24.3.2007 EN Official Journal of the European Union L 84/37
COMMISSION DECISION
of 19 March 2007
on a survey for chronic wasting disease in cervids
(notified under document number C(2007) 860)
(Text with EEA relevance)
(2007/182/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
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 Article 6(1) thereof,
Whereas:
(1) Chronic wasting disease is a transmissible spongiform encephalopathy (TSE) affecting cervids, which is widespread in North America but which has never been reported to date in the Community.
(2) On 3 June 2004, the European Food Safety Authority (EFSA) published an opinion recommending that a targeted surveillance should be undertaken of cervids in the Community. The aim of such surveillance would be to detect the possible presence of TSEs in cervids. Accordingly, provision should be made for Member States to carry out surveys in line with that opinion.
(3) Regulation (EC) No 999/2001 lays down rules for the prevention, control and eradication of TSEs in animals. That Regulation, as amended by Regulation (EC) No 1923/2006 lays down provision for monitoring programmes for TSEs in cervids. Accordingly, it is now possible to provide for surveys for TSEs in cervids to be carried out by Member States in this Decision.
(4) Those surveys should include wild and farmed deer species. Since wild deer should primarily be sampled during the hunting season which is of limited duration, in order to allow Member States sufficient time to achieve target numbers of samples, this Decision should therefore apply following the adoption of Regulation (EC) No 1923/2006 amending Regulation (EC) No 999/2001.
(5) Member States should submit an annual report of the results of those surveys on cervids. The detection of a positive finding of TSE in cervids must be immediately reported to the Commission.
(6) Member States should ensure that cervids tested for TSEs do not enter the commercial food chain until a negative result has been obtained.
(7) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
Scope
This Decision lays down rules for a survey to detect the presence of chronic wasting disease (CWD) in animals of the deer family, namely cervids (the survey).
Definitions
For the purposes of this Decision the definitions set out in Annex I shall apply.
Scope of the survey
1.   Member States shall carry out a survey to detect the presence of CWD in cervids in accordance with the minimum requirements in Annex II.
2.   Member States shall complete their survey no later than the end of the 2007 hunting season.
Measures to be taken by Member States following testing for CWD
Member States shall carry out the measures set out in Annex III following testing for CWD.
Reports to be provided to the Commission by the Member States
Member States shall submit to the Commission the following reports:
(a) a report immediately following the discovery of a positive or inconclusive finding for transmissible spongiform encephalopathy in a cervid;
(b) an annual report of the results of surveys as set out in Annex IV.
Summary of reports by the Commission to the Member States
The Commission shall present to the Member States a summary of the reports provided for in Article 5.
Addressees
This Decision is addressed to the Member States.