Commission Regulation (EC) No 813/2003 of 12 May 2003 on transitional measures Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards the collection, transport and disposal of former foodstuffs (Text with EEA relevance)
Date: 2003-05-12
Institutions: European Commission
Subjects: foodstuff, health control, health legislation, waste disposal, waste management

L 117/22

EN

Official Journal of the European Union

13.5.2003

COMMISSION REGULATION (EC) No 813/2003

of 12 May 2003

on transitional measures Regulation (EC) No 1774/2002 of the European Parliament and of the
Council as regards the collection, transport and disposal of former foodstuffs

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

the
Having regard to Regulation (EC) No 1774/2002 of
European Parliament and of the Council of 3 October 2002
laying down health rules concerning animal by-products not
intended for human consumption (1), as amended by Commis-
sion Regulation (EC) No 808/2003 (2), and in particular Article
32(1) thereof,

Whereas:

individual authorisation to operators of premises and facilities
to apply national rules until 31 December 2005 at the latest
for the collection, transport and transformation of former food-
stuffs referred to point (f) of Article 6(1) of that Regulation,
provided that the national rules

(a) without prejudice to paragraph 2 below, ensure that former
foodstuffs are not mixed with Category 1 and 2 materials;
and

(b) comply with the rest of the requirements of Regulation

(EC) No 1774/2002.

(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 the
Member States 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 developed as well as disposal
methods for those by-products.

Accordingly, as a temporary measure a derogation
should be granted to the Member States to enable them
to authorise operators to continue to apply national
rules for the collection, transport and disposal of former
foodstuffs of animal origin.

In order to prevent a risk to animal and public health
appropriate control systems should be maintained in the
Member States
transitional
measures.

the period of

the

for

However, mixing of former foodstuffs with Category 1 or
2.
Category 2 materials may be allowed when the material
is
being sent for incineration or processing in a Category 1 or 2
plant prior to disposal as waste by incineration, co-incineration
or landfill in accordance with Community legislation.

3. When former foodstuffs are sent for disposal as waste in
an approved landfill site, all necessary measures shall be taken
to ensure that the former foodstuffs are not mixed with unpro-
cessed material of animal origin referred to in Articles 4 and 5
and points (a) to (e) and points (g) to (k) of Article 6(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.

The measures provided for in this Regulation are in
accordance with the opinion of the Standing Committee
on the Food Chain and Animal Health,

Article 3

HAS ADOPTED THIS REGULATION:

Article 1

Derogation regarding

the

collection,

transport

and

disposal of former foodstuffs

1.
Pursuant to Article 32(1) of Regulation (EC) No 1774/
2002 and by way of derogation from point (f) of Article 6(2)
and Article 7 of that Regulation, the Member States may grant

(1) OJ L 273, 10.10.2002, p. 1.
(2) See page 1 of this Official Journal.

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

1.
Individual authorisation by the competent authority for
the collection, transport and disposal of former foodstuffs of
animal origin shall be immediately and permanently withdrawn
in respect of any operator, premises or facilities if the condi-
tions set out in this Regulation are no longer fulfilled.

2.
The competent authority shall withdraw any authorisa-
tion granted under Article 1 by 31 December 2005 at the
latest.

13.5.2003

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Official Journal of the European Union

L 117/23

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.

Any material that does not comply with the requirements
3.
of this Regulation shall be disposed of in accordance with the
instructions of the competent authority.

Article 4

Entry into force

This Regulation shall enter
into force on the third day
following that of its publication in the Official Journal of the
European Union.

It shall apply from 1 May 2003 to 31 December 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 12 May 2003.

For the Commission

David BYRNE

Member of the Commission