WORLD TRADE  
ORGANIZATION  G/SPS/GEN/719 
8 August 2006 
 (06-3821) 
Committee on Sanitary a nd Phytosanitary Measures Original:   English 
  
 
 
CALL FOR EARLY COMMENTS ON A COMMISSION REPORT ON ANIMAL 
BY-PRODUCTS NOT INTENDED FOR HUMAN CONSUMPTION 
 
Communication from the European Communities
 
  
 The following communication, dated 2 August 2006,  is being circulated at the request of the 
Delegation of the European Communities.  
_______________ 
 
 1. Article 35 of Regulation (EC) No. 1774/20021 of the Eu ropean Parliament and of the Council 
of 3 October 2001 laying down health rules concern ing animal by-products (ABPs) not intended for 
human consumption
1 (see background) requires the EC member States to inform the Commission of 
the measures taken to ensure compliance with the Regulation.  All 25 member States have now 
submitted the required information, and the Commissi on, on the basis of the information received, is 
submitting a report to the European Parliament a nd the Council.  The full text (in the official 
languages of the EU) can be downloaded from the inte rnet address indicated below or be requested to 
the EC SPS Enquiry Point:  
 
http://ec.europa.eu/food/food/biosafety/animalbyproducts/index_en.htm . 
 All EC trade partners are invited to submit co mments to this report before 31 August 2006.  
Comments should preferably be sent to the following address:   
"Comments to the Commission Report on Animal By-products" 
European Commission Health and Consumer Protection General Directorate Rue Bélliard 232, Room 3/85 B-1049 Bruxelles 
Belgique. 
 Comments may be also sent to the EC SPS Enquiry Po int indicating clearly in the mail "Comments to 
the Commission Report on Animal By-products" with  a clear identification of the institution and 
person sending the comments.  
 
2. The European Commission will take into account all comments in presenting a draft 
"Regulation of the European Parliament and of the Council amending the Regulation (EC) 
No. 1774/2002 laying down health rules concern ing animal by-products not intended for human 
consumption"  that will be notified to the WTO Secretar iat once a majority view is adopted in 
consultation with EC member States.  
                                                     
 
1  Official Journal of the EC No. L273, 10 October 2002, pages 1-95. G/SPS/GEN/719 
Page 2  
 
   
Background
 
 3. In document G/SPS/N/EEC/103 (24 November 2000) the European Communities notified a 
regulatory proposal that later became  Regulation (EC) No. 1774/2002 of the European Parliament 
and of the Council of 3 October 2002 laying down he alth rules concerning animal by-products not 
intended for human consumption .  This Regulation established cond itions to ensure that the products 
imported are of a hygiene standard equal, or equi valent to, the standards applied in the European 
Communities and to this end, it introduced a syst em of approval for the third countries and their 
establishments, an EC inspection (or audit) proced ure, and model health certificates, which must 
accompany the imported products.  It entered in to force on 1 November 2002 and applied on 
1 May 2003.   4. The Commission tries in all circumstances to comp ly with Article 5(6) of the SPS Agreement, 
i.e. the measures should not be more trade-restrictive than required to achieve the appropriate level 
of sanitary or phytosanitary protection, taki ng into account technical and economic feasibility .  This 
can be verified in Table I (annexed) in which a co mprehensive view of the modifications is presented. 
A consolidated text, with date of reference for th e consolidation of 11 March 2005 is available at the 
following internet addresses:   English  http://eur-lex.europa.eu/LexUriServ/site /en/consleg/2002/R/02002R1774-20050315-en.pdf
  
 
French http://eur-lex.europa.eu/LexUriServ/site /fr/consleg/2002/R/ 02002R1774-20050315-fr.pdf   
 Spanish http://eur-lex.europa.eu/LexUriServ/site /es/consleg/2002/R/02002R1774-20050315-es.pdf
.  
 
 
  
   G/SPS/GEN/719
 Page 3Aim of the notified proposal Document Notification 
To comply with obligations of Article 7 of 
the WTO Agreement. COM(2000)574 final Proposal for a Regulation of the European 
Parliament and of the Council laying down the health rules concerning 
animal by-products not inte nded for human consumption  (155 pages) G/SPS/N/EEC/103 
(24 November 2000) 
To extend the comment period. - G/SPS/N/EEC/103/Add.1 
(7 February 2001) 
To inform of  the adoption of  the final act. Regulation (EC) No. 1774/2002 of the European Parliament and of the 
Council of 3 October 2002 laying down he alth rules concerning animal by-
products not intended for human consumption , O. J. No. L273 of 
10 October 2002, pages 1 to 95 G/SPS/N/EEC/103/Add.2  
(23 October 2002) 
To set down a general "transitional period" for third countries lasting until 31 December 2003. Regulation (EC) No. 812/2003 of 12  May 2003 on transitional measures 
under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the importation and transit of certain products from 
third countries  (Official Journal L117, 13 May 2003, pages 19-21) G/SPS/N/EEC/103/Add.3 
(28 May 2003) 
To introduce technical amendments and update import rules, health certificates and list of third countries authorized to export, requirements for tricalcium phosphate and collagen, digest. Draft Commission regulation amending certain Annexes to Regulation 
(EC) No. 1774/2002 of the European Parliament and of the Council, as regards the importation from thir d countries of animal by-products  G/SPS/N/EEC/103/Add.4 
(16 September 2003) 
To facilitate trade of photographic gelatine. Draft Commission Decision on trans itional sanitary and certification rules 
under Regulation (EC) No. 1774/2002 of the European Parliament and of 
the Council, as regards import from certain third countries of photographic 
gelatine  G/SPS/N/EEC/103/Add.5 
(17 September 2003) 
To introduce further transitional 
arrangement for Australia, Canada, China 
and USA. Draft proposal on transitional me asures under Regulation (EC) No. 
1774/2002 of the European Parliament and of the Council, as regards the 
import and transit of certain produc ts from certain third countries G/SPS/N/EEC/103/Add.6 
(11 November 2003) 
To extend the period of validity of the transitional measures notified in Add.3. Draft Commission Regulation of extending the validity of Regulation (EC) 
No. 812/2003 on transitional meas ures under Regulation (EC) No. 
1774/2002 as regards the importation a nd transit of certain products from 
third countries G/SPS/N/EEC/103/Add.7 
(23 December 2003)  
  G/SPS/GEN/719 
Page 4 
Aim of the notified proposal Document Notification 
To implement risk analysis measures for 
safe treatment and disposal of animal by-products. Draft Commission Regulation implementing Regulation (EC) No. 
1774/2002 of the European Parliament  and of the Council as regards 
means of disposal or uses of animal by-products and amending its Annex 
VI as regards biogas transforma tion and processing of rendered fats  G/SPS/N/EEC/103/Add.8 
(4 May 2004) 
To implement risk analysis measures for animal by-products of fish origin.  Draft Commission Regulation amending Regulation (EC) No. 1774/2002 of 
the European Parliament and of the Council as regards processing of 
animal by-products of fish origin and commercial documents for the 
transportation of animal by-products G/SPS/N/EEC/103/Add.9 
(4 May 2004) 
To avoid disruption of trade, by extending the period of acceptance of imported animal by-products for technical purposes. 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  (OJ L162, 30 April 2004, pages 62-64) G/SPS/N/EEC/103/Add.10 
(18 June 2004) 
To implement risk management measures following an analysis of the risk of jeopardizing the EC status of free from 
FMD by imports of milk for feeding 
animals. Draft amending Annexes VII, X and XI to Regulation (EC) No. 1774/2002 
of the European Parliament and of th e Council as regards the requirements 
for the processing of milk and milk pr oducts defined as Category 3 animal 
by-products  G/SPS/N/EEC/103/Add.11 
(17 March 2006) 
Extending comment period. - G/SPS/N/EEC/103/Add.12 
(11 April 2006) 
To introduce proportionate health requirements for intermediate products used 
in the medical devices and laboratory reagents industry. Draft Commission Regulation implementing Regulation (EC) No. 
1774/2002 of the European Parliament and of the Council as regards the 
importation and transit of certain intermediate products derived from Category 3 material intended for technical uses in medical devices and laboratory reagents and amending that Regulation   G/SPS/N/EEC/103/Add.13 
(13 April 2006) 
To extend the scope of products concerned 
to permit the use of certain low risk material for the manufacture of technical products and for certain feeding purposes Draft Commission Regulation amending Regulation (EC) No. 878/2004 
laying down transitional measures in accordance with Regulation (EC) No. 1774/2002 for certain animal by-product s classified as Category 1 and 2 
materials and intended for technical purpose G/SPS/N/EEC/103/Add.14 
(6 July 2006)   
   G/SPS/GEN/719
 Page 5Aim of the notified proposal Document Notification 
To amend the model health certificates, 
setting less stringent conditions  and/or 
widening the number of animal by-products  
concerned.   Draft Commission regulation amending Annexes I, II, VII, VIII, X and XI to 
Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the placing on th e market of certain animal by-products  
(document SANCO/3890/2005 Rev.7)  G/SPS/N/EEC/103/Add.15 
(6 July 2006) 
 
__________