97/735/EC: Commission Decision of 21 October 1997 concerning certain protection measures with regard to trade in certain types of mammalian animal waste (Text with EEA relevance)

• Coming into Force: 22 October 1997,23 October 1997,22 November 1997
• End of Effective Date: 30 April 2004
• Celex Number: 31997D0735
• ELI: http://data.europa.eu/eli/dec/1997/735/oj
• Published date: 28 October 1997
• Date: 21 October 1997
• Official Gazette Publication: Official Journal of the European Communities, L 294, 28 October 1997

|

31997D0735

97/735/EC: Commission Decision of 21 October 1997 concerning certain protection measures with regard to trade in certain types of mammalian animal waste (Text with EEA relevance)

Official Journal L 294 , 28/10/1997 P. 0007 - 0016

COMMISSION DECISION of 21 October 1997 concerning certain protection measures with regard to trade in certain types of mammalian animal waste (Text with EEA relevance) (97/735/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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 (1), as last amended by Directive 92/118/EEC (2), and in particular Article 10 (4) thereof,

Whereas following scientific results on the inactivation of the agents of bovine spongiform encephalopathy (BSE) and scrapie, Commission Decision 96/449/EC (3) has laid down rules for the approval of alternative heat-treatment systems for the processing of mammalian animal waste in the Community;

Whereas during recent inspections and bilateral meetings certain Member States indicated that difficulties have been encountered in the implementation of the processing standards laid down in the Annex to Decision 96/449/EC; whereas pending full implementation of those processing standards, mammalian animal waste continues to be treated in systems which are ineffective for the complete inactivation of transmissible spongiform encephalopathy (TSE) agents; whereas Member States may authorize the processing of mammalian animal waste by a method which does not comply with the processing standards set out in the Annex to Decision 96/449/EC if such processing is preceded or followed by a process which achieves the parameters set out in that Annex or if the resulting proteinaceous material is destroyed by burial, incineration, burning as fuel or a similar method which ensures safe disposal;

Whereas mammalian meat-and-bone meal not produced in accordance with the Annex to Decision 96/449/EC could represent a risk for animal health regarding transmission of TSE agents; whereas it is necessary to prohibit the sending of such meat-and-bone meal to other Member States except under certain circumstances; whereas, in addition, the same prohibition should also apply to exports to third countries so as to prevent deflections of trade;

Whereas some Member States have informed the Commission that they do not have sufficient capacity on their territory to incinerate processed mammalian animal waste which has not been treated in accordance with Decision 96/449/EC and which was derived from carcasses of animals killed in the context of disease-control measures or containing parts of animals excluded from the feed and food chain according to national eradication plans for BSE; whereas such material is an intermediate product; whereas such material may be sent...