Commission Regulation (EC) No 93/2005 of 19 January 2005 amending Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards processing of animal by-products of fish origin and commercial documents for the transportation of animal by-productsText with EEA relevance
Date: 2005-01-19
Institutions: European Commission
Subjects: animal product, fish, health control, transport document, waste, waste management

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COMMISSION REGULATION (EC) No 93/2005

of 19 January 2005

amending Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards
processing of animal by-products of fish origin and commercial documents for the transportation of
animal by-products

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

the
Having regard to Regulation (EC) No 1774/2002 of
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)

(4)

Annex V, Chapter III of Regulation (EC) No 1774/2002
sets out the processing methods for animal by-products.
For animal by-products of fish origin processing method
6 is provided for in that Chapter but the processing
parameters are not specified.

The Scientific Steering Committee has issued a number of
opinions addressing the safety of animal by-products
including fish. According to those opinions the risk of
transmissible spongiform encephalopathies (TSEs) arising
from animal by-products of fish origin is negligible.

The Scientific Committee on Animal Health and Animal
Welfare adopted a report on the use of fish by-products
in aquaculture at its meeting of 26 February 2003.

It is appropriate to lay down the requirements for the
processing of animal by-products of fish origin in line
with those opinions and reports.

(5)

(6)

(7)

(8)

is appropriate to lay down different processing
It
methods for materials likely to contain high or low
numbers of pathogens, excluding bacterial spores.

Annex II, Chapter III of Regulation (EC) No 1774/2002
provides for a commercial document
to accompany
animal by-products and processed products during trans-
portation. It is appropriate to lay down a model for that
commercial document.

Regulation (EC) No 1774/2002 should therefore be
amended accordingly.

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

Annexes V and II
amended in accordance with the Annex to this Regulation.

to Regulation (EC) No 1774/2002 are

Article 2

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

It shall apply from 1 January 2005.

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

Done at Brussels, 19 January 2005.

For the Commission

Markos KYPRIANOU
Member of the Commission

(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).

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ANNEX

Annexes V and II to Regulation (EC) No 1774/2002 are amended as follows:

(1) In Annex V, Chapter III, Method 6 is replaced by the following:

‘Method 6

(For Category 3 animal by-products of fish origin only)

R e d u c t i o n

1. The animal by-products must be reduced to at least:

(a) 50 mm in case of heat treatment in accordance with paragraph 2(a); or

(b) 30 mm in case of heat treatment in accordance with paragraph 2(b).

They must then be mixed with formic acid to reduce and maintain the pH to 4,0 or lower. The mixture must be
stored for at least 24 hours pending further treatment.

T i m e a n d t e m p e r a t u r e

2. Following reduction, the mixture must be heated to:

(a) a core temperature of at least 90 °C for at least 60 minutes; or

(b) a core temperature of at least 70 °C for at least 60 minutes.

When using a continuous flow system, the progression of the product through the heat converter must be
controlled by means of mechanical commands limiting its displacement in such a way that at the end of the
heat treatment operation the product has undergone a cycle which is sufficient in both time and temperature.’

(2) In Annex II, the following Chapter is added as Chapter X:

‘CHAPTER X

Commercial document

1. The following commercial document shall accompany animal by-products and processed products during trans-
portation. However, Member States may decide to use a different commercial document for animal by-products
and processed products transported within the same Member State.

2. Where more than one transporter is involved, each transporter shall fill in a declaration as referred to in point 7 of

the commercial document, which shall be part of the document.

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MODEL COMMERCIAL DOCUMENT FOR THE TRANSPORTATION WITHIN THE EUROPEAN
COMMUNITY OF ANIMAL BY-PRODUCTS AND PROCESSED PRODUCTS

Notes:

(a) Commercial documents shall be produced, according to the layout of the model appearing in this Annex. It shall
contain, in the numbered order that appears in the model, the attestations that are required for the transportation
of animal by-products and processed products derived therefrom.

(b) It shall be drawn up in one of the official languages of the EU Member State of origin or the EU Member State of
destination, as appropriate. However, it may also be drawn up in other EU languages, if accompanied by an
official translation or if previously agreed by the competent authority of the Member State of destination.

(c) The commercial document must be produced at least in triplicate (one original and two copies). The original must
accompany the consignment to its final destination. The receiver must retain it. The producer must retain one of
the copies and the carrier the other.

(d) The original of each commercial document shall consist of a single page, both sides, or, where more text is

required it shall be in such a form that all pages needed are part of an integrated whole and indivisible.

(e)

If, for reasons of identification of the items of the consignment, additional pages are attached to the document,
these pages shall also be considered as forming part of the original of the document by the application of the
signature of the responsible person, in each of the pages.

(f) When the document, including additional pages referred to in (e), comprises more than one page, each page shall
be numbered — (page number) of (total number of pages) — at the bottom and shall bear the code number of the
document that has been designated by the responsible person at the top.

(g) The original of the document must be completed and signed by the responsible person.

In doing so, the
responsible person shall ensure that the principles of documentation as laid down in Annex II, Chapter III of
Regulation (EC) No 1774/2002 are followed. The commercial document must specify:

— the date on which the material was taken from the premises,

— the description of the material, including the identification of the material, the animal species for Category 3
material and processed products derived therefrom destined for use as feed material and, if applicable, the ear-
tag number,

— the quantity of the material,

— the place of origin of the material,

— the name and the address of the carrier,

— the name and the address of the receiver and, if applicable, its approval number, and

— if appropriate, the approval number of the plant of origin, and the nature and the methods of the treatment.

(h) The colour of the signature of the responsible person shall be different to that of the printing.

(i) The commercial document must be kept for a period of at least two years for presentation to the competent

authority to verify the records referred to in Article 9 of Regulation (EC) No 1774/2002.

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