L 113/32 Official Journal of the European Communities 15. 4. 98 (Acts whose publication is not obligatory) COUNCIL COUNCIL DECISION of 16 March 1998 concerning emergency measures to protect against bovine spongiform encephalopathy, amending Decision 94/474/EC and repealing Decision 96/239/EC (98/256/EC) THE COUNCIL OF THE EUROPEAN UNION, 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 ('), and in particular Article 10(4) thereof, 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 (?), and in particular Article 9(4) thereof, Having regard to the proposal from the Commission, (1) Whereas new information has been published in the United Kingdom further supporting the hypothesis that exposure to the bovine spongiform encephalo- pathy (BSE) agent is linked to the new variant of Creutzfeldt Jacob Disease (CJD) in humans; whereas on 16 September 1997 the Spongiform Encephal- opathy Advisory Committee (SEAC) of the United Kingdom concluded that recent research provided (") OJ L 224, 18. 8. 1990, p. 29. Directive as last amended by Directive 92/118/EEC (O] L 62, 15. 3. 1993, p. 49). (3 OJ L 395, 30. 12. 1989, p. 13. Directive as last amended by Directive 92/118/EEC. compelling new evidence that the agent which causes BSE is identical to the agent which causes the new variant of CJD in humans; whereas on 18 September 1997 the Advisory Committee on Dangerous Pathogens (ACDP) concluded that the BSE agent should now be classified as a human pathogen; (2) Whereas, in those circumstances and as an emer- gency measure, it is appropriate to prohibit tempor- arily the dispatch to the other Member States of all bovine animals from the United Kingdom and of all products consisting entirely or in part of, or incorp- orating materials derived from, bovine animals slaughtered in the United Kingdom which are liable to enter the human food or animal feed chains or are destined for use in cosmetic, pharmaceutical or medical products; whereas in order to prevent deflec- tions of trade, the same prohibitions should also apply to exports to third countries; (3) Whereas, in order to protect animal and human health in the Community, the Commission adopted Decision 94/474/EC of 27 July 1994 concerning certain protection measures relating to bovine spon- giform encepahalopathy and repealing Decisions 89/469/EEC ~ and  90/200/EEC(*),  Decision 92/290/EEC of 14 May 1992 concerning certain () OJ L 194, 29. 7. 1994, p. 96. Decision as last amended by Decision 95/287/EC (OJ L 181, 1. 8. 1995, p40).