Commission Regulation (EC) No 2067/2005 of  16 December 2005  amending Regulation (EC) No 92/2005 as regards alternative means of disposal and use of animal by-products   (Text with EEA relevance)
Date: 2005-12-16
Institutions: European Commission
Subjects: animal fats, animal product, biogas, by-product, substitute fuel, waste management

L 331/12

EN

Official Journal of the European Union

17.12.2005

COMMISSION REGULATION (EC) No 2067/2005

of 16 December 2005

amending Regulation (EC) No 92/2005 as regards alternative means of disposal and use of animal
by-products

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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 Articles
4(2)(e), 5(2)(g) and 6(2)(i) and Article 32(1) thereof,

Whereas:

(1)

(2)

(3)

Regulation (EC) No 1774/2002 lays down rules
concerning means of disposing of and ways of using
animal by-products. It also provides for the possibility
of additional means of disposing of and other ways of
using animal by-products,
to be approved following
consultation of the appropriate scientific committee.

On the basis of opinions issued by the Scientific Steering
Committee and of the European Food Safety Authority
(EFSA), following the entry into force of Regulation (EC)
No 178/2002 of the European Parliament and of the
Council of 28 January 2002 laying down the general
principles and requirements of
food law, establishing
the European Food Safety Authority and laying down
procedures in matters of food safety (2), the Commission
has to date approved five processes as alternative means
of disposing of or using animal by-products.

further

On the basis of
information submitted by
applicants after the adoption of Commission Regulation
(EC) No 92/2005 of 19 January 2005 implementing
Regulation (EC) No 1774/2002 of
the European
the Council as regards means of
Parliament and of
disposal or uses of animal by-products and amending
transformation and
its Annex VI as
regards biogas
the EFSA issued an
processing of

rendered fats (3),

(1) OJ L 273, 10.10.2002, p. 1. Regulation as last amended by
Commission Regulation (EC) No 416/2005 (OJ L 66, 12.3.2005,
p. 10).

(2) OJ L 31, 1.2.2002, p. 1. Regulation as amended by Regulation (EC)

No 1642/2003 (OJ L 245, 29.9.2003, p. 4).

(3) OJ L 19, 21.1.2005, p. 27.

(4)

(5)

(6)

(7)

(8)

(9)

opinion on 22 April 2004 on the combustion of tallow
in a thermal boiler and on 2 June 2004 on the biodiesel
process as a safe means of disposing of Category 1
material.

On the basis of this evaluation by the EFSA, the biodiesel
process can be regarded as a safe means of disposing of
and using Category 1 material too. Regulation (EC) No
this
92/2005 should therefore be amended to reflect
further evaluation.

The EFSA also concluded that the combustion of tallow
in a thermal boiler can be regarded as a safe means of
disposal and use of animal by-products. The conditions
under which the process was
considered safe are
therefore reflected in a further amendment to the Regu-
lation. Fat treated in accordance with the process para-
meters should be allowed to be moved to other plants
for combustion in order to avoid problems with the
stockpiling of the resulting materials in existing estab-
separation between
lishments. Strict
combustion and food and feed processing apply.

conditions of

Technological progress has led to the development of a
number of modified process parameters for the final
stages of
the processes of biodiesel production and
combustion of tallow in a thermal boiler. Provided that
one of the processing methods laid down in Regulation
(EC) No 1774/2002 has been applied previously, the
competent authorities of Member States should be able
to approve these modified process parameters.

approval

The
such alternative
and application of
processes should be without prejudice to other applicable
Community legislation, in particular environmental legis-
lation. Accordingly, the requirements for gas clean-up
systems
in the alkaline hydrolysis process and the
biodiesel process can be done away with.

Biodiesel should not need to be marked permanently
since the production process is safe and in order to
facilitate its use as an alternative fuel.

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

opinion

the

the

of

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Official Journal of the European Union

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HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 92/2005 is amended as follows:

1.

in Article 1, paragraphs 1 and 2 are replaced by the
following:

‘1.
The processes of alkaline hydrolysis as defined in
Annex I, of high pressure hydrolysis biogas as defined in
Annex III, of biodiesel production as defined in Annex IV
and of combustion of animal
fat in a thermal boiler as
defined in Annex VI are approved and may be authorised
by the competent authority for the treatment and disposal of
Category 1 material.

2.
The competent authority may authorise the use of
the biodiesel
other process parameters for the stage of
production process referred to in Annex IV, point 1(b)(i),
and for the stage of the process of combustion of animal
fat in a thermal boiler referred to in Annex VI, point 1(c)(i),
if these parameters provide for an equivalent reduction of
risks for public and animal health.’;

2. Article 2 is replaced by the following:

‘Article 2

production,

The processes of alkaline hydrolysis, high pressure high
temperature hydrolysis, high pressure hydrolysis biogas,
biodiesel
the
Brookes
combustion of animal fat in a thermal boiler as defined in
Annexes I
to VI respectively are approved and may be
authorised by the competent authority for the treatment
and use or disposal of Category 2 or 3 material. The

gasification

and

authority may authorise

the use of other
competent
process parameters for the stage of the biodiesel production
process referred to in Annex IV, point 1(b)(i), and for the
in a
stage of
the process of combustion of animal
if
thermal boiler referred to in Annex VI, point 1(c)(i),
these parameters provide for an equivalent reduction of
risks for public or animal health.’;

fat

3.

in the title and the first sentence of Article 3,
to V’ is replaced by ‘Annexes I to VI’;

‘Annexes I

4. Article 4 is amended as follows:

(a)

in paragraph 1, the first subparagraph is replaced by the
following:

‘1.
Resulting material, except biodiesel produced in
shall be permanently
accordance with Annex IV,
marked, where
in
accordance with Annex VI, Chapter I, point 8, to Regu-
lation (EC) No 1774/2002.’;

technically possible with smell

(b) the following paragraph 5 is added:

‘5.
However, animal by-products resulting from the
treatment of material
in accordance with Annex IV
may be used for the purposes laid down in this Annex.’;

5. Annexes I, III and IV are amended in accordance with the

Annex to this Regulation and Annex VI is added.

Article 2

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

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

Done at Brussels, 16 December 2005.

For the Commission

Markos KYPRIANOU
Member of the Commission

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Official Journal of the European Union

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The Annexes to Regulation (EC) No 92/2005 are amended as follows:

ANNEX

1.

in Annex I, point 3(b) is deleted;

2.

in Annex III, point 2(b) is replaced by the following:

‘(b) The biogas produced during the process is combusted rapidly in the same plant at a minimum of 900 °C followed

by rapid chilling (quenching).’;

3.

in Annex IV, point 1 is amended as follows:

(a) point (b) is replaced by the following:

‘(b) The processed fat is then processed further using one of the following methods:

(i) a process whereby the processed fat is separated from the protein and insoluble impurities are removed to
a level not exceeding 0,15 % in weight, and subsequently submitted to esterfication and transesterfication.
However, esterfication is not required for processed fat derived from Category 3 material. For esterfication
the pH is reduced to less than 1 by adding sulphuric acid (H2SO4) or an equivalent acid and the mixture is
heated to 72 °C for two hours during which it is intensely mixed. Transesterfication shall be carried out by
increasing the pH to about 14 with potassium hydroxide or with an equivalent base at 35 °C to 50 °C for
at least 15 to 30 minutes. Transesterfication shall be carried out twice under the conditions described in
this point using a new base solution. This process is followed by refinement of the products including
vacuum distillation at 150 °C, leading to biodiesel;

(ii) a process using equivalent process parameters authorised by the competent authority.’;

(b) point (c) is deleted;

(c)

the following point 3 is added:

‘3. The animal by-products resulting from the production process using the standards referred to in point 1(b)
may be used for combustion in an authorised plant. In the case of fat fraction derived from Category 3
material, the animal by-products from the production process may be used for the production of technical
products.’;

4. the following Annex VI is added:

‘ANNEX VI

Combustion of animal fat in a thermal boiler process

1. Combustion of animal fat involves treatment of the fat fraction derived from animal by-products under the

following conditions:

(a)

the fat fraction derived from animal by-products is first processed using:

(i)

in the case of fat fraction intended to be combusted in another plant, processing method 1 as referred to in
Annex V, Chapter III, to Regulation (EC) No 1774/2002 for Category 1 and 2 materials; and

(ii) any of the processing methods 1 to 5 or 7 or, in the case of material derived from fish, processing method
6 as referred to in Annex V, Chapter III, to Regulation (EC) No 1774/2002 for Category 1 and 2 materials
intended for combustion within the same plant and for Category 3 material;

(b) the fat fraction is separated from the protein and insoluble impurities amounting to up to 0,15 % by weight

are removed;

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Official Journal of the European Union

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(c)

following the process referred to in (a) and (b), the fat is:

(i) vaporised in a steam-raising boiler and combusted at a temperature of at least 1 100 °C for at least

0,2 seconds; or

(ii) processed using equivalent process parameters authorised by the competent authority.

2. The combustion of the fat derived from Categories 1 and 2 material must take place in the same plant where the

fat is rendered with the aim of utilising the energy generated for the rendering processes.

However, the competent authority may authorise the movement of that fat to other plants for combustion
provided that:

(a)

the plant of destination is authorised for the combustion;

(b) approved food or feed processing on the same premises takes place under strict conditions of separation.

3. The combustion of material of animal origin other than animal fat is not permitted.’