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19.3.2013 Official
Journal
of
the
European
Union L
75/37
COMMISSION IMPLEMENTING DECISION
of 15 March 2013
authorising the use of at risk bovine animals until the end of their productive lives in Spain
following official confirmation of the presence of BSE
(notified under document C(2013) 1473)
(Only the Spanish text is authentic)
(2013/137/EU)
THE EUROPEAN COMMISSION,
HAS ADOPTED THIS DECISION:
Having regard to the Treaty on the Functioning of the European
Union,
Article 1
1. By way of derogation from point (c) of the first
Having regard to Regulation (EC) No 999/2001 of the European
subparagraph of Article 13(1) of Regulation (EC) No
Parliament and of the Council of 22 May 2001 laying down
999/2001, Spain may use bovine animals referred to in the
rules for the prevention, control and eradication of certain
second and third indents of point 1(a) of Annex VII to that
transmissible spongiform encephalopathies ( 1 ), and in particular
Regulation until the end of their productive lives under the
the second subparagraph of Article 13(1) thereof,
conditions provided for in paragraphs 2 and 3 of this Article.
Whereas:
2. Spain
shall
ensure
that
the
bovine
animals
referred
to
in
paragraph 1:
(1) Regulation
(EC)
No
999/2001
lays
down
rules
for
the
prevention, control and eradication of transmissible
spongiform encephalopathies (TSEs) in animals. The
(a) are permanently traceable in the computerised database
first subparagraph of Article 13(1) of that Regulation
provided for in Article 5 of Regulation (EC) No
provides for eradication measures to be applied when
1760/2000 of the European Parliament and of the Coun
the presence of a TSE has been officially confirmed.
cil ( 2 );
Those measures consist in particular in the killing and
complete destruction of the animals and products of
animal origin which have been identified as being at
(b) are only moved from their holding under official super
risk (‘at risk bovine animals’) due to an epidemiological
vision and for the purpose of destruction;
link with the affected animals.
(c) are not dispatched to other Member States or exported to
(2) Spain
has
submitted
to
the
Commission
a
request
for
a
decision to allow the use of at risk bovine animals until
third countries.
the end of their productive lives by way of derogation
from point (c) of the first subparagraph of Article 13(1)
3. Spain
shall
carry
out
regular
checks
to
verify
the
correct
of Regulation (EC) No 999/2001.
implementation of this Decision.
(3) The
control
measures
submitted
by
Spain
provide
for
strict movement restriction and traceability of bovine
Article 2
animals in such a way that the current level of protection
This Decision is addressed to the Kingdom of Spain.
of human and animal health is not endangered.
(4) On
the
basis
of
a
favourable
risk
assessment,
Spain
should therefore be allowed to use at risk bovine
Done at Brussels, 15 March 2013.
animals until the end of their productive lives provided
that certain conditions are met.
For the Commission
(5) The
measures
provided
for
in
this
Decision
are
in
accordance with the opinion of the Standing
Tonio BORG
Committee on the Food Chain and Animal Health,
Member of the Commission
( 1 ) OJ L 147, 31.5.2001, p. 1.
( 2 ) OJ L 204, 11.8.2000, p. 1.

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Document Outline

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