14.2.2003 Official Journal of the European Union L 41/41 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 13 February 2003 laying down minimum requirements for the establishment of breeding programmes for resistance to transmissible spongiform encephalopathies in sheep (notified under document number C(2003) 498) (Text with EEA relevance) (2003/100/EC) 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 ('), as last amended by Commission Regulation (EC) No 1494/2002 (), and in particular Article 23 thereof, Whereas: 1 Scrapie poses a considerable animal health problem within the Community's ovine and caprine population. There is no validated routine diagnostic method to distinguish between Bovine spongiform encephalopathy (BSE) and scrapie infection in ovine and caprine animals. BSE infection has not been proven to exist in ovine and caprine animals under natural conditions. However, there is some uncertainty as to whether BSE may have infected the ovine and caprine population and may still be present in that population. Accordingly transmissible spongiform encephalopathy (TSE) infections in ovine and caprine animals also pose a potential risk to public health. Research has shown that certain prion protein genotypes in sheep confer resistance to scrapie. Evidence to date indicates that a similar genetically determined resistance to BSE exists in sheep when challenged orally with BSE infection under experimental conditions. () OJ L 147, 31.5.2001, p. 1. () OJ L 225, 28.8.2002, p. 3. (4) The opinion of the Scientific Steering Committee (SSC) of 4 and 5 April 2002 on safe sourcing of small rumi- nant materials laid down guidelines for the main points in a breeding programme for TSE resistance in sheep. The SSC considers that such a programme should be targeted at populations at risk or risk areas. One requirement for such a breeding programme is an approximation of the frequency of ARR/ARR sheep for each important breed. To obtain this information, Commission Decision 2002/1003/EC (*) has introduced a survey of the sheep breeds in the Member States. It should be possible to derogate from the requirement to establish a breeding programme in accordance with this Decision for certain breeds with a low natural level of resistance and for local breeds indigenous to the area and in danger of being lost to farming as referred to in Regulation (EC) No 445/2002 of 26 February 2002 laying down detailed rules for the application of Council Regulation (EC) No 12571999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) (%). In its opinion, the SSC recommended the establishment of the certification of flocks with a negligible risk of scrapie/BSE. One of the options recommended is the certification of flocks based on full genetic resistance to TSEs combined with regular TSE testing. () OJ L 349, 24.12.2002, p. 105. () OJ L 74, 15.3.2002, p. 1.