L 204/22 Official Journal of the European Union 5.8.2005 COMMISSION DECISION of 2 August 2005 prohibiting the placing on the market of products derived from bovine animals born or reared within the United Kingdom before 1 August 1996 for any purpose and exempting such animals from certain control and eradication measures laid down in Regulation (EC) No 999/2001 (notified under document number C(2005) 2916) (Only the English text is authentic) (Text with EEA relevance) (2005/598/EC) 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 (*), and in particular the fifth subparagraph of Article 12(1), Articles 13(3) and 16(7) and Article 23 thereof, (4) The placing on the market of the hides should meet the requirements of Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by- products not intended for human consumption (?), and of Commission Regulation (EC) No 878/2004 of 29 April 2004 laying down transitional measures in accordance with Regulation (EC) No 1774/2002 for certain animal by-products classified as Category 1 and 2 materials and intended for technical purposes (). Since no restrictions apply on milk and milk-based products under Regulation (EC) No 999/2001, milk and milk- based products should also be excluded from the prohi- bition for the placing on the market. Whereas: (5)  Commission Regulation (EC) No 1326/2001 of 29 June (1) The opinion of the Scientific Panel on biological hazards 2001 laying down transitional measures to permit the of the European Food Safety Authority (EFSA) of 21 changeover to the Regulation of the European Parliament April 2004 on the scientific justification for proposing and of the Council (EC) No 999/2001 laying down rules amendments to the United Kingdom Date Based Export for the prevention, control and eradication of certain Scheme (DBES) and to the Over Thirty Months (OTM) tr.ansmissible spongiform encephalopathies, a.nd amen- rule, concludes that cattle born or reared in the United ding Annexes VI and XI to that Regulation () has Kingdom before 1 August 1996 should be kept out of suspended the implementation of certain provisions in the food and feed chains, because of the higher bovine Regulation (EC) No 999/2001 as a transitional mea- spongiform encephalopathy (BSE) incidence in this sure, and in particular the measures .related to the group. For cattle born after that date, the opinion placing on the market of products, laid down in its concludes that the BSE risk to consumers is in a range Article 16. Under the circumstances, the marketing ban comparable with that in other Member States. From 1 on products derived from animals born or reared in the August 1996 all mammalian meat and bone meal was United Kingdom before 1 August 1996 should therefore banned from feed to all farmed animals in the United be adopted as a transitional measure, pending the Kingdom. adoption and entry into force of a decision determining the BSE status of the United Kingdom. (2)  In those circumstances it is appropriate to prohibit the placing on the market of all products, consisting of, or (6) Articles 12 and 13 of Regulation (EC) No 999/2001 lay incorporating materials derived from bovine animals born or reared within the United Kingdom before 1 August 1996 and to ensure that these materials are destroyed in order to avoid any risk of transmission of transmissible ~ spongiform encephalopathy (TSE) to humans or animals. Following scientific advice recommending that hides do not pose a risk, no conditions should be imposed in relation to their trade. Therefore it should be possible to use hides of those animals for leather production. down rules concerning measures to be applied following suspicion and confirmation of a TSE. Article 13 specifies that Member States, which have implemented a substitute scheme offering a level of protection equivalent to the movement restriction and cohort killing and destruction measures provided for in those articles, may, by way of derogation, apply those equivalent measures provided that they have been approved in accordance with a comi- tology procedure. (» O] L 273, 10.10.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 416/2005 (O] L 66, 12.3.2005, p. 10). () OJ L 162, 30.4.2004, p. 62. () OJ L 177, 30.6.2001, p. 60. Regulation as last amended by Regu- lation (EC) No 1234/2003 (O] L 173, 11.7.2003, p. 6). () O] L 147, 31.5.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 260/2005 (O] L 46, 17.2.2005, p. 31).