2003/326/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 separation of category 2 and category 3 oleochemical plants (Text with EEA relevance) (notified under document number C(2003) 1500)
Date: 2003-05-12
Institutions: European Commission
Subjects: agricultural waste, animal product, by-product, chemical industry, fats, health control, health legislation, waste recycling

L 117/42

EN

Official Journal of the European Union

13.5.2003

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 separation of category 2 and category 3 oleochemical plants

(notified under document number C(2003) 1500)

(Only the Spanish, German, English, French, Italian, Dutch and Swedish texts are authentic)

(Text with EEA relevance)

(2003/326/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS DECISION:

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
32(1) thereof,

Whereas:

Regulation (EC) No 1774/2002 provides for a complete
revision of Community rules concerning animal by-
for human consumption,
products not
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 non-renewable transitional
measures for Belgium, Germany, Spain,
Italy, Nether-
lands, Sweden and the United Kingdom in order to allow
industry sufficient time to adjust. In addition, alternative
collection, transport, storage, handling, processing and
uses for animal by-products need to be further devel-
oped, as well as disposal methods for those by-products.

Article 1

Derogation regarding the separation of category 2 and 3
oleochemical plants

1.
Pursuant to Article 32(1) of Regulation (EC) No 1774/
2002 and by way of derogation from Article 14(2) of that
Regulation, Belgium, Germany, Spain,
Italy, Netherlands,
Sweden and the United Kingdom may continue to grant indivi-
dual approvals in accordance with national rules until 31
October 2005 at the latest to operators of premises and facil-
ities not complying with point (b) of Article 14(2) and with the
separation requirements for category 2 and category 3 oleo-
chemical plants, provided that the national rules:

(a) comply with all other applicable Community legislation;

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

rules on 1 November 2002; and

(c) comply with the requirements in points (c) and (d) of

Article 14(2) of Regulation (EC) No 1774/2002.

Accordingly, as a temporary measure a derogation
should be granted to Belgium, Germany, Spain, Italy,
Netherlands, Sweden and the United Kingdom to enable
them to authorise operators
to continue to apply
national rules to the separation of category 2 and 3 oleo-
chemical plants.

Only rendered fats derived from category 2 and 3 mate-
2.
rials shall be used. Rendered fats derived from category 2 mate-
rial
shall be processed in accordance with the standards
provided for in Chapter III of Annex VI to Regulation (EC) No
1774/2002. Additional processes such as distillation, filtration
and processing with absorbents shall be used to further
improve the safety of the tallow derivatives.

In order to prevent a risk to animal and public health,
appropriate control systems should be maintained in
Belgium, Germany, Spain,
Italy, Netherlands, Sweden
and the United Kingdom for the period of the transi-
tional 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.

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.

(1)

(2)

(3)

(4)

(5)

13.5.2003

EN

Official Journal of the European Union

L 117/43

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 2 and category 3 oleochemical plants
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 at the latest by 31 October 2005.

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 4

Compliance with this Decision by the concerned Member
States

Belgium, Germany, Spain, Italy, Netherlands, Sweden and the
United Kingdom 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 31 October
2005.

Article 6

Addressees

This Decision is addressed to the Kingdom of Belgium, the
Federal Republic of Germany, the Kingdom of Spain, the Italian
Republic, the Kingdom of the Netherlands, the Kingdom of
Sweden and the United Kingdom of Great Britain and Northern
Ireland.

Done at Brussels, 12 May 2003.

For the Commission

David BYRNE

Member of the Commission