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Document 32007R0722
Commission Regulation (EC) No 722/2007 of 25 June 2007 amending Annexes II, V, VI, VIII, IX and XI 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 (EC) No 722/2007 of 25 June 2007 amending Annexes II, V, VI, VIII, IX and XI 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 (EC) No 722/2007 of 25 June 2007 amending Annexes II, V, VI, VIII, IX and XI 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 164, 26.6.2007, p. 7–23
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV) This document has been published in a special edition(s)
(HR)
In force
26.6.2007 |
EN |
Official Journal of the European Union |
L 164/7 |
COMMISSION REGULATION (EC) No 722/2007
of 25 June 2007
amending Annexes II, V, VI, VIII, IX and XI 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 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 23 thereof,
Whereas:
(1) |
Regulation (EC) No 999/2001 lays down rules for the prevention, control and eradication of transmissible encephalopathies (TSEs) in 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) |
Article 5 of Regulation (EC) No 999/2001 provides that the bovine spongiform encephalopthy (BSE) status of Member States or third countries or regions thereof (countries or regions) is to be determined by classification into one of three categories. Annex II to that Regulation lays down rules for the determination of the BSE status of countries or regions. Article 5 of that Regulation also provides for a reassessment of the Community categorisation of countries following the establishment by the World Organisation for Animal health (OIE) of a procedure for the classification of countries by category. |
(3) |
Annex V to Regulation (EC) No 999/2001 lays down the rules for the collection and disposal of specified risk materials and Annex IX to that Regulation lays down the rules for the importation into the Community of live animals, embryos, ova and products of animal origin. |
(4) |
During the General Session of the World Organisation for Animal health (OIE) in May 2005, a new simplified procedure for the classification of countries according to their BSE risk based on three categories was adopted. |
(5) |
Regulation (EC) No 999/2001 was amended by Regulation (EC) No 1923/2006 in order to transpose that new simplified categorisation system into Community legislation. Following that amendment, Annexes II, V and IX to Regulation (EC) No 999/2001 should be amended to take account of the new categorisation system. |
(6) |
In the absence of a decision on the classification of countries in accordance with Article 5(2) or (4) of Regulation (EC) No 999/2001, the provisions in Article 9 and Annex VI did not apply. In view of the fact that the new categorisation system is to apply from 1 July 2007 and in order to align this Annex with the rules applicable under the transitional measures based on scientific evidence and with the amendments made to the Articles, Annex VI should be amended. |
(7) |
Annex VIII to Regulation (EC) No 999/2001 lays down the conditions for the placing on the market and export of live animals, their semen, embryos, ova and products of animal origin. Chapter C of that Annex lays down the conditions for intra-Community trade in certain products of animal origin. Those conditions should be amended to take into account of the new categorisation system. |
(8) |
Point 5 of Part D of Annex XI to Regulation (EC) No 999/2001 lays down measures concerning intra-Community trade of bovine animals born or reared on the United Kingdom before 1 August 1996 and importation into the Community of meat products derived from cervid animals. For human and animal health protection reasons, these measures should continue to apply after 1 July 2007. |
(9) |
For clarity and consistency reasons the provisions for intra-Community trade and export to third countries of bovine animals born or reared on the United Kingdom before 1 August 1996 should be laid down in Annex VIII and the provisions for importation of meat products derived from cervid animals should be laid down in Annex IX. |
(10) |
The transitional measures concerning specified risk material contained in Annex XI to Regulation (EC) No 999/2001 should cease to apply with respect to each country or region immediately following the date of adoption of a decision on classification of that country or region. Annex XI should therefore be repealed. |
(11) |
Regulation (EC) No 999/2001 should therefore be amended accordingly. |
(12) |
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, V, VI, VIII, IX and XI 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 third day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 June 2007.
For the Commission
Markos KYPRIANOU
Member of the Commission
(1) OJ L 147, 31.5.2001, p. 1. Regulation as last amended by Regulation (EC) No 1923/2006 (OJ L 404, 30.12.2006, p. 1).
ANNEX
Annexes II, V, VI, VIII, IX and XI to Regulation (EC) No 999/2001 are amended as follows:
(1) |
Annex II to Regulation (EC) No 999/2001 is replaced by the following: ‘ANNEX II DETERMINATION OF BSE STATUS CHAPTER A Criteria The BSE status of Member States or third countries or regions thereof (hereinafter referred to as countries or regions), shall be determined on the basis of the criteria set out in points (a) to (e). In the country or region:
CHAPTER B Risk analysis 1. Structure of the risk analysis The risk analyses shall comprise a release assessment and an exposure assessment. 2. Release assessment (external challenge)
3. Exposure assessment The exposure assessment shall consist of assessing the likelihood of exposure of bovine animals to the BSE agent, through a consideration of the following:
CHAPTER C Definition of categories I. COUNTRY OR REGION WITH A NEGLIGIBLE BSE RISK A country or region:
II. COUNTRY OR REGION WITH A CONTROLLED BSE RISK A country or region
III. COUNTRY OR REGION WITH UNDETERMINED BSE RISK A country or region for which the determination of BSE status has not been concluded, or which does not meet the conditions to be fulfilled by the country or region to be classified in one of the other categories. CHAPTER D Minimal surveillance requirements 1. Surveillance types For the purpose of this Annex, the following definitions shall apply:
2. Surveillance strategy
3. Points values and point targets Surveillance samples must meet the point targets set out in Table 2, on the basis of “point values” fixed in Table 1. All clinical suspects shall be investigated, regardless of the number of points accumulated. A country shall sample at least three out of the four sub-populations. The total points for samples collected shall be accumulated over a period of a maximum of seven consecutive years to achieve the target number of points. The total points accumulation shall be periodically compared to the target number of points for a country or region. Table 1 Surveillance point values for samples collected from animals in the given sub-population and age category
Table 2 Points targets for different adult bovine animals population sizes in a country or region
4. Specific targeting Within each of the sub-populations above in a country or region, a country may target bovine animals identifiable as imported from countries or regions where BSE has been detected and bovine animals which have consumed potentially contaminated feedstuffs from countries or regions where BSE has been detected. 5. BSE surveillance model A country may choose to use the full BSurvE model or an alternative method based on the BSurvE model to estimate its BSE presence/prevalence. 6. Maintenance surveillance Once the points target has been achieved, and in order to continue to designate the status of a country or region as controlled BSE risk or negligible risk, surveillance can be reduced to Type B surveillance (provided all other indicators remain positive). However, to continue to comply with the requirements laid down in this Chapter, ongoing annual surveillance must continue to include at least three of the four prescribed sub-populations. In addition all bovine animals clinically suspected of being infected with BSE shall be investigated regardless of the number of points accumulated. The annual surveillance in a country or region following the achievement of the required points target, shall be no less than the amount required for one-seventh of its total Type B surveillancetarget.’ |
(2) |
Annex V is replaced by the following: ‘ANNEX V SPECIFIED RISK MATERIAL 1. Definition of specified risk material The following tissues shall be designated as specified risk material if they come from animals whose origin is in a Member State or third country or of one of their region with a controlled or undetermined BSE risk:
2. Derogation for Member States By way of derogation from point 1, tissues listed in that point whose origin is in Member States with a negligible BSE risk shall continue to be considered as specified risk material. 3. Marking and disposal Specified risk material shall be stained with a dye or, as appropriate, otherwise marked, immediately on removal, and disposed of in accordance with the provisions laid down in Regulation (EC) No 1774/2002, and in particular in Article 4(2) thereof. 4. Removal of specified risk material
5. Measures concerning mechanically separated meat Notwithstanding the individual decisions referred to in Article 5(2), and by way of derogation from Article 9(3), it shall be prohibited in all Member States to use bones or bone-in cuts of bovine, ovine and caprine animals for the production of mechanically separated meat. 6. Measures concerning laceration of tissues Notwithstanding the individual decisions referred to in Article 5(2), and by way of derogation from Article 8(3), in all Member States, until all Member States are classified as countries with negligible BSE risk, laceration of central nervous tissue by means of an elongated rod-shaped instrument introduced into the cranial cavity after stunning shall be prohibited in bovine, ovine or caprine animals whose meat is intended for human or animal consumption. 7. Harvesting of tongues from bovine animals Tongues of bovine animals of all ages intended for human or animal consumption shall be harvested at the slaughterhouse by a transverse cut rostral to the lingual process of the basihyoid bone. 8. Harvesting of bovine head meat
9. Harvesting of bovine head meat in authorised cutting plants By way of derogation from point 8, Member States may decide to allow the harvesting of head meat from bovine in cutting plants specifically authorised for this purpose and provided that the following conditions are complied with:
10. Rules on trade and export
11. Controls
|
(3) |
Annex VI is replaced by the following: ‘ANNEX VI PRODUCTS OF ANIMAL ORIGIN DERIVED FROM OR CONTAINING RUMINANT MATERIAL, AS REFERRED TO IN ARTICLE 9(1)’ |
(4) |
Annex VIII is amended as follows:
|
(5) |
Annex IX is amended as follows:
|
(6) |
Annex XI is deleted. |
(*1) OJ L 21, 28.1.2004, p. 11.’
(*2) OJ L 139, 30.4.2004, p. 55, as corrected by OJ L 226, 25.6.2004, p. 22.’ ”
(1) Design prevalence is used to determine the size of a testing survey expressed in terms of target points. If the actual prevalence is greater than the selected design prevalence, the survey is highly likely to detect disease.
(2) Bovine animals over 36 months of age at routine slaughter.
(3) Bovine animals over 30 months of age which are found dead or killed on farm, during transport or at an abattoir (fallen stock).
(4) Bovine animals over 30 months of age that are non-ambulatory, recumbent, unable to rise or to walk without assistance; bovine animals over 30 months of age sent for emergency slaughter or with abnormal observations at ante-mortem inspection (casualty or emergency slaughter).
(5) Bovine animals over 30 months of age displaying behavioural or clinical signs consistent with BSE (clinical suspects).