L117/32 Official Journal of the European Union 13.5.2003 COMMISSION DECISION of 12 May 2003 implementing Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards the feeding of certain necrophagous birds with certain category 1 materials (notified under document number C(2003) 1494) (Only the Spanish, Greek, French, Italian and Portuguese texts are authentic) (Text with EEA relevance) (2003/322/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (!), and in particular Article 23(2)(d) thereof, Whereas: (1) Regulation (EC) No 1774/2002 provides the possibility for Member States to authorise the feeding of endan- gered or protected species of necrophagous birds with certain category 1 material after consultation of the European Food Safety Authority, by derogation to the restrictions applicable to the use of animal by-products laid down in that Regulation. (2)  The Scientific Steering Committee issued an opinion on 7 and 8 November 2002 on the safety of necrophagous birds being possible transmitters of TSEs. (3)  According to that scientific opinion, practices of feeding on carcases of animal species susceptible to TSE should not lead to an artificial increase of the number of poten- tial TSE-transmitting sources, and their possible spread. Also, feeding programmes of wild species such as necro- phagous birds should not become an alternative way of disposal of fallen ruminant stock posing a TSE risk nor of specified risk material. (4)  Feeding of necrophagous birds with certain category 1 material may, therefore, be considered permissible on the basis of the opinion of the Scientific Steering Committee. (5) Greece, Spain, France, Italy and Portugal have submitted requests for the authorisation of feeding of certain species of necrophagous birds with certain category 1 material. (6)  Those requests fulfil the conditions required in the scien- tific opinion of the Scientific Steering Committee. However, additional justification should be required to verify that there is no other way to conserve those () OJ L 273,10.10.2002, p. 1. species of necrophagous birds other than by feeding them with certain category 1 material, thereby leading to an unnecessary increase of potentially TSE-transmit- ting sources. (7)  In order to prevent a risk to animal or public health, it is necessary to lay down rules to be applied when author- ising the feeding of those necrophagous birds with certain category 1 material. (8)  The measures provided for in this Decision are in accor- dance with the opinion of the Standing Committee on the Food Chain and Animal Health, HAS ADOPTED THIS DECISION: Atrticle 1 Implementing rules on the feeding of necrophagous birds with category 1 material Pursuant to Article 23(2)(d) of Regulation (EC) No 1774/2002, Greece, Spain, France, Italy and Portugal may authorise the use of entire bodies of dead animals which may contain specified risk material as referred to in Article 4 (1)(b)(ii) of that Regula- tion for the feeding of the endangered or protected species of necrophagous birds as set out in part A of the Annex to this Decision. Atticle 2 Authorisation and control measures by the competent authority 1. The competent authority may grant authorisation to the person responsible for the feeding of the necrophagous birds referred to in Article 1. 2. The competent authority shall only grant authorisation as provided for in paragraph 1 if the specific requirements laid down in part B of the Annex are complied with. 3. The competent authority shall take the necessary measures to supervise and control compliance with the specific requirements laid down in part B of the Annex.