WORLD TRADE  
ORGANIZATION  G/SPS/GEN/773 
2 May 2007 
 (07-1813) 
Committee on Sanitary a nd Phytosanitary Measures Original:   English 
  
 
CALL FOR COMMENTS ON A COMMISSION CONSULTATION ON THE REVIEW OF 
REGULATION (EC) NO 1774/2002 LAYING DOWN HEALTH RULES CONCERNING 
ANIMAL BY-PRODUCTS NOT INTENDED FOR HUMAN CONSUMPTION
1 
 
Communication from the European Communities  
  
 The following communication, received on 25 April 2007, is being circulated at the request of 
the Delegation of the European Communities.  
_______________ 
 
 
1. In 2006, in document G/SPS/GEN/719 (8 August 2006) "Call for early comments on a 
Commission Report on animal by products not intended for human consumption", the European 
Communities called for comments on a report to th e European Parliament and the Council. In 
supplement to the above, the Commission has cons idered the issue and is now launching an online 
public consultation , in the form of a questionnaire, in orde r to gather data concerning the potential 
impacts of the review of the animal by-products Regulati on (see background). 
2. The online consultation can be accessed via the internet address indicated below: 
http://ec.europa.eu/yourvoice/ipm/forms/dispatch?form=animalbyproducts
 
 
3. All EC trading partners are invited to comment online before 18 June 2007. Written 
comments may also be sent to the following address: 
 
“Comments to the Commission consultation on the review of the Animal By-Products Regulation” 
European Commission 
Health and Consumer Prot ection Directorate-General 
Rue Bélliard 232, Room 3/85 B-1049 Brussels 
 
Comments may be also sent to the EC SPS Enquiry Po int indicating clearly in the mail "Comments to 
the Commission consultation on the review of the Animal By-Products Regulation" with a clear 
identification of the institution and person sending the comments.  4. The European Commission will take into acc ount all comments in finalizing an impact 
assessment report and in presenting a draft "Regulation of the European Parliament and of the 
Council amending the Regulation (EC) No 1774/2002 laying down health rules concerning animal 
by-products not intende d for human consumption"  that will be communicated to the WTO Secretariat 
in due course. 
                                                     
 
1 Official Journal of the EC L 273, 10/10/2002, pages 1-95. G/SPS/GEN/773 
Page 2  
 
   
BACKGROUND 
 
5. 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 equiva lent to the standards applied in the European 
Communities.  To this end, it introduced a sy stem for approval of third countries and their 
establishments, an EC inspection (or audit) proced ure, and model health certificates, which must 
accompany the imported products.  It entered into  force on 1 November 2002 and applied as of 
1 May 2003.  
6. The Commission tries in all circumstances to co mply 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 the annexed table in which a co mprehensive view of the modifications is presented. 
A consolidated text, with date of reference for the consolidation of 11 March 20 05, 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/773 
 Page 3 
 
 
   
Aim of the notified proposal Document Notification 
To comply with obligations of 
Article 7 of the SPS 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 intended 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 health rules concerning animal 
by-products not intended for human consumption, Official Journal No L 273, 10.10.2002, pages 1-95 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 Commission 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 No 117, 13.05.2003, pages 19-21)  G/SPS/N/EEC/103/Add.3 
(28 May 2003). 
To introduce technical amendments and to update the import rules, the health 
certificates and the list of third 
countries authorized to export, and to update the 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 third 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 
transitional 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 arrangements for Australia, Canada, China and the United States Draft Commission Regulation on 
transitional measures pursuant to the Regulation (EC) No 1774/2002 of the European Parliament and of the 
Council as regards the import and 
transit of certain products from certain third countries G/SPS/N/EEC/103/Add.6 
11 November 2003 G/SPS/GEN/773 
Page 4  
 
  Aim of the notified proposal Document Notification 
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 measures under Regulation (EC) No 
1774/2002 as regards the importation 
and transit of certain products from third countries G/SPS/N/EEC/103/Add.7 
(23 December 2003) 
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 transformation 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 (Official Journal No L 162, 
30.04.2004, 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 Commission Regulation 
amending Annexes VII, X and XI to 
Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the requirements for the processing of milk and milk products 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)  G/SPS/GEN/773 
 Page 5 
 
 
  Aim of the notified proposal Document Notification 
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-products classified as Category 1 and 2 materials and intended for technical purpose. G/SPS/N/EEC/103/Add.14 
(6 July 2006)  
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 the market of certain 
animal by-products. G/SPS/N/EEC/103/Add.15 
(6 July 2006) 
To require that milk must be subjected to one of the specified treatments Draft Commission Regulation 
amending Annexes VII, X and XI to Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards the requirements for the processing of milk and milk 
products defined as Category 3 animal 
by-products. G/SPS/N/EEC/103/Add.16 
(29 November 2006) 
To permit the use of certain low risk material for the manufacture of technical products and for certain feeding purposes Commission Regulation (EC) No 
1877/2006 of 18 December 2006 amending Regulation (EC) No 878/2004 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. G/SPS/N/EEC/103/Add.17 
(3 January 2007) 
To call for early comments on a Commission report on animal by-products not intended for human consumption Commission report to the European 
Parliament and the Council (COM(2005)521 final) on animal by-products G/SPS/GEN/719 
(8 August 2006) 
__________