2004/467/EC:COMMISSION DECISION of 29 April 2004 laying down transitional measures to be applied by Cyprus and Estonia as regards on site burning or burial of animal by-products under Regulation (EC) No 1774/2002 of the European Parliament and of the Council (Text with EEA relevance)
Date: 2004-04-29
Institutions: European Commission
Subjects: Cyprus, Estonia, agricultural by-product, agricultural waste, storage of waste, transitional period (EU), waste incineration

30.4.2004 

EN 

Official Journal of the European Union 

L 160/1 

___ 

COMMISSION DECISION 

of  29 April 2004 

laying down transitional measures to be applied by Cyprus and Estonia as regards on 
site burning or burial of animal by-products under Regulation (EC) No 1774/2002 of the 
European Parliament and of the Council 

(Text with EEA relevance) 

(2004/467/EC) 

THE COMMISSION OF THE EUROPEAN COMMUNITIES, 

Having  regard  to  the  Treaty  of  Accession  of  the  Czech  Republic,  Estonia,  Cyprus,  Latvia, 
Lithuania,  Hungary,  Malta,  Poland,  Slovenia  and  Slovakia,  and  in  particular  Article  2(3) 
thereof, 

Having  regard  to  the  Act  of  Accession  of  the  Czech  Republic,  Estonia,  Cyprus,  Latvia, 
Lithuania,  Hungary,  Malta,  Poland,  Slovenia  and  Slovakia,  and  in  particular  Article  42 
thereof, 

Whereas: 

(1) 

Under 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 consumption1, derogations may be granted regarding the disposal 
by  on  site  burning  or  burial  of  animal  by-products  in  restricted  circumstances.  That 
Regulation  also  provides  that  no  derogation  may  be  granted  in  respect  of  animals 
suspected of being infected with a transmissible spongiform encephalopathy (TSE) or 
in which the presence of a TSE has been officially confirmed. 

Commission Regulation (EC) No 811/2003 of 12 May 2003 implementing Regulation 
(EC)  No  1774/2002  of  the  European  Parliament  and  of  the  Council  as  regards  the 
intra-species recycling ban for fish, the burial and burning of animal by-products and 
certain  transitional  measures2  lays  down  implementing  rules  for  derogations  granted 
under Regulation (EC) No 1774/2002 for the disposal of animal by-products by on site 
burning or burial. 

Cyprus  and  Estonia  will  not  have  operational  collection  systems  in  place  for  animal 
by-products  on  1  May  2004  which  would  permit  those  two  new  Member  States  to 
comply with the rules regarding the disposal of animal by-products under Regulation 
(EC)  No  1774/2002.  Therefore,  it  is  necessary  to  lay  down  transitional  measures  to 
permit Cyprus and Estonia to continue on site burning or burial of animal by-products 
until 1 January 2005. 

During the transitional period Cyprus and Estonia should take the necessary measures 
to avoid endangering human or animal health and the environment. Accordingly, the 
relevant  implementing  rules  for  derogations  granted  under  Regulation  (EC)  No 
1774/2002 for the disposal of animal by-products by on site burning or burial as laid 
down in Regulation (EC) No 811/2003 should apply. 

(2) 

(3) 

(4) 

(5) 

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

HAS DECIDED AS FOLLOWS: 

Article 1 

1. 

2. 

By  way  of  derogation  from  Articles  4(2),  5(2)  and  6(2)  of  Regulation  (EC)  No 
1774/2002,  Cyprus  and  Estonia  may,  in  respect  of  their  own  territory,  for  a  period 
until 1 January 2005 permit on site burning or burial of animal by-products. 

The  derogation  referred  to  in  paragraph  1  does  not  apply  to  Category  1  material 
referred to in Article 4(1)(a)(i) of Regulation (EC) No 1774/2002.  

Article 2 

Cyprus  and  Estonia  shall,  when  permitting  on  site  burning  or  burial,  as  provided  for  in 
Article 2 of this Decision, take all necessary measures to avoid endangering human or animal 
health and the environment in accordance with the implementing rules laid down in Articles 6 
and 9 of Regulation (EC) No 811/2003. They shall inform the Commission by 1 May 2004 of 
the measures taken. 

1 

2 

OJ L 273, 10.10.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 808/2003 
(OJ L 117, 13.5.2004, p. 1). 
OJ L 117, 13.5.2003, p. 14. 

                                                 
Article 3 

This Decision shall enter into force subject to and as from the date of the entry into force of 
the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, 
Malta, Poland, Slovenia and Slovakia. 

It shall apply until 1 January 2005. 

Done at Brussels, 29 April 2004. 

For the Commission 
David BYRNE 

Member of the Commission