HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
21.6.2011 Official
Journal
of
the
European
Union L
161/29
COMMISSION IMPLEMENTING DECISION
of 17 June 2011
amending Decision 2009/719/EC authorising certain Member States to revise their annual BSE
monitoring programmes
(notified under document C(2011) 4194)
(Text with EEA relevance)
(2011/358/EU)
THE EUROPEAN COMMISSION,
of the BSE monitoring regime in some Member States ( 3 )
(the EFSA opinion of 9 December 2010). For the EFSA
opinion of 9 December 2010, the Biohaz was asked to
Having regard to the Treaty on the Functioning of the European
analyse the data available for the 17 Member States listed
Union,
in Decision 2009/719/EC and eight other Member States.
The Biohaz assumed that all 25 Member States had
implemented for at least six years a BSE surveillance
system and control measures, as provided for in Regu
Having regard to Regulation (EC) No 999/2001 of the European
lation (EC) No 999/2001. The EFSA opinion of
Parliament and of the Council of 22 May 2001 laying down
9 December 2010 confirms that the BSE epidemic has
rules for the prevention, control and eradication of certain
been declining in the 17 Member States listed in Decision
transmissible spongiform encephalopathies ( 1 ), and in particular
2009/719/EC.
the second subparagraph of Article 6(1b) thereof,
(5)
The EFSA opinion of 9 December 2010 also concludes
Whereas:
that if the age limit for BSE testing would be raised to 72
months in healthy slaughtered cattle, less than one
classical BSE case could be expected to be missed in
2011. In addition, it concludes that if BSE testing for
(1) Regulation
(EC)
No
999/2001
lays
down
rules
for
the
healthy slaughtered cattle would stop as from
prevention, control and eradication of transmissible
1 January 2013, less than one classical BSE case would
spongiform encephalopathies (TSEs) in animals. It
be missed each calendar year from 2013 onwards. It can
requires each Member State to carry out an annual moni
be inferred from that findings that the risk for human
toring programme for TSEs in accordance with Annex III
and animal health would be negligible if the current BSE
to that Regulation.
testing is adapted accordingly.
(2) Regulation
(EC)
No
999/2001
provides
that
the
annual (6)
Taking into account the conclusions of the EFSA opinion
monitoring programmes are to cover as a minimum
of 9 December 2010, the ages of the categories of bovine
certain subpopulations of bovine animals referred to in
animals should be increased for animals covered by the
Article 6 thereof. Those subpopulations are to include all
revised annual monitoring programmes of the Member
bovine animals above 24 or 30 months of age, the age
States listed in the Annex to Decision 2009/719/EC.
limit depending on the categories listed in points 2.1, 2.2
Therefore, Member States that have been authorised to
and 3.1 of Part I of Chapter A of Annex III to that
revise their annual monitoring programmes should be
Regulation.
given the option to apply alternative but equally
effective sampling plans while adapting to the epidemi
ological situation from 1 January 2013 onwards.
(3) The
Annex
to
Commission
Decision
2009/719/EC
of
28 September 2009 authorising certain Member States
(7) Regarding
the
eight
Member
States
not
listed
in
Decision
to revise their annual BSE monitoring programmes ( 2 )
2009/719/EC, the EFSA opinion of 9 December 2010
lists 17 Member States authorised to revise their annual
concludes that the classical BSE epidemiological situation
monitoring programme in accordance with Regulation
is different for a group of five Member States comprised
(EC) No 999/2001. That list includes all the Member
of Estonia, Latvia, Lithuania, Hungary and Malta and
States that were Members of the Union before 1 May
another group comprised of three Member States,
2004, as well as Slovenia and Cyprus.
namely the Czech Republic, Poland and Slovakia.
(4) On
9
December
2010,
the
Panel
on
Biological
Hazards (8) In
the
group
of
five
Member
States,
no
BSE
cases
have
(Biohaz) of the European Food Safety Authority (EFSA)
been detected since full implementation of the Union
adopted a scientific opinion on a second update on the
surveillance system on 1 May 2004, and the classical
risk for human and animal health related to the revision
BSE epidemiological situation should be considered to
be ‘at least equivalent’ to that of the 17 Member States
( 1 ) OJ L 147, 31.5.2001, p. 1.
( 2 ) OJ L 256, 29.9.2009, p. 35.
( 3 ) EFSA Journal 2010;8(12):1946.

---

L 161/30
EN
Official Journal of the European Union
21.6.2011
listed in Decision 2009/719/EC. Therefore, a similar
(20) On 13 December 2010, Finland submitted to the
testing regime should be applied to that group of 22
Commission an application to revise its annual BSE
Member States as the epidemiological situation is
monitoring programme.
comparable in all of them.
(21) On
14 December
2010, Denmark submitted to the
(9) In
addition,
the
EFSA
opinion
of
9
December
2010
Commission an application to revise its annual BSE
concludes that the trend of the classical BSE epidemic
monitoring programme.
in the Czech Republic, Poland and Slovakia shows two
waves in the classical BSE incidence per birth cohort and
in the average age of the classical BSE cases detected. This
(22) On
15
December
2010,
United
Kingdom
submitted
to
second wave pattern compromises the establishment of
the Commission an application to revise its annual BSE
clear similarities between the trend of the classical BSE
monitoring programme.
epidemic in the 17 Member States already listed in
Decision 2009/719/EC and this group of three Member
States. For these three Member States, it concludes that at
(23) On 15 December 2010, Austria submitted to the
present, it would not be informative to estimate the
Commission an application to revise its annual BSE
number of undetected classical BSE cases, should the
monitoring programme.
testing age be changed in this group.
(24) On 20 December 2010, Ireland submitted to the
(10) On
26
March
2010,
Latvia
submitted
to
the
Commission
Commission an application to revise its annual BSE
an application to revise its annual BSE monitoring
monitoring programme.
programme.
(25) On 23 December 2010, Portugal
submitted to the
(11) On
16
June
2010,
Estonia
submitted
to
the
Commission
an application to revise its annual BSE monitoring
Commission an application to revise its annual BSE
programme.
monitoring programme.

(12) On 7 October 2010, Lithuania submitted to the
(26) On 5 January 2011, Cyprus submitted to the
Commission an application to revise its annual BSE
Commission an application to revise its annual BSE
monitoring programme.
monitoring programme.
(13) On
21
October
2010,
Luxembourg
submitted
to
the
(27) On
13
January
2011,
Italy
submitted
to
the
Commission
Commission an application to revise its annual BSE
an application to revise its annual BSE monitoring
monitoring programme.
programme.
(14) On 27 October 2010, Germany submitted to the
(28) On
18
January
2011,
the
Netherlands
submitted
to
the
Commission an application to revise its annual BSE
Commission an application to revise its annual BSE
monitoring programme.
monitoring programme.
(15) On 24 November 2010, Greece submitted to the
(29) On 19 January 2011, France submitted to the
Commission an application to revise its annual BSE
Commission an application to revise its annual BSE
monitoring programme.
monitoring programme.
(16) On
26 November 2010, Slovenia submitted to the
(30) On 11 February 2011, Hungary submitted to the
Commission an application to revise its annual BSE
Commission an application to revise its annual BSE
monitoring programme.
monitoring programme.
(17) On 30 November 2010, Sweden submitted to the
Commission an application to revise its annual BSE
(31) On 14 February 2011, Malta submitted to the
monitoring programme.
Commission an application to revise its annual BSE
monitoring programme.
(18) On 13 December 2010, Spain submitted to the
Commission an application to revise its annual BSE
(32) The
applications
submitted
by
those
22
Member
States
monitoring programme.
were found to meet all the requirements for the revision
of the annual monitoring programmes laid down in
Article 6(1b) of Regulation (EC) No 999/2001 and set
(19) On 13 December 2010, Belgium submitted to the
out in point 7 of Part I of Chapter A of Annex III
Commission an application to revise its annual BSE
thereto. Therefore, they should be authorised to revise
monitoring programme.
their BSE annual monitoring programmes.

---

EN
21.6.2011 Official
Journal
of
the
European
Union L
161/31
(33) Article
3
of
Regulation
(EEC)
No
706/73
of
the
Council
(39) On 15 February 2011, Slovakia submitted to the
of 12 March 1973 concerning the Community
Commission an application to revise its annual BSE
arrangements applicable to the Channel Islands and the
monitoring programme.
Isle of Man for trade in agricultural products ( 1 ) provides
that Union veterinary and food legislation are to apply,
under the same conditions in the Channel Islands and the
(40) On
26
April
2011,
Poland
submitted
to
the
Commission
Isle of Man as in the United Kingdom, to the agricultural
an application to revise its annual BSE monitoring
products imported into those islands or exported from
programme
them to the Union. However, Decision 2009/719/EC
does not currently apply to the islands as the United
Kingdom did not provide the relevant data at the time
(41) The
applications
submitted
by
those
three
Member
States
of its adoption.
were found to meet all the requirements for the revision
of the annual monitoring programmes laid down in
Article 6(1b) of Regulation (EC) No 999/2001 and set
(34) The United Kingdom has now provided the relevant data
out in point 7 of Part I of Chapter A of Annex III
concerning the epidemiological situation and the imple
thereto. Therefore, they should be authorised to revise
mentation of the Union legislation regarding BSE in the
their BSE annual monitoring programmes and the BSE
Channel Islands and the Isle of Man. That data shows
testing regime in these three Member States should be
that the BSE epidemiological situation in those islands is
aligned to that which received a positive opinion from
comparable to that of the United Kingdom and that all
the Standing Committee on the Food Chain and Animal
the relevant requirements laid down in the Article 6(1b)
Health on 15 February 2011.
and set out in point 7 of Part I of Chapter A of Annex III
to Regulation (EC) No 999/2001 are met. Decision
2009/719/EC should therefore apply to those islands.
(42) Taking
into
consideration
the
new
circumstances
that
have arisen after the vote, the draft Decision which
(35) Subsequently, on 15 February 2011, the Standing
received on 15 February 2011 a positive opinion of
Committee on the Food Chain and Animal Health
the Standing Committee on the Food Chain and
delivered a positive opinion on a draft Decision
Animal Health should not be adopted and a new draft
amending Decision 2009/719/EC authorising certain
Decision extending the provisions already voted to the
Member States to revise their annual BSE monitoring
Czech Republic, Poland and Slovakia should be presented
programmes. That draft Decision which, however, has
for a opinion of the Standing Committee on the Food
not yet been adopted by the Commission, authorises
Chain and Animal Health.
the 22 Member States to apply a revised and harmonised
BSE testing regime as from 1 July 2011.
(43) Decision
2009/719/EC should therefore be amended
accordingly.
(36) On
13
April
2011,
EFSA
adopted
a
scientific
opinion
on
the review on the risk for human and animal health
related to the revision of the BSE monitoring regime in
(44) This
Decision
should
apply
from
1
July
2011
in
order
to
three EU Member States ( 2 ). That opinion concludes that
give sufficient time to Member States to align their BSE
with the additional data of a further year of monitoring
monitoring procedures with the amendments made to
results, namely the data for 2010, the model employed
Decision 2009/719/EC by this Decision.
shows that the confidence in the predictions of the
number of cases in the cohorts since 2000 for the
Czech Republic, Poland and Slovakia has increased
(45) The
measures provided for in this Decision are in
substantially. Due to this and based on the results of
accordance with the opinion of the Standing
the analysis performed, EFSA concludes that the decline
Committee on the Food Chain and Animal Health,
of the BSE epidemic is now significant in these three
Member States.
HAS ADOPTED THIS DECISION:
(37) The
EFSA
opinion
of
13
April
2011
also
concludes
that
if the age limit for BSE testing would be raised to 72
Article 1
months in healthy slaughtered cattle, less than one
classical BSE case could be expected to be missed in
Decision 2009/719/EC is amended as follows:
2012. It can be inferred from that findings that the
risk for human an animal health would be negligible if
the current BSE testing is adapted accordingly.
(1) Article 2 is replaced by the following:
(38) On
10
February
2011,
the
Czech
Republic
submitted
to
‘Article 2
the Commission an application to revise its annual BSE
monitoring programme.
1. The
revised
annual
monitoring
programmes
shall
apply only to bovine animals born in the Member States
( 1 ) OJ L 68, 15.3.1973, p. 1.
listed in the Annex and shall cover at least the following
( 2 ) EFSA Journal 2011; 9(4):2142.
categories:

---

L 161/32
EN
Official Journal of the European Union
21.6.2011
(a) all bovine animals above 72 months of age subject to
another Member State, the age limits for testing in force in
normal slaughter for human consumption, or
the Member State where the tests are performed shall apply.
slaughtered in the context of a disease eradication
campaign but showing no clinical signs of disease, as
3. By way of derogation from point (a) of paragraph 1,
referred to in point 2.2 of Part I of Chapter A of Annex
from 1 January 2013 Member States listed in the Annex
III to Regulation (EC) No 999/2001;
may decide to test only a minimum annual sample of the
subpopulations referred to in that point.
(b) all bovine animals above 48 months of age subject to
emergency slaughter or with observations at ante
___________
mortem inspection as referred to in point 2.1 of Part
(*) OJ L 99, 20.4.1996, p. 14.’;
I of Chapter A of Annex III to Regulation (EC) No
999/2001;
(2) the Annex is replaced by the text in the Annex to this
(c) all bovine animals above 48 months of age, as referred
Decision.
to in point 3.1 of Part I of Chapter A of Annex III to
that Regulation, which have died or been killed but
Article 2
which were not:
This Decision shall apply from 1 July 2011.
(i) killed for destruction pursuant to Commission
Regulation (EC) No 716/96 (*);
Article 3
This Decision is addressed to the Member States.
(ii) killed in the framework of an epidemic, such as
foot-and-mouth disease;
Done at Brussels, 17 June 2011.
(iii) slaughtered for human consumption.
For the Commission
2. When bovine animals belonging to the animal
categories referred to in paragraph 1 and born in one of
John DALLI
the Member States listed in the Annex are tested for BSE in
Member of the Commission

---

EN
21.6.2011 Official
Journal
of
the
European
Union L
161/33
ANNEX
‘ANNEX
List of Member States and territories authorised to revise their BSE annual monitoring programmes
— Belgium
— Czech Republic
— Denmark
— Germany
— Estonia
— Ireland
— Greece
— Spain
— France
— Italy
— Cyprus
— Latvia
— Lithuania
— Luxembourg
— Hungary
— Malta
— Netherlands
— Austria
— Poland
— Portugal
— Slovakia
— Slovenia
— Finland
— Sweden
— United Kingdom and the Channel Islands and the Isle of Man’

---