Commission Regulation (EC) No 197/2006 of  3 February 2006  on transitional measures under Regulation (EC) No 1774/2002 as regards the collection, transport, treatment, use and disposal of former foodstuffs   (Text with EEA relevance)
Date: 2006-02-03
Institutions: European Commission
Subjects: animal nutrition, animal product, derogation from EU law, foodstuff, health control, public health, waste management

4.2.2006

EN

Official Journal of the European Union

L 32/13

COMMISSION REGULATION (EC) No 197/2006

of 3 February 2006

on transitional measures under Regulation (EC) No 1774/2002 as regards the collection, transport,
treatment, use and disposal of former foodstuffs

(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 provides for a complete
revision of Community rules concerning animal by-
consumption,
products
not
human
a number of
including the
strict
requirements.
it provides that appropriate
transitional measures may be adopted.

intended
introduction of

In addition,

for

those

to the

strict nature of

the European Parliament and of

Due
requirements,
Commission Regulation (EC) No 813/2003 of 12 May
2003 on transitional measures Regulation (EC) No
1774/2002 of
the
Council as regards the collection, transport and disposal
of former foodstuffs (2) granted a derogation to Member
States in order to enable them to authorise operators to
continue to apply national
the collection,
transport and disposal of former foodstuffs of animal
origin until 31 December 2005. Member States have
asked to extend the derogation for a further period of
time in order to avoid disruption of trade. It is therefore
necessary to extend the derogation.

rules

for

Council Directive 1999/31/EC of 26 April 1999 on the
landfill of waste (3) sets out conditions for the granting of
permits for landfills and the waste to be accepted in the
different landfills. Accordingly, it is appropriate to apply
the measures provided for in that Directive, where the
competent authority considers that the former foodstuffs
do not pose a risk to public or animal health, if they are
disposed of in a landfill.

Certain former foodstuffs, such as bread, pasta, pastry
and similar products, pose little risk to public or
animal health providing they have not been in contact
with raw material of animal origin such as raw meat, raw
fishery products, raw eggs and raw milk. In such cases,
the competent authority should be permitted to allow the
former foodstuffs to be used as feed material
the
authority is satisfied that such practice does not pose a
risk to public or animal health. The competent authority
should also be permitted to allow it to be used for other
purposes, such as fertiliser, or treated or disposed of in
another way, such as in a biogas or a composting plant
which is not approved in accordance with Article 15 of
Regulation (EC) No 1774/2002.

if

The Commission is to seek the advice of the European
Food Safety Authority on the possible risks involved in
turning the current extended derogation into imple-
menting measures under Article 6(2)(i) of Regulation
(EC) No 1774/2002.

In order to prevent a risk to animal and public health,
appropriate control systems should be maintained in the
Member States
transitional
measures.

the period of

the

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

(5)

(6)

(7)

HAS ADOPTED THIS REGULATION:

Article 1

Derogation regarding the collection, transport, treatment,
use and disposal of former foodstuffs

1.
By way of derogation from Articles 6(2) and 7 and
Chapters I to III and Chapters V to VIII of Annex II to Regu-
lation (EC) No 1774/2002, Member States may authorise the
collection,
former
foodstuffs referred to in Article 6(1)(f) of
that Regulation
(former foodstuffs),
in accordance with Articles 2 and 3 of
this Regulation, provided that:

treatment, use and disposal of

transport,

(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 117, 13.5.2003, p. 22.
(3) OJ L 182, 16.7.1999, p. 1. Directive as amended by Regulation (EC)
No 1882/2003 of the European Parliament and of the Council (OJ
L 284, 31.10.2003, p. 1).

(a)

they have not been in contact with any animal by-product
referred to in Articles 4 and 5 and points (a) to (e) and (g)
to (k) of Article 6(1) of Regulation (EC) No 1774/2002 or
with other raw material of animal origin;

(b) this does not pose a risk to public or animal health.

L 32/14

EN

Official Journal of the European Union

4.2.2006

The derogation provided for in the first paragraph shall

2.
not apply to raw material of animal origin.

Article 2

Collection and transport

Member States may authorise the collection and transport of
former foodstuffs provided that the person consigning or trans-
porting the former foodstuffs:

(a) ensures that the former foodstuffs are consigned and trans-
ported to a plant or other outlet permitted pursuant to
Article 6(2) of Regulation (EC) No 1774/2002 or a plant
or other outlet or landfill pursuant to Article 3 of this
Regulation; and

(b) keeps a record of consignments for a period of at least two
years from the date of such consignment or transport
demonstrating this, and makes it available upon request to
the competent authority.

(i)

the resulting material is sent for disposal to an incin-
eration plant or a co-incineration plant in accordance
with Directive 2000/76/EC (1), or landfill in accordance
with Directive 1999/31/EC; and

(ii) is not used as feed material or used as organic fertiliser

or soil improver;

or

(c)

to be used in feed without further treatment or used for
other purposes without further treatment if such former
foodstuffs have not been in contact with raw material of
animal origin and the competent authority is satisfied that
such use does not pose a risk to public or animal health.

Article 4

Control measures

Article 3

Treatment, use and disposal

The competent authority shall take the necessary measures to
control compliance by operators with this Regulation.

Member States may authorise former foodstuffs to be:

(a) disposed of as waste by burial in a landfill permitted under

Directive 1999/31/EC;

(b) treated in alternative systems approved under conditions
minimising risk to animal and public health provided that
the following conditions are complied with:

Article 5

Entry into force

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 2006 to 31 July 2007.

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

Done at Brussels, 3 February 2006.

For the Commission

Markos KYPRIANOU
Member of the Commission

(1) OJ L 332, 28.12.2000, p. 91.