Regulation (EC) No 220/2009 of the European Parliament and of the Council of 11 March 2009 amending Regulation (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies, as regards the implementing powers conferred on the Commission
Date: 2009-03-11
Institutions: Council of the European Union, European Parliament
Subjects: EU control, European Commission, animal disease, disease prevention, health control, health risk, public health

31.3.2009

EN

Official Journal of the European Union

L 87/155

REGULATION (EC) No 220/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 11 March 2009

amending Regulation (EC) No 999/2001 laying down rules for the prevention, control and eradication
of certain transmissible spongiform encephalopathies, as regards the implementing powers conferred
on the Commission

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 152(4)(b) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

Having consulted the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251
of the Treaty (2),

Whereas:

(1) Regulation (EC) No 999/2001 of the European Parliament
and of the Council (3) provides that certain measures are to
be adopted in accordance with Council Decision 1999/
468/EC of 28 June 1999 laying down the procedures for
implementing powers conferred on the
the exercise of
Commission (4).

(2) Decision 1999/468/EC has been amended by Council
Decision 2006/512/EC (5), which introduced the regulatory
procedure with scrutiny for the adoption of measures of
general
scope and designed to amend non-essential
elements of a basic instrument adopted in accordance with
the procedure referred to in Article 251 of the Treaty, inter
alia, by deleting some of those elements or by supplement-
ing the instrument with new non-essential elements.

(3)

In accordance with the statement by the European
Parliament, the Council and the Commission (6) concerning
Decision 2006/512/EC, for the regulatory procedure with
scrutiny to be applicable to instruments adopted in
accordance with the procedure referred to in Article 251
of the Treaty which are already in force, those instruments
must be adjusted in accordance with the applicable
procedures.

(4) As regards Regulation (EC) No 999/2001, Regulation (EC)
No 1923/2006 of the European Parliament and of the
Council (7)
introduced the regulatory procedure with

(1) OJ C 211, 19.8.2008, p. 47.
(2) Opinion of the European Parliament of 23 September 2008 (not yet
Journal) and Council Decision of

published in the Official
16 February 2009.

(3) OJ L 147, 31.5.2001, p. 1.
(4) OJ L 184, 17.7.1999, p. 23.
(5) OJ L 200, 22.7.2006, p. 11.
(6) OJ C 255, 21.10.2006, p. 1.
(7) OJ L 404, 30.12.2006, p. 1.

scrutiny only for certain implementing measures which
were concerned by the amendments. Therefore, Regulation
(EC) No 999/2001 should be adapted for the remaining
implementing powers.

(5)

(6)

in ovine and caprine animals,

In particular, the Commission should be empowered to
approve rapid tests, to extend certain provisions to other
products of animal origin, to adopt implementing rules
including the method to confirm Bovine Spongiform
to
Encepalopathy (BSE)
modify the Annexes and to adopt transitional measures.
Since those measures are of general scope and are designed
to amend non-essential elements of Regulation (EC)
inter alia, by supplementing it with new
No 999/2001,
non-essential elements, they must be adopted in accordance
with the regulatory procedure with scrutiny provided for in
Article 5a of Decision 1999/468/EC.

It is also appropriate to limit, following confirmation of the
presence of a transmissible spongiform encepalopathy
(TSE), the possibility for Member States to apply other
measures to cases where the approval of those measures by
the Commission is based on a favourable risk assessment
taking particularly into account the control measures in
that Member State, and where those measures offer an
equivalent level of protection.

(7) Regulation (EC) No 999/2001 should be

amended

accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 999/2001 is hereby amended as follows:

1.

in Article 5(3), the third subparagraph shall be replaced by
the following:

‘The rapid tests shall be approved for that purpose in
accordance with the regulatory procedure with scrutiny
referred to in Article 24(3) and entered on a list set out in
Annex X, Chapter C, point 4.’;

L 87/156

EN

Official Journal of the European Union

31.3.2009

2.

Article 9(3) shall be replaced by the following:

6.

The first paragraph of Article 23 shall be replaced by the
following:

‘3.
Paragraphs 1 and 2 shall not apply, in the light of the
criteria set out in point 5 of Annex V, to ruminants which
have undergone an alternative test which has been
recognised in accordance with the regulatory procedure
with scrutiny referred to in Article 24(3), provided that this
test is listed in Annex X, where the results of the test were
negative.’;

‘After consultation of the appropriate scientific committee
on any question which could have an impact on public
health, the annexes shall be amended or supplemented and
any appropriate transitional measures shall be adopted in
accordance with the regulatory procedure with scrutiny
referred to in Article 24(3).’;

3.

In Article 13(1), the third subparagraph shall be replaced by
the following:

7.

Article 23a shall be amended as follows:

‘By way of derogation from this paragraph, a Member State
may apply other measures offering an equivalent level of
protection based on a favourable risk assessment pursuant
to Articles 24a and 25, taking particularly into account the
control measures in that Member State, if those measures
have been approved for that Member State in accordance
with the regulatory procedure referred to in Article 24(2).’;

(a)

point (a) shall be replaced by the following:

‘(a)

approval of the rapid tests referred to in Article 5
(3) third subparagraph, Article 6(1), Article 8(2)
and Article 9(3),’;

4.

Article 16(7) shall be replaced by the following:

(b)

the following points shall be added:

‘7.
In accordance with the regulatory procedure with
scrutiny referred to in Article 24(3), the provisions of
paragraphs 1 to 6 may be extended to other products of
animal origin. Rules for the implementation of this Article
shall be adopted in accordance with the regulatory
procedure referred to in Article 24(2).’;

5.

Article 20(2) shall be replaced by the following:

implementing rules

‘2. Where necessary to ensure the uniform application of
shall be adopted in
this Article,
accordance with the regulatory procedure referred to in
Article 24(2). The method to confirm BSE in ovine and
caprine animals shall be adopted in accordance with
the regulatory procedure with scrutiny referred to in
Article 24(3).’;

‘(k)

extension to other products of animal origin of
the provisions of paragraphs 1 to 6 of Article 16;

(l)

adoption of the method to confirm BSE in ovine
and caprine animals referred to in Article 20(2);

(m) amendment or addition to the annexes and
adoption of any appropriate transitional mea-
sures referred to in Article 23.’

Article 2

This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

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

Done at Strasbourg, 11 March 2009.

For the European Parliament

The President

H.-G. PÖTTERING

For the Council

The President

A. VONDRA