Commission Regulation (EC) No 12/2005 of 6 January 2005 amending Regulations (EC) No 809/2003 and (EC) No 810/2003 as regards the extension of the validity of the transitional measures for composting and biogas plants under Regulation (EC) No 1774/2002 of the European Parliament and of the CouncilText with EEA relevance
Date: 2005-01-06
Institutions: European Commission
Subjects: animal product, bioenergy, by-product, health legislation, organic fertiliser, waste recycling

7.1.2005

EN

Official Journal of the European Union

L 5/3

COMMISSION REGULATION (EC) No 12/2005

of 6 January 2005

amending Regulations (EC) No 809/2003 and (EC) No 810/2003 as regards the extension of the
validity of the transitional measures for composting and biogas plants under Regulation (EC)
No 1774/2002 of the European Parliament and of the Council

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

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), and in particular Article
32(1) thereof,

Whereas:

(1)

(2)

(3)

Regulation (EC) No 1774/2002 lays down health rules
concerning animal by-products not intended for human
consumption. In view of the strict nature of those rules,
transitional measures have been granted.

as

regards

the European Parliament and of
standards

Commission Regulation (EC) No 809/2003 of 12 May
2003 on transitional measures under Regulation (EC) No
the
1774/2002 of
Council
for
Category 3 material and manure used in composting
plants (2), allows time for the industry to adjust and
develop alternative processing standards for Category 3
material and manure used in composting plants until 31
December 2004.

the processing

the European Parliament and of

Commission Regulation (EC) No 810/2003 of 12 May
2003 on transitional measures under Regulation (EC) No
1774/2002 of
the
Council as regards processing standards for Category 3
material and manure used in biogas plants (3), allows
time for the industry to adjust and develop alternative
processing standards for Category 3 material and manure
used in biogas plants until 31 December 2004.

down

processing

the
The Commission has asked for an opinion of
to enable
European Food Safety Authority (EFSA)
laying
for
alternative
composting and biogas plants. The EFSA opinion is
end of 2004. Pending the EFSA
expected at
opinion, Member States and operators have asked the
Commission to extend the validity of the transitional
measures
(EC) No
809/2003 and (EC) No 810/2003 in order to avoid
any disruption of trade.

in Regulations

standards

provided

the

for

(5)

(6)

The transitional measures provided for in Regulations
(EC) No 809/2003 and (EC) No 810/2003 should
therefore be extended for a further period of time to
enable the Member States to authorise operators to
continue to apply national
the processing
standards for Category 3 materials and manure used in
composting and biogas plants.

rules for

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

opinion

the

the

of

HAS ADOPTED THIS REGULATION:

Article 1

In Article 1(1), Article 3(2) and Article 4, of Regulation (EC) No
‘31 December 2004’ is replaced by ‘31 December
809/2003,
2005’.

Article 2

In Article 1(1), Article 3(2) and Article 4, of Regulation (EC) No
‘31 December 2004’ is replaced by ‘31 December
810/2003,
2005’.

(1) OJ L 273, 10.10.2002, p. 1. Regulation as last amended by
Commission Regulation (EC) No 668/2004 (OJ L 112, 19.4.2004,
p. 1).

(2) OJ L 117, 13.5.2003, p. 10.
(3) OJ L 117, 13.5.2003, p. 12.

Article 3

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

L 5/4

EN

Official Journal of the European Union

7.1.2005

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

Done at Brussels, 6 January 2005.

For the Commission

Markos KYPRIANOU
Member of the Commission