COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251 (2) of the EC Treaty concerning the common position of the Council on the adoption of a European Parliament and Council Regulation laying down rules for the prevention and control of certain transmissible spongiform encephalopathies

1998/0323 (COD)

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251 (2) of the EC Treaty concerning the common position of the Council on the adoption of a European Parliament and Council Regulation laying down rules for the prevention and control of certain transmissible spongiform encephalopathies

1. PROCEDURE

Date of transmission of the proposal to the EP and the Council (document COM(1998) 623-1 final - 1998/0323 (COD): 7 January 1999

Adoption by EP of report with 51 amendments in first reading: 17 May 2000

Submission of amended proposal to Council: 12 December 2000

Political agreement on Common Position by Council: 19 December 2000

Adoption by Council of its Common Position in accordance with Article 251 of the Treaty: 12 February 2001

Adoption of the ECOSOC report: 7-8 July 1999

2. PURPOSE OF THE PROPOSAL

The main objective of this proposal is to create a uniform legal base to deal with all animal and public health risks resulting from all animal transmissible spongiform encephalopathies. It is wider in scope than the existing veterinary legislation in that it covers exports to third countries and products that are currently not covered by veterinary legislation such as confectionery and marmalades. Secondly, it introduces new legislation for areas which are not yet covered by European Union (EU) rules such as eradication and rules for placing on the market covering the domestic market, intra-community trade, import and export. The proposal consolidates much of the existing legislation on BSE or TSEs, updates that legislation where necessary to take account of conclusions in either international fora (i.e. Office International des Epizooties or the World Health Organisation) or Scientific Committees.

3. COMMENTS ON THE COMMON POSITION

3.1 General comments on the Common Position / Fate of EP amendments

The Common Position takes on board 38 of the 40 Parliament amendments included in the amended proposal of the Commission. The large majority of the amendments were taken on board in full, the others were rephrased to find a suitable solution for all Member States. The Common Position also includes the three suggestions from Parliament to enable it to accept the Council Common Position.

The Council accepted in its Common position the form of the legal act (Regulation) and the possibility to cover exports whenever needed. It reinforced the eradication, surveillance and animal feed provisions. With respect to the latter two all measures adopted under Comitology in 2000 are included. It does however not reflect the Community provisional suspension on feeding processed animal proteins to all farmed animals, as this prohibition will end when the Regulation enters into force.

Of the two amendments not respected fully one concerns an unimportant amendment to a recital without changing the matching provisions. The second concerns the scrapie trade provisions on which the Council is divided. The Commission accepted in first reading to reinforce the scrapie trade rules as requested by Parliament. But the Presidency text contains a compromise presenting only a slight reinforcement from the current rules (3 instead of a 2-year statutory scrapie freedom for flocks of origin) together with recognition of national eradication programmes. Member States may ask for additional trade guarantees based on those programmes. The mandatory Community approval of those programmes assures a minimal level of harmonisation. The absence of either scientific or international guidance on scrapie prevention renders this compromise an acceptable temporary solution. Future adoption of implementing rules on scrapie on the basis of this Regulation will assure quick implementation of new scientific advice or the draft OIE scrapie Code to be presented for adoption in May 2001. The Commission can accept the Presidency compromise in view of the importance of having the legal base created enabling speedy future action on scrapie.

3.2 New provisions introduced by the Council

The Council took position by unanimity on all provisions.

3.2.1 Horizontal issues in relation to safeguard and inspection provisions

* Council amended the safeguard provisions largely in agreement with the position taken on other related proposals, and the inspection provisions as agreed after conciliation in the animal feed sector.

No objection, as the amendments are in line with the position of the Commission on other proposals under co-decision.

3.2.2 Classification of countries

The amendments seek an alignment to the latest developments concerning the international standard (Animal Health Code on BSE of the Office Internaional des Epizooties (OIE)). The procedure for classification remains essentially the same, i.e. Regulatory Committee procedure.

The large-scale sampling to enable verification of the geographic BSE status as evaluated by the Scientific Steering Committee has been extended with the testing of all fallen bovine animals during one year. The latter was suggested by Parliament's rapporteur to facilitate acceptance of the Council Common Position by Parliament.

No objection.

3.2.3 Education programmes

Council introduced co-financing to be agreed by Comitology.

No objection considering the procedural limitations.

3.2.4 Epidemio-surveillance and testing

Council added an obligation to test suspect sheep and goats for BSE as soon as practical test capable of distinguishing between scrapie and BSE is available.

No objection.

3.2.5 Feed ban

Council deleted the prohibition on storage and exportation of dog and cat food containing processed animal protein in high-risk Member States from the Articles. In the Annex it also deleted the extension of the ban on the use of mammalian protein for feeding cats in high-risk countries.

No objection, as no changes have been proposed to the legal base for either banning certain products in animal feed or the banning the use of material from ruminants originating in high-risk countries on the basis of another Article. The effect in terms of health protection of deleting the ban on storing and exporting cat and dog food containing animal protein from high-risk countries is considered to be limited. If the need arises in future to nevertheless ban certain ruminant material from high-risk countries animals for production of cat and dog food, or to ban mammalian protein for feeding cats and dogs, this can be done under the Comitology procedure.

3.2.6 Specified risk material

Council updated the list of tissues and removal/destruction conditions to the Commission Decisions taken in June and December 2000. It proposed not to remove SRMs in BSE free or provisionally free countries without reported BSE.

No objection.

3.2.7 Rules upon suspicion of BSE

Council proposed to place entire holdings with suspect animals under movement restriction immediately after notification of the suspicion. Derogation for equivalent guarantees under Comitology is foreseen.

No objection to this reinforcement.

3.2.8 Rules upon confirmation of BSE

* Council generalised the possibility for derogating under Comitology in view of equivalent measures.

No objection, considering the procedural limitations.

* Council proposed to delete the required minimal compensation level of 100% of the market value, not the obligation to compensate itself.

No objection as the principle of compensation is maintained.

* On confirmation of BSE in sheep and goats only the identifiable contacts need to be traced.

No objection.

3.2.9 Contingency plans

Council considerably weakened but did not delete the possibility for harmonisation of the national contingency plans.

No objection.

3.2.10 Rules for importation of live bovine animals and bovine products

Council reinforced the import conditions to reflect the conditions applying within the Community with respect to an effectively enforced mammalian protein to ruminant feed ban.

No objection.

3.2.11 Rules for placing on the market of bovine products in high-risk Member States

The amendments aim at limiting the controls of the Export Certified Herds and Date-based Schemes to dispatch from a high-risk Member States (age limits, verification survival of dam, full dedication of the production chain, extremely stringent official controls). However, the principal conditions of the schemes are maintained. Only products retrieved from animals born after the effective feed ban or coming from BSE free herds may be marketed domestically within a high-risk Member State.

No objection, as the principles of the schemes are maintained.

4. CONCLUSIONS

The Commission supports the Presidency text on the Common Position, which has been adopted by unanimity by the Council.

5. COMMISSION DECLARATIONS

The declarations made by the Commission or in conjunction with the Council are attached in the annex to the present communication.

ANNEX 1

COMMISSION DECLARATIONS

Re the test (recital 17)

"The Council and the Commission would point out that there is not yet any alternative test and the rapid test will be used to establish or adjust, where appropriate, the classification of Member States with regard to BSE. The Council calls on the Commission to speed up work on developing an alternative test."

Re Article 16(3)(a)

"The Council and the Commission would point that the date from which the prohibition on the feeding to ruminants of processed animal protein derived from mammals has been enforced will be determined in the light in particular of the results of checks made by the Food and Veterinary Office in individual Member States."

Re Annex VIII, Chapter D

"The Council and the Commission confirm that the provisions concerning exports do not constitute a general transfer of powers to the Community as regards rules applicable to exports".

Declarations of the Commission

"The Commission will, before 1 July 2001 on a case-by-case basis and according to the Regulatory Committee procedure, propose a derogation allowing certain Member States not to test all dead-on-farm bovine animals in remote areas where the animal density is low, taking into consideration the geographic BSE risk of the Member State concerned."

"The Commission will examine the possibility to extend the financial contribution already provided for, for testing of bovine animals in the second half of 2001, to the testing of all dead-on-farm bovine animals after that date."