Select Committee on European Scrutiny Twenty-Eighth Report


9 Control of certain transmissible spongiform encephalopathies

(26216)

15874/04

COM(04) 775

Draft Regulation amending Regulation (EC) No. 999/2001 laying down the rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies

Legal baseArticle 152(4)(b); co-decision; QMV
DepartmentEnvironment, Food and Rural Affairs
Basis of considerationMinister's letter of 8 May 2006
Previous Committee ReportHC 38-viii (2004-05), para 3 (10 February 2005)
To be discussed in CouncilJune 2006
Committee's assessmentPolitically important
Committee's decisionCleared

Background

9.1 As a result of the BSE crisis, the Community adopted Regulation 999/2001,[16] laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (TSEs). This aimed to target the entire production chain, and included rules for monitoring TSEs in cattle, sheep and goats, a prohibition on animal feeding, new arrangements governing trade (both within the Community and involving third countries) and the eradication of TSEs, and a system for classifying countries according to their BSE status. Subsequently, Regulation 1774/2002[17] introduced new rules for the handling of specified risk materials (SRM) and animals infected by TSEs. Each of these measures was considered by our predecessors, and was debated in European Standing Committee A.[18]

9.2 In the light of new developments since the adoption of Regulation 999/2001, the Commission put forward in December 2004 this document proposing a number of amendments which were set out in our predecessors' Report of 10 February 2005. In that Report, our predecessors also commented that, although the control of TSEs clearly remained a subject of some importance, the various amendments proposed appeared to reflect experience gained in recent years, and, for the most part, to be uncontroversial. However, they went on to note that the Government was seeking clarification on two elements in the proposal. First, it was concerned that the change proposed in the definition of mechanically recovered meat differed significantly from the current interpretation, which the UK believed should be retained. Secondly, it considered that the proposal to restrict the movement of bovine animals on a holding where scrapie is suspected would be disproportionate to the risk and not based on scientific evidence. Our predecessors therefore decided to hold the document under scrutiny, pending further information on these two points.

9.3 The document also addressed the fact that transitional measures were intended to apply until countries had been categorised by the World Organisation for Animal Health (OIE) according to their BSE risk, and that these had in 2003 been extended by two years, to 30 June 2005. However, since the OIE would not now be concluding the final categorisation of countries before that date, it proposed that the application of the transitional measures in the Regulation should be prolonged until 1 July 2007. This was subsequently agreed separately, ahead of any agreement on the remainder of the proposal.

Minister's letter of 8 May 2006

9.4 We have now received from the Minister for Local Environment, Marine and Animal Welfare at the Department for Environment, Food and Rural Affairs (Mr Ben Bradshaw) a letter of 8 May 2006 indicating that the Austrian Presidency is hoping to broker a First Reading deal with the European Parliament, and that it has produced a compromise document for consideration by the Council in June. He says that the UK is content with this document. In particular, the two points of previous concern have now been dealt with satisfactorily, in that the definition of mechanically recovered meat is now in line with that in the UK's own domestic legislation, and the movement restrictions on holdings where scrapie is suspected will apply only to sheep and goats, and would no longer affect cattle.

Conclusion

9.5 We have noted that the points previously of concern to the UK have now been resolved satisfactorily. In view of this, and of our predecessors' assessment that this document appeared otherwise to be uncontroversial and to reflect experience gained in recent years, we are now content to clear it.


16   OJ No. L.147, 31.5.2001, p.1. Back

17   OJ No. L. 273, 10.10.2002, p.1. Back

18   (19751) 5196/99; see HC 34-xiii (1998-99), para 2 (17 March 1999), HC 23-xxxi (1999-2000), para 1 (29 November 2000) and HC 28-vi (2000-01), para 1 (14 February 2001). Stg Co Deb, European Standing Committee A , 14 February 2001 and (21759) 12648/00; see HC 28-iii (2000-01), para 2 (17 January 2001), HC 28-vii (2000-01), para 3 (28 February 2001) and HC 28-viii (2000-01), para 2 (14 March 2001). Stg Co Deb, European Standing Committee A, 7 March 2001. Back


 
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