L 45/4 Official Journal of the European Communities 15.2.2002 COMMISSION REGULATION (EC) No 270/2002 of 14 February 2002 amending Regulation (EC) No 999/2001 of the European Parliament and of the Council as regards specified risk material and epidemio-surveillance for transmissible spongiform encephalopathies and amending Regulation (EC) No 1326/2001 as regards animal feeding and the placing on the market of ovine and caprine animals and products thereof 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 Euro- pean Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (1), as last amended by Commission Regulation (EC) No 1326/2001 (3), and in particular Article 23 thereof, Whereas: 1) Detailed rules for monitoring of transmissible spongi- form encephalopathies (TSEs) in ovine and caprine animals are laid down in Annex III to Regulation (EC) No 999/2001. These rules should again be revised to take account of the opinion of 18-19 October 2001 of the Scientific Steering Committee, which recommended that a survey of the incidence of TSEs should urgently be carried out with the available rapid tests using a statistically sound sample design and size. The Scientific Steering Committee has indicated in its opinion of 29-30 November 2001 on requirements for statistically authoritative BSE[/TSE surveys that TSE prevalence in adult sheep could range from 20 to 500 TSE positives per 1 million sheep according to Member State. In Member States with a large sheep population a sample size sufficient to detect a prevalence of one positive in 20 000 healthy slaughter animals at a 95 % confidence level is the largest that can be realistically achieved at this time. The sample size for countries with a small sheep population should be adjusted to take account of the practicalities of numbers of eligible animals available for testing. The age criteria for defining the populations for sampling should for practical reasons be broadened by making reference to dentition. Member States, which have other systems in place allowing the determination of the age of the animal, should be allowed to continue to use an age of 18 months. The Scientific Steering Committee opinion of 29-30 November 2001 also recommends that the prion protein genotype of a randomly selected subsample of L 147, 31.5.2001, p. 1. L 177, 30.6.2001, p. 60. monitored sheep should be determined. The sample size for countries with a small sheep population should be adjusted to take account of the practicalities of numbers of eligible animals available for sampling. Finland and Austria confirmed their first cases of bovine spongiform encephalopathy (BSE) on 7 and 13 December 2001 respectively. Therefore it is no longer appropriate that these Member States should be afforded derogations in respect of the monitoring of healthy slaughter cattle, removal of vertebral column and conduct of the conclusive statistical survey. During the transitional period, detailed rules for the removal and the destruction of specified risk materials are laid down in Annex XI, part A, to Regulation (EC) No 999/2001. In order to avoid any unnecessary disruption of the internal market, and taking into account the opinions of the Scientific Steering Committee referred to under Commission Decision 2001/233EC (}), carcasses or parts of carcasses of bovine animals that still contain vertebral column should be accepted for trade between Member States and when imported from third countries. To ensure the control by Member states of its removal, specific control measures should be laid down. Member States should also have the possibility to allow the removal of the vertebral column in butcher shops specifically authorised, monitored, and registered for this purpose. In its opinion of 29 June 2001 on adipose tissue asso- ciated with the digestive tract of cattle, sheep and goats, the Scientific Steering Committee pointed out that potential infectivity could be found in the mesenteric nerves and the mesenteric lymph nodes situated near the arteria mesenterica in bovine animals. As control of the removal of this specific area alone is unlikely to be feasible, the whole mesentery from bovine animals should therefore be regarded as SRM. It is necessary to clarify the rules following the removal of specified risk material and in particular those relating to the staining of such material. () O] L 84, 23.3.2001, p. 59.