8. 8. 97 Official Journal of the European Communities No L 216/95 COMMISSION DECISION of 30 July 1997 on the prohibition of the use of material presenting risks as regards transmissible spongiform encephalopathies (Text with EEA relevance) (97/534/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 ('), as last amended by Directive 92/118/EEC (?), and in particular Article 9 (4) thereof, Having regard to Council Directive 90/425/EEC of 26 June 1950 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 (}), as last amended by Directive 92/118/EEC, and in particular Article 10 (4) thereof, Having regard to Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organization of veterinary checks on products entering the Community from third countries (*), as last amended by Directive 96/43/EC (), and in particular Article 19 thereof, . (1) Whereas according to the second subparagraph of Atticle 9 (1) of Directive 89/662/EEC and the second subparagraph of Article 10 (1) of Directive 90/425/EEC, the Member State of origin or dispatch is required to implement on its territory the appro- priate measures to prevent all situations likely to constitute a serious hazard to animals or to human health; (2) Whereas as a result of information on the appearance of cases of a new variant of Creutzfeldt-]Jakob disease in the United Kingdom a risk of transmission of the bovine spongiform encephalopathy (BSE) agent to humans or other animals cannot be ruled out; (3) Whereas Commission Decision 94/381/EC of 27 June 1994 concerning certain protection measures with regard to bovine spongiform encephalopathy () OJ No L 395, 30. 12. 1989, p. 13. () O] No L 62, 15. 3. 1993, p. 49. () O No L 224, 18. 8. 1990, p. 29. () O] No L 373, 31. 12. 1990, p. 1. () OJ No L 162, 1. 7. 1996, p. 1. and the feeding of mammalian derived protein (%), as amended by Decision 95/60/EC (), prohibited the feeding of mammalian protein to ruminants throughout the Community; (4) Whereas Commission Decision 96/239/EC of 27 March 1996 on emergency measures to protect against bovine spongiform encephalopathy (*), as amended by Decision 96/362/EC (°), was adopted pending further evaluation of the new information and further measures to protect animal and public health; (S) Whereas Commission Decision 96/449/EC of 18 July 1996 on the approval of alternative heat treat- ment systems for processing animal waste with a view to the inactivation of spongiform encephalo- pathy agents (%), lays down the best available method for processing animal waste as regards spongiform encephalopathy agents; (6) Whereas a group of experts convened by the World Health Organization (WHO) on 3 April 1996 recom- mended that no part or product of any animal which had shown signs of a transmissible spongiform en- cephalopathy (TSE) should enter any food chain (human or animal), and that countries should not permit tissues that are likely to contain the BSE agent to enter any food chain (human or animal); whereas the Scientific Veterinary Committee has assessed the measures needed in the whole Com- munity in order to implement the recommendations of the abovementioned group of experts; (7) Whereas the Scientific Veterinary Committee has concluded that the rendering procedure using 133 °C at 3 bar for 20 minutes is the most important factor to assure the safety of meat-and-bone meal, but that this system cannot completely guarantee the complete removal of a TSE agent present in the material to be rendered if the system is challenged with material with high infectivity; () OJ No L 172, 7. 7. 1994, p. 23. % O] No L S5, 11. 3. 1995, p. 43. () OJ No L 78, 28. 3. 1996, p. 47. () OJ No L 139, 12. 6. 1996, p. 17. (") OJ No L 184, 24. 7. 1996, p. 43.