2003/322/EC: Commission Decision of 12 May 2003 implementing Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards the feeding of certain necrophagous birds with certain category 1 materials (Text with EEA relevance) (notified under document number C(2003) 1494)

13.5.2003 EN Official Journal of the European Union L 117/32
COMMISSION DECISION
of 12 May 2003
implementing Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards the feeding of certain necrophagous birds with certain category 1 materials
(notified under document number C(2003) 1494)
(Only the Spanish, Greek, French, Italian and Portuguese texts are authentic)
(Text with EEA relevance)
(2003/322/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (1), and in particular Article 23(2)(d) thereof,
Whereas:
(1) Regulation (EC) No 1774/2002 provides the possibility for Member States to authorise the feeding of endangered or protected species of necrophagous birds with certain category 1 material after consultation of the European Food Safety Authority, by derogation to the restrictions applicable to the use of animal by-products laid down in that Regulation.
(2) The Scientific Steering Committee issued an opinion on 7 and 8 November 2002 on the safety of necrophagous birds being possible transmitters of TSEs.
(3) According to that scientific opinion, practices of feeding on carcases of animal species susceptible to TSE should not lead to an artificial increase of the number of potential TSE-transmitting sources, and their possible spread. Also, feeding programmes of wild species such as necrophagous birds should not become an alternative way of disposal of fallen ruminant stock posing a TSE risk nor of specified risk material.
(4) Feeding of necrophagous birds with certain category 1 material may, therefore, be considered permissible on the basis of the opinion of the Scientific Steering Committee.
(5) Greece, Spain, France, Italy and Portugal have submitted requests for the authorisation of feeding of certain species of necrophagous birds with certain category 1 material.
(6) Those requests fulfil the conditions required in the scientific opinion of the Scientific Steering Committee. However, additional justification should be required to verify that there is no other way to conserve those species of necrophagous birds other than by feeding them with certain category 1 material, thereby leading to an unnecessary increase of potentially TSE-transmitting sources.
(7) In order to prevent a risk to animal or public health, it is necessary to lay down rules to be applied when authorising the feeding of those necrophagous birds with certain category 1 material.
(8) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,