98/272/EC: Commission Decision of 23 April 1998 on epidemio-surveillance for transmissible spongiform encephalopathies and amending Decision 94/474/EC (Text with EEA relevance)

COMMISSION DECISION of 23 April 1998 on epidemio-surveillance for transmissible spongiform encephalopathies and amending Decision 94/474/EC (Text with EEA relevance) (98/272/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, and in particular Article 10(4) thereof,
(1) Whereas new information has been published in the United Kingdom further supporting the hypothesis that exposure to the bovine spongiform encephalopathy (BSE) agent is linked to the new variant of Creutzfeldt Jacob Disease (CJD) in humans; whereas on 16 September 1997 the Spongiform Encephalopathy Advisory Committee (SEAC) of the United Kingdom concluded that recent research provided compelling new evidence that the agent which causes BSE is identical to the agent which causes the new variant of CJD in humans; whereas on 18 September 1997 the Advisory Committee on Dangerous Pathogens (ACDP) concluded that the BSE agent should now be classified as a human pathogen under Directive 90/425/EEC, the Member State of origin or dispatch is required to implement on its territory the appropriate measures to prevent all situations likely to constitute a serious hazard to animals or to human health;
(2) Whereas, pursuant to Council Directive 82/894/EEC (4), as last amended by Commission Decision 98/12/EC (5), Member States have since 1990 been obliged to notify all cases of BSE to the Commission and to the other Member States;
(3) Whereas pursuant to Council Directive 91/68/EEC (6), as last amended by Commission Decision 94/953/EC (7), since 1993 scrapie must be an officially notifiable disease in all Member States;
(4) Whereas the Scientific Veterinary Committee has stated on the basis of its risk assessment that several Member States including the United Kingdom have reported scrapie in native-born sheep, that the presence of scrapie cannot be excluded in any Member State where sheep are present and that only a thorough epidemiological investigation conducted to common standards will give the necessary information about the scrapie status of each country;
(5) Whereas inspections were carried out in Member States in 1996 and 1997 to check the implementation of Community measures on BSE; whereas the results of those inspections have revealed certain deficiencies, in particular in surveillance and implementation of the prohibition on use of mammalian protein in ruminant feed;
(6) Whereas in view of previous trade in certain products, in particular meat and bone meal and live animals, the possible presence of transmissible spongiform encephalopathy (TSE) agents cannot be ruled out in any of the Member States, subject to further scientific evaluation;
(7) Whereas the World Organisation for Animal Health (Office International des Epizooties (OIE)) in its international animal health code on bovine spongiform encephalopathy of May 1997 has recommended minimum requirements for effective surveillance; whereas the OIE has adopted guidelines for continuous surveillance and monitoring of bovine spongiform encephalopathy in its Code of January 1997;
(8) Whereas the Scientific Veterinary Committee in its report on surveillance of transmissible spongiform encephalopathies of 11 June 1997 has laid down guidelines taking account of the recommendations of the OIE;
(9) Whereas the measures provided for in this Decision are in accordance with that opinion and represent a harmonised approach towards effective TSE surveillance in the Member States; whereas more detailed rules will be laid down in Council legislation based on Article 100a of the Treaty;
(10) Whereas the measures provided for in this Decision will be applied in conjunction with Commission Decision 97/534/EC of 30 July 1997 on the prohibition of the use of material presenting risks as regards transmissible spongiform encephalopathies (8), as last amended by Council Decision 98/248/EC (9);
(11) Whereas investigation requirements for ante-mortem inspection in slaughterhouses of bovine animals were laid down in Commission Decision 94/474/EC (10), as last amended by Council Decision 98/256/EC (11); whereas those requirements are now set out in this Decision; whereas, therefore, the corresponding provisions of Decision 94/474/EEC should be deleted;
(12) Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,