29.4.2006 Official Journal of the European Union L 116/9 COMMISSION REGULATION (EC) No 657/2006 of 10 April 2006 amending Regulation (EC) No 999/2001 of the European Parliament and of the Council as regards the United Kingdom and repealing Council Decision 98/256/EC and Decisions 98/351/EC and 1999/514[EC (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 Article 23 thereof, 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 (3), and in particular Article 9(4) thereof, Having regard to Council Decision 98/256/EC of 16 March 1998 concerning emergency measures to protect against bovine spongiform encephalopathy, amending Decision 94/474[EC and repealing Decision 96/239/EC (*), and in particular Article 6(5) thereof, Whereas: (1)  Decision 98/256/EC is preserved as a transitional measure by Annex XI to Regulation (EC) No 999/2001. (2)  Decision 98/256/EC prohibits the export from the United Kingdom of live cattle and of products derived () O] L 147, 31.5.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 339/2006 (O] L 55, 25.2.2006, p. 5). (® OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive 2002/33[EC of the European Parliament and of the Council (O] L 315, 19.11.2002, p. 14). () OJ L 395, 30.12.1989, p. 13. Directive as last amended by Directive 2004/41[EC of the European Parliament and of the Council (O] L 157, 30.4.2004, p. 33). ( O] L 113, 15.4.1998, p. 32. Decision as last amended by Commission Decision 2002/670/EC (O] L 228, 24.8.2002, p. 22). from cattle slaughtered in the United Kingdom which are liable to enter the food or feed chain or which are destined for use in cosmetics or medical or pharma- ceutical products. Some derogation is provided, notably for the export of beef and beef products under the date- based export scheme (DBES). The two conditions to be met before the possible lifting of the United Kingdom embargo could be envisaged, were an incidence of less than 200 BSE cases per million adult bovine animals and a positive conclusion from the Food and Veterinary Office (FVO) inspection as to the enforcement of BSE controls in the United Kingdom, and its state of preparedness to comply with Community legislation particularly in relation to identifi- cation and registration of bovine animals and testing. At its General Session in May 2003, the World Organi- sation for Animal Health (OIE) altered the criteria defining the limit between moderate risk (category 4) and high risk (category 5) countries. The limit was set at 200 BSE cases per million adult animals in the popu- lation, for countries carrying out active surveillance. In June 2003, on the basis that BSE incidence in the United Kingdom was now approaching the figure of 200, and that for this reason it should no longer be considered an OIE high risk country, the United Kingdom asked to be allowed to trade under the same rules as other Member States. In support of this claim, the United Kingdom submitted documentation including estimates of an absolute incidence based on the results of the partial testing regime in force in the United Kingdom. The opinion of the Scientific Panel on biological hazards of the European Food Safety Authority (EFSA) of 21 April 2004 on the scientific justification for proposing amendments to the United Kingdom date-based export scheme (DBES) and to the Over Thirty Months (OTM) rule concludes that cattle born or reared in the United Kingdom before 1 August 1996 should be kept out of the food and feed chains, because of the higher BSE incidence in that group. For cattle born after that date, the opinion concludes that the BSE risk to consumers is in a range comparable with that in other Member States. From 1 August 1996, all mammalian meat and bone meal was banned from feed to all farmed animals in the United Kingdom.