Legal provisions of COM(2008)53 - Amendment of Regulation (EC) No 999/2001 as regards the implementing powers conferred on the Commission

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dossier COM(2008)53 - Amendment of Regulation (EC) No 999/2001 as regards the implementing powers conferred on the Commission.
document COM(2008)53 EN
date March 11, 2009


Article 1

Regulation (EC) No 999/2001 is hereby amended as follows:

1.in Article 5(3), the third subparagraph shall be replaced by the following:

‘The rapid tests shall be approved for that purpose in accordance with the regulatory procedure with scrutiny referred to in Article 24(3) and entered on a list set out in Annex X, Chapter C, point 4.’;

2.Article 9(3) shall be replaced by the following:

‘3.   Paragraphs 1 and 2 shall not apply, in the light of the criteria set out in point 5 of Annex V, to ruminants which have undergone an alternative test which has been recognised in accordance with the regulatory procedure with scrutiny referred to in Article 24(3), provided that this test is listed in Annex X, where the results of the test were negative.’;

3.In Article 13(1), the third subparagraph shall be replaced by the following:

‘By way of derogation from this paragraph, a Member State may apply other measures offering an equivalent level of protection based on a favourable risk assessment pursuant to Articles 24a and 25, taking particularly into account the control measures in that Member State, if those measures have been approved for that Member State in accordance with the regulatory procedure referred to in Article 24(2).’;

4.Article 16(7) shall be replaced by the following:

‘7.   In accordance with the regulatory procedure with scrutiny referred to in Article 24(3), the provisions of paragraphs 1 to 6 may be extended to other products of animal origin. Rules for the implementation of this Article shall be adopted in accordance with the regulatory procedure referred to in Article 24(2).’;

5.Article 20(2) shall be replaced by the following:

‘2.   Where necessary to ensure the uniform application of this Article, implementing rules shall be adopted in accordance with the regulatory procedure referred to in Article 24(2). The method to confirm BSE in ovine and caprine animals shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 24(3).’;

6.The first paragraph of Article 23 shall be replaced by the following:

‘After consultation of the appropriate scientific committee on any question which could have an impact on public health, the annexes shall be amended or supplemented and any appropriate transitional measures shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 24(3).’;

7.Article 23a shall be amended as follows:

(a)point (a) shall be replaced by the following:

‘(a)approval of the rapid tests referred to in Article 5(3) third subparagraph, Article 6(1), Article 8(2) and Article 9(3),’;

(b)the following points shall be added:

‘(k)extension to other products of animal origin of the provisions of paragraphs 1 to 6 of Article 16;

(l)adoption of the method to confirm BSE in ovine and caprine animals referred to in Article 20(2);

(m)amendment or addition to the annexes and adoption of any appropriate transitional measures referred to in Article 23.’

Article 2

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.