2001/165/EC: Commission Decision of 27 February 2001 amending as regards hydrolysed proteins Decision 2001/9/EC concerning control measures required for the implementation of Council Decision 2000/766/EC concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein (Text with EEA relevance) (notified under document number C(2001) 462)

Commission Decision
of 27 February 2001
amending as regards hydrolysed proteins Decision 2001/9/EC concerning control measures required for the implementation of Council Decision 2000/766/EC concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein
(notified under document number C(2001) 462)
(Text with EEA relevance)
(2001/165/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market(1), as last amended by Directive 92/118/EEC(2), and in particular Article 9(4) thereof,
Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market(3), as last amended by Directive 92/118/EEC(4), and in particular Article 10(4) thereof,
Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(5), and in particular Article 22 thereof,
Whereas:
(1) Council Decision 2000/766/EC of 4 December 2000 concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein(6), prohibits the feeding of processed animal proteins to certain farmed animals. This prohibition does not apply to certain processed animal proteins subject to conditions, which have been established by Decision 2001/9/EC.
(2) The recent developments of the BSE situation in the Community have led some Member States to take additional unilateral safeguard measures.
(3) In the light of that situation, the Council has invited on 4 December 2000 the Commission to request the Scientific Steering Committee (SSC) to evaluate the unilateral, temporary safeguard measures taken by some Member States, and to take appropriate action accordingly.
(4) The SSC adopted on 12 January 2001 an opinion on "the questions submitted by EC services following a request of 4 December 2000 by the EU Council of Agricultural Ministers regarding the safety with regard to BSE of cerain tissues and certain animal-derived products". This opinion addresses the safety of hydrolysed proteins derived from animal material other than hides and skin. In order to take account of that scientific opinion within the framework of Decision 2000/766/EC, it is necessary to lay down requirements for the production of hydrolysed proteins.
(5) Uncertainties on the interpretation of Article 2 of Decision 2001/9/EC have led to difficulties in implementing its provisions. Therefore, it is appropriate to clarify the provision of this Article and modify Article 1 accordingly.
(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,