1999/129/EC: Commission Decision of 29 January 1999 amending for the second time Decision 94/381/EC concerning certain protection measures with regard to bovine spongiform encephalopathy and the feeding of mammalian derived protein (notified under document number C(1999) 198) (Text with EEA relevance)
L 41/14 EN Official Journal of the European Communities 16. 2. 1999 COMMISSION DECISION of 29 January 1999 amending for the second time Decision 94/381/EC concerning certain protection measures with regard to bovine spongiform encephalopathy and the feeding of mammalian derived protein (notified under document number C(1999) 198) (Text with EEA relevance) (1999/129/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, risks as regards transmissible spongiform encephalopa- thies; Having regard to the Treaty establishing the European Community, Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (1), as last amended by Directive 92/ 118/EEC (2), and in particular Article 10(4) thereof, Whereas Commission Decision 94/381/EC (3) concerning certain protection measures with regard to bovine spongi- form encephalopathy and the feeding of mammalian derived protein as amended by Decision 95/60/EC (4), prohibits the feeding of protein derived from all mammalian species to ruminants; whereas certain animal products and by-products may be exempted from this prohibition; Whereas the Scientific Steering Committee adopted a report and scientific opinion on the safety of hydrolysed proteins produced from bovine hides on 22 and 23 October 1998; whereas this opinion addresses the ques- tions of under which conditions of sourcing of the mate- rial and/or of type of material used and/or production process can hydrolysed proteins, produced from bovine hides destined for animal consumption, be considered free of BSE infectivity; whereas the Scientific Steering Committee in the above opinions strongly recommends that hydrolysed proteins manufacturers implement and respect hazard analysis and critical control points proce- dures; Whereas the Commission has adopted Decision 97/ 534/EC (5) as last amended by Council Decision 98/745/ EC (6) on the prohibition of the use of material presenting (1) OJ L 224, 18. 8. 1990, p. 29. (2) OJ L 62, 15. 3. 1993, p. 49. (3) OJ L 172, 7. 7. 1994, p. 23. (4) OJ L 55, 11. 3. 1995, p. 43. (5) OJ L 216, 8. 8. 1997, p. 95. (6) OJ L 358, 31. 12. 1998, p. 113. Whereas the Commission has adopted Decision 98/ 272/EC (7) on epidemio-surveillance for transmissible spongiform encephalopathies and amending Decision 94/ 474/EC; whereas this Decision lays down measures to be applied in case of animals suspected of having a transmis- sible spongiform encephalopathy (TSE); Whereas the adoption of this proposal is without preju- dice to the adoption of rules for the organisation of the prevention and control of transmissible spongiform ence- phalopathies; Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee, HAS ADOPTED THIS DECISION: Article 1 Article 1(3), replaced by the following: third indent of Decision 94/381/EC is ‘— hydrolysed proteins with a molecular weight below 10 000 daltons which have been: (i) derived from hides and skins obtained from animals which have been slaughtered in a slaughterhouse and have undergone an ante mortem inspection by an official veterinarian in accordance with Chapter VI of Annex I to Directive 64/433/EEC and passed fit, as a result of such inspection, for slaughter for the purpose of that Directive, and (ii) produced by a production process which involves appropriate measures to minimise (7) OJ L 122, 24. 4. 1998, p. 59. 16. 2. 1999 EN Official Journal of the European Communities L 41/15 contamination of hides and skins, preparation of the hides and skins by brining, liming and intensive washing followed by exposure of the material to a pH of ; 11 for ;three hours at temperature ;80 C and followed by heat treatment of ;140 C for 30 minutes at ;3,6 bar or a by an equivalent production process approved by the Commission after consulta- tion of the appropriate Scientific Committee, Article 2 Member States shall adopt comply with this Decision. They shall inform the Commission thereof. the measures necessary to immediately Article 3 This Decision is addressed to the Member States. and Done at Brussels, 29 January 1999. (iii) come from establishments which carry out an own checks programme (HACCP). ' For the Commission Franz FISCHLER Member of the Commission