Commission Regulation (EC) No 1678/2006 of 14 November 2006 amending Regulation (EC) No 92/2005 as regards alternative means of disposal of and use of animal by-products   (Text with EEA relevance)
Date: 2006-11-14
Institutions: European Commission
Subjects: agricultural by-product, animal fats, animal product, biogas, health legislation, waste management

L 314/4

EN

Official Journal of the European Union

15.11.2006

COMMISSION REGULATION (EC) No 1678/2006

of 14 November 2006

amending Regulation (EC) No 92/2005 as regards alternative means of disposal of 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
5(2)(g) and 6(2)(i) thereof,

(5)

(6)

Regulation (EC) No 92/2005 should be
accordingly.

amended

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

opinion

the

the

of

HAS ADOPTED THIS REGULATION:

Article 1

Whereas:

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

(1)

(2)

(3)

(4)

Regulation (EC) No 1774/2002 lays down rules
concerning means of disposal of and ways of using
animal by-products. It also provides for the possibility
of additional means of disposal 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), to date six processes have been approved as alter-
native means of disposal of or ways of using animal by-
products
(EC) No
under Commission Regulation
92/2005 of 19 January 2005 implementing Regulation
(EC) No 1774/2002 of the European Parliament and of
the Council as regards means of disposal or uses of
animal by-products and amending its Annex VI as
regards
of
biogas
rendering fats (2).

transformation

processing

and

for

process

On the basis of a further application, the EFSA issued an
opinion on 13 July 2006 on the safety of a thermo-
mechanical
The
conditions under which that process was considered as
a safe means of disposal for manure and digestive tract
content and Category 3 material should therefore be
taken into account by
amending Regulation (EC)
No 92/2005.

production.

biofuel

Upon reconsideration of the risks to public and animal
health, Category 2 material resulting from the approved
biodiesel production process should be permitted for
certain technical uses or for transformation into biogas.

1. Article 2 is replaced by the following:

‘Article 2

Approval, treatment and use or disposal of Category 2
or 3 material

1.
The following processes are approved and may be
authorised by the competent authority for the treatment
and use or disposal of Category 2 or 3 material:

(a) alkaline hydrolysis process as defined in Annex I;

(b) high pressure high temperature hydrolysis process as

defined in Annex II;

(c) high pressure hydrolysis biogas process as defined in

Annex III;

(d) biodiesel production process as defined in Annex IV;

(e) Brookes gasification process as defined in Annex V; and

(f) combustion of animal fat in a thermal boiler process as

defined in Annex VI.

(1) OJ L 273, 10.10.2002, p. 1. Regulation as last amended by
Commission Regulation (EC) No 208/2006 (OJ L 36, 8.2.2006,
p. 25).

(2) OJ L 19, 21.1.2005, p. 27. Regulation as amended by Regulation

(EC) No 2067/2005 (OJ L 331, 17.12.2005, p. 12).

The process of
thermo-mechanical biofuel production as
defined in Annex VII is approved and may be authorised
by the competent authority for the treatment and disposal
of manure and digestive tract content and Category 3
material.

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Official Journal of the European Union

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The competent authority may authorise the use of
2.
other process parameters, on condition that such parameters
provide for an equivalent reduction of risks for public and
animal health, for the stages of:

(a)

the biodiesel production process as defined in Annex IV,
point 1(b)(i); and

(b) the process of combustion of animal fat in a thermal

boiler as defined in Annex VI, point 1(c)(i).’;

‘However, material
biodiesel
resulting
production process as defined in Annex IV shall be
combusted.’;

from the

(b) in paragraph 3, the following point (d) is added:

‘(d) in the case of material resulting from the biodiesel
production process as defined in Annex IV, used for
the production of technical products.’;

(c) paragraph 5 is deleted;

2.

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

4. the Annexes are amended in accordance with the Annex to

this Regulation.

3. Article 4 is amended as follows:

Article 2

(a)

in paragraph 2, the following subparagraph is added:

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, 14 November 2006.

For the Commission

Markos KYPRIANOU
Member of the Commission

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Official Journal of the European Union

15.11.2006

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

ANNEX

1.

in Annex IV, point 3 is deleted;

2. the following Annex VII is added:

‘ANNEX VII

THERMO-MECHANICAL BIOFUEL PRODUCTION PROCESS

Thermo-mechanical biofuel production means treatment of animal by-products under the following conditions:

1. The animal by-products are loaded into a converter and subsequently treated at a temperature of 80 °C for a period
of eight hours. During this period, the material is constantly reduced in size using appropriate mechanical abrasion
equipment.

2. The material is subsequently treated to a temperature of 100 °C for at least two hours.

3. The particle size of the resulting material must not be larger than 20 millimetres.

4. The animal by-products are treated in such a manner that the time-temperature requirements laid down in

paragraphs 1 and 2 are achieved at the same time.

5. During the heat treatment of the material, evaporated water is continually extracted from the air-space above the
biofuel and is passed through a stainless steel condenser. The condensate is kept at a temperature of at least 70 °C
for at least one hour before being discharged as waste water.

6. After the heat treatment of the material, the resulting biofuel from the converter is then discharged and auto-
matically conveyed by a fully covered and interlocked conveyor to incineration or co-incineration on the same site.

7. A system of hazard analysis and critical control points is in place and maintained which allows for the control of

the requirements laid down in paragraphs 1 to 6.

8. The process is carried out in a batch mode.’