2003/327/EC: Commission Decision of 12 May 2003 on transitional measures under Regulation (EC) No 1774/2002 as regards the low capacity incineration or co-incineration plants which do not incinerate or co-incinerate specified risk material or carcases containing them (Text with EEA relevance) (notified under document number C(2003) 1501)
Date: 2003-05-12
Institutions: European Commission
Subjects: animal product, by-product, health control, health legislation, waste incineration

L 117/44

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 as regards the low capacity incinera-
tion or co-incineration plants which do not incinerate or co-incinerate specified risk material or
carcases containing them

(notified under document number C(2003) 1501)

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

(Text with EEA relevance)

(2003/327/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-
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
Finland 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.

Accordingly, as a temporary measure a derogation
should be granted to Finland and the United Kingdom to
enable them to authorise operators to continue to apply
national rules for the low capacity incineration or co-
incineration plants which do not incinerate or co-incin-
erate specified risk material or carcases containing them.

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

(1)

(2)

(3)

(4)

(5)

Article 1

Derogation regarding the low capacity incineration or co-
incineration plants

1.
Pursuant to Article 32(1) of Regulation (EC) No 1774/
2002 and by way of derogation from Article 12(3) of that
Regulation,
individual approvals may continue to be granted
until 31 December 2004 at the latest to operators in confor-
mity with national rules for low capacity incineration or co-
incineration plants to which Directive 2000/76/EC of
the
European Parliament and of the Council (2) does not apply and
which do not incinerate or co-incinerate specified risk materials
or carcases containing them, to apply such national rules by
Finland in the case of low capacity incineration or co-incinera-
tion plants and by the United Kingdom in the case of low-capa-
city incineration plants provided that:

(a) animal by-products are handled and stored safely and incin-
erated or co-incinerated without undue delay in such a way
that they are reduced to dry ash;

(b) the dry ash is disposed of properly and records are kept of
the animal by-products

the quantity and description of
incinerated and the date of such incineration; and

(c) the national rules are only applied in premises and facilities

that applied those rules on 1 November 2002.

2.
The dry ash shall not be removed from the combustion
chamber unless combustion is complete. Transport and inter-
mediate storage of the dry ash shall take place in a closed
container to prevent dispersal
in the environment and be
disposed of safely.

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,

3.
In the case of a breakdown or abnormal operating condi-
tions the operator must reduce or close down operations as
soon as practicable until normal operations can be resumed.

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

(2) OJ L 332, 28.12.2000, p. 91.

13.5.2003

EN

Official Journal of the European Union

L 117/45

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 4

Compliance with this Decision by the concerned Member
States

Finland 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 3

Article 5

Applicability

Withdrawal of approvals and disposal of material not
complying with this Decision

This Decision shall apply from 1 May 2003 to 31

1.
December 2004.

1.
Individual approvals by the competent authority for low-
capacity incineration or co-incineration plants to which Direc-
tive 2000/76/EC does not apply and which do not incinerate
or co-incinerate specified risk materials or carcases containing
them 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 approval

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

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.

It shall apply to the Republic of Finland in the case of

2.
low-capacity incineration and co-incineration plants.

It shall apply to the United Kingdom of Great Britain and
low-capacity incineration
Northern Ireland in the case of
plants.

Article 6

Addressees

This Decision is addressed to the Republic of Finland and to
the United Kingdom of Great Britain and Northern Ireland.

Done at Brussels, 12 May 2003.

For the Commission

David BYRNE

Member of the Commission