Commission Regulation (EC) No 446/2004 of 10 March 2004 repealing a number of Decisions concerning animal by-products (Text with EEA relevance)
Date: 2004-03-10
Institutions: European Commission
Subjects: animal product, by-product, foodstuffs legislation

L 72/62

EN

Official Journal of the European Union

11.3.2004

COMMISSION REGULATION (EC) No 446/2004

of 10 March 2004

repealing a number of Decisions concerning animal by-products

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 90/425/EEC of 26 June
1990 concerning veterinary and zootechnical checks applicable
in intra-Community trade in certain live animals and products
with a view to the completion of the internal market (1), as last
amended by Directive 2002/33/EC of the European Parliament
and of the Council (2), and in particular Article 10(4) thereof,

Having regard to Regulation (EC) No 1774/2002 of the Euro-
pean Parliament and of the Council of 3 October 2002 laying
down health rules concerning animal-by-products not intended
for human consumption (3), as last amended by Commission
Regulation (EC) No 808/2003 (4), and in particular Article
32(1) thereof,

Directive 2002/33/EC of the European Parliament and of
the Council of 21 October 2002 amending Council
Directives 90/425/EEC and 92/118/EEC as
regards
health requirements for animal by-products significantly
amended those Directives,
in order to
reduce their
it only covered animal
products intended for human consumption and patho-
gens.

scope so that

in particular

(4)

(5)

(6)

All the Community rules on animal by-products not
intended for human consumption are now provided for
in Regulation (EC) No 1774/2002.

Accordingly, in the interests of consistency and clarity of
Community legislation, Decisions 92/562/EEC, 97/735/
EC and 2001/25/EC should therefore be repealed.

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

Whereas:

HAS ADOPTED THIS REGULATION:

(1)

(2)

Council Directive 90/425/EEC lays down rules on
animal health and public health in relation to certain
animal by-products. That Directive provides the legal
basis
for Commission Decision 97/735/EC of 21
October 1997 concerning certain protection measures
with regard to trade in certain types of mammalian
waste (5), as last amended by Council Decision 1999/
534/EC (6), and Commission Decision 2001/25/EC of 27
December 2000 prohibiting the use of certain animal
by-products in animal feed (7).

Article 1

Repealed Decisions

Decisions 92/562/EEC, 97/735/EC and 2001/25/EC are
repealed.

Regulation (EC) No 1774/2002 provides the legal basis
for Commission Decision 92/562/EEC of 17 November
1992 on the approval of alternative heat
treatment
systems for processing high-risk material (8), as last
amended by the Act of Accession of Austria, Finland
and Sweden.

Article 2

Entry into force and applicability

(1) OJ L 224, 18.8.1990, p. 29.
(2) OJ L 315, 19.11.2002, p. 14.
(3) OJ L 273, 10.10.2002, p. 1.
(4) OJ L 117, 13.5.2003, p. 1.
(5) OJ L 294, 28.10.1997, p. 7.
(6) OJ L 204, 4.8.1999, p. 37.
(7) OJ L 6, 11.1.2001, p. 16.
(8) OJ L 359, 9.12.1992, p. 23.

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

It shall apply from 1 May 2004.

11.3.2004

EN

Official Journal of the European Union

L 72/63

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

Done at Brussels, 10 March 2004.

For the Commission

David BYRNE

Member of the Commission