17 Transmissible Spongiform Encephalopathies
(TSEs)
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12380/10
+ ADD 1
COM(10) 384
| Commission Communication: The TSE Road map 2 — A strategy paper on Transmissible Spongiform Encephalopathies for 2010-2015
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| Legal base | —
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| Document originated | 16 July 2010
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| Deposited in Parliament | 22 July 2010
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| Department | Environment, Food and Rural Affairs
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| Basis of consideration | EM of 3 August 2010
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| Previous Committee Report | None, but see footnotes 70, 71, 72
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| To be discussed in Council | No date set
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
17.1 At the height of the BSE crisis, the EU introduced a
range of measures aimed at reducing the spread of transmissible
spongiform encephalopathies (TSEs) in cattle, and hence the incidence
of new variant Creutzfeldt-Jacob Disease (nvCJD) in humans. These
included in particular Regulation 999/2001[70]
laying down rules for the prevention, control and eradication
of TSEs (which introduced the classification of Member States
and third countries according to their BSE status, a prohibition
on the feeding of mammalian protein to ruminants, rules governing
the removal and destruction of specified risk material, together
with a range of measures, such as monitoring for TSEs, the notification
and slaughter of affected animals, and rules for the marketing
and export of live animals and animal products). In addition,
Regulation 1774/2002[71]
lays down rules governing the disposal of animal by-products not
intended for human consumption.
17.2 In 2005, the Commission noted that there
had been a significant overall decrease in the incidence of BSE
across the EU, and it concluded that a number of changes to these
controls could now be considered without endangering consumer
health or the policy of eradicating BSE. It has therefore produced
a Communication[72] setting
out a so-called TSE Roadmap, elaborating a strategy covering the
short and medium term (2005-09) as well as the long term (2009-14).
In their Report of 14 December 2005, our predecessors commented
that it was clearly right that the justification for the steps
taken in response to a particular crisis should be reviewed from
time to time, and commended the Commission for having sought to
assess whether, in the light of the significant reduction in the
number of BSE cases in cattle within the EU, some of the existing
measures might be relaxed. However, they added that the matters
addressed in the Communication dealt with an area of continuing
public and animal health interest, and they noted that the Government
had reservations over at least some of the steps suggested. They
therefore recommended that the document should be debated in European
Standing Committee, and that debate took place on 30 January 2006.
The current document
17.3 The Commission has now produced this further
Communication — The
TSE Road Map 2 — reviewing the measures taken to date, and
setting out a strategy for 2010-15. It notes that the majority
of the short and medium term actions set out in the previous TSE
Roadmap have been achieved, and that the number of BSE cases has
continued to decline (from 865 in 2004 to 67 in 2009), whilst
its impact on human health appears to have been more limited than
originally feared. It says that the goal for the coming years
is to keep the measures under review, whilst assuring a high level
of food safety, and that amendments should continue to be taken
on a stepwise basis, supported by solid scientific evidence from
the European Food Safety Authority (EFSA), underpinned by continuing
research in areas where gaps in knowledge currently exist. The
Commission then gives a more detailed account of developments
under a number of different headings:
Specified risk materials
Specified risk materials (SRM) are those organs[73]
considered on the basis of scientific knowledge and a high precautionary
level to harbour BSE in an affected animal, and the removal of
listed SRM from the food chain —
which the
Commission describes as the most important public health measure
—
has been mandatory since 2000. It notes that the age limit for
the removal of SRM from the spinal column was increased on 1 January
2006 from 12 to 24 months, with a further increase from 24 to
30 months being adopted in April 2008. The Commission says that
any amendment of the list of SRM should be based on new evolving
scientific knowledge consistently with maintaining a high level
of consumer protection and taking into account the epidemiological
situation. It adds that the EFSA is currently re-assessing the
current list for small ruminants, and that the aim should be to
align the EU list with the international standards laid down by
the World Health Organisation for Animals (OIE), if this is supported
by solid scientific advice. It also suggests that the current
obligation on Member States having a negligible risk status (see
below) to remove SRM from the food and feed chain could be reviewed.
Mammalian feed ban
A ban on the feeding of mammalian meat and bone meal
(MBM) to cattle, sheep and goats was introduced in July 1994,
and, in order to reduce the risk of cross-contamination, a total
EU-wide suspension on the use of processed animal protein (PAP)
in feed for any animals farmed for food production was introduced
in January 2001 (subject to some exceptions for fish meal used
for non-ruminants). This also ruled out the presence of any constituents
of animal origin in feed, but in 2005 a tolerance was introduced
in the case of beet pulp for bone fragments originating from unavoidable
environmental contamination, and this was extended to all feed
materials of plant origin in 2009. The possibility of using fishmeal
in milk replacers destined for young ruminants was introduced
in September 2008. The Commission says that any revision of the
current feed ban should be risk-based and take into account the
existence of a reliable test to identify the species from which
traces of MBM originate, and it notes that the EFSA is currently
examining the risk linked to small amounts of PAP in feed. It
says that, in the light of the EFSA's findings, it may then propose
the introduction of a tolerance level for a very small presence
of PAP in feed without jeopardising current eradication measures,
and that, since the risk of transmitting BSE between non-ruminants
is very small, a lifting of the ban on the use of PAP from non-ruminants
in non-ruminant feed could be considered, so long as the prohibition
on intra-species recycling is retained.
Categorisation of countries according to BSE risk
Originally, Member States and third countries were
divided into five categories according to their BSE status, but,
following the adoption by OIE of a classification based on three
levels of risk— negligible (with no export restrictions),
controlled (with exports allowed when SRM is removed), and undetermined
(where only a limited list of tradable products may be exported)
— the EU introduced such a system in June 2007.
Monitoring programmes
Because BSE had been found in apparently healthy
slaughtered cattle, a monitoring programme was introduced in 2001,
involving the testing of all animals over 24 months presenting
a potential risk[74]
and of all animals above 30 months of age slaughtered for human
consumption. However, because the cost of testing in relation
to the number of cases identified had become very high, 17 Member
States (including the UK) with a clearly declining (or consistently
low) prevalence of BSE were authorised to increase the age limit
for their monitoring programmes to 48 months. The Commission says
that this led to a reduction of about 30% in the number of tests
performed annually in the EU between 2008 and 2009, and that,
depending upon the results of ongoing monitoring programmes for
Member States complying with epidemiological criteria, a further
revision could be considered, provided this does not impair the
continuous detection of any increase in the BSE epidemic or an
emergence of new TSE strains (particularly atypical cases of BSE
in animal older than eight years). In addition, any new system
would have to be practical and easily manageable.
A monitoring programme for sheep and goats was introduced
2002 following a case of BSE detected in a goat in France, and
included the testing of a minimum sample number of up to 10,000
sheep and 10,000 goats per Member State of risk animals over 18
months, and the testing of 10,000 healthily slaughtered sheep
above 18 months in Member States with a large population, together
with a minimum, statistically based number of healthily slaughtered
goats. However, as no new cases of BSE were subsequently detected,
the level of monitoring was reduced in July 2007.
Eradication measures for sheep and goats
Initially, a whole herd had to be culled if a TSE
is detected in goats, with whole or partial culling being required
in the case of sheep (including atypical cases found in those
with genotypes considered resistant to BSE). However, new rules
were introduced in July 2007 in flocks where scrapie has been
detected, and specific measures adopted for those affected by
atypical scrapie. Following an opinion from the EFSA, these were
supplemented by new measures in February 2009 in the case of milk
and milk products coming from flocks affected by classical scrapie
in order to prevent its spread to other ruminant flocks through
feeding. The Commission observes that, because of the high degree
of complexity of TSEs in small ruminants, and the great diversity
of factors influencing the transmission of scrapie, it is necessary
to consider further the control legislation needed, and it lists
a number of options which might be considered, adding that future
research results will be key factor.
Cohort culling of cattle
Initially, cohort animals[75]
linked to a positive BSE case had to be culled immediately, but,
as relatively few of these had been found to be infected with
BSE, it was decided in 2006 to enable Member States to apply for
the killing and complete destruction of cohort animals to be deferred
until the end of their productive lives. However, only Germany
has so far applied for this derogation, and the Commission suggests
that, since the number of cohort animals testing positive within
the EU is now very low,[76]
it might be possible to abandon systematic cohort culling and
authorise these animals to be slaughtered for human consumption,
provided they are tested with negative results beforehand.
Tests for detecting TSEs
The Commission points out that only the rapid tests
listed in the relevant legislation, which have been thoroughly
evaluated by the EFSA, can be used for the monitoring of TSE in
the EU, and that, following the first evaluation in 1999, further
such evaluations have been carried out, most notably by the Community
Reference Laboratory in 2008. It says that an exercise is currently
under way to identify new tests, and suggests that the testing
of live animals could be introduced if validated ante-mortem tests
become available, as a means of helping herd certification.
UK embargo
In 1998, particular restrictions were imposed on
exports of beef and beef products from the UK to other Member
States or third countries, requiring these to be de-boned and
not to come from cattle over 30 months. These were subsequently
lifted in May 2006.
17.4 The Commission concludes by pointing out
that it is not realistic to eliminate risk completely, and that
the costs and benefits of individual measures have to be weighed
carefully in order to achieve proportionality. It stresses the
paramount need for continuing research if measures are to be supported
by solid scientific advice, and the need also to create an international
framework to avoid BSE being used for protectionist ends. At the
same time, it also says that it is important not to lose sight
of other threats to animal and human health, such as salmonella
and antimicrobial resistance, and that, in view of the encouraging
trends in relation to BSE, there is an increasing need to prioritise
action towards diseases which may present a bigger health threat
within the EU.
The Government's view
17.5 In his Explanatory Memorandum of 3 August
2010, the Minister of State of Agriculture and Food at the Department
for Environment, Food and Rural Affairs (Mr Jim Paice) notes the
continuing decline in the EU BSE epidemic, and, in welcoming this
Roadmap, says that the UK will develop its negotiating position
on specific proposals as they arise. He adds that future policy
options will depend upon factors such as amendments to recommendations
of the OIE, supportive advice from the EFSA, or the development
and validation of new tests.
Conclusion
17.6 This document provides a useful report
on the steps taken in this area following the first TSE Roadmap,
and on the further measures which might be considered, and, for
those reasons, we are drawing it to the attention of the House.
However, given the significant fall in the number of BSE cases
since that Roadmap, and the Commission's
assessment that the impact on human health appears to have been
more limited than originally feared, we do not think there is
a similar need for the current document to be considered further
by the House. We are therefore clearing it.
70 OJ No. L 147, 31.5.01, p.1. (19751) 5196/99; see
HC 34-xiii (1998-99), chapter 2 (17 March 1999) and HC 23-xxxi
(1999-2000), chapter 1 (29 November 2000). Stg Co Deb European
Standing Committee A (14 February 2001). Back
71
OJ No. L 273, 10.10.02, p.1. (21759) 12648/00 and (21767) 12646/00;
see HC 28-iii (2000-01), chapter 2 (17 January 2001), HC 28-vii
(2000-01), chapter 3 (28 February 2001) and HC 28-viii (2000-01),
chapter 2 (14 March 2001). Stg Co Deb, European Standing
Committee A (7 March 2001). Back
72
(26757) 11408/05: see HC 34-xiii (2005-06), chapter 2 (14 December
2005). Back
73
Such as brain, tonsils, spinal cord and intestines. Back
74
For example, fallen stock, emergency slaughtered animals, and
those with clinical signs at ante-mortem inspection. Back
75
These include the progency, or animals which received the same
feed in the first year of their life. Back
76
There were none in 2009. Back
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