31.12.94 _ Official Journal of the Européan Communities No.L 366/19 (Acts whose publication is not obligatory) COUNCIL COUNCIL DECISION of 20 Dcccmber 1994 amendlng Decision 90/218/EEC concerning the placing on the market and administration of bovmc somatotrophln (BST) (94/936/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parlia- . ment (3), Whereas, in applying Decision 90/218/EEC (3), the Mem- ber States must ensure that, until 31 December 1994, the placing on the market and the administration of bovine somatotrophin on their territory by any means whatso- ever to dairy cows is not authorized; Whereas the Commission has proposed extending, until the end of the arrangements introduced by Council Regulation (EEC) No 3950/92 of 28 December 1992 establishing an additional levy in the milk and milk- products sector (%), the prohibition on the placing on the market and the administration of bovine somatotrophin on their territory by any means whatsoever to dairy cows; Whereas on 28 October 1994, the Commlssmn sent the Council and update of its communication in order to assess the new situation created by the United States’ (1) OJNoC3,5.1.19%4,p.7. (2) O] No C 20, 24. 1. 1994, p. 531. (3) O] No L 116, 8. 5. 1990, p. 27. Decision as last amended by Decision 93/718//EC (O] No L 333, 31. 12. 1993, p. 72). (% OJNoL405,31.12.1992, p. 1. Regulation as last amended by chulatlon (EC) No 1883/94 (O] No L 197, 30 7.1994, p-25). ‘decision to authorize marketing of bovine somatotro- phin and the consequences of that decision for inter- national trade; Whereas the Council considers that it needs more time to evaluate the implications of a definitive decision in this respect, and in particular the consequences of agreements concluded under the Uruguay Round; . Whereas the Committee for Veterinary Medicinal Prod- ucts has recommended Member States concerned to carry out larger-scale studies for a period of two years, under veterinary control, in order to determine the effects of BST on cases of mastitis and associated metabolic disorders in normal use; whereas the effects on the well-being of dairy cows should also be examined; Whereas it is therefore necessary to amend Decision 90/218/EEC in order to allow those Member States which so desire to conduct such additional studies; whereas the: Commission and the Scientific Veterinary Committee should be associated with such additional studies; whereas no definitive decision should be taken on this matter pending the results of those studies. Whereas, moreover, in order to obviate distortions of competition, Member States which so wish should be allowed to authorize the production of bovine somatotrophin for exports to third countries; Whereas provision should lastly be made for a review clause permitting a definitive decision to be taken on the basis of such additional data,