2003/323/EC: 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 total separation of category 1 and 2 materials from category 3 material in intermediate plants (Text with EEA relevance) (notified under document number C(2003) 1495)
Date: 2003-05-12
Institutions: European Commission
Subjects: animal product, by-product, health control, health legislation, waste management

13.5.2003

EN

Official Journal of the European Union

L 117/35

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 total separation of category 1 and 2 materials from category 3 material
in intermediate plants

(notified under document number C(2003) 1495)

(Only the French and Italian texts are authentic)

(Text with EEA relevance)

(2003/323/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS DECISION:

Having regard to the Treaty establishing the European
Community,

Article 1

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(1) thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

Regulation (EC) No 1774/2002 provides for a complete
revision of Community rules concerning animal by-
products not
for human consumption,
including the introduction of a number of strict require-
ments. In addition, it provides that appropriate transi-
tional measures may be adopted.

intended

In view of the strict nature of those requirements, it is
necessary to provide for transitional measures for France
and Italy in order to allow industry sufficient time to
adjust.
transport,
storage, handling, processing and uses for animal by-
products need to be further developed as well as disposal
methods for those by-products.

In addition, alternative collection,

Accordingly, as a temporary measure a derogation
should be granted to France and Italy to enable them to
authorise operators to continue to apply national rules
for the separation of category 1 and 2 materials from
category 3 material in intermediate plants.

In order to prevent a risk to animal and public health
appropriate control systems should be maintained in
France and Italy for
the transitional
measures.

the period of

The measures provided for in this Decision are in accor-
dance with the opinion of the Standing Committee on
the Food Chain and Animal Health,

(1) OJ L 273, 10.10.2002, p. 1.

Derogation regarding the separation of category 1 and 2
materials from category 3 material in intermediate plants

Pursuant to Article 32(1) of Regulation (EC) No 1774/2002
and by way of derogation from Article 10(2) of that Regula-
tion, France and Italy may continue to grant
individual
approvals until 30 April 2004 at the latest to operators of
premises and facilities to apply national rules for the separation
of category 1 and 2 materials from category 3 material in inter-
mediate plants not complying with the requirements set out in
Chapter I(1)(a) and Chapter II(B)(6) of Annex III to that Regula-
tion, provided that the national rules:

(a) ensure that collection, handling,

temporary storage and
dispatching of category 3 is done in ways that prevent
cross-contamination with category 1 and 2 materials;

(b) are only applied in premises and facilities that applied those

rules on 1 November 2002; and

(c) comply with the rest of the requirements of Annex III to

Regulation (EC) No 1774/2002.

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
separation of category 1 and 2 materials from category 3 mate-
rial
in intermediate plants shall be immediately and perma-
nently withdrawn in respect of any operator, premises or facil-
ities if the conditions set out in this Decision are no longer
fulfilled.

L 117/36

EN

Official Journal of the European Union

13.5.2003

The competent authority shall withdraw any approvals

2.
granted under Article 1 by 30 April 2004 at the latest.

The competent authority shall not grant a final approval under
Regulation (EC) No 1774/2002 unless on its basis of its inspec-
tions it is satisfied that the premises and facilities referred to in
Article 1 meet all the requirements of that Regulation.

3.
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

France and Italy 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 30 April 2004.

Article 6

Addressees

This Decision is addressed to the French Republic and the
Italian Republic.

Done at Brussels, 12 May 2003.

For the Commission

David BYRNE

Member of the Commission