2005/62/EC: Commission Decision of 27 January 2005 laying down transitional measures to be applied by Cyprus 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 (notified under document number C(2005) 133)Text with EEA relevance
Date: 2005-01-27
Institutions: European Commission
Subjects: Cyprus, agricultural waste, animal product, by-product, derogation from EU law, waste incineration

28.1.2005

EN

Official Journal of the European Union

L 25/71

COMMISSION DECISION

of 27 January 2005

laying down transitional measures to be applied by Cyprus 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

(notified under document number C(2005) 133)

(Only the Greek text is authentic)

(Text with EEA relevance)

(2005/62/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

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
24(6) and Article 32(1) thereof,

Whereas:

(1)

(2)

Under Regulation (EC) No 1774/2002 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
measures (2)
the
disposal of animal by-products by on-site burning or
burial.

lays down implementing rules

for

(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. 14.

Commission Decision 2004/467/EC of 29 April 2004
laying down transitional measures to be applied by
Cyprus and Estonia as regards on-site burning or burial
animal by-products under Regulation (EC) No
of
1774/2002 of
the
Council (3) provides
for a derogation to these rules
applicable until 1 January 2005.

the European Parliament and of

Cyprus has informed the Commission that it will not
have operational collection systems in place for animal
by-products on 1 January 2005. It is therefore necessary
to maintain the transitional measures laid down by
Decision 2004/467/EC for a further period of time.

During the transitional period Cyprus should take the
necessary measures to avoid endangering human or
animal health and the environment as laid down in
Regulation (EC) No 811/2003.

The measures provided for
accordance with
Committee on the Food Chain and Animal Health,

in this Decision are in
Standing
the

opinion

the

of

(4)

(5)

(6)

HAS ADOPTED THIS DECISION:

Article 1

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

(3) OJ L 160, 30.4.2004, p. 1.

L 25/72

EN

Official Journal of the European Union

28.1.2005

The derogation referred to in paragraph 1 does not apply
2.
to Category 1 material referred to in Article 4(1)(a)(i) of Regu-
lation (EC) No 1774/2002.

Article 2

this Decision, Cyprus shall

When permitting on-site burning or burial, as provided for in
take all necessary
Article 1 of
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. Cyprus
inform the
Commission and other Member States of the progress made
in establishing the disposal system.

shall, by 1 June 2005,

Article 3

This Decision shall
1 November 2005.

apply

from 1 January 2005 until

Article 4

This Decision is addressed to the Republic of Cyprus.

Done at Brussels, 27 January 2005.

For the Commission

Markos KYPRIANOU
Member of the Commission