Commission Decision
of 12 May 2003
on transitional measures under Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards the use in feed of used cooking oil
(notified under document number C(2003) 1489)
(Only the English text is authentic)
(Text with EEA relevance)
(2003/320/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 32(2) thereof,
Whereas:
(1) Regulation (EC) No 1774/2002 provides for a complete revision of Community rules concerning animal by-products not intended for human consumption, including the introduction of a number of strict requirements. In addition, it provides that appropriate transitional measures may be adopted.
(2) In view of the strict nature of those requirements, it is necessary to provide for non-renewable transitional measures for Ireland and the United Kingdom in order to allow industry sufficient time to adjust. In addition, alternative collection, transport, storage, handling, processing and uses for animal by-products need to be further developed as well as disposal methods for those by-products.
(3) The definition of catering waste includes used cooking oil.
(4) Accordingly, as a temporary measure a derogation should be granted to Ireland and the United Kingdom to enable them to authorise operators to continue to apply national rules to the use of used cooking oil in feed, taking into account the findings of Commission mission visit to the United Kingdom.
(5) In order to prevent a risk to animal and public health appropriate control systems should be maintained in Ireland and the United Kingdom for the period of the transitional measures.
(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
Derogation regarding the use in feed of used cooking oil
Pursuant to Article 32(2) of Regulation (EC) No 1774/2002 and by way of derogation from Article 22(1)(b) of that Regulation, Ireland and the United Kingdom may continue to grant individual approvals until 31 October 2004 at the latest to operators of premises and facilities in conformity with national rules and the rules provided for in the present Decision for the use in feed of used cooking oil, provided that:
(a) the used cooking oil originates exclusively in restaurants, catering facilities and kitchens, including central kitchens and household kitchens;
(b) the used cooking oil is intended exclusively for the production of feed, and no trade in used cooking oil takes place except between the two Member States concerned;
(c) the national rules shall include at least the conditions of use provided for in the Annex to this Decision;
(d) the national rules are only applied in premises and facilities that applied those rules on 1 November 2002.
Article 2
Control measures
The competent authority shall take the necessary measures to control compliance by authorised operators of premises and facilities with the conditions set out in Article 1.
Article 3
Withdrawal of approvals and disposal of material not complying with this Decision
1. Individual approvals by the competent authority for the use in feed of used cooking oil shall be immediately and permanently withdrawn in respect of any operator, premises or facilities if the conditions set out in this Decision are no longer fulfilled.
2. Any material that does not comply with the requirements of this Decision shall be disposed of in accordance with the instructions of the competent authority.
Article 4
Compliance with this Decision by the concerned Member States
Ireland and the United Kingdom shall immediately take the necessary measures to comply with this Decision and shall publish those measures. They shall immediately inform the Commission thereof.
Article 5
Applicability
This Decision shall apply from 1 May 2003 to 31 October 2004.
Article 6
Addressees
This Decision is addressed to the Republic of Ireland and the United Kingdom of Great Britain and Northern Ireland.
Done at Brussels, 12 May 2003.