2004/455/EC:Commission Decision of 29 April 2004 adapting Decision 2003/322/EC implementing Regulation (EC) No 1774/2002 as regards the feeding of certain necrophagous birds with certain Category 1 materials by reason of the accession of Cyprus (notified under document number C(2004) 1682) (Text with EEA relevance)
Date: 2004-04-29
Institutions: European Commission
Subjects: agricultural waste, animal nutrition, bird, health control, health legislation, protected species

30.4.2004              EN                       Official Journal of the European Union                                         L 156/41 

COMMISSION DECISION 

of 29 April 2004 

adapting Decision 2003/322/EC implementing Regulation (EC) No 1774/2002 as regards 
the feeding of certain necrophagous birds with certain Category 1 materials by reason of 
the accession of Cyprus 

(notified under document number C(2004) 1682) 

(Text with EEA relevance) 

(2004/455/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  57(1) 
thereof, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

For  certain  acts  which  remain  valid  beyond  1  May  2004  and  require  adaptation  by 
reason of accession, the necessary adaptations were not provided for in the 2003 Act 
of Accession, or were provided for but need further adaptations. All these adaptations 
need to be adopted before accession so as to be applicable as from accession. 

Pursuant to Article 57(2) of the Act of Accession, such adaptations are to be adopted 
by the Commission in all cases where the Commission adopted the original act. 

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 consumption14 provides the possibility for Member States to authorise the 
feeding  of  endangered  or  protected  species  of  necrophagous  birds  with  certain 
Category  1  material  by  derogation  to  the  restrictions  applicable  to  the  use  of  animal 
by-products laid down in that Regulation. 

Commission Decision 2003/322/EC15 lists the Member States authorised to make use 
of  that  possibility,  the  species  of  necrophagous  birds  which  may  be  fed  with  the 
Category  1  material,  and  the  implementing  rules  under  which  the  feeding  may  take 
place. 

14 

15 

OJ L 273, 10.10.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 808/2003 
(OJ L 117, 13.5.2003, p. 1.) 
OJ L 117, 13.5.2003, p. 32. 

 
 
                                                 
30.4.2004              EN                       Official Journal of the European Union                                         L 156/42 

(5) 

Cyprus  has  submitted  a  request  for  the  authorisation  of  feeding  certain  species  of 
necrophagous  birds  with  certain  Category  1  material  and  has  submitted  satisfactory 
information  concerning  the  occurrence  of  those  species  on  its  territory  as  well  as  on 
the  safety  measures  to  be  applied  when  feeding  Category  1  animal  by-products  to 
those birds. 

(6) 

Decision 2003/322/EC should therefore be amended accordingly, 

(7) 

The Standing Committee on the Food Chain and Animal Health has been informed of 
the measures provided for in this Decision, 

HAS ADOPTED THIS DECISION: 

Article 1 

Decision 2003/322/EC is amended as follows: 

(1) 

Article 1 is replaced by the following: 

‘Article 1 

Implementing rules on the feeding of necrophagous birds with category 1 material 

Pursuant to Article 23(2)(d) of Regulation (EC) No 1774/2002, Greece, Spain, France, Italy, 
Cyprus  and  Portugal  may  authorise  the  use  of  entire  bodies  of  dead  animals  which  may 
contain  specified  risk  material  as  referred  to  in  Article  4(1)(b)(ii)  of  that  Regulation  for  the 
feeding of the endangered or protected species of necrophagous birds as set out in Part A of 
the Annex to this Decision.’ 

(2) 

Article 4 is replaced by the following: 

‘Article 4 

Compliance by Member States 

Greece,  Spain,  France,  Italy,  Cyprus  and  Portugal  shall  immediately  take  the  necessary 
measures  to  comply  with  this  Decision  and  shall  publish  those  measures.  They  shall 
immediately inform the Commission thereof.’ 

(3) 

Article 6 is replaced by the following: 

‘Article 6 

Addressees 

This  Decision  is  addressed  to  the  Hellenic  Republic,  the  Kingdom  of  Spain,  the  French 
Republic, the Italian Republic, the Republic of Cyprus and the Portuguese Republic.’ 

(4) 

In the Annex, in Part A, the following point (f) is added: 

‘In the case of Cyprus: black vulture (Aegypius monachus) and griffon vulture (Gyps fulvus).’ 

30.4.2004              EN                       Official Journal of the European Union                                         L 156/43 

Article 2 

This Decision shall apply 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. 

Article 3 

This Decision is addressed to the Member States. 

Done at Brussels, 29 April 2004. 

For the Commission 
David BYRNE 
Member of the Commission