5.8.97 Official Journal of the European Communities No L 211/45 COMMISSION DIRECTIVE 97/47/EC of 28 July 1997 amending the Annexes to Council Directives 77/101/EEC, 79/373/EEC and 91/357/EEC (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 77/101/EEC of 23 November 1976 on the marketing of straight feeding- stuffs (), as last amended by Directive 90/654/EEC (%), and in particular Article 10 thereof, Having regard to Council Directive 79/373/EEC of 2 April 1979 on the marketing of compound feeding- stuffs (), as last amended by Directive 96/24/EC (%), and in particular Article 10 (e} thereof, Whereas cases of bovine spongiform encephalopathy (BSE) have been reported in some Member States; whereas scrapie is also known to exist in some Member States; whereas BSE and scrapie agents may be transmitted by the oral route; Whereas BSE in bovine animals is considered to originate from the use in feed of protein obtained from ruminants, constituting a vector for the transmission of agents of transmissible spongiform encephalopathies and not effec- tively treated to inactivate such agents; Whereas, to protect ruminants from the health risks arising from the fact that methods of treating protein could not always ensure that the agents were totally inac- tivated, the Commission adopted Decision 94/381/EC of 27 June 1994 concerning certain protection measures with regard to bovine spongiform encephalopathy and the feeding of mammalian derived protein (%), as last amended by Decision 95/60/EC (%), whereas that instrument bans the feeding to ruminants of protein obtained from mammalian tissue while laying down that some products are to be exempted given that they present no health risk; Whereas, given the health risks associated with the feeding to ruminants of feedingstuffs containing infected protein derived from mammalian tissue and the fact that _the transmission of the disease to humans cannot be ruled out, the Council decided at its meeting of 1 to 3 April ) OJ No L 32, 3. 2. 1977, p. 1. No L 353, 17. 12. 1990, p. 48. No L 86, 6. 4. 1979, p. 30. No L 125, 23. 5. 1996, p. 33. No L 172, 7. 7. 1994, p. 23. No L 55, 11. 3. 1995, p. 43. 1996 to adopt additional measures to protect human and animal health; ‘ Whereas, for practical reasons and for the sake of legal consistency, Commission Decision 95/274/EC of 10 July 1995 amending Decision 91/516/EEC establishing a list of ingredients whose use is prohibited in compound feedingstuffs () prohibits the use of protein derived from mammalian tissue in compound feedingstuffs for rumin- ants; Whereas Directives 77/101/EEC and 79/373/EEC lay down general and specific rules for the marketing and labelling of straight and compound feedingstuffs; whereas, to prevent the users of feedingstuffs containing protein derived from certain tissue of mammals from feeding them to ruminants through ignorance of current feeding- stuffs and veterinary rules, appropriate labelling of such feedingstuffs must call attention to the prohibition on their use in ruminant feed; whereas Directive 77/101/EEC will be repealed by Council Directive 96/25/EC (¥) on the circulation of feed materials, and similar measures will therefore also have to be laid down in Directive 96/25/EC; Whereas the provisions laid down shall apply without prejudice to more stringent provisions which some Member States may have adopted as permitted by Article 1 (2) of Council Directive 90/667/EEC of 27 November 1990 laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedstuffs of animal or fish origin and amending Directive 90/425/EEC (°); Whereas Member States applying more stringent prohibi- tions must adapt the provisions on labelling in accord- ance with the prohibitions applying in those Member States; Whereas the categories of ingredients listed in Commis- sion Directive 91/357/EEC of 13 June 1991 laying down the categories of ingredients which may be used for the purposes of labelling compound feedingstuffs for animals other than pet animals (*°) allow several ingredients to be () OJ No L 167, 18. 7. 1995, p. 24. () OJ No L 125, 23. 5. 1996, p. 35. () OJ No L 363, 27. 12. 1990, p. S1. (" OJ No L 193, 17. 7. 1991, p. 34.