2003/334/EC: Commission Decision of 13 May 2003 on transitional measures under Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards the material collected when treating waste water (Text with EEA relevance)(notified under document number C(2003) 1467)
Date: 2003-05-13
Institutions: European Commission
Subjects: animal product, by-product, health control, health legislation, waste recycling, wastewater

L 118/10

EN

Official Journal of the European Union

14.5.2003

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 13 May 2003

on transitional measures under Regulation (EC) No 1774/2002 of the European Parliament and of
the Council as regards the material collected when treating waste water

(notified under document number C(2003) 1467)

(Only the Spanish, Danish, German, English, French, Italian, Portuguese, Finnish and Swedish texts are
authentic)

(Text with EEA relevance)

(2003/334/EC)

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)

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

Regulation (EC) No 1774/2002 provides for additional
requirements concerning the treatment of waste water
from establishments handling category 1 and 2 material.

In view of the strict nature of those requirements, it is
for
necessary to provide for
Denmark, Spain, France, Ireland, Italy, Austria, Portugal,
Finland and Sweden in order to allow industry sufficient
time to adjust.

transitional measures

Accordingly, as a temporary measure a derogation
should be granted to Denmark, Spain, France, Ireland,
Italy, Austria, Portugal, Finland and Sweden until 31

(1) OJ L 273, 10.10.2002, p. 1.
(2) OJ L 117, 13.5.2003, p. 1.

December 2003 to enable them to authorise operators
to continue to apply national rules for the collection of
material when treating waste water.

(5)

(6)

(7)

In addition, a further derogation should be granted to
Denmark until 1 May 2005 to allow the material
collected from such waste water to be processed under
the conditions provided for in Regulation (EC) No 1774/
2002 for manure and equivalent material.

In order to prevent a risk to animal and public health
appropriate control systems should be maintained in
Denmark, Spain, France, Ireland, Italy, Austria, Portugal,
Finland and Sweden 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,

HAS ADOPTED THIS DECISION:

Article 1

Derogation regarding the material collected when treating
waste water

1.
Pursuant to Article 32(1) of Regulation (EC) No 1774/
2002 and by way of derogation from Chapter IX of Annex II
Italy,
to that Regulation, Denmark, Spain, France,
Austria, Portugal, Finland and Sweden may continue to grant

Ireland,

14.5.2003

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Official Journal of the European Union

L 118/11

individual approvals until 31 December 2003 at the latest to
operators of processing plants, premises and slaughterhouses
referred to in Article 4(1)(d) and Article 5(1)(b) of Regulation
(EC) No 1774/2002, in conformity with national rules, to apply
such rules for the collection of waste water, provided that:

(a) all animal material retained in current systems from those
processing plants, premises
are
collected, transported and disposed of as category 1 or cate-
gory 2 material, as appropriate, in accordance with Regula-
tion (EC) No 1774/2002;

and slaughterhouses

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

that applied those rules on 1 November 2002.

2.
In addition to the derogation provided for in paragraph 1
and pursuant to Article 32(1) of Regulation (EC) No 1774/
2002 and by way of derogation from point (c) of Article 5(2)
of that Regulation, Denmark may authorise until 1 May 2005
at the latest, the transformation in biogas plants of material
collected from waste water in premises referred to in Article
5(1)(b) of
that Regulation without prior pressure cooking
provided that the risk has been assessed as negligible by that
Member State.

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
material collected when treating waste water shall be immedi-
ately and permanently withdrawn in respect of any operator,
premises or facilities if the conditions set out in this Decision
are no longer fulfilled.

2.
The competent authority shall withdraw any approvals
granted under Article 1(1) by 31 December 2003 at the latest
and granted under Article 1(2) by 1 May 2005 at the latest.

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 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

Ireland,
Italy, Austria, Portugal,
Denmark, Spain, France,
immediately take the necessary
Finland and Sweden shall
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 30 April 2005.

However, the provisions in Article 1(1) shall apply until 31
December 2003 and the provisions in Article 1(2) shall apply
until 30 April 2005.

Article 6

Addressees

This Decision is addressed to the Kingdom of Denmark, the
Kingdom of Spain,
the Republic of
Ireland, the Italian Republic, the Republic of Austria, the Portu-
guese Republic, the Republic of Finland and the Kingdom of
Sweden.

the French Republic,

Done at Brussels, 13 May 2003.

For the Commission

David BYRNE

Member of the Commission