The measures aimed at the prevention, control and eradication of transmissible spongiform encephalopathies (TSE) in small ruminants are laid down in Regulation (EC) No 999/2001(1). According to scientific advice, effective policies to eradicate TSE in small ruminants must be based on the implementation of a series of measures such as active surveillance, specified risk material (SRM) removal and destruction, a total feed ban, breeding programmes which select TSE resistant animals and measures in affected flocks including the killing and destruction of animals at risk. Therefore, the killing and destruction of animals in affected flocks is not the only effective measure to eradicate TSE. It must be implemented in combination with the rest of the abovementioned measures.

Regulation (EC) No 1428/2007(2), amending Regulation (EC) No 999/2001 was adopted with the aim of allowing the Member States, in view of the technical difficulties they may face, to delay the immediate killing and destruction of animals in affected flocks. This delay can be used to increase the resistance in affected flocks pending the destruction of those animals for up to five breeding years. The measure does not, however, allow the animals to be moved from the holding or to be slaughtered for human consumption.

This measure already existed before 17 July 2007 and was reintroduced following the suspension, on 28 September 2007, by the Court of First Instance of the European Communities of certain provisions of Regulation (EC) No 727/2007(3). It is a harmonised measure, applicable to all Member States.

The Commission is continuously monitoring and assessing the progress of the implementation of all TSE measures in all Member States by means of the regular reports of the inspection missions carried out by the Food and Veterinary Office of the Commission.

(1) Regulation (EC) No 999/2001 of the Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies, OJ L 147, 31.5.2001, Regulation as last amended by Commission Regulation (EC) No 21/2008 of 11 January 2008, OJ L 9, 12.1.2008. (2) Commission Regulation (EC) No 1428/2007 of 4 December 2007 amending Annex VII to Regulation (EC) No 999/2001 of the Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies, OJ L 317, 5.12.2007. (3) Commission Regulation (EC) No 727/2007 of 26 June 2007 amending Annexes I, III, VII and X to Regulation (EC) No 999/2001 of the Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies, OJ L 165, 27.6.2007.