L 179/60 Official Journal of the European Union 29.6.2013 COMMISSION REGULATION (EU) No 630/2013 of 28 June 2013 amending the Annexes to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, 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 ('), and in particular the first paragraph of Article 23 thereof, caused reduced testing in animals that should have been tested. It is therefore necessary to clearly define emergency slaughter in the framework of the rules for monitoring BSE in bovine animals slaughtered for human consumption in Annex III to Regulation (EC) No 999/2001. Part Il of Chapter A of Annex III to Regulation (EC) No 999/2001 lays down rules for monitoring in ovine and caprine animals. The annual reports carried out by the Member States on the monitoring and testing of ruminants for the presence of Transmissible Spongiform Encephalopathy (TSE) in the Union have shown in recent Whereas: years that the testing of ovine and caprine animals not slaughtered for human consumption is usually more efficient to identify cases of TSE than the testing of () Regulation (EC) No 999/2001 lays down rules for the animals slaughtered for human consumption. More flexi- prevention, control and eradication of transmissible spongiform encephalopathies (TSEs) in bovine, ovine and caprine animals. It applies to the production and placing on the market of live animals and products of animal origin and in certain specific cases to exports thereof. bility should therefore be given to the Member States to focus a larger part of the limited number of tests required by that Annex in the subpopulations where there is a greater chance to identify such cases. Annex VII to Regulation (EC) No 999/2001 lays down the eradication measures to be carried out following the confirmation of the presence of TSE in bovine, ovine and (20 On 19 January 2011, the European Food Safety . mal 1 th - . f Authority (EFSA) published a joint opinion prepared caprine anima's and the minimum requirements lor with the European Centre for Disease Prevention and breeding programmes for resistance to TSEs in she.e p- Control (ECDC) on any possible epidemiological or That Anngx .has been amended several times, mCludlng molecular association between TSEs in animals and bEyCCommzszl(;r(l)OI;egﬁulatlons (EC) No 727/2007 () and humans (‘the joint EFSA and ECDC Opinion’) (%). In the (EC) No 746/ ) joint EFSA and ECDC opinion, the EFSA and ECDC confirmed the identification of atypical forms of bovine spongiform encephalopathy (BSE) in cattle and made the (6)  On 17 July 2007, in Case T-257/07, France brought an distinction between classical BSE, L-type atypical BSE and action against the Commission before the. General Court, H-type atypical BSE. It is therefore appropriate to insert applying for the suspension of the operation of point (3) definitions for classical BSE cases and atypical BSE cases of the Annex to Regulation (EC) No 7272007 insofar as in Annex I to Regulation (EC) No 999/2001. it introduces point 2.3(b)(iii), point 2.3(d) and point 4 into Chapter A of Annex VII to Regulation (EC) No 999/2001, or alternatively the entire annulment of that (3)  Part I of Chapter A of Annex III to Regulation (EC) No Regulapon. Accordl_ng to France, those points would 9992001 lays down rules for monitoring BSE in bovine auth-orls.e less restrictive measures Qf surveillance and animals slaughtered for human consumption. It refers to erad1catlop than those earlier prescribed f07r sheep and animals  slaughtered in accordance with ‘special goats. In its Order Of 28 September 2007 ( .),.the Court emergency slaughter as defined in Article 2(n) of .suspended the app 11.cat101.1 of those provisions until Council Directive 64/433[EEC of 26 June 1964 on judgment would be given in the main action. health conditions for the production and marketing of fresh meat (3). That Directive has since been repealed by Directive 2004/41/EC Of the European Parliament and Of (7) The Commission Subsequently asked the EFSA to assist it the Council (*). This has led to legal uncertainty and in clarifying the main premises on which Regulation (EC) No 727/2007 was based. In view of the EFSA () OJ L 147, 31.5.2001, p. 1. () EFSA Journal 2011;9(1):1945 () O] L 165, 27.6.2007, p. 8. () O] 121, 29.7.1964, p. 2012. () OJ L 202, 31.7.2008, p. 11. (*) OJ L 157, 30.4.2004, p. 33. (7) O] C 283, 24.11.2007, p. 28.