Directive 2002/33/EC of the European Parliament and of the Council of 21 October 2002 amending Council Directives 90/425/EEC and 92/118/EEC as regards health requirements for animal by-products
Date: 2002-10-21
Institutions: Council of the European Union, European Parliament
Subjects: animal product, by-product, consumer protection, health control, product safety

L 315/14

EN

Official Journal of the European Communities

19.11.2002

DIRECTIVE 2002/33/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 21 October 2002

amending Council Directives 90/425/EEC and 92/118/EEC as regards health requirements for
animal by-products

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 152(4)(b) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social
Committee (2),

Having consulted the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3),

Whereas:

(1)

(2)

(3)

Numerous Community acts lay down animal and public
health conditions for the processing and disposal of
animal waste and for the production, placing on the
market, trade and importation of products of animal
origin not intended for human consumption.

Regulation (EC) No 1774/2002 of the European Parlia-
ment and of the Council of 3 October 2002 laying down
the health rules concerning animal by-products not
intended for human consumption (4) has replaced the
rules contained in those acts.

To take account of those new rules, 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 the
completion of the internal market (5) and Council Direc-
tive 92/118/EEC of 17 December 1992 laying down
animal health and public health requirements governing
trade in and imports into the Community of products
not subject to the said requirements laid down in specific
Community rules referred to in Annex A(I) to Directive
89/662/EEC and, as regards pathogens, to Directive 90/
425/EEC (6), should therefore be amended,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

In Directive 90/425/EEC, the seventh indent of section 1 of
Chapter I of Annex A shall be replaced by the following:

(1) OJ C 62 E, 27.2.2001, p. 166.
(2) OJ C 193, 10.7.2001, p. 31.
(3) Opinion of the European Parliament of 12 June 2001 (OJ C 53,
28.2.2002, p. 22), Council Common Position of 20 November
2001 (OJ C 45 E, 19.2.2002, p. 66) and decision of the European
Parliament of 13 March 2002 (not yet published in the Official
Journal).

(4) OJ L 273, 10.10.2002, p. 1.
(5) OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive

92/118/EEC (OJ L 62, 15.3.1993, p. 49).

(6) OJ L 62, 15.3.1993, p. 49. Directive as last amended by Commis-

sion Decision 2001/7/EC (OJ L 2, 5.1.2001, p. 27).

‘— Regulation (EC) No 1774/2002 of the European Parlia-
ment and of the Council of 3 October laying down the
animal by-products not
health rules
intended
L 273,
10.10.2002, p. 1).’

for human consumption (OJ

concerning

Article 2

Directive 92/118/EEC is hereby amended as follows:

1.

in Article 2, points (e) and (g) shall be deleted;

2. Article 3 shall be amended as follows:

(a) in the first indent, the following words shall be deleted:

‘together with gelatins not
consumption’; and

intended for human

(b) the second indent shall be replaced by the following:

‘— any new product of animal origin intended for
human consumption whose placing on the market
in a Member State is authorised after the date
provided for in Article 20 may not be the subject of
trade or importation until a decision has been taken
in accordance with the first paragraph of Article 15
after evaluation,
if appropriate in the light of the
opinion of the Scientific Veterinary Committee set
up by Decision 81/651/EEC, of the real risk of the
spread of serious transmissible diseases which could
result from movement of the product, not only for
the species from which the product originates but
also for other species which could carry the disease,
become a focus of disease or a risk to human
health,’;

3.

in Article 10(2), subparagraph (b) shall be replaced by the
following:

‘(b) unless otherwise specified in Annex II, products must
come from establishments on a Community list to be
drawn up in accordance with the procedure laid down
in Article 18;’;

4. Annex I shall be amended as follows:

(a) Chapters 1, 3 and 4 shall be deleted;

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Official Journal of the European Communities

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(b) Chapter 5 shall be amended as follows:

Article 3

(i) in the title, the following words shall be added:

‘intended for human consumption’;

(ii) in part A, the following shall be deleted:

‘A. where they are intended for human or animal

consumption:’;

(iii) part B shall be deleted;

(c) Chapter 6 shall be amended as follows:

(i) in the title, the following words shall be added:

‘intended for human consumption’;

(ii) part I shall be amended as follows:

— paragraph A shall be replaced by the following:

‘A. As regards trade, to the production of the
document or certificate provided for
in
Directive 77/99/EEC, stating that the require-
ments of that Directive have been complied
with;’,

— in paragraph B(1), point (a) shall be replaced by

the following:

‘(a) the products fulfil the requirements of Direc-

tive 80/215/EEC;’;

(d) in Chapter 7, part II shall be deleted; and

(e) Chapters 8, 10 and 12 to 15 shall be deleted.

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Direc-
tive on 30 April 2003. They shall
forthwith inform the
Commission thereof.

When Member States adopt those measures, they shall contain
a reference to this Directive or be accompanied by such a refer-
ence on the occasion of their official publication. The methods
of making such a reference shall be laid down by the Member
States.

Article 4

This Directive shall enter into force on the day of its publica-
tion in the Official Journal of the European Communities.

This Directive is addressed to the Member States.

Article 5

Done at Luxembourg, 21 October 2002.

For the European Parliament

The President

P. COX

For the Council

The President

P. S. MØLLER