II 
(Non-legislative acts) 
REGUL ATIONS 
COMMISSION REGUL ATION (EU) 2017/172 
of 1 Febr uary 2017 
amending Regulation (EU) No 142/2011 as regards parameters for the transfor mation of animal 
by-products into biogas or compost , conditions for impor ts of petfoo d and for the expor t of 
processed manure 
(Text with EEA relevance) 
THE EUR OPEAN COMMISSION, 
Having regar d to the Treaty on the Functioning of the European Union, 
Having regar d to Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 
laying down health rules as regards animal by-products and derived products not intended for human consump tion and 
repealing Regulation (EC) No 1774/2002 (1), and in particular Article 15(1)(c), Article 27(g), Article 41(3) and the 
second subparagraph of Article 43(3) thereof, 
Whereas: 
(1)  Commission Regulation (EU) No 142/2011 (2) lays down rules implementing Regulation (EC) No 1069/2009, 
including parameter s for the transf ormation of animal by-products into biogas or compo st, conditions for the 
placing on the market of impor ted pet food and rules for the expor t of Categor y 2 mater ials. 
(2)  Annex V to Regulation (EU) No 142/2011 sets out standards for the transf ormation of animal by-products into 
biogas and compo st. In accordance with point 3(b) of Section 2 of Chapt er III of Annex V, the compet ent 
author ity may under certain conditions author ise specif ic requirements other than those set out in Chapt er III. 
(3)  However , the digestion residues and the compo st in such cases should be placed on the market only in the 
Member State where the alternati ve transf ormation parameter s have been author ised. In order to provide the 
compet ent author ity with the necessar y flexibility in the way they regulate the biogas and compo st plants 
mentioned in point 3 of Section 2 of Chapt er III of Annex V to Regulation (EU) No 142/2011, it is appropr iate 
to exclude from the standards set out in point 2 of Section 3 of Chapt er III those digestion residues and compo st, 
for whic h the Member State has already author ised altern ative transf ormation parameters. Annex V to Regulation 
(EU) No 142/2011 should theref ore be amended according ly. 
(4)  Member States may author ise the import of animal by-products and derived products only from author ised third 
countr ies. Member States may author ise the impor t of raw petfood derived from fisher y by-products from 
non-EU countr ies author ised for the imp ort of fisher y products for human consump tion in accordance with 2.2.2017 L 28/1 Official Jour nal of the European Union EN     
(1)OJ L 300, 14.11.2009, p. 1. 
(2)Commission Regulation (EU) No 142/2011 of 25 Febr uary 2011 implementing Regulation (EC) No 1069/2009 of the European 
Parliament and of the Council laying down health rules as regards animal by-products and derived products not inten ded for human 
consump tion and implem enting Council Directive 97/78/EC as regards certain samples and items exem pt from veterinar y chec ks at the 
border under that Directive (OJ L 54, 26.2.2011, p. 1). Annex II to Commission Decision 2006/766/EC (1). This is not the case for imports of processed petfood derived 
from fisher y by-products. In that respect, the import of processed petfood derived from fisher y by-products is 
subject to stricter conditions than the impor t of raw petfood derived from fisher y by-products. It is appropr iate 
to author ise the import of processed petfood derived from fisher y by-products from all non-EU countr ies 
author ised for the import raw petfood derived from fisher y by-products. Table 2 of Section 1 of Chapt er II of 
Annex XIV to Regulation (EU) No 142/2011 should theref ore be amended according ly. 
(5)  The expor t of processed manure destined for incineration or disposal in a landfi ll is prohibit ed. However , in 
accordance with Article 43(2) and (3) of Regulation (EC) No 1069/2009 the expor t of that mate rial for use in 
biogas or composting plants may be allowed provided that the countr y of destination is a member of the 
Org anisation for Economic Cooperation and Development (OECD). In order to allow the expor t of processed 
manure and organic fertilizers containing solely processed manure, it is appropr iate to lay down the rules for the 
expor t of those products for purposes other than incineration, landfill, or use in biogas or compo sting plants in 
the countr ies which are not members of OECD. Those rules should set out requirements at least equivalent to the 
requirements for the placing on the mark et of processed manure and organic fertilizers containing solely 
processed manure. Annex XIV to Regulation (EU) No 142/2011 should theref ore be amended according ly. 
(6)  The measures provided for in this Regulation are in accordance with the opinion of the Standing Committ ee on 
Plants, Animals, Food and Feed, 
HAS ADOPTED THIS REGUL ATION: 
Article 1 
In Article 25 of Regulation (EU) No 142/2011, the following paragraph is added: 
‘4. The rules set out in Chapt er V of Annex XIV shall apply to expor ts from the Union of the derived products 
specified therein.’. 
Article 2 
Annex es V and XIV to Regulation (EU) No 142/2011 are amended in accordance with the text set out in the Annex to 
this Regulation. 
Article 3 
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the 
European Union. 
This Regulation shall be binding in its entirety and directly applicable in all Member State s. 
Done at Brussels, 1 Febr uary 2017. 
For the Commission 
The Presid ent 
Jean-Claude JUNCKER  2.2.2017 L 28/2 Official Jour nal of the European Union EN     
(1)Commission Decision 2006/766/EC of 6 November 2006 establishing the lists of third countr ies and territories from which impo rts of 
bivalve molluscs, echinoderms, tunicates, mar ine gastr opods and fisher y products are permitted (OJ L 320, 18.11.2006, p. 53). ANNEX 
Annex es V and XIV to Regulation (EU) No 142/2011 are amended as follows:  
(1) in Annex V, Chapt er III, Section 3, point 2 is replaced by the following: 
‘2.  Digestion residues or compost other than those referred to in point 3(b) of Section 2, which do not compl y with the requirements set out in this Section, shall be resubmitt ed to 
transf ormation or compo sting, and in the case of Salmonella handled or disposed of in accordance with the instr uctions of the compet ent author ity.’;  
(2) Annex XIV is amended as follows: 
(a)  in Chapt er II, Section 1, in Table 2, row number 12 is replaced by the following: 
‘12 Petfood, including 
dogc hews (a)  In the case of processed petfood 
and of dogch ews: mater ials referred 
to in Article 35(a)(i) and (ii). 
(b) In the case of raw petfood: mate ­
rials refer red to in Article 35(a)(iii).  The petfood and the dogchews 
must have been produced in 
accordance with Chapt er II of 
Annex XIII. (a)  In the case of raw petfood: 
Third countr ies listed in Part 1 of 
Annex II to Regulation (EU) 
No 206/2010 or in Annex I to 
Regulation (EC) No 798/2008, 
from which Member States author ­
ise impor ts of fresh meat from the 
same species and where only bone- 
in meat is author ised. 
In the case of fish mat erials, third 
countr ies liste d in Annex II to 
Decision 2006/766/EC. 
(b) In the case of dogc hews and pet­
food other than raw petfood: 
Third countr ies listed in Part 1 of 
Annex II to Regulation (EU) 
No 206/2010, and the following 
countr ies: 
(JP) Japan 
(EC) Ecuador 
(LK) Sri Lanka 
(TW) Taiwan. 
In the case of processed petfood 
derived from fish mater ials, third 
countr ies liste d in Annex II to 
Decision 2006/766/EC. (a)  In the case of canned petfood: 
Annex XV, Chapt er 3(A). 
(b)  In the case of processed petfood 
other than canned petfood: An­
nex XV, Chapt er 3(B). 
(c)  In the case of dogchews: Annex XV, 
Chapt er 3(C). 
(d) In the case of raw petfood: An­
nex XV, Chapt er 3(D).’     2.2.2017 L 28/3 Official Jour nal of the European Union EN     (b)  the following Chapt er V is added: 
‘CHAPTER V 
RULES FOR THE EXPORT OF CERT AIN DERIVED PRODUCTS 
Rules applicable to the expor t of the derived products listed belo w as refer red to in Article 25(4):  
Derived products Rules for expor t 
1 Processed manure and organic fertilizers, com ­
post or digestion residues from biogas trans ­
formation containing no other animal by-prod ­
ucts or derived products than processed manure Processed manure and organic fertilizers, compo st 
or digestion residues from biogas transf ormation 
containing no other animal by-pro ducts or 
derived products than processed manure must 
compl y at least with the conditions set out in 
points (a), (b), (d) and (e) of Section 2 of Chapt er I 
of Annex XI.’   2.2.2017 L 28/4 Official Jour nal of the European Union EN