2003/324/EC: Commission Decision of 12 May 2003 as regards a derogation from the intra-species recycling ban for fur animals under Regulation (EC) No 1774/2002 of the European Parliament and of the Council (Text with EEA relevance) (notified under document number C(2003) 1496)
Date: 2003-05-12
Institutions: European Commission
Subjects: Finland, animal nutrition, derogation from EU law, fur-bearing animal, health control, health legislation, waste recycling

13.5.2003

EN

Official Journal of the European Union

L 117/37

COMMISSION DECISION

of 12 May 2003

as regards a derogation from the intra-species recycling ban for fur animals under Regulation (EC)
No 1774/2002 of the European Parliament and of the Council

(notified under document number C(2003) 1496)

(Only the Finnish and Swedish texts are authentic)

(Text with EEA relevance)

(2003/324/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 3 October 2002
laying down health rules concerning animal by-products not
intended for human consumption (1), and in particular Article
22(2) thereof,

(6)

(7)

Accordingly, a derogation should be granted to Finland
from the intra-species recycling ban for fur animals
under Regulation (EC) No 1774/2002. In order to avoid
a risk to public and animal health,
that derogation
should be subject to certain conditions.

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,

Whereas:

HAS ADOPTED THIS DECISION:

(1)

(2)

(3)

(4)

(5)

Regulation (EC) No 1774/2002 provides for a prohibi-
tion on the feeding of animals with processed animal
protein derived from animals of the same species. Dero-
gations may be granted in relation to fur animals after
consultation of the appropriate scientific committee.

The Scientific Steering Committee issued an opinion on
24 and 25 June 1999 on the risks of non-conventional
infectious agents or
transmissible agents, conventional
other hazards such as toxic substances entering the
human food or animal feed chains via raw material from
fallen stock and dead animals or via condemned mate-
rials. That opinion was updated on 13 July 1999. The
opinion refers to the risks related to the feeding of fur
animals with processed animal protein derived from
animals of the same species.

Steering
On 17 September 1999 the
Committee adopted an opinion with regard to intra-
species recycling on the risk born by recycling animal
by-products as feed with regard to propagating TSE in
non-ruminant farmed animals.

Scientific

According to those scientific opinions fur animals recy-
cling may be considered in certain regions on the basis
of well documented grounds which ensure that
the
presence of TSE agent in the population concerned is
unlikely. Those opinions also set out the conditions that
are necessary in order to minimise the TSE risk.

Finland has submitted a request for a derogation on
intra-species recycling ban for fur animals. The request
fulfils the conditions required in the opinions adopted
by the Scientific Steering Committee to minimise the
TSE risk.

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

Article 1

Derogation to Finland for certain fur producing animals

Pursuant to Article 22(2) of Regulation (EC) No 1774/2002, a
derogation is granted to Finland with regard to the feeding of
the following fur animals with processed animal protein
derived from the bodies or parts of bodies of animals of the
same species:

(a) foxes (Vulpes vulpes and Alopex lagopus); and

(b) raccoon dogs (Nycteroites procynoides).

Article 2

Approvals for registered farms

The competent authority may grant approval
to registered
farms for the feeding of the species referred to in Article 1 with
processed animal protein derived from the bodies or parts of
bodies of animals of the same species. Such approval shall only
be granted to registered farms:

(a) on the basis of an application that is accompanied by docu-
mentation proving that there is no reason to suspect the
presence of the TSE agent in the population of the species
covered by the application;

(b) where an appropriate surveillance system for TSEs in fur
animals is in place and includes regular laboratory testing
of samples for TSE; and

(c) providing appropriate guarantees

that no animal by-
product or processed animal protein derived from those
animals or their offspring may enter the food or feed chain
of other animals than fur animals;

L 117/38

EN

Official Journal of the European Union

13.5.2003

(d) where the farm has had no known contact with any farm

with a suspected or confirmed outbreak of TSE;

Article 4

Suspension of an approval

(e) where the responsible person of

the registered farm
complies with the requirements set out in Annex IX to
Regulation (EC) No 1774/2002 and in the Annex to this
Decision.

An approval as provided for in Article 2 shall be immediately
suspended in the event of suspected or confirmed contact with
any farm with a suspected or confirmed outbreak of TSE until
the risk of contamination may be conclusively excluded.

Article 3

Control measures

authority

shall

take

the necessary

Article 5

Compliance with this Decision

Finland shall
immediately take the necessary measures to
comply with this Decision and publish those measures. It shall
immediately inform the Commission thereof.

The

1.
measures to control:

competent

(a) the appropriate composition, processing and use of the feed
containing processed animal protein derived from the
bodies or parts of bodies of animals of the same species;

(b) the animals that are fed with the feed referred to in point

(a), including:

(i) strict supervision of the health status of those animals;

(ii) appropriate TSE surveillance involving regular sampling

and laboratory examination for TSEs;

Article 6

Applicability

This Decision shall apply from 1 May 2003.

Article 7

Addressee

This Decision is addressed to the Republic of Finland.

(c) that the requirements of Article 2 are fulfilled.

Done at Brussels, 12 May 2003.

2.
The samples referred to in paragraph 1(b)(ii) shall include
samples taken from animals showing neurological symptoms
and from older breeding animals.

For the Commission

David BYRNE

Member of the Commission

13.5.2003

EN

Official Journal of the European Union

L 117/39

A. General obligations of the responsible person of the registered farm

1. The responsible person must keep records at least of:

ANNEX

(a) the fur and carcases of animals fed with processed animal protein of their own species; and

(b) each consignment in order to ensure the tractability of the material.

2. In the event of any known or suspected contact with any farm with a suspected or confirmed outbreak of TSE,

the responsible person must immediately:

(a) inform the competent authority of such contact; and

(b) cease the dispatch of fur animals to any destination without a written authorisation of the competent

authority.

B. Operating obligations of the person responsible for the registered farm

1. The responsible person shall ensure that:

(a) the carcases of fur animals intended for feeding to animals of the same species are handled and processed

separately from carcases not authorised for that purpose;

(b) fur animals fed with processed animal protein derived from animals of the same species are kept separate from

animals not being fed with processed animal protein derived from animals of the same species.

2. The responsible person shall ensure that processed animal protein derived from one species and intended for the

feeding of the same species must:

(a) have been processed in a processing plant approved under Article 13 of Regulation (EC) No 1774/2002 and

using only methods 1 to 5 or 7 as set out in Annex V, Chapter III to that Regulation;

(b) have been produced from healthy animals killed for the production of fur;

(c) have been produced from animals, which were not fed with processed animal protein derived from the same

species during the last 24 hours before killing.