Commission Regulation (EC) No 808/2003
of 12 May 2003
amending Regulation (EC) No 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption
(Text with EEA relevance)
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 Articles 12(5) and 32(1) thereof,
Whereas:
(1) The Scientific Steering Committee issued an opinion on 16 and 17 January 2003 on the safety vis-à-vis TSEs of the use of low-capacity incineration plants and co-incineration plants for incinerating potentially TSE infected animal materials.
(2) In order to take account of that opinion, it is appropriate to amend the provisions of Regulation (EC) No 1774/2002 as regards the operation of low-capacity incineration plants or co-incineration plants for the disposal of the carcasses of certain animals.
(3) In addition, the Annexes to Regulation (EC) No 1774/2002 should be amended in order to make a number of technical amendments to them to bring them more into conformity with the Articles of that Regulation and to clarify the rules applicable to a number of additional products.
(4) Additional rules concerning the treatment of wastewater from premises where microbiological or other contamination risks may be present as a consequence of the handling of Category 1 or Category 2 materials should be provided;
(5) The material error affecting the technical requirements applicable to the processing of by-products pursuant to the processing Method n° 2 should also be corrected;
(6) While the feed ban provided for in Council Decision 2000/766/EC(2) remains in force, less stringent processing requirements should apply to mammalian processed animals proteins, given the exclusive destination as waste of such material which is a consequence of the ban;
(7) Regulation (EC) No 1774/2002 should therefore be amended accordingly.
(8) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS REGULATION:
Article 1
Amendment to Regulation (EC) No 1774/2002
Regulation (EC) No 1774/2002 is amended as follows:
1. In Article 12(3), point (a) is replaced by the following:
"(a) be used only for the disposal of dead pet animals, animal by-products as referred to in Articles 4(1) (b), 5(1) and 6(1) to which Directive 2000/76/EC does not apply";
2. In Article 12(3), the following point (h) is added:
"(h) fulfil the conditions in Annex IV, Chapter VII when used for the disposal of animal by-products referred to in Article 4(1)(b)."
3. Annexes I to IX are amended in accordance with the Annex to this Regulation.
Article 2
Entry into force
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 1 May 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 May 2003.