26.2.2011 EN Official Journal of the European Union L 53/56
COMMISSION REGULATION (EU) No 189/2011
of 25 February 2011
amending Annexes VII and IX to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies
(Text with EEA relevance)
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (1), and in particular the first paragraph of Article 23 thereof,
Whereas:
(1) Regulation (EC) No 999/2001 lays down rules for the prevention, control and eradication of transmissible spongiform encephalopathies (TSEs) in animals. It applies to the production and placing on the market of live animals and products of animal origin and, in certain specific cases, to exports thereof.
(2) Chapter A of Annex VII to Regulation (EC) No 999/2001 lays down the eradication measures to be carried out following the confirmation of TSE in ovine and caprine animals. In the case of confirmation of TSE other than bovine spongiform encephalopathy (BSE) in an ovine or caprine animal, the eradication measures consist in either the killing and complete destruction of all animals on the holding or the killing and complete destruction of ovine animals genetically susceptible to scrapie on the holding and in the killing and the complete destruction of all caprine animals on the holding insofar as no genetic resistance to scrapie has been demonstrated in caprine animals.
(3) Chapter A of Annex VII to Regulation (EC) No 999/2001 also provides that the Member States may decide to delay the destruction of the animals by up to 5 breeding years subject to certain conditions. However, in the case of ovine or caprine animals kept for the production of milk with a view to placing it on the market, the killing and destruction of the animals may only be delayed for a maximum of 18 months. Regulation (EC) No 999/2001 does not define the starting date for that deferred period of 18 months. In the interests of certainty of Union legislation, it is appropriate to amend Annex VII to that Regulation so that the deferral period begins from the date of confirmation of the index case.
(4) In addition, in July 2010, the preliminary results of a scientific study (2) conducted by the Cypriot authorities under the supervision of the European Union Reference Laboratory (EURL) for TSEs showed that a genetic resistance to scrapie in caprine animals could exist. However, the definitive results of that study are not expected to be available before the second semester of 2012.
(5) If that study confirms the existence of a resistance to scrapie, it may be considered appropriate, from January 2013, to amend Regulation (EC) No 999/2001, in order to exempt scrapie resistant caprine animals from the requirements for killing and complete destruction laid down in Chapter A of Annex VII to that Regulation. In order to avoid the unnecessary killing and complete destruction of caprine animals that may be considered as scrapie resistant in the near future, on holdings where animals are kept for the production of milk with a view to placing it on the market, it is appropriate to prolong the deferral period for the killing and complete destruction of those animals for a period ending on 31 December 2012, where the index case was confirmed before 1 July 2011.
(6) Annex IX to Regulation (EC) No 999/2001 sets out rules for the importation into the Union of live animals, embryos, ova and products of animal origin. Chapter C of that Annex sets out the rules for imports of products of animal origin from bovine, ovine and caprine animals, and in particular gelatine.
(7) Article 16 of Regulation (EC) No 999/2001 provides that gelatine derived from hides and skins from healthy ruminants is not to be subject to restrictions on placing on the market pursuant to certain provisions of that Regulation. Therefore, imports into the Union of gelatine derived from hides and skins from healthy ruminants should also not be subject to those restrictions.
(8) Chapter D of Annex IX to Regulation (EC) No 999/2001 lays down the rules for imports of animal by-products and processed products derived therefrom from bovine, ovine and caprine animals.
(9) Certain animal by-products and derived products, as defined in Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) (3), do not present any risk of TSE transmission to humans or animals. Therefore, the health certification requirements laid down in Chapter D of Annex IX to Regulation (EC) No 999/2001 should not apply to imports of such products.
(10) Annexes VII and IX to Regulation (EC) No 999/2001 should therefore be amended accordingly.
(11) Regulation (EC) No 1069/2009 applies from 4 March 2011. In the interests of clarity and coherency of Union legislation, the amendments made to Chapter D of Annex IX to Regulation (EC) No 999/2001 by this Regulation should also apply from that date.
(12) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
Annexes VII and IX to Regulation (EC) No 999/2001 are amended in accordance with the Annex to this Regulation.
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Point 2(b) of the Annex to this Regulation shall apply from 4 March 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States.