94/474/EC: Commission Decision of 27 July 1994 concerning certain protection measures relating to bovine spongiform encephalopathy and repealing Decisions 89/469/EEC and 90/200/EEC

COMMISSION DECISION of 27 July 1994 concerning certain protection measures relating to bovine spongiform encephalopathy and repealing Decisions 89/469/EEC and 90/200/EEC (94/474/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
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 (1), as last  amended by Directive 92/118/EEC (2), and in particular Article 10 (4) thereof,
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 (3), as last amended by Directive 92/118/EEC, and in particular Article 9  thereof,
Whereas cases of bovine spongiform encephalopathy (BSE) have been reported in the United Kingdom;
Whereas, in order to protect animal and public health in the Community, the Commission has adopted Decision 89/459/EEC of 28 July 1989 concerning certain protection measures relating to bovine spongiform encephalopathy in the United Kingdom (4), as last  amended by Decision 90/261/EEC (5), Decision 90/200/EEC of 9 April 1990 concerning additional requirements for some tissues and organs with respect to bovine spongiform encephalopathy (BSE) (6), as last amended by Decision 90/261/EEC, Decision  92/290/EEC of 14 May 1992 concerning certain protection measures relating to bovine embryos in respect of bovine spongiform encephalopathy in the United Kingdom (7), Decision 94/381/EC of 27 June 1994 concerning certain protection measures with regard  to bovine spongiform encephalopathy and the feeding of mammalian derived protein (8) and Decision 94/382/EC of 27 June 1994 on the approval of alternative heat treatment systems for processing animal waste of ruminant origin with a view to the  inactivation of spongiform encephalopathy agents (9);
Whereas as a result of measures taken in the United Kingdom the BSE epidemic is now declining;
Whereas new information continues to become available and the situation must be continually reviewed;
Whereas the Commission has carried out a detailed examination of the situation and all relevant scientific information with the Scientific Veterinary Committee;
Whereas the prohibition on feeding meat and bone meal (MBM) of ruminant origin to ruminants in July 1988 was the principle measure in controlling BSE; whereas, however, this prohibition has not been totally effective in preventing the occurrence of BSE  in bovines born between July 1988 and January 1991;
Whereas, in the opinion of the Scientific Veterinary Committee, the existing rules for trade in live calves under six months of age from the United Kingdom may continue;
Whereas, however, trade should not be re-established in older live cattle until the date of effectiveness of the ban on use of ruminant protein in ruminant rations is properly established;
Whereas the Scientific Veterinary Committee has recommended that bone-in bovine meat from the United Kingdom should be traded only if it comes from herds with no case of BSE during the previous six years; whereas such meat will require no further action  with respect to removal of certain tissues in the Member State of destination;
Whereas bovine meat from holdings in the United Kingdom which have had a case of BSE in the previous six years must be trimmed in such a way as to demonstrate that tissues which might contain BSE infectively have been removed;
Whereas Decision 94/382/EC has established standards for the production of meat and bone meal containing ruminant material throughout the Community; whereas these standards must be implemented by 1 January 1995 at the latest;
Whereas the United Kingdom should not send meat and bone meal containing ruminant protein to other countries unless it is processed according to these standards;
Whereas the Scientific Veterinary Committee has expressed the need for strict implementation and policing of the relevant rules in relation to BSE;
Whereas it is necessary to amend the provisions of Decisions 89/469/EEC and 90/200/EEC, as amended, in accordance with the recommendations of the Scientific Veterinary Committee;
Whereas, for reasons of clarity, it is opportune to adopt a new decision and to repeal Decisions 89/469/EEC and 90/200/EEC;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,