Commission Regulation (EC) No 1428/2007 of 4 December 2007 amending Annex VII 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: 2007-12-04
Institutions: European Commission
Subjects: animal disease, derogation from EU law, disease prevention, infectious disease, slaughter of animals, veterinary legislation

5.12.2007

EN

Official Journal of the European Union

L 317/61

COMMISSION REGULATION (EC) No 1428/2007

of 4 December 2007

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

spongiform encephalopathies

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

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
the first paragraph of Article 23 thereof,

Whereas:

(1)

(2)

(3)

Annex VII to Regulation (EC) No 999/2001 lays down
eradication measures to be carried out
following the
confirmation of a transmissible spongiform encepha-
lopathy (TSE) in ovine and caprine animals.

the Communication from the
In the framework of
Commission TSE Roadmap (2) of 15 July 2005, and in
line with the SANCO work programme 2006-07 on
TSEs (3) of 21 November 2006,
the Commission
adopted Regulation (EC) No 727/2007 of 26 June
2007 amending Annexes I, III, VII and X 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 ence-
phalopathies. Regulation (EC) No 999/2001, as thus
amended, provides for certain measures to be applied
in the case of confirmation of a TSE in a holding of
ovine or caprine animals and where the presence of
bovine
spongiform encephalopathy (BSE) has been
excluded.

animals

the structure of

is notoriously different

the sector for ovine and
Given that
the
caprine
as
Community,
amended by Regulation (EC) No 727/2007,
introduced
the possibility to apply alternative policies, provided that
harmonised rules are established at Community level.

across
999/2001,

Regulation

(EC) No

(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).

(2) COM(2005) 322 final.
(3) SEC(2006) 1527.

(5)

(6)

(7)

(8)

(9)

Annex VII to Regulation (EC) No 999/2001, before the
amendments made
thereto by Regulation (EC) No
727/2007, provided for a derogation regarding the
destruction of ovine and caprine animals following the
confirmation on a holding of a case of TSE in such
animals. Accordingly, Member States could decide to
delay the destruction of
animals up to five
breeding years under certain conditions. However, that
derogation was not included in Annex VII to Regulation
(EC) No 999/2001, as thus amended, as it was no longer
necessary.

the

Instance of

On 17 July 2007, in Case T-257/07, before the Court of
the European Communities, France
First
brought an action against
the European Commission
seeking the annulment of certain provisions of Regu-
in particular regarding the
lation (EC) No 727/2007,
measures to be applied to TSE-affected flocks, or alter-
natively the entire annulment of that Regulation. In its
Order of 28 September 2007, as an interim measure, the
Court suspended the application of those provisions until
a final judgment is delivered.

Following that Order, the Member States have no longer
the possibility
suspended measures.
Therefore, certain Member States may have difficulties
to proceed with the immediate destruction of
the
animals concerned.

to apply

the

It is therefore necessary to reintroduce the derogation
that applied before the amendments made to the
relevant provisions of Annex VII to Regulation (EC) No
999/2001, by Regulation (EC) No 727/2007, in order to
allow Member States where the frequency of the ARR
allele within the breed or holding is low, or where it is
deemed necessary in order to avoid inbreeding, to delay
the destruction of
the animals concerned up to five
breeding years, as from the date of that Order.

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

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

opinion

the

the

of

L 317/62

EN

Official Journal of the European Union

5.12.2007

HAS ADOPTED THIS REGULATION:

Article 1

In Annex VII, Chapter A, point 2.3, the following point (f) is
added:

‘(f) Where the frequency of the ARR allele within the breed
or holding is low, or where it is deemed necessary in
order to avoid inbreeding, a Member State may decide to

delay the destruction of animals as referred to in point
2.3 (b)(i) and (ii) for up to five breeding years.’

Article 2

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

It shall apply from 28 September 2007.

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

Done at Brussels, 4 December 2007.

For the Commission

Markos KYPRIANOU
Member of the Commission