4.2.2009 Official Journal of the European Union L 34/11 COMMISSION REGULATION (EC) No 103/2009 of 3 February 2009 amending Annexes VII and IX 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 the first paragraph of Article 23 thereof, Whereas: Regulation (EC) No 999/2001 lays down rules for the prevention, control and eradication of transmissible spongiform encephalopathies (TSEs) in animals. It 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 eradication measures to be carried out following the confirmation of a TSE in ovine and caprine animals. Annex IX to Regulation (EC) No 999/2001 lays down rules for the importation into the Community of live animals, embryos, ova and products of animal origin. On 6 November 2008 the European Food Safety Authority (EFSA) published an opinion on the human and animal exposure risk related to transmissible spon- giform encephalopathies from milk and milk products derived from small ruminants (?). In that opinion, EFSA concluded that classical scrapie can be transmitted from ewe to lamb via milk or colostrums. EFSA also stated that the use of milk and milk products from a flock with classical scrapie may carry a TSE exposure risk for humans and animals. Another conclusion of EFSA was that the breeding programmes for scrapie resistance in sheep can be expected to reduce human and animal exposure associated with small ruminants dairy products. As regards the atypical scrapie, EFSA further concluded that the apparent restricted dissemination of () O] L 147, 31.5.2001, p. 1. (®) The EFSA Journal (2008) 849, 1-47. the agent in the organism of affected individuals could limit the transmissibility through milk. As regards BSE, EFSA noted that no information is available concerning the presence of infectivity or PrP%¢ in colostrum or milk from small ruminants affected with BSE. However, because of the early and progressive peripheral dissemi- nation of the BSE agent in experimentally infected susceptible sheep, EFSA concluded that the occurrence of infectivity in colostrum and milk of BSE infected susceptible small ruminants would be likely. In view of those new scientific elements and in particular the proven transmissibility of classical scrapie through milk from ewe to lamb, at this stage new protective measures in relation to milk and milk products coming from classical scrapie infected flocks should be adopted in due time in order to prevent the spread of classical scrapie to other ruminant flocks through feeding. In order to ensure the same level of safety regarding imported milk and milk products of ovine and caprine origin, similar measures should apply to imports into the Community. Regulation (EC) No 999/2001 should therefore be amended accordingly. 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 VII and IX 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 20th day following its publication in the Official Journal of the European Union.