Commission Regulation (EC) No 357/2008 of 22 April 2008 amending Annex V 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: 2008-04-22
Institutions: European Commission
Subjects: EU control, animal disease, disease prevention, health control, public health, veterinary inspection, veterinary legislation

23.4.2008

EN

Official Journal of the European Union

L 111/3

COMMISSION REGULATION (EC) No 357/2008

of 22 April 2008

amending Annex V 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 23a(g) thereof,

Whereas:

(1)

(2)

(3)

(4)

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 and in certain
specific cases to exports thereof.

Annex V to Regulation (EC) No 999/2001 lays down the
rules for the removal and disposal of specified risk
material.

Different factors indicate a favourable trend in the bovine
spongiform encephalopathy (BSE) epidemic and a clear
improvement of the situation in recent years due to the
risk-reducing measures in place,
in particular the total
feed ban and the removal and destruction of specified
risk material.

the

strategic goals

the Commission’s TSE
One of
Roadmap, adopted on 15 July 2005 (2),
is to ensure
and maintain the current level of consumer protection
by continuing to assure the safe removal of specified risk
material but to modify the list or the age of animals for
the removal of specified risk material based on new and
evolving scientific opinions.

(5)

In its opinion of 19 April 2007 the European Food
Safety Authority concluded that on the basis of current

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

last amended by
Commission Regulation (EC) No 315/2008 (OJ L 94, 5.4.2008,
p. 3).

(2) COM(2005) 322 final.

scientific knowledge likely detectable infectivity in the
central nervous system of cattle appears at about three
quarters of the incubation period and that it can be
predicted that the infectivity would be sub-detectable or
still absent in cattle aged 33 months.

The average age of BSE positive cases reported in the
Community increased from 86 to 121 months between
2001 and 2006. In the same period, only seven BSE
cases in bovine animals under the age of 35 months
out of a total of 7 413 BSE cases, based in a total of
more than 60 million bovine animals tested have been
reported in the Community.

A scientific basis therefore exists to review the age limit
for the removal of certain specified risk materials in
bovine animals,
in particular as regards the vertebral
column. In view of the development of the infectivity
in the central nervous system during the incubation
period, the age structure of positive BSE cases and the
decrease in exposure of cattle born after 1 January 2001,
the age limit for removing vertebral column,
including
dorsal root ganglia of bovine animals, as specified risk
material can be increased from 24 to 30 months.
in
Accordingly, the definition of specified risk material
Annex V to Regulation (EC) No 999/2001 should be
amended.

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

(6)

(7)

(8)

(9)

HAS ADOPTED THIS REGULATION:

Article 1

In Annex V to Regulation (EC) No 999/2001, point 1(a)(ii) is
replaced by the following:

‘(ii)

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 animals aged over 30 months; and’

L 111/4

EN

Official Journal of the European Union

23.4.2008

This Regulation shall enter into force on the third day following 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, 22 April 2008.

For the Commission

Androulla VASSILIOU
Member of the Commission