Decision 2004/434/EC of 29 April 2004 adapting Decision 2003/324/EC as regards a derogation from the intra-species recycling ban for fur animals under Regulation (EC) No 1774/2002 of the European Parliament and of the Council by reason of the accession of Estonia
Date: 2004-04-29
Institutions: European Commission
Subjects: Estonia, accession to the European Union, agricultural waste, animal nutrition, animal protein, derogation from EU law, fur-bearing animal, health control, health legislation

L 154/54 

EN 

Official Journal of the European Union 

30.4.2004 

COMMISSION DECISION 

of 29 April 2004 

adapting Decision 2003/324/EC as regards a derogation from the intra-species recycling 
ban for fur animals under Regulation (EC) No 1774/2002 of the European Parliament 
and of the Council by reason of the accession of Estonia 

(notified under document number C(2004) 1632) 

(Text with EEA relevance) 
(2004/434/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  consumption1  provides  for  a  prohibition  on  the  feeding  of  animals  with 
processed animal protein derived from  animals  of the same species.  That Regulation 
also provides that derogations may be granted in relation to fur animals. 

Commission  Decision  2003/324/EC2  lists  the  Member  States  authorised  to  make  use 
of  that  derogation,  the  species  which  may  be  fed  with  processed  animal  protein 
derived from animals of the same species, and the rules under which the feeding may 
take place. 

1 

2 

OJ L 273, 10.10.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 808/2003 
(OJ L 117, 13.5.2003, p. 1). 
OJ L 117, 13.05.2003, p. 37. 

 
                                                 
(5) 

Estonia has submitted a request for a derogation on the intra-species recycling ban for 
fur  animals  and  has  submitted  satisfactory  information  on  the  safety  measures  under 
which the feeding may take place. 

(6) 

Decision 2003/324/EC should therefore be amended accordingly, 

HAS ADOPTED THIS DECISION: 

Decision 2003/324/EC is amended as follows: 

Article 1 

(1) 

In Article 1, the introductory phrase is replaced by the following: 

‘Pursuant  to  Article  22(2)  of  Regulation  (EC)  No  1774/2002,  a  derogation  is  granted  to 
Estonia  and  Finland  with  regard  to  the  feeding  of  the  following  fur  animals  with  processed 
animal protein derived from the bodies or parts of bodies of animals of the same species:’ 

(2) 

Article 5 is replaced by the following: 

‘Article 5 

Estonia  and  Finland  shall  immediately  take  the  necessary  measures  to  comply  with  this 
Decision  and  publish  those  measures.  They  shall  immediately  inform  the  Commission 
thereof. ’ 

(3) 

Article 7 is replaced by the following: 

This Decision is addressed to the Republic of Estonia and the Republic of Finland.’ 

‘Article 7 

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