Commission Regulation (EC) No 810/2003 of 12 May 2003 on transitional measures under Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards processing standards for category 3 material and manure used in biogas plants (Text with EEA relevance)
Date: 2003-05-12
Institutions: European Commission
Subjects: animal product, biogas, by-product, health control, health legislation, standard, waste recycling

L 117/12

EN

Official Journal of the European Union

13.5.2003

COMMISSION REGULATION (EC) No 810/2003

of 12 May 2003

on transitional measures under Regulation (EC) No 1774/2002 of the European Parliament and of
the Council as regards processing standards for category 3 material and manure used in biogas
plants

(Text with EEA relevance)

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), as amended by Commis-
sion Regulation (EC) No 808/2003 (2), 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 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 enable the Member States to
authorise operators to continue to apply national rules
for the processing standards for Category 3 materials
and manure used in biogas plants.

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

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

HAS ADOPTED THIS REGULATION:

Article 1

Derogation regarding the processing of Category 3 mate-
rial and manure in biogas plants

1.
Pursuant to Article 32(1) of Regulation (EC) No 1774/
2002 and by way of derogation from Chapter II(A), (C) and (D)
the Member States may
of Annex VI

to that Regulation,

continue to grant
individual approvals until 31 December
2004 at the latest to operators of premises and facilities in
conformity with national rules to apply such rules, for the
processing of Category 3 material or Category 3 material and
manure used in biogas plants, provided that the national rules:

(a) guarantee the overall reduction of pathogens;

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

rules on 1 November 2002; and

(c) comply with the requirements set out in Chapter II(B) of

Annex VI to Regulation (EC) No 1774/2002.

2.

Biogas plants must be equipped with:

(a) installations for monitoring temperature against time;

(b) recording devices to record continuously the results of

these measurements;

(c) an adequate safety system to prevent insufficient heating;

and

(d) adequate facilities for the cleaning and disinfecting vehicles

and containers upon leaving the biogas plant.

3.
Each biogas plant must have its own laboratory or make
use of an external laboratory. The laboratory must be equipped
to carry out
the necessary analyses and approved by the
competent authority.

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 Regulation

1.
Individual approvals by the competent authority for the
processing standards for Category 3 materials or Category 3
material and manure used in biogas plants shall be immediately
and permanently withdrawn in respect of any operator,
premises or facilities if the conditions set out in this Regulation
are no longer fulfilled.

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

The competent authority shall withdraw any approvals

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

13.5.2003

EN

Official Journal of the European Union

L 117/13

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 2004.

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