# L_2005025EN.01007101.xml

| 28.1.2005 | EN | Official Journal of the European Union | L 25/71 |
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28.1.2005

EN

Official Journal of the European Union

L 25/71

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COMMISSION DECISION

of 27 January 2005

laying down transitional measures to be applied by Cyprus as regards on-site burning or burial of animal by-products under Regulation (EC) No 1774/2002 of the European Parliament and of the Council

(notified under document number C(2005) 133)

(Only the Greek text is authentic)

(Text with EEA relevance)

(2005/62/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to 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 (1), and in particular Article 24(6) and Article 32(1) thereof,

Whereas:

| (1) | Under Regulation (EC) No 1774/2002 derogations may be granted regarding the disposal by on-site burning or burial of animal by-products in restricted circumstances. That Regulation also provides that no derogation may be granted in respect of animals suspected of being infected with a transmissible spongiform encephalopathy (TSE) or in which the presence of a TSE has been officially confirmed. |
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(1)

Under Regulation (EC) No 1774/2002 derogations may be granted regarding the disposal by on-site burning or burial of animal by-products in restricted circumstances. That Regulation also provides that no derogation may be granted in respect of animals suspected of being infected with a transmissible spongiform encephalopathy (TSE) or in which the presence of a TSE has been officially confirmed.

| (2) | Commission Regulation (EC) No 811/2003 of 12 May 2003 implementing Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards the intra-species recycling ban for fish, the burial and burning of animal by-products and certain transitional measures (2) lays down implementing rules for the disposal of animal by-products by on-site burning or burial. |
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(2)

Commission Regulation (EC) No 811/2003 of 12 May 2003 implementing Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards the intra-species recycling ban for fish, the burial and burning of animal by-products and certain transitional measures (2) lays down implementing rules for the disposal of animal by-products by on-site burning or burial.

| (3) | Commission Decision 2004/467/EC of 29 April 2004 laying down transitional measures to be applied by Cyprus and Estonia as regards on-site burning or burial of animal by-products under Regulation (EC) No 1774/2002 of the European Parliament and of the Council (3) provides for a derogation to these rules applicable until 1 January 2005. |
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(3)

Commission Decision 2004/467/EC of 29 April 2004 laying down transitional measures to be applied by Cyprus and Estonia as regards on-site burning or burial of animal by-products under Regulation (EC) No 1774/2002 of the European Parliament and of the Council (3) provides for a derogation to these rules applicable until 1 January 2005.

| (4) | Cyprus has informed the Commission that it will not have operational collection systems in place for animal by-products on 1 January 2005. It is therefore necessary to maintain the transitional measures laid down by Decision 2004/467/EC for a further period of time. |
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(4)

Cyprus has informed the Commission that it will not have operational collection systems in place for animal by-products on 1 January 2005. It is therefore necessary to maintain the transitional measures laid down by Decision 2004/467/EC for a further period of time.

| (5) | During the transitional period Cyprus should take the necessary measures to avoid endangering human or animal health and the environment as laid down in Regulation (EC) No 811/2003. |
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(5)

During the transitional period Cyprus should take the necessary measures to avoid endangering human or animal health and the environment as laid down in Regulation (EC) No 811/2003.

| (6) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
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(6)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

1.   By way of derogation from Articles 4(2), 5(2) and 6(2) of Regulation (EC) No 1774/2002, Cyprus may, in respect of its own territory, and until 1 November 2005, permit on-site burning or burial of animal by-products.

2.   The derogation referred to in paragraph 1 does not apply to Category 1 material referred to in Article 4(1)(a)(i) of Regulation (EC) No 1774/2002.

Article 2

When permitting on-site burning or burial, as provided for in Article 1 of this Decision, Cyprus shall take all necessary measures to avoid endangering human or animal health and the environment in accordance with the implementing rules laid down in Articles 6 and 9 of Regulation (EC) No 811/2003. Cyprus shall, by 1 June 2005, inform the Commission and other Member States of the progress made in establishing the disposal system.

Article 3

This Decision shall apply from 1 January 2005 until 1 November 2005.

Article 4

This Decision is addressed to the Republic of Cyprus.

Done at Brussels, 27 January 2005.

For the Commission

Markos KYPRIANOU

Member of the Commission

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(1)  
  OJ L 273, 10.10.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 668/2004 (OJ L 112, 19.4.2004, p. 1).

1

(2)  
  OJ L 117, 13.5.2003, p. 14.

2

(3)  
  OJ L 160, 30.4.2004, p. 1.

3

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