# COMMISSION REGULATION (EC) No 1472/2004

of 18 August 2004

amending Regulation (EC) No 1874/2003 approving the national scrapie control programmes of certain Member States, and defining additional guarantees, and granting derogations concerning breeding programmes for TSE resistance in sheep pursuant to Decision 2003/100/EC

(Text with EEA relevance)

## Preamble

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies [^1] , and in particular point (b)(ii) of Section 1 of Chapter A of Annex VIII thereof,

Whereas:

**(1)** Regulation (EC) No 999/2001 provides for the approval of national scrapie control programmes of Member States if they comply with certain criteria laid down in that Regulation. Regulation (EC) No 999/2001 also provides for the definition of any additional guarantees which may be required for intra-Community trade and imports in accordance with that Regulation.

**(2)** Commission Decision 2003/100/EC of 13 February 2003 laying down minimum requirements for the establishment of breeding programmes for resistance to transmissible spongiform encephalopathies in sheep [^2] , provides that each Member State is to introduce a breeding programme to select for resistance to TSEs in certain sheep breeds. Decision 2003/100/EC also provides for a possibility to derogate from the requirement for Member States to establish a breeding programme on the basis of their national scrapie control programme submitted and approved in accordance with Regulation (EC) No 999/2001, where it provides for the continuous active monitoring of dead-on-farm ovine and caprine animals in all flocks in that Member State.

**(3)** Commission Regulation (EC) No 1874/2003 [^3] approved the national scrapie control programmes of Denmark and Sweden.

**(4)** On 28 March 2004, Finland has submitted a national scrapie control programme which is considered to meet the required criteria set out in Regulation (EC) No 999/2001 and Finland is likely to have a low prevalence of scrapie in its territory. Accordingly, the national scrapie control programme of Finland should be approved.

**(5)** On the basis of its national scrapie control programme, Finland should be granted a derogation from the breeding programme provided for in Decision 2003/100/EC. Furthermore, the additional trade guarantees required by Annex VIII, Chapter A and Annex IX, Chapter E to Regulation (EC) No 999/2001 and set out in Regulation (EC) No 1874/2003, as well all other provisions provided for in that Regulation should apply as concerns Finland.

**(6)** Regulation (EC) No 1874/2003 should therefore be amended accordingly.

**(7)** The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS REGULATION:

## **Article 1**

The Annex to Regulation (EC) No 1874/2003 is replaced by the text in the Annex to this Regulation.

## **Article 2**

This Regulation shall enter into force on the twentieth day following that of its publication in the *Official Journal of the European Union* .

## Final provisions

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 18 August 2004. *For the Commission* David BYRNE *Member of the Commission*

[^1] [OJ L 147, 31.5.2001, p. 1](http://publications.europa.eu/resource/oj/JOL_2001_147_R_TOC) . Regulation as last amended by Commission Regulation (EC) No 876/2004 ( [OJ L 162, 30.4.2004, p. 52](http://publications.europa.eu/resource/oj/JOL_2004_162_R_TOC) ).

[^2] [OJ L 41, 14.2.2003, p. 41](http://publications.europa.eu/resource/oj/JOL_2003_041_R_TOC) .

[^3] [OJ L 275, 25.10.2003, p. 12](http://publications.europa.eu/resource/oj/JOL_2003_275_R_TOC) .

‘ANNEX Member States whose national scrapie control programme has been approved Denmark Finland Sweden.’

[^1]: . Regulation as last amended by Commission Regulation (EC) No 876/2004 ().
[^2]: .
[^3]: .