC) No 853/2004 of
the European Parliament and of the Council (*) shall be subject to the conditions laid down in Sections B, C and D
depending on the BSE risk category of the country of origin:
— fresh meat,
— minced meat and meat preparations,
— meat products,
— treated intestines,
— rendered animal fats,
— greaves, and
— gelatine.

___________
(*) OJ L 139, 30.4.2004, p. 55, as corrected by OJ L 226, 25.6.2004, p. 22.’

(b) In Section C, the following point 5 is added:

‘5. In the case of intestines originally sourced from a country or a region with a negligible BSE risk, imports of

treated intestines shall be subject to the presentation of an animal health certificate attesting that:

(a)

the country or region is classified in accordance with Article 5(2) as a country or region posing a controlled
BSE risk;

(b) the animals from which the products of bovine, ovine and caprine animal origin were derived were born,
continuously reared and slaughtered in the country or region with a negligible BSE risk and passed ante-
mortem and post-mortem inspections;

(c)

if the intestines are sourced from a country or region where there have been BSE indigenous cases:

(i) the animals were born after the date from which the ban on the feeding of ruminants with meat-and-bone

meal and greaves derived from ruminants had been enforced; or

(ii) the products of bovine, ovine and caprine animal origin do not contain and are not derived from specified

risk material as defined in Annex V.’

(c)

In Section D, the following point 5 is added:
‘5. In the case of intestines originally sourced from a country or a region with a negligible BSE risk, imports of

treated intestines shall be subject to the presentation of an animal health certificate attesting that:

(a)

the country or region is classified in accordance with Article 5(2) as a country or region posing an unde-
termined BSE risk;

(b) the animals from which the products of bovine, ovine and caprine animal origin were derived were born,
continuously reared and slaughtered in the country or region with a negligible BSE risk and passed ante-
mortem and post-mortem inspections;

(c)

if the intestines are sourced from a country or region where there have been BSE indigenous cases:

(i) the animals were born after the date from which the ban on the feeding of ruminants with meat-and-bone

meal and greaves derived from ruminants had been enforced; or

(ii) the products of bovine, ovine and caprine animal origin do not contain and are not derived from specified

risk material as defined in Annex V.’