15.2.2006 Official Journal of the European Union L 44/9 COMMISSION REGULATION (EC) No 253/2006 of 14 February 2006 amending Regulation (EC) No 999/2001 of the European Parliament and of the Council as regards rapid tests and measures for the eradication of TSEs in ovine and caprine animals (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 eradication of transmissible spongiform encephalopathies (TSEs) after confirmation of TSEs in a flock of ovine or caprine animals and sets out a list of rapid tests approved for TSE monitoring. In accordance with Regulation (EC) No 999/2001, as amended by Commission Regulation (EC) No 2602003 (), since 1 October 2003 certain measures have applied following the confirmed presence of a TSE in ovine or caprine flocks. At the time, two types of TSE potentially present in ovine or caprine animals, namely scrapie and bovine spongiform encephalopathy (BSE), could not be routinely discriminated in ovine or caprine animals. Strict measures were therefore introduced on the grounds that every TSE case in ovine or caprine animals could be BSE. In accordance with Regulation (EC) No 999/2001, as amended by Commission Regulation (EC) No 36/2005 (%), since January 2005 discriminatory testing has been mandatory in all confirmed TSE cases in ovine and caprine animals. Following the stepping-up of surveillance in ovine and caprine animals in 2005 in accordance with Regulation (EC) No 999/2001, as amended by Commission Regulation (EC) No 214/2005 (%), preliminary results indicate that BSE can be ruled out in all positive TSE cases to date. Measures for the eradication of TSEs in ovine and caprine animals () O] L 147, 31.5.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 3.12.2005, p. 4). 1974/2005 (O] L 317, () O] L 37, 13.2.2003, p. 7. () O] L 10, 13.1.2005, p. 9. () O] L 37, 10.2.2005, p. 9. will be reconsidered in the framework of the TSE road map. Discussion on the subject will, however, not be finalised before the end of 2005. In order to prevent stricter measures to eradicate TSEs in ovine animals becoming applicable despite ongoing discussion on their possible review, transitional measures currently applying until 1 January 2006 on the restocking of flocks culled in connection with TSE eradication should be extended. In its report of 2 September 2005, the European Food Safety Authority (EFSA) recommended the approval of a new BSE rapid post-mortem test. That test should be included in the list of rapid tests for monitoring BSE. Until now, no formal evaluation of tests specifically for the purpose of testing ovine or caprine animals has been completed. Five rapid tests currently listed in Annex X to Regulation (EC) No 999/2001 were provisionally approved, pending evaluation, for the monitoring programme in ovine and caprine animals on the basis of data provided by the test manufacturers. In its reports of 17 May and 26 September 2005 on the evaluation of rapid post-mortem tests intended for ovine and caprine animals, the EFSA recommended the approval of eight new rapid post-mortem tests, including the five provisionally approved rapid tests. These tests should be included in the list of rapid tests for monitoring TSEs in ovine and caprine animals. Changes to rapid tests and to test protocols may only be made with the approval of the Community Reference Laboratory (CRL) for TSEs. The CRL has approved changes to the BSE rapid post-mortem test called ‘Inpro CDI. The CRL has also accepted the change of name to ‘Beckman Coulter InPro CDI kit'. 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,