Commission Regulation (EU) No 142/2011Show full title

Section 2 Feeding of certain species in feeding stations

1. The competent authority may authorise the use of Category 1 material referred to in Article 18(2)(b) of Regulation (EC) No 1069/2009 for the feeding of the following endangered and protected species in feeding stations under the following conditions:

(a)

The material must be fed to:

(i)

one of the following species of necrophagous birds in the following Member States:

Member State	Animal species
Bulgaria	bearded vulture (Gypaetus barbatus) black vulture (Aegypius monachus) Egyptian vulture (Neophron percnopterus) griffon vulture (Gyps fulvus) golden eagle (Aquila chrysaetos) imperial eagle (Aquila heliaca) white-tailed eagle (Haliaeetus albicilla) black kite (Milvus migrans) red kite (Milvus milvus)
Greece	bearded vulture (Gypaetus barbatus) black vulture (Aegypius monachus) Egyptian vulture (Neophron percnopterus) griffon vulture (Gyps fulvus) golden eagle (Aquila chrysaetos) imperial eagle (Aquila heliaca) white-tailed eagle (Haliaeetus albicilla) black kite (Milvus migrans)
Spain	bearded vulture (Gypaetus barbatus) black vulture (Aegypius monachus) Egyptian vulture (Neophron percnopterus) griffon vulture (Gyps fulvus) golden eagle (Aquila chrysaetos) Spanish imperial eagle (Aquila adalberti) black kite (Milvus migrans) red kite (Milvus milvus)
France	bearded vulture (Gypaetus barbatus) black vulture (Aegypius monachus) Egyptian vulture (Neophron percnopterus) griffon vulture (Gyps fulvus) golden eagle (Aquila chrysaetos) white-tailed eagle (Haliaeetus albicilla) black kite (Milvus migrans) red kite (Milvus milvus)
Italy	bearded vulture (Gypaetus barbatus) black vulture (Aegypius monachus) Egyptian vulture (Neophron percnopterus) griffon vulture (Gyps fulvus) golden eagle (Aquila chrysaetos) black kite (Milvus migrans) red kite (Milvus milvus)
Cyprus	black vulture (Aegypius monachus) griffon vulture (Gyps fulvus)
Portugal	black vulture (Aegypius monachus) Egyptian vulture (Neophron percnopterus) griffon vulture (Gyps fulvus) golden eagle (Aquila chrysaetos)
Slovakia	golden eagle (Aquila chrysaetos) imperial eagle (Aquila heliaca) white-tailed eagle (Haliaeetus albicilla) black kite (Milvus migrans) red kite (Milvus milvus)

(ii)

one of the species of the order Carnivora which are listed in Annex II to Directive 92/43/EEC, in special areas of conservation which have been set up under that Directive; or

(iii)

one of the species of the orders Falconiformes or Strigiformes, which are listed in Annex I to Directive 2009/147/EC, in special protection areas which have been set up under that Directive;

(b)

The competent authority has granted an authorisation to the operator responsible for the feeding station.

The competent authority shall grant such authorisations provided that:

(i)

the feeding is not used as an alternative way of disposal of specified risk materials or the disposal of fallen ruminant stock containing such material posing a TSE risk;

(ii)

an appropriate surveillance system for TSEs as laid down in Regulation (EC) No 999/2001 is in place involving regular laboratory testing of samples for TSE;

(c)

The competent authority must ensure coordination with any other competent authorities responsible for the supervision of the requirements laid down in the authorisation;

(d)

The competent authority must be satisfied, on the basis of an assessment of the specific situation of the species concerned and their habitat, that the conservation status of the species will be improved;

(e)

The authorisation granted by the competent authority must:

(i)

refer to and name the species actually concerned;

(ii)

describe in detail the location of the feeding station in the geographical area where feeding shall take place; and

(iii)

be immediately suspended in the case of:

• a suspected or confirmed link to the spread of TSE until the risk can be excluded, or

• non-compliance with any of the rules provided for in this Regulation.

(f)

The operator responsible for the feeding shall:

(i)

dedicate an area to the feeding that is enclosed and to which access is limited to animals of the species to be conserved, if appropriate by fences or by other means which correspond to the natural feeding patterns of those species;

(ii)

ensure that eligible bodies of bovine animals and at least 4 % of eligible bodies of ovine and caprine animals intended to be used for feeding are tested prior to that use with a negative result, in the TSE monitoring programme carried out in accordance with Annex III to Regulation (EC) No 999/2001 and, if applicable, in accordance with a Decision adopted in accordance with the second subparagraph of Article 6(1b) of that Regulation; and

(iii)

keep records at least of the number, nature, estimated weight and origin of the carcases of the animals used for feeding, the date of the feeding, the location where feeding took place and if applicable, the results of the TSE tests.

2. When a Member State applies to the Commission to be included into the list set out under point 1(a), it shall submit:

(a)

a detailed justification for the extension of the list to include certain species of necrophagous birds in that Member State, including an explanation of the reasons why it is necessary to feed such birds with Category 1 material instead of with Category 2 or Category 3 material;

(b)

an explanation of the measures which will be taken in order to ensure compliance with point 1.