Legal provisions of COM(1997)419 - Prohibition of the use of material presenting risks as regards transmissible spongiform encephalopathies

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dossier COM(1997)419 - Prohibition of the use of material presenting risks as regards transmissible spongiform encephalopathies.
document COM(1997)419 EN
date July 30, 1999


Contents

Article 1

For the purposes of this Decision 'specified risk material` shall be defined as follows:

(a) the skull, including the brain and eyes, tonsils and spinal cord of:

- bovine animals aged over 12 months,

- ovine and caprine animals which are aged over 12 months or have a permanent incisor tooth erupted through the gum;

(b) the spleens of ovine and caprine animals.

Article 2

The use of specified risk material for any purpose shall be prohibited.

Article 3

The use of the vertebral column of bovine, ovine and caprine animals for the production of mechanically recovered meat shall be prohibited.

Article 4

1. Specified risk material shall be stained with a dye on removal and either:

(a) destroyed by incineration;

or,

(b) provided that the colour of the dye is detectable after processing, processed and subsequently incinerated, buried, burned as fuel or otherwise disposed of by a similar method which precludes the risk of transmission of a TSE.

2. In exceptional circumstances and by way of derogation from paragraph 1, specified risk material may be burned or buried in strict compliance with the conditions laid down in Article 3 (2) of Council Directive 90/667/EEC (12).

3. Member States may derogate from the provisions of Article 2 and paragraphs 1 and 2 of this Article to allow the use of specified risk material:

(a) for the purposes of teaching or research in officially recognized establishments;

(b) for feeding for animals under conditions, in particular with regard to checks, to be established in accordance with the procedure laid down in Article 18 of Directive 89/662/EEC.

Article 5

To ensure the correct application of this Decision, Member States shall carry out regular official controls, particularly in slaughterhouses, cutting plants, storage facilities and animal waste processing plants, and take measures to avoid cross-contamination.

Article 6

1. Without prejudice to Article 4 (3) the import into the Community of specified risk material is prohibited.

2. In order to be imported into the Community, products of animal origin intended for food or feed shall be accompanied by the appropriate certificate, as required by Community legislation, supplemented by a declaration signed by the competent authority of the country of production, worded as follows:

'The product does not contain, and is not derived from, specified risk material as defined in Commission Decision 97/534/EC or mechanically recovered meat obtained from the vertebral column of bovine, ovine or caprine animals`.

3. In order to enable their products to be imported into the Community, producers of medical, pharmaceutical, or cosmetic products, or their starting materials or intermediate products, shall upon request by the competent authority of a Member State, supply a declaration signed by the competent authority of the country of production, worded as follows:

'The product does not contain, and is not derived from, specified risk material as defined in Commission Decision 97/534/EC`.

4. When implementing this Decision, the Community shall comply with obligations under international agreements.

Article 7

Member States may take further action in relation to animals slaughtered on their own territory.

Article 8

This Decision shall be reviewed regularly in the light of new scientific information with regard to the risk of exposure to TSEs resulting from infectivity in other animal species, age categories, tissues or materials. Where necessary this Decision shall be amended after consultation of the appropriate scientific committee and in accordance with the procedure laid down in Article 18 of Directive 89/662/EEC.

Article 9

This Decision shall be without prejudice to the provisions of Decision 96/239/EC.

Article 10

This Decision shall apply from 1 January 1998.

Article 11

This Decision is addressed to the Member States.