6.12.2000 Official Journal of the European Communities L 305/35 COMMISSION DECISION of 29 November 2000 on the testing of bovine animals for the presence of bovine spongiform encephalopathy and amending Decision 98/272[EC on epidemio-surveillance for transmissible spongiform encephalopathies (notified under document number C(2000) 3684) (Text with EEA relevance) (2000/764/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra- Community trade with a view to the completion of the internal market (1), as last amended by Directive 92/118/EEC (?), and in particular Article 9(4) thereof, Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (), as last amended by Directive 92/118/EEC, and in particular Article 10(4) thereof, Whereas: (1) A report of the evaluation of tests for the diagnosis of transmissible spongiform encephalopathy in bovines was published by the Commission on 8 July 1999 and three tests were found to give excellent specificity in detecting TSE in animals in the clinical stage of the disease. (2)  Commission Decision 98/272/EC of 23 April 1998 on epidemio-surveillance for transmissible spongiform encephalopathies (*), as amended by Decision 2000/374/ EC (), lays down the rules for applying the tests in certain risk groups of animals with a view to improving the detection of bovine spongiform encephalopathy (BSE) in the Community. (3) In the light of the recent developments of the BSE situation in the Community, the Council has invited the Commission to come forward with a decision extending the testing to all bovine animals over 30 months of age at risk in the first phase. In the second Phase, the testing should be extended to bovine animals over 30 months () O] L 395, 30.12.1989, p. 13. () O] L 62, 15.3.1993, p. 49. () O] L 224, 18.8.1990, p. 29. () O] L 122, 24.4.1998, p. 59. () O] L 135, 8.6.2000, p. 27. of age without clinical symptoms slaughtered for human consumption. The number of animals to be tested in the second phase could be modified based on statistically solid results of testing animals at risk. (4)  The tests are not capable of detecting BSE infected animals early in the incubation period, therefore a nega- tive test result should not replace other risk reduction measures, such as removal of specified risk material. (5)  Council Directive 82/894/EEC of 21 December 1982 on the notification of animal diseases within the Community (%), as last amended by Commission Decision 2000/556/EC ('), lays down the rules for noti- fication of BSE in the Community. (6)  The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Commiittee, HAS ADOPTED THIS DECISION: Article 1 1. Member States shall ensure that all bovine animals over 30 months of age: — subject to ‘special emergency slaughtering’ as defined in Article 2(n) of Council Directive 64/433/EEC (%), or — slaughtered in accordance with Annex I, Chapter VI, point 28(c) of Directive 64/433/EEC are examined by one of the approved rapid tests listed in Annex IV(A) to Decision 98/272[EC as of 1 January 2001. 2. Member States shall ensure that bovine animals over 30 months of age, which have died on the farm or in transport, but which have not been slaughtered for human consumption, are examined in accordance with Annex I(A) to Decision 98/ 272[EC as of 1 January 2001. O] L 378, 31.12.1982, p. 58. () O] L 235, 19.9.2000, p. 27. 0] 121, 29.7.1964, p. 2012/64.