2001/9/EC: Commission Decision of 29 December 2000 concerning control measures required for the implementation of Council Decision 2000/766/EC concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein (Text with EEA relevance) (notified under document number C(2000) 4412)

• Coming into Force: 01 January 2001,12 January 2001
• End of Effective Date: 31 August 2003
• Celex Number: 32001D0009
• ELI: http://data.europa.eu/eli/dec/2001/9(1)/oj
• Published date: 05 January 2001
• Date: 29 December 2000
• Official Gazette Publication: Official Journal of the European Communities, L 2, 05 January 2001

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32001D0009

2001/9/EC: Commission Decision of 29 December 2000 concerning control measures required for the implementation of Council Decision 2000/766/EC concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein (Text with EEA relevance) (notified under document number C(2000) 4412)

Official Journal L 002 , 05/01/2001 P. 0032 - 0040

Commission Decision

of 29 December 2000

concerning control measures required for the implementation of Council Decision 2000/766/EC concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein

(notified under document number C(2000) 4412)

(Text with EEA relevance)

(2001/9/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market(1), as last amended by Directive 92/118/EEC(2), and in particular Article 9(4) thereof,

Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market(3), as last amended by Directive 92/118/EEC, and in particular Article 10(4) thereof,

Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(4), and in particular Article 22 thereof,

Whereas:

(1) Council Decision 2000/766/EC of 4 December 2000 concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein(5), prohibits the feeding of processed animal proteins to certain farmed animals. This prohibition does not apply to certain processed animal proteins subject to conditions to be established.

(2) On 26 June 1998, the Scientific Steering Committee (SSC) adopted an opinion on the safety of dicalcium phosphate precipitated from ruminant bones. That opinion was updated by the SSC on 26 and 27 October 2000. In order to take account of that scientific opinion, it is necessary to lay down requirements for the production of dicalcium phosphate.

(3) On 22 and 23 October 1998, the Scientific Steering Committee (SSC) adopted an opinion on the safety of hydrolysed proteins produced from bovine hides. This opinion was updated by the SSC on 25 and 26 May 2000. In order to take account of that scientific opinion, it is necessary to lay down requirements for the production of hydrolysed proteins. The SSC stated that a maximum molecular weight of 10000 Daltons, for the final product produced, may be used as an indicator of the effectiveness of the production process.

(4) Decision 2000/766/EC establishes that placing on the market, trade, importation and exportation of processed animal proteins for animals not kept, fattened or bred for the production of food may be allowed by Member States. It is necessary to set conditions to ensure that such proteins cannot be used for non authorised purposes.

(5) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,

HAS ADOPTED THIS DECISION:

Article 1

1. Member States shall authorise the feeding of fishmeal to animals other than ruminants, only in accordance with the conditions laid down in Annex I.

2. Member States shall authorise the feeding of dicalcium phosphate to animals other than ruminants only in accordance with the conditions laid down in Annex II.

3. Member States shall authorise the feeding of hydrolysed proteins to animals other than ruminants, only in accordance with the conditions laid down in Annex III.

4. Member States shall ensure that, for the purpose of trade, dicalcium phosphate and hydrolysed proteins are accompanied by an official certificate as laid down in Annex IV.

5. Member States shall forward to the other Member States and to the Commission the list of approved processing plants producing fishmeal, dicalcium phosphate and hydrolysed proteins, which operate in accordance with the conditions laid down by this Decision, within 15 days after the entry into force of this Decision. Any modification to the list shall be notified immediately to the other Member States and to the Commission.

Article 2

Member States shall ensure that feedingstuffs, including pet food, containing processed animal proteins as defined by Decision 2000/766/EC, other than fishmeal...