COMMISSION DECISION
of 21 October 1999
amending Decision 98/653/EC concerning emergency measures made necessary by the occurrence of bovine spongiform encephalopathy in Portugal
(notified under document number C(1999) 3376)
(Text with EEA relevance)
(1999/713/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,
(1) Whereas Decision 98/653/EC of 18 November 1998 concerning emergency measures made necessary by the occurrence of bovine spongiform encephalopathy in Portugal(3), as amended by Decision 1999/517/EC(4), prohibits the dispatch from Portugal of live bovine animals, including fighting bulls; whereas Portugal has requested a derogation to allow the dispatch of fighting bulls; whereas the mission carried out in Portugal by the Food and Veterinary Office of the Commission from 22 February to 3 March 1999 concluded that it cannot be excluded that fighting bulls have been exposed to BSE contaminated feed; whereas, nevertheless, it recommended that the dispatch of fighting bulls could be allowed subject to appropriate controls and destruction of the animals after the fight in the Member State of destination ensuring that the carcases do not end up in the food or feed chain;
(2) Whereas Council Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport(5), as last amended by Council Directive 95/29/EC(6), lays down rules for the transportation of animals, in particular on maximum journey times and the handling of animals during transport;
(3) Whereas Council Directive 89/608/EEC of 21 November 1989 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of legislation on veterinary and zootechnical matters(7), and in particular Article 10 thereof, lays down the rules for the communication by the competent authorities in the Member States to the Commission of information on operations, which are, or appear to be, contrary to Decision 98/653/EC and which are of particular interest at Community level;
(4) Whereas Directive 90/425/EEC requires the Member State of destination to take appropriate measures in case of irregulaties; whereas protocols should be laid down for such measures in the Member States of destination;
(5) Whereas Decision 98/653/EC should be amended accordingly;
(6) Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
Decision 98/653/EC is amended as follows:
1. Article 3 is replaced by the following:
"Article 3
1. By way of derogation from Article 2, Portugal may authorise the dispatch from its territory to:
(a) other Member States or to third countries of food destined for domestic carnivores containing material referred to in Article 2(b) provided that the material did not originate from Portugal and that the conditions laid down in Articles 8 and 9 are complied with;
(b) other Member States of material referred to in Article 2(b) and (c) for the purpose of incineration in accordance with the conditions laid down in Annex I;
(c) other Member States of fighting bulls in accordance with the conditions laid down in Annex II.
2. The derogation provided for in paragraph 1(b) or paragraph 1(c) shall apply only if the Member State of destination has authorised the receipt of the material or the animals referred to therein.
3. Member States of destination shall inform the Commission and the other Member States of the list of incineration plants authorised to receive the material referred to in paragraph 1(b) and the list of bullfight arenas and connected premises authorised to receive fighting bulls.
4. The Member State of destination shall ensure that the material referred to in paragraph 1(b) is incinerated in accordance with Annex I and that fighting bulls, after having been used for the purpose as referred to in Annex II, are incinerated.
5. The Member State of destination shall keep full records demonstrating compliance with the Article.
6. The Commission, after having verified on-the-spot in the Member State of destination the application, as appropriate, of the provisions of this Article on the basis of a Community inspection and after having informed the Member States, shall set the date on which the dispatch of the material referred to in paragraph 1(b) may commence.
7. The Commission, after having assessed the protocols referred to in Annex II point 13 and after having informed the Member States, shall set the date on which the dispatch of the fighting bulls may commence."
2. In Article 5(1)(a), "Annex II" is replaced by "Annex III".
3. The present Annex II to Decision 98/653/EC becomes "Annex III" and Annex II as set out in the Annex to this Decision is inserted.
This Decision is addressed to the Member States.