WORLD TRADE  
ORGANIZATION  G/SPS/GEN/889 
20 November 2008 
 (08-5664) 
Committee on Sanitary a nd Phytosanitary Measures Original:   English/ 
 French/  Spanish 
 
  
RULES RELATED TO THE EXPORT OF MEAT-AND-BONE MEAL TO  
THIRD COUNTRIES IN ORDER TO ENSU RE THE PREVENTION AND CONTROL  
OF CERTAIN TRANSMISSIBLE SPONGIFORM ENCEPHALOPATHIES (TSES) 
 
Communication from the European Communities
 
  
 The following communication, received on 13 November 2008, is being circulated at the 
request of the European Communities
. 
 
_______________ 
 
 1. The purpose of this information note from the Eu ropean Communities is to describe the rules 
imposed on the export of meat-and-bone meal to thir d countries in order to ensure the prevention and 
control of certain transmissible spongiform encephalopathies (TSEs). 
2. Reference in this respect should be made to tw o legal acts.  Where the rules related to the 
prevention and control of TSEs are laid down in Regulation (EC) No 999/2001 (TSE Regulation)
1, the 
rules related to the handling and processing of meat-and-bone meal are laid down in Regulation (EC) 
No 1774/2002 on animal by-products not intended fo r human consumption (the "Animal By-Products 
Regulation").2 
1. Health rules for animal by-products  not intended for human consumption 
3. The Animal By-Products Regulation lays down specific health requirements for animal by-
products not intended for human consumption.  Th e Regulation classifies animal by-products into 
three categories based on their poten tial risk to animal and public health, and determines the possible 
uses and the obligations to dispose of animal  by-products of the different categories. 
4. Category 1 materials  (i.e. animal by-products presenting high risks related to transmissible 
spongiform encephalopathies (TSEs), residues of prohibited substances, e.g. hormones used for 
growth promotion, or environmental contaminants, e. g. dioxins, PCBs) must in general be completely 
disposed of as waste by incineration or  landfill after appropriate heat treatment. 
                                                      
1 OJ L 147, 31.5.2001, p. 1. Regulation last amended by Regulation (EC) No 571/2008 (OJ L 161, 
20.06.2008, p. 4). 
2 OJ L 273, 10.10.2002. Regulation as last amended by Commission Regulation (EC) No 777/2008 
(OJ L 207, 5.8.2008, p.9). G/SPS/GEN/889 
Page 2  
 
  5. Category 2 materials  include animal by-products presenti ng a risk of contamination with 
other animal diseases (e.g. animals which die on farm  or are killed in the context of disease control 
measures on farm, or at risk of r esidues of veterinary drugs), and may be recycled for uses other than 
feed for farmed animals after appropriate treatment  (e.g. biogas, composting, oleo-chemical products, 
etc). 
6. Only Category 3 materials  (i.e. by-products derived from healthy animals slaughtered for 
human consumption) may be used in the produ ction of feeds for farmed animals following 
appropriate treatment in approved processing plants.  In particular, processed animal proteins  are 
defined as animal proteins derived entirely from Ca tegory 3 material which has been processed as to 
render them suitable for direct use as feed material or  other use in feedingstuffs, including pet food, or 
use in organic fertilisers or soil improvers. 
7. The Animal By-Products Regulation provides that processed products derived from 
Category 1 or 2 materials, with the exception of liquid products destined for biogas or composting 
plants, must be permanently marked, where technically possible with smell, using a system approved by the competent authority. 
8. Based on a report from the Joint Research Cent re (JRC) of the European Commission, 
Glyceroltriheptanoate (GTH) has been identified as a suitable marker for animal by-products which 
undergo rendering processes.  Further information on this report and a method for the determination 
of GTH are available at the website of the JRC. (http://irmm.jrc.ec.europa.eu/ html/activities/marker_for _animal_by_products/index.htm
 ) 
9. On the basis of this report, detailed require ments for the marking of processed animal by-
products have been laid down by way of an am endment to the Animal By-Products Regulation 
(Commission Regulation (EC) No 1432/2007, OJ L 320, 6.12.2007, p. 13) with entry into force on 1 July 2008. 
2. Rules related to transmissible spongiform en cephalopathies (TSE) and in particular to 
the prohibition on the use of animal protei ns in feed for farmed animals and export 
thereof 
10. Regulation (EC) No 999/2001 of the European Parliament and the Council lays down the 
rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies.  
A ban on the feeding of mammalian meat and bone  meal (MBM) to cattle, sheep and goats was 
introduced as of July 1994.  This partial ban was extended to a total EC-wide suspension on the use of 
processed animal protein in feed for any animals farmed for the production of food on 1 January 2001 
with some exceptions like the use of fish meal for non-ruminants (pigs, poultry) and the use of fish 
meal in milk replacers destined for youn g ruminants (calves, lambs and kids). 
With the total ban within European Communities,  also specific rules are applicable to the 
export of processed animal proteins and prod ucts containing such proteins from member 
States to third countries. 
 
11. Those rules apply without prejudice to the rules on export under the Animal By-Products 
Regulation.  That Regulation prohibits the expor t of any Category 1 or Category 2 material, unless 
specific authorization has been granted by EC law. 
12. In accordance with Regulation (EC) No 999/2001,  the export to third countries of processed 
animal proteins (Category 3 mate rial) derived from ruminants, and of products containing such 
protein, is prohibited.  G/SPS/GEN/889 
 Page 3 
 
 
   
13. The export of processed animal proteins deri ved from non-ruminants or products containing 
such proteins, e.g. soil improvers or fertilisers, sh all only be permitted following a bilateral agreement 
between the member State of production and the third country which includes an undertaking from the third country not to use the processed animal protei ns or products containing such protein for uses 
prohibited within the European Communities nor to re-export the processed animal proteins or 
products containing such proteins for uses prohibite d within the European Communities.  The purpose 
of the bilateral agreement is to provide proof of the undertaking by the third country. Therefore, the 
formal requirements for such an agreement are fulfilled by written evidence.  EC law does not impose 
such agreements to be in the form of international treaties. 
14. Fish meal and products containing fish meal and finished pet food containing processed 
animal proteins of ruminant origin (Category 3 material) may be exported from a member State to a 
third country without a bilateral agreement. 
15. For the specific case of the export of organic fertilizers and soil improvers produced on the 
basis of meat-and-bone meal (of Category 3, i.e. processed animal protein, or of Category 2), certain 
requirements regarding pathogen control, packagin g and labelling have been adopted by way of 
Commission Regulation (EC) No 181/2006 (OJ L 29, 2.2.2006, p.31). 
3. Fertiliser and soil improvers 
16. Whereas the export of fertilisers and soil impr overs derived from Category 3 materials is 
subject to bilateral agreement due to their potentia l non-intended use in feeding for farmed animals 
not allowed under the bilateral agre ement, the export of fertilisers and soil improvers produced on the 
basis of meat-and-bone meal derived from Categor y 2 materials are not subject to a bilateral 
agreement.  However, the presence of the GTH marker  will allow third countries to verify that the 
imported fertilisers or soil improvers produced on  the basis of meat-and-bone meal derived from 
Category 2 materials are only destined for the inte nded use as fertiliser or soil improvers and not for 
feeding of farmed animals. 
17. Any request for additional information can be  directed to the competent authorities of 
member States of the European Communities or to the European Commission.  The contact details 
within Directorate General Health & Consumers are listed below: 
Contact within the European Commission:  
Directorate General Health & Consumer s (DG SANCO), B 1049 Brussels (Belgium) 
ABP
:  Tim Gumbel, tel: +(32-2)292.15.53, E-mail:  Tim.Gumbel@ec.europa.eu  
TSE:  Koen Van Dyck, tel:  +(32-2) 298.43.34, E-mail:  koen.van-dyck@ec.europa.eu  
  
__________