2003/329/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 heat treatment process for manure (Text with EEA relevance) (notified under document number C(2003) 1505)
Date: 2003-05-12
Institutions: European Commission
Subjects: agricultural waste, health control, health legislation, organic fertiliser, waste recycling

13.5.2003

EN

Official Journal of the European Union

L 117/51

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 heat treatment process for manure

(notified under document number C(2003) 1505)

(Only the French, Dutch, German, Finnish and Swedish texts are authentic)

(Text with EEA relevance)

(2003/329/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

transitional measures

In view of the strict nature of those requirements, it is
necessary to provide for
for
Belgium, France, the Netherlands and Finland in order to
allow industry sufficient time to adjust. In addition, alter-
native 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.

Accordingly, as a temporary measure a derogation
should be granted to Belgium, France, the Netherlands
and Finland to enable them to authorise operators to
continue to apply national rules for the heat treatment
process for manure.

In order to prevent a risk to animal and public health
appropriate control systems should be maintained in
Belgium, France, the Netherlands and Finland for the
period of the transitional measures.

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 heat
manure

treatment process for

Pursuant to Article 32(1) of Regulation (EC) No 1774/2002
and by way of derogation from paragraph 5(b) of Chapter III of
Annex VIII to that Regulation, Belgium, France, the Netherlands
and Finland may continue to grant individual approvals, until
31 December 2004 at the latest, to operators of premises and
facilities in conformity with national rules, to apply such rules,
for the heat treatment process for manure, provided that the
national rules:

(a) guarantee the overall reduction of pathogens;

(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 Chapter III of

Annex VIII 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
heat treatment process for manure 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.

The competent authority shall withdraw any approvals

2.
granted under Article 1 by 31 December 2004 at the latest.

L 117/52

EN

Official Journal of the European Union

13.5.2003

The competent authority shall not grant a final approval under
Regulation (EC) No 1774/2002 unless on the basis of
its
inspections 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 5

Applicability

This Decision shall apply from 1 May 2003 to 31 December
2004.

Article 6

Addressees

Article 4

This Decision is addressed to the Kingdom of Belgium, the
French Republic,
the Netherlands and the
Republic of Finland.

the Kingdom of

Compliance with this Decision by the concerned Member
States

Belgium, France, the Netherlands and Finland shall immediately
take the necessary measures to comply with this Decision and
immediately inform
shall publish those measures. They shall
the Commission thereof.

Done at Brussels, 12 May 2003.

For the Commission

David BYRNE

Member of the Commission