2003/325/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 1, 2 and 3 processing plants (Text with EEA relevance) (notified under document number C(2003) 1498)
Date: 2003-05-12
Institutions: European Commission
Subjects: animal product, by-product, health control, health legislation, waste management, waste recycling

L 117/40

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 1, 2 and 3 processing plants

(notified under document number C(2003) 1498)

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

(Text with EEA relevance)

(2003/325/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 Finland 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 Finland to enable them
to authorise operators to continue to apply national
rules to the separation of category 1, 2 and 3 processing
plants.

In order to prevent a risk to animal and public health,
appropriate control systems should be maintained in
France 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 complete separation of category
1, 2 and 3 processing plants

Pursuant to Article 32(1) of Regulation (EC) No 1774/2002
and by way of derogation from paragraph 1 of Chapter I of
Annex VI or paragraph 1 of Chapter I of Annex VII to that
Regulation, France and Finland may continue to grant indivi-
dual approvals until 30 April 2004 in the case of France and
until 31 October 2005 in the case of Finland at the latest to
operators of premises and facilities in conformity with national
rules, to apply such rules for the complete separation of cate-
gory 1, 2 and 3 processing plants, provided that the national
rules:

(a) ensure prevention of cross-contamination between the cate-

gories of materials;

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

rules on 1 November 2002;

(c) comply with the rest of the specific requirements set out in
paragraphs 2 to 9 of Chapter I of Annex VI and in para-
graphs 2 to 10 of Chapter I of Annex VII 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
complete separation of category 1, 2 and 3 processing 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.

13.5.2003

EN

Official Journal of the European Union

L 117/41

The competent authority shall withdraw any approvals
2.
granted under Article 1 at the latest by 30 April 2004 in the
case of France, and 31 October 2005 in the case of Finland.

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

1.
2004 in the case of France.

This Decision shall apply from 1 May 2003 to 31

2.
October 2005 in the case of Finland.

Article 6

Addressees

Article 4

This Decision is addressed to the French Republic and the
Republic of Finland.

Compliance with this Decision by the concerned Member
States

Done at Brussels, 12 May 2003.

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

For the Commission

David BYRNE

Member of the Commission