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 of category 3 catering waste in feed for pigs and the intra-species recycling ban on the feeding of swill to pigs
(notified under document number C(2003) 1502)
(Only the German text is authentic)
(Text with EEA relevance)
(2003/328/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 30 October 2002 laying down health rules concerning animal by-products not intended for human consumption(1), and in particular Article 32 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 transitional measures for Germany and Austria 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) In particular the European Parliament has requested transitional measures on category 3 catering waste.
(4) Accordingly, as a temporary measure a derogation should be granted to Germany and Austria to enable them to authorise operators to continue to apply national rules to category 3 catering waste in feed for pigs, taking into account the findings of Commission mission visits to Germany and Austria.
(5) According to the definition of "catering waste" in Regulation (EC) No 1774/2002, waste from retail outlets such as supermarkets or food factories that are producing products for retail sale is not "catering waste" and therefore should not be covered by the derogation provided for in this Decision.
(6) In order to prevent a risk to animal and public health appropriate control systems should be maintained in Germany and Austria for the period of the transitional measures.
(7) 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
Derogations regarding category 3 catering waste in feed for pigs and the intra-species-recycling ban on feeding swill to pigs
Pursuant to Article 32(2) of Regulation (EC) No 1774/2002 and by way of derogation from point (a) and (b) of Article 22(1) of that Regulation, Germany and Austria may continue to grant individual approvals until 31 October 2006 at the latest to operators of premises and facilities in conformity with national rules, to apply such rules and the rules provided for in the present Decision for the use of Category 3 catering waste in feed for pigs, provided that:
(a) the category 3 catering waste originates exclusively in restaurants, catering facilities and kitchens, including central kitchens and household kitchens in the Member States concerned;
(b) the category 3 catering waste is intended exclusively for the production of processed catering waste (swill) for feeding to pigs in the two Member States concerned, and no trade in category 3 catering waste or swill derived therefrom takes place;
(c) the national rules shall include at least the conditions of use provided for in the Annex to this Decision;
(d) no unprocessed or processed category 3 catering waste shall be fed to feral pigs and to farmed wild boars; and
(e) those operators were operating in conformity with national 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 and in the Annex.
Article 3
Withdrawal of approvals and disposal of material not complying with this Decision
1. Individual approvals by the competent authority for the use of category 3 catering waste 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
Annual report and periodic review
1. The competent authority shall by 31 March each year submit a report to the Commission based on the control measures provided for in Article 2.
2. The Commission shall periodically review the operation of this Decision in the light of the annual reports provided for in paragraph 1 and Commission inspections.
Article 5
Compliance with this Decision by the concerned Member States
Germany and Austria shall immediately take the necessary measures to comply with this Decision and shall publish those measures. They shall immediately inform the Commission thereof.
Article 6
Applicability
This Decision shall apply from 1 May 2003 to 31 October 2006.
Article 7
Addressees
This Decision is addressed to the Federal Republic of Germany and the Republic of Austria.
Done at Brussels, 12 May 2003.