Commission Regulation (EC) No 1326/2001 of 29 June 2001 laying down transitional measures to permit the changeover to the Regulation of the European Parliament and of the Council (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies, and amending Annexes VII and XI to that Regulation

2001R1326 — EN — 01.09.2003 — 002.001

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

Amended by:

COMMISSION REGULATION (EC) No 1326/2001

of 29 June 2001

laying down transitional measures to permit the changeover to the Regulation of the European Parliament and of the Council (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies, and amending Annexes VII and XI to that Regulation

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), as last amended by Commission Regulation (EC) No 1248/2001 (2), and in particular Article 23 thereof,

HAS ADOPTED THIS REGULATION:

Article 1

By way of transitional measure derogating from Regulation (EC) No 999/2001:

1.the provisions of Regulation (EC) No 999/2001 listed in Annex I to this Regulation shall not apply to a Member State or third country until the entry into force of the decision determining the BSE status of that Member State or third country, adopted pursuant to Article 5 of Regulation (EC) No 999/2001. Annex XI, section D, shall apply to the Member State or third country concerned until that date. No such decision shall enter into force before 1 January 2002.

—————

Article 2

Article 3

Regulation (EC) No 999/2001 is amended as follows:

1.The text in Annex VII is replaced by the text in Annex II to this Regulation.

2.The text in Annex XI, section A, is replaced by the text in Annex III to this Regulation.

3.The text in Annex XI is completed with the text in Annex IV to this Regulation.

Article 4

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.

It shall apply from 1 July 2001.

However, the provisions of Annex XI, section A, point 5, fourth to seventh, ninth and tenth indents, and section D, point 2 and 3, to Regulation (EC) No 999/2001, as amended by the present Regulation, shall apply from 1 October 2001.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I

—Article 9 concerning certain products of ruminant animal origin,

—Article 15(1) concerning the placing on the market of live bovine animals, their semen, embryos and ova,

—Article 16(2), (3), (4) and (6) concerning the placing on the market of products of animal origin,

—Article 17 concerning the health certificates or commercial documents relating to trade,

—Article 18 concerning the health certificates relating to imports,

—Annex VIII, Chapter A(II), concerning the placing on the market of live bovine animals within the Communities,

—Annex VIII, Chapter C, concerning the placing on the market of products of bovine animal origin within the Communities,

—Annex IX, Chapters A, B, C, D, F and G, concerning the import from third countries of live bovine animals, products of bovine animal origin, bovine embryos and ova, and other products of ruminant animal origin.

ANNEX II

‘ANNEX VII

ERADICATION OF TRANSMISSIBLE SPONGIFORM ENCEPHALOPATHY

1.The inquiry referred to in Article 13(1)(b) must identify: (a)in the case of bovine animals: —all other ruminants on the holding of the animal in which the disease was confirmed, —where the disease was confirmed in a female animal, all its embryos, ova and its progeny collected or born within two years prior to, or after, clinical onset of the disease, —all animals of the cohort of the animal in which the disease was confirmed, —the possible origin of the disease, —other animals, embryos or ova, on the holding of the animal in which the disease was confirmed or on other holdings, which may have become infected by the TSE agent or been exposed to the same feed or contamination source, —the movement of potentially contaminated feedingstuffs, of other material or any other means of transmission, which may have transmitted the TSE agent to or from the holding in question; (b)in the case of ovine and caprine animals: —all ruminants other than ovine and caprine animals on the holding of the animal in which the disease was confirmed, —in so far as they are identifiable, the parents, all embryos, ova and the last progeny of the animal in which the disease was confirmed, —all animals of the cohort, to be defined in accordance with the procedure laid down in Article 24(2), of the animal in which the disease was confirmed, —all other ovine and caprine animals on the holding of the animal in which the disease was confirmed in addition to those mentioned in the second and third indents, —the possible origin of the disease and the identification of other holdings on which there are animals, embryos or ova which may have become infected by the TSE agent or been exposed to the same feed or contamination source, —the movement of potentially contaminated feedingstuffs, other material or any other means of transmission, which may have transmitted the BSE agent to or from the holding in question.

2.The measures laid down in Article 13(1)(c) shall comprise at least: (a)in case of confirmation of BSE in a bovine animal, the killing and complete destruction of bovine animals and the destruction of embryos and ova identified by the inquiry referred to in point 1(a), first, second and third indent. The Member State may decide not to kill and destroy all bovine animals on the holding of the animal in which the disease was confirmed as referred to in the first indent of point 1(a), depending upon the epidemiological situation and traceability of the animals on that holding; (b)in case of confirmation of BSE in an ovine or caprine animal, killing and complete destruction of all animals, embryos and ova identified by the inquiry referred to in point 1(b), second to sixth indents.’

ANNEX III

‘ANNEX XI

A. Concerning the removal of specified risk material

ANNEX IV

‘C.   Concerning prohibitions on animal feeding

Council Decision 2000/766/EC concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein, and Commission Decision 2001/9/EC concerning control measures required for the implementation of Council Decision 2000/766/EC, remain in force.

A decision may be taken in accordance with the procedure referred to in Article 24(2) to adapt Decision 2000/766/EC to the situation of each Member State in the light of the results of Commission inspections and the incidence of BSE, based on the results of BSE monitoring, with particular reference to testing of bovine animals, as established by Annex III.

D. Concerning placing on the market and export

1.The following provisions remain in force as transitional measures: Commission Decision 92/290/EEC of 14 May 1992 concerning certain protection measures relating to bovine embryos in respect of bovine spongiform encephalopathy (BSE) in the United Kingdom. Council Decision 98/256/EC of 16 March 1998 concerning emergency measures to protect against bovine spongiform encephalopathy, amending Decision 94/474/EC and repealing Decision 96/239/EC. Commission Decision 98/351/EC of 29 May 1998 setting the date on which dispatch from Northern Ireland of bovine products under the Export Certified Herds Scheme may commence by virtue of Article 6(5) of Council Decision 98/256/EC. Commission Decision 1999/514/EC of 23 July 1999 setting the date on which dispatch from the United Kingdom of bovine products under the date-based export scheme may commence by virtue of Article 6(5) of Council Decision 98/256/EC. Commission Decision 2000/345/EC of 22 May 2000 setting the date on which dispatch from Portugal to Germany of certain products for the purpose of incineration may commence by virtue of Article 3(6) of Decision 98/653/EC. Commission Decision 2000/371/EC of 6 June 2000 setting the date on which dispatch of fighting bulls from Portugal to France may commence by virtue of Article 3(7) of Decision 98/653/EC. Commission Decision 2000/372/EC of 6 June 2000 setting the date on which dispatch of fighting bulls from Portugal to Spain may commence by virtue of Article 3(7) of Decision 98/653/EC. Commission Decision 2001/376/EC of 18 April 2001 concerning measures made necessary by the occurrence of bovine spongiform encephalopathy in Portugal and implementing a date-based export scheme.

2.Imports of bovine animals are to be subject to the presentation of an international animal health certificate attesting that: (a)the feeding of ruminants with proteins derived from mammals has been banned and the ban has been effectively enforced; (b)the bovine animals intended for export to the Community are identified by a permanent identification system enabling them to be traced back to the dam and herd of origin and are not the progeny of BSE suspected females.

3.Imports of bovine embryos and ova are to be subject to the presentation of an international animal health certificate attesting that the feeding of ruminants with proteins derived from mammals has been banned and the ban has been effectively enforced.

4.Points 2 and 3 shall not apply to imports from: Australia Argentina Botswana Brazil Chile Costa Rica Namibia New Zealand Nicaragua Paraguay Uruguay Singapore Swaziland.’

(1) OJ L 147, 31.5.2001, p. 1.

(2) OJ L 173, 27.6.2001, p. 12.

(3) OJ L 306, 7.12.2000, p. 32.

(4) OJ L 2, 5.1.2001, p. 32.

(5) OJ L 58, 28.2.2001, p. 43.

(6) OJ L 152, 4.6.1992, p. 37.

(7) OJ L 113, 15.4.1998, p. 32.

(8) OJ L 157, 30.5.1998, p. 110.

(9) OJ L 195, 28.7.1999, p. 42.

(10) OJ L 121, 23.5.2000, p. 9.

(11) OJ L 134, 7.6.2000, p. 34.

(12) OJ L 134, 7.6.2000, p. 35.

(13) OJ L 132, 15.5.2001, p. 17.

(14) OJ L 158, 30.6.2000, p. 76.

(15) OJ L 137, 19.5.2001, p. 29.

(16) OJ C 88, 19.3.2001, p. 1.

(17) OJ L 194, 29.7.1994, p. 96.

(18) OJ L 172, 7.7.1994, p. 23.

(19) OJ L 184, 17.7.1999, p. 23.

(20) Council Directive 94/65/EC of 14 December 1994 laying down the requirements for the production and placing on the market of minced meat and meat preparations (OJ L 368, 31.12.1994, p. 10).

(21) Council Directive 77/99/EEC of 21 December 1976 on health problems affecting intra-Community trade in meat products (OJ L 26, 31.1.1977, p. 85). Directive as last amended by Council Directive 97/76/EC (OJ L 10, 16.1.1998, p. 25).