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Document 32014R1148
Commission Regulation (EU) No 1148/2014 of 28 October 2014 amending Annexes II, VII, VIII, IX and X 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
Commission Regulation (EU) No 1148/2014 of 28 October 2014 amending Annexes II, VII, VIII, IX and X 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
Commission Regulation (EU) No 1148/2014 of 28 October 2014 amending Annexes II, VII, VIII, IX and X 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
OJ L 308, 29.10.2014, p. 66–79
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
Relation | Act | Comment | Subdivision concerned | From | To |
---|---|---|---|---|---|
Modifies | 32001R0999 | Replacement | annex II chapter B PT 2 | 18/11/2014 | |
Modifies | 32001R0999 | Replacement | annex II chapter B PT 1 | 18/11/2014 | |
Modifies | 32001R0999 | Replacement | annex IX chapter H PT 2.ii | 01/01/2015 | |
Modifies | 32001R0999 | Replacement | annex VIII chapter A SECTION A PT 3.2 | 18/11/2014 | |
Modifies | 32001R0999 | Replacement | annex X | 18/11/2014 | |
Modifies | 32001R0999 | Replacement | annex VIII chapter A SECTION A PT 1.3 point G) | 01/01/2015 | |
Modifies | 32001R0999 | Addition | annex VIII chapter A SECTION A PT 2.3 | 18/11/2014 | |
Modifies | 32001R0999 | Amendment | annex II chapter D PT 3 | 18/11/2014 | |
Modifies | 32001R0999 | Replacement | annex VIII chapter A SECTION A PT 1.2 point G) | 01/01/2015 | |
Modifies | 32001R0999 | Replacement | annex VIII chapter A SECTION A PT 4.2 point E) | 01/01/2015 | |
Modifies | 32001R0999 | Replacement | annex VII chapter B PT 2.2.1 L1 | 18/11/2014 |
29.10.2014 |
EN |
Official Journal of the European Union |
L 308/66 |
COMMISSION REGULATION (EU) No 1148/2014
of 28 October 2014
amending Annexes II, VII, VIII, IX and X 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 bovine, ovine and caprine 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) |
Annex II to Regulation (EC) No 999/2001 lays down rules governing the determination of the bovine spongiform encephalopathy (BSE) status of Member States or third countries or regions thereof. These rules are based on the international standard established by the World Organisation for Animal Health (OIE) in the Terrestrial Animal Health Code (the Code). In the BSE chapter of the 2013 version of the Code, the expression ‘release assessment’ has been replaced by ‘entry assessment’, and the table providing the points targets for a country or region has been significantly amended to better meet the needs of countries with a small or very small cattle population. These amendments should be reflected in Annex II. |
(3) |
Point 2.2.1 of Chapter B of Annex VII to Regulation (EC) No 999/2001 refers to the methods and protocols set out in Annex X. The wording of this point should be amended to reflect amendments to Annex X brought by this act. |
(4) |
Chapter A of Annex VIII to Regulation (EC) No 999/2001 lays down rules governing intra-Union trade in live animals, semen and embryos, including the exemption of homozygous ovine ARR embryos from any other classical scrapie related requirement in intra-Union trade. On 24 January 2013, the European Food Safety Authority (EFSA) adopted a scientific opinion on the risk of transmission of classical scrapie via in vivo derived embryo transfer in ovine animals (2), where it concluded that the risk of transmitting classical scrapie by the implantation of homozygous or heterozygous ovine ARR embryos could be considered negligible providing that the OIE recommendations and procedures relating to embryo transfer are adhered to. The relevant provisions of Annex VIII should therefore be amended to also exempt intra-Union trade of heterozygous ovine ARR embryos from any other classical scrapie related requirement. |
(5) |
In certain language versions of Regulation (EC) No 999/2001, there is a terminology incoherence between Points 1.2. and 1.3 of Section A of Chapter A of Annex VIII to that Regulation and the rest of the text. For the sake of coherence, the same term should be used in the language versions concerned. |
(6) |
Point 2 of Section A of Chapter A of Annex VIII to Regulation (EC) No 999/2001 lays down the rules governing the approval of the negligible risk status for classical scrapie of a Member State or zone of a Member State. On 4 July 2013, Austria submitted to the Commission the appropriate supporting documentation. Given the favourable outcome of the assessment of this application by the Commission, Austria should be listed as a Member State with a negligible risk of classical scrapie. |
(7) |
Point 3.2 of Section A of Chapter A of Annex VIII to Regulation (EC) No 999/2001 lists Member States with an approved national control programme for classical scrapie. Considering that Austria should be listed as a Member State with a negligible risk of classical scrapie, it should simultaneously be deleted from the list of Member States with an approved national control programme for classical scrapie, as this status offers guarantees over and above those offered in the control programme. |
(8) |
Chapter H of Annex IX to Regulation (EC) No 999/2001 lays down rules for the import in the Union of ovine and caprine semen and embryos. These import rules should be updated to reflect amendments to Annex VIII brought by this act. |
(9) |
Annex X to Regulation (EC) No 999/2001 lays down the methods of analysis applicable to TSE testing in bovine, ovine and caprine animals. This Annex should be reviewed to update the information on the designated laboratories, adjust the reference to various guidelines, harmonize some technical terms, and clarify the discriminatory testing process in case of positive TSE cases in ovine and caprine animals, in accordance with the latest scientific knowledge and current practices in the Union. |
(10) |
Point 4 of Chapter C of Annex X to Regulation (EC) No 999/2001 sets out the lists of rapid tests approved for the monitoring of TSEs in bovine, ovine and caprine animals. On 18 September 2013, IDEXX made an application in order that the name of the test IDEXX HerdChek BSE-Scrapie Antigen Test Kit, EIA be changed to HerdChek BSE-Scrapie Antigen (IDEXX Laboratories). The new package insert for this test has been approved by the European Union Reference laboratory for TSEs on 2 May 2013. Furthermore, on 6 December 2013, the Enfer Group informed that it has ceased the manufacture of the Enfer Version 3 TSE diagnostic kit and requested the deletion of this kit from the list of approved BSE rapid tests in bovine animals. The lists in point 4 of Chapter C of Annex X should therefore be adapted accordingly. |
(11) |
In order to offer sufficient time to Member States to align their scrapie-related certification procedures for ovine embryos, certain amendments introduced by this Regulation should apply from 1 January 2015. |
(12) |
Regulation (EC) No 999/2001 should therefore be amended accordingly. |
(13) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
HAS ADOPTED THIS REGULATION:
Article 1
Annexes II, VII, VIII, IX and X to Regulation (EC) No 999/2001 are amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Paragraphs (a), (b) and (e) of point 3 and point 4 of the Annex shall apply from 1 January 2015.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 October 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 147, 31.5.2001, p. 1.
(2) EFSA Journal 2013; 11(2):3080.
ANNEX
Annexes II, VII, VIII, IX and X to Regulation (EC) No 999/2001 are amended as follows:
(1) |
Annex II is amended as follows:
|
(2) |
In Annex VII, the first paragraph in point 2.2.1 of Chapter B is replaced by the following: ‘If BSE cannot be excluded after the results of the secondary molecular testing carried out in accordance with the methods and protocols set out in Annex X, Chapter C, point 3.2(c) (ii), the killing and complete destruction, without delay, of all animals, embryos and ova identified by the inquiry referred to in the second to fifth indents of point 1(b).’ |
(3) |
In Annex VIII, Section A of Chapter A is amended as follows:
|
(4) |
In Annex IX, point (ii) of point 2 of Chapter H is replaced by the following:
|
(5) |
Annex X is replaced by the following: ‘ANNEX X REFERENCE LABORATORIES, SAMPLING AND LABORATORY ANALYSIS METHODS CHAPTER A National reference laboratories
CHAPTER B EU reference laboratory
CHAPTER C Sampling and laboratory testing 1. Sampling Any samples intended to be examined for the presence of a TSE shall be collected using the methods and protocols laid down in the latest edition of the Manual for diagnostic tests and vaccines for Terrestrial Animals of the World Organisation for Animal Health (OIE) (the Manual). In addition to, or in the absence of, OIE methods and protocols, and to ensure that sufficient material is available, the competent authority shall ensure the use of sampling methods and protocols in accordance with guidelines issued by the EU reference laboratory. In particular the competent authority shall collect the appropriate tissues, according to the available scientific advice and the guidelines of the EU reference laboratory, in order to ensure the detection of all known strains of TSE in small ruminants and shall keep at least half of the collected tissues fresh but not frozen until the result of the rapid test is negative. Where the result is positive or inconclusive the residual tissues must be subject to confirmatory testing, and be processed subsequently in accordance with the EU reference laboratory guidelines on discriminatory testing and classification — “TSE strain characterisation in small ruminants: A technical handbook for National Reference Laboratories in the EU”. The samples shall be correctly marked as to the identity of the sampled animal. 2. Laboratories Any laboratory examination for TSE shall be carried out in official diagnostic laboratories designated for that purpose by the competent authority. 3. Methods and protocols 3.1. Laboratory testing for the presence of BSE in bovine animals (a) Samples from bovine animals sent for laboratory testing pursuant to the provisions of Article 12(2) shall immediately be subjected to confirmatory examinations using at least one of the following methods and protocols laid down in the latest edition of the Manual:
If the histopathological examination is inconclusive or negative, the tissues shall be submitted to a further examination by one of the other confirmatory methods and protocols. Rapid tests may be used for both primary screening of suspect cases and, if inconclusive or positive, for subsequent confirmation, according to the guidelines from the EU reference laboratory — “OIE rules for the official confirmation of BSE in bovines (based on an initial reactive result in an approved rapid test) by using a second rapid test”, and provided that:
If the result of one of the confirmatory examinations referred to in points (i) to (v) of the first subparagraph is positive, the animal shall be regarded as a positive BSE case. (b) Samples from bovine animals sent for laboratory testing pursuant to the provisions of Annex III, Chapter A, Part I shall be examined by a rapid test. When the result of the rapid test is inconclusive or positive, the sample shall immediately be subjected to confirmatory examinations using at least one of the following methods and protocols laid down in the latest edition of the Manual:
Where the histopathological examination is inconclusive or negative, the tissues shall be submitted to a further examination by one of the other confirmatory methods and protocols. Rapid tests may be used for both primary screening and, if inconclusive or positive, for subsequent confirmation, according to the guidelines from the EU reference laboratory — “OIE rules for the official confirmation of BSE in bovines (based on an initial reactive result in an approved rapid test) by using a second rapid test”, and provided that:
An animal shall be regarded a positive BSE case if the result of the rapid test is inconclusive or positive, and at least one of the confirmatory examinations referred to in points (i) to (v) of the second subparagraph is positive. (c) Samples from all positive BSE cases shall be forwarded to a laboratory, appointed by the competent authority, which has participated successfully in the latest proficiency testing organised by the EU reference laboratory for discriminatory testing of confirmed BSE cases, where they shall be further tested in accordance with the methods and protocols laid down in the EU reference laboratory's method for the classification of bovine TSE isolates (a two-blot method for the provisional classification of bovine TSE isolates). 3.2. Laboratory testing for the presence of TSE in ovine and caprine animals (a) Samples from ovine and caprine animals sent for laboratory testing pursuant to the provisions of Article 12(2) shall immediately be subjected to confirmatory examinations using at least one of the following methods and protocols laid down in the latest edition of the Manual:
In case the histopathological examination is inconclusive or negative, the tissues shall be submitted to a further examination by one of the other confirmatory methods and protocols. Rapid tests may be used for primary screening of suspect cases. Such tests may not be used for subsequent confirmation. Where the result of the rapid test used for primary screening of suspect cases is positive or inconclusive, the sample shall be subjected to an examination by one of the confirmatory examinations referred to in points (i) to (iv) of the first subparagraph. Where the histopathological examination is used for that purpose, but proves to be inconclusive or negative, the tissues shall be submitted to a further examination by one of the other confirmatory methods and protocols. If the result of one of the confirmatory examinations referred to in points (i) to (iv) of the first subparagraph is positive, the animal shall be regarded as a positive TSE case and further examination as referred to in point (c) shall be performed. (b) Samples from ovine and caprine animals sent for laboratory testing pursuant to the provisions of Annex III, Chapter A, Part II (Monitoring in ovine and caprine animals) shall be examined by a rapid test, in order to ensure the detection of all known strains of TSE. When the result of the rapid test is inconclusive or positive, the sampled tissues shall immediately be sent to an official laboratory for confirmatory examinations by histopathology, immunohistochemistry, Western blotting or demonstration of characteristic fibrils by electron microscopy, as referred to in point (a). If the result of the confirmatory examination is negative or inconclusive, the tissues shall be submitted to a further examination by immunohistochemistry or Western blotting. If the result of one of the confirmatory examinations is positive, the animal shall be regarded as a positive TSE case and further examination as referred to in point (c) shall be performed. (c) (i) Primary molecular testing with a discriminatory Western blotting method Samples from clinical suspect cases and from animals tested in accordance with Annex III, Chapter A, Part II, points 2 and 3 which are regarded as positive TSE cases but which are not atypical scrapie cases following the examinations referred to in points (a) or (b), or which display characteristics which are deemed by the testing laboratory to merit investigation, shall be examined using a discriminatory Western blotting method listed in the guidelines of the EU reference laboratory by an official diagnostic laboratory designated by the competent authority, which has participated successfully in the latest proficiency testing organised by the EU reference laboratory for the use of such a method. (ii) Secondary molecular testing with additional molecular testing methods TSE cases in which the presence of BSE cannot be excluded according to the guidelines issued by the EU reference laboratory by the primary molecular testing referred to in point (i), shall be referred immediately to the EU reference laboratory, with all the relevant information available. The samples shall be submitted to further investigation and confirmation by at least one alternative method, differing immunochemically from the original primary molecular method, depending on the volume and nature of the referred material, as described in the guidelines of the EU reference laboratory. These additional tests will be carried out in the following laboratories approved for the relevant method:
The results shall be interpreted by the EU reference laboratory assisted by a panel of experts referred to as the Strain Typing Expert Group (STEG), including a representative of the relevant national reference laboratory. The Commission shall be informed immediately about the outcome of that interpretation. (iii) Mouse bioassay Samples indicative of BSE or inconclusive for BSE, following secondary molecular testing, shall be further analysed by mouse bioassay for final confirmation. The nature or quantity of available material may influence the bioassay design, which will be approved by the EU reference laboratory assisted by the STEG on a case by case basis. Bioassays will be performed by the EU reference laboratory, or by laboratories designated by the EU reference laboratory. The results shall be interpreted by the EU reference laboratory assisted by the STEG. The Commission shall be informed immediately about the outcome of that interpretation. 3.3. Laboratory testing for the presence of TSEs in species other than those referred to in points 3.1 and 3.2 Where methods and protocols are established for tests carried out to confirm the suspected presence of a TSE in a species other than bovine, ovine and caprine, they shall include at least a histopathological examination of brain tissue. The competent authority may also require laboratory tests such as immunohistochemistry, Western blotting, demonstration of characteristic fibrils by electron microscopy or other methods designed to detect the disease associated form of the prion protein. In any case at least one other laboratory examination shall be carried out if the initial histopathological examination is negative or inconclusive. At least three different examinations with positive results shall be carried out in the event of the first appearance of the disease. In particular, where BSE is suspected in a species other than bovine animals, the cases shall be referred to the EU reference laboratory assisted by the STEG for further characterisation. 4. Rapid tests For the purposes of carrying out the rapid tests in accordance with Articles 5(3) and 6(1), only the following methods shall be used as rapid tests for the monitoring of BSE in bovine animals:
For the purposes of carrying out the rapid tests in accordance with Articles 5(3) and 6(1), only the following methods shall be used as rapid tests for the monitoring of TSE in ovine and caprine animals:
In all rapid tests, sample tissue on which the test must be applied must comply with the manufacturer's instructions for use. Producers of rapid tests must have a quality assurance system in place that has been approved by the EU reference laboratory and ensures that the test performance does not change. Producers must provide the EU reference laboratory with the test protocols. Changes to rapid tests and to test protocols may only be made after prior notification to the EU reference laboratory and provided that the EU reference laboratory finds that the change does not alter the sensitivity, specificity or reliability of the rapid test. That finding shall be communicated to the Commission and to the national reference laboratories. 5. Alternative tests (To be defined)’ |