1.10.2009 Official Journal of the European Union L 258/27 COMMISSION COMMISSION DECISION of 24 September 2009 concerning interim protection measures taken by France as regards the introduction onto its territory of milk and milk products coming from a holding where a classical scrapie case is confirmed (notified under document C(2009) 3580) (Only the French text is authentic) (2009/726/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety ('), and in particular Article 54(2) thereof, Whereas: 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 (?) applies to the production and placing on the market of live animals and products of animal origin. Annex VII to Regulation (EC) No 999/2001 lays down the measures to be taken in the event of suspicion or confirmation of a transmissible spongiform encepha- lopathy (TSE) in ovine or caprine animals in the Community. The rules for the placing on the market in the Community and for the importation into the Community of those animals and products thereof are laid down in Annexes VIII and IX thereto. Regulation (EC) No 178/2002 lays down rules governing food and feed in general, and food and feed safety in particular, at Community and national level. Article 53 of 31, 1.2.2002, p. 1. 0J L 0] L 147, 31.5.2001, p. 1. that Regulation provides that, where it is evident that food or feed originating in the Community or imported from a third country is likely to constitute a serious risk to human health, animal health or the environment, and that such risk cannot be contained satisfactorily by means of measures taken by the Member State(s) concerned, the Commission is to immediately adopt certain measures which may include the suspension of the placing on the market or importation of the food of animal origin in question. In addition, Article 54 of Regulation (EC) No 178/2002 provides that where a Member State officially informs the Commission of the need to take emergency measures, and where the Commission has not acted in accordance with Article 53 of that Regulation, the Member State may adopt interim protective measures and it is to immediately inform the other Member States and the Commission thereof. In that case, within 10 working days the Commission is to put the matter before the Standing Committee on the Food Chain and Animal Health (SCoFCAH) with a view to the extension, amendment or abrogation of the national interim protective measures. Pending the adoption of Community measures, the Member State may maintain its national interim protective measures. On 8 March 2007, the European Food Safety Authority (EFSA) adopted an Opinion of the Scientific Panel on Biological Hazards on a request from the European Commission on certain aspects related to the risk of TSE in ovine and caprine animals (}). In that opinion, EFSA concluded that: ‘There is no evidence for an epidemiological or molecular link between classical andfor atypical scrapie and TSEs in humans. The BSE agent is the only TSE agent identified as zoonotic. However, in view of their diversity it is currently not possible to exclude transmissibility to humans of other animal TSE agents’ (). (%) The EFSA Journal (2007), 466, pp. 1-10. (%) See point 4 of the opinion.