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►B COMMISSION DECISION
of 21 October 1997
concerning certain protection measures with regard to trade in certain types of mammalian animal
waste
(Text with EEA relevance)
(97/735/EC)
(OJ L 294, 28.10.1997, p. 7)
Amended by:
Official Journal
No page date
►M1Council Decision 1999/534/EC of 19 July 1999 L 204 37 4.8.1999
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COMMISSION DECISION
of 21 October 1997
concerning certain protection measures with regard to trade in
certain types of mammalian animal waste
(Text with EEA relevance)
(97/735/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/425/EEC of 26 June 1990
concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to thecompletion of the internal market (
1), as last amended by Directive
92/118/EEC (2), and in particular Article 10 (4) thereof,
Whereas following scientific results on the inactivation of the agents of
bovine spongiform encephalopathy (BSE) and scrapie, CommissionDecision 96/449/EC (
3) has laid down rules for the approval of altern-
ative heat-treatment systems for the processing of mammalian animalwaste in the Community;
Whereas during recent inspections and bilateral meetings certain
Member States indicated that difficulties have been encountered in theimplementation of the processing standards laid down in the Annex toDecision 96/449/EC; whereas pending full implementation of thoseprocessing standards, mammalian animal waste continues to be treatedin systems which are ineffective for the complete inactivation of trans-missible spongiform encephalopathy (TSE) agents; whereas MemberStates may authorize the processing of mammalian animal waste by amethod which does not comply with the processing standards set out inthe Annex to Decision 96/449/EC if such processing is preceded orfollowed by a process which achieves the parameters set out in thatAnnex or if the resulting proteinaceous material is destroyed by burial,incineration, burning as fuel or a similar method which ensures safedisposal;
Whereas mammalian meat-and-bone meal not produced in accordance
with the Annex to Decision 96/449/EC could represent a risk for animalhealth regarding transmission of TSE agents; whereas it is necessary toprohibit the sending of such meat-and-bone meal to other MemberStates except under certain circumstances; whereas, in addition, thesame prohibition should also apply to exports to third countries so as toprevent deflections of trade;
Whereas some Member States have informed the Commission that they
do not have sufficient capacity on their territory to incinerate processedmammalian animal waste which has not been treated in accordance withDecision 96/449/EC and which was derived from carcasses of animalskilled in the context of disease-control measures or containing parts ofanimals excluded from the feed and food chain according to nationaleradication plans for BSE; whereas such material is an intermediateproduct; whereas such material may be sent to other Member States forincineration or burning as fuel; whereas it is necessary to set strictconditions to ensure that such material is safely disposed of and cannotenter any food or feed chain; whereas pursuant to Commission Decision96/239/EC (
4), as amended by Decision 96/362/EC (5), that possibility is
not applicable to the United Kingdom;
(1) OJ L 224, 18. 8. 1990, p. 29.
(2) OJ L 62, 15. 3. 1993, p. 49.
(3) OJ L 184, 24. 7. 1996, p. 43.
(4) OJ L 78, 28. 3. 1996, p. 47.
(5) OJ L 139, 12. 6. 1996, p. 17.
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Whereas some Member States have informed the Commission that
some rendering plants are still in the process of complying withDecision 96/449/EC because of difficulties in the supply of new equip-ment; whereas in the meantime those plants are not permitted to placetheir meat-and-bone meal on the market; whereas under Article 4 ofCouncil Directive 90/667/EEC of 27 November 1990 laying down theveterinary rules for the disposal and processing of animal waste, for itsplacing on the market and for the prevention of pathogens in feedstuffsof animal or fish origin and amending Directive 90/425/EEC (
1), as last
amended by the Act of Accession of Austria, Finland and Sweden, aMember State may decide to designate a high-risk processing plant inanother Member State after agreement with the other Member State;whereas it is necessary for a transitional period, pending the full imple-mentation of Decision 96/449/EC, to set strict conditions to ensure thatsuch meat-and-bone meal is further processed in the other MemberState by a process which achieves the parameters set out in the Annexto that Decision; whereas pursuant to Decision 96/239/EC that poss-ibility is not applicable to the United Kingdom;
Whereas mammalian animal waste to which Decision 96/449/EC
applies and which has not been processed in accordance with thestandards set out in the Annex to that Decision should not be fed toanimals; whereas pursuant to Commission Decision 94/381/EC (
2), as
amended by Decision 95/60/EC (3), the feeding to ruminant species of
protein derived from mammalian tissues, with the exception of milk,gelatine, and certain other products, is prohibited;
Whereas Article 13 of Directive 90/667/EEC establishes that for the
purpose of trade, processed products obtained from high-risk or low-riskmaterials must be accompanied by a commercial document; whereasrecent inspections in Member States have shown that in the absence ofuniform commercial documents and in the light of deficiencies in theapplication of Community legislation, traceability of meat-and-bonemeal from production to feeding is not practicable, in particular, formaterial entering intra-Community trade; whereas in order to guaranteetraceability of processed mammalian animal waste entering intra-Community trade, a model of a commercial document must be laiddown; whereas, pending full implementation of Decision 96/449/EC,that commercial document should be accompanied by an officialdeclaration that the material was produced in an approved plant whichcomplies with the processing standards laid down in the Annex toDecision 96/449/EC;
Whereas the measures provided for in this Decision are in accordance
with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
1. Without prejudice to the provisions of Decision 96/239/EC,
Member States shall not send to other Member States or third countriesprocessed mammalian animal waste falling within the scope of Decision96/449/EC which has not been processed in accordance with the para-meters laid down in the Annex to Decision 96/449/EC.
2. Member States shall ensure that mammalian animal waste, falling
within the scope of Decision 96/449/EC, which has not been processedin accordance with the parameters laid down in the Annex to thatDecision cannot enter the feed chain.
Member States shall immediately send a report to the Commission on
the application of the measures taken in relation to the provision laiddown in the first subparagraph.
(1) OJ L 363, 27. 12. 1990, p. 51.
(2) OJ L 172, 7. 7. 1994, p. 23.
(3) OJ L 55, 11. 3. 1995, p. 43.
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3. The prohibitions laid down in paragraphs 1 and 2 shall not applyto the products listed in Article 1 (2) of Decision 96/449/EC.
Article 2
1. For the purpose of trade in processed animal protein intended for
animal consumption as defined by Directive 92/118/EEC, the commer-cial document provided for in Article 13 of Directive 90/667/EEC mustconform to the model laid down in Annex I to this Decision.
2. For the purpose of trade in processed mammalian animal protein
intended for animal consumption as defined by Directive 92/118/EEC,processed in accordance with the parameters laid down in the Annex toDecision 96/449/EC excluding mixtures and products listed in Article 1(2) of that Decision, the commercial document must conform to themodel laid down in Annex I to this Decision and must be accompaniedby an official declaration as laid down in Annex II to this Decision.
Article 3
Member States shall forward to the other Member States and to the
Commission the list of the approved establishments processingmammalian animal waste in their territory which operate in accordancewith the conditions laid down in Decision 96/449/EC within 15 daysafter the notification of this Decision. Any modification to the list shallbe notified immediately to the other Member States and to the Commis-sion.
Article 4
1. Notwithstanding the provisions of Article 1 (1) and without preju-
dice to the provisions of Decision 96/239/EC and of Article 1 (2) ofDecision 96/449/EC, Member States may send to other Member Statesprocessed mammalian animal waste which has not been processed inaccordance with the parameters laid down in the Annex to Decision96/449/EC:
(a) for the purposes of incineration or use as fuel, or
(b) until 31 March 1998, for the purpose of further processing by a
process which achieves the parameters set out in the Annex toDecision 96/449/EC.
2. The derogation provided for in paragraph (1) shall apply only if
the following conditions are fulfilled:
(a) the Member State of destination must have authorized the receipt of
the material;
(b) the material must:
— where it is destined for incineration or use as fuel, be accompa-
nied by an official certificate as laid down in Annex III and thewords ‘Not for animal consumption — For incineration or useas fuel only' must be clearly indicated on the containers in thelanguages of the Member State of origin, destination and transit,or
— where it is destined for further processing, be accompanied by
an official certificate as laid down in Annex IV and the words‘Not for animal consumption — For further processing only'must be clearly indicated on the containers in the languages ofthe Member State of origin, destination and transit;
(c) the material must be transported in sealed covered containers or
vehicles, in such a way as to prevent loss and conveyed directly tothe place of incineration or burning as fuel or to the rendering plant;
(d) Member States must inform the Commission and the other Member
States of the list of incinerators and power plants authorized toreceive material under this Article;
(e) the material may be consigned only to establishments listed
pursuant to point (d) and Article 3;
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(f) Member States which send material to other Member States must
inform by means of the ANIMO system (1) the competent authority
of the place of destination of each consignment sent. The words‘Not for animal consumption — For incineration or use as fuel only'or ‘Not for animal consumption — For further processing only' asappropriate must be contained in the ANIMO message;
(g) Member States of destination must inform by means of the ANIMO
system the competent authority of the place of origin of the arrivalof each consignment;
(h) Member States of destination must ensure that the designated plants
on their territory use the consignment only for the purposes laiddown in paragraph 1 and keep full records demonstrating compli-ance with this Decision.
Article 5
This Decision shall apply as from the day following the date of its
notification.
However, Article 2 shall only apply as from the 30th day following the
date of notification of this Decision.
Article 6
This Decision is addressed to the Member States.
(1) Commission Decision 91/398/EEC, OJ L 221, 9. 8. 1991, p. 30.
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ANNEX I

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ANNEX II
OFFICIAL DECLARATION
for processed mammalian animal protein excluding mixtures and products listed in Article 1 (2) o f
Commission Decision 96/449/EC
Commercial Document No (1): ................................................................................................
DECLARATION
Number of the Declaration: ....................................................................................................
The undersigned official veterinarian certifies that the plant .. ........................................................ (2)
is approved in accordance with Council Directive 90/667/EEC, applies the processing standards laid down in
the Annex to Decision 96/449/EC and has been validated according to procedures ►(1)laid down in Annex III
to Decision 1999/534/EC ◄.
Done at ...........................................................,on ..........................................................
/SS74Stamp (3)
.........................................................................................................
(signature of the official veterinarian) (3)
.........................................................................................................
(name in capital letters, qualifications and title)
(1) To be completed by the owner of the establishment or its representative.
(2) Address and veterinary approval number of the establishment.
(3) The signature and the stamp must be in a colour different to that of the printing.
►(1)M1
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ANNEX III

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ANNEX IV

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