23.12.1999 Official Journal of the European Communities L 33171 (Acts whose publication is not obligatory) COUNCIL COUNCIL DECISION of 17 December 1999 concerning the placing on the market and administration of bovine somatotrophin (BST) and repealing Decision 90/218/EEC (1999/879/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament ('), Having regard to the opinion of the Economic and Social Committee (%), Whereas: (1)  Council Decision 90/218/EEC of 25 April 1990 concerning the placing on the market and administra- tion of bovine somatotrophin (BST) (}), provides in Article 1 that Member States are to ensure that, until 31 December 1999, the placing on the market of bovine somatotrophin for the purposes of its marketing and the administration thereof on their territory to dairy cows by any means whatsoever will not be authorised; (2) By virtue of Article 2(2) of that Decision, the Council instructed the Commission to entrust a Working Party of independent scientists, in collaboration with Member States, with the task of assessing the effects of using BST, taking account of the opinion of the Committee for Veterinary Medicinal Products, in particular as regards the impact of the use of this product on the cases of mastitis; (3)  Article 2(1) of that Decision allowed the Member States to carry out limited practical tests on the use of bovine somatotrophin, under the control of an official veteri- (*) Opinion delivered on 16 December 1999 (not yet published in the Official Journal). (%) Opinion delivered on 9 December 1999 (not yet published in the Official Journal). () OJ L 116, 8.5.1990, p. 27. Decision as last amended by Decision 94/936/EC (O] L 366, 31.12.1994, p. 19). narian, in order to obtain any other scientific data that may be taken into account by the Council when it takes a final decision. The Commission has not received any information on such tests and in view of the prohibition laid down in this Decision there is no need to continue authorising further such tests; The Protocol on protection and welfare of animals annexed to the Treaty calls on the Community and the Member States, when formulating and implementing the Community's agricultural policy, to pay full regard to the health and welfare requirements of animals; By Decision 78/923/EEC (¥), the Community has approved the European Convention for the Protection of Animals Kept for Farming Purposes (hereinafter called ‘the Convention) and has deposited its instrument of approval; all Member States have also ratified this Convention; Council Directive 98/58/EC of 20 April 1998 concerning the protection of animals kept for farming purposes (°) states in point 18 of the Annex that no other substance, with exception of those given for thera- peutic or prophylactic purposes, are to be administered to an animal unless it has been demonstrated by scientific studies of animal welfare or established experi- ence that the effect of the substance is not detrimental to the health or welfare of the animal; BST is not produced to be used in cattle for therapeutic purposes, but only to enhance milk production; 323, 17.11.1978, p. 12. 0] L 0] L 221, 8.8.1998, p. 23.