Commission Regulation (EC) No 1877/2006 of 18 December 2006 amending Regulation (EC) No 878/2004 laying down transitional measures in accordance with Regulation (EC) No 1774/2002 for certain animal by-products classified as Category 1 and 2 materials and intended for technical purposes   (Text with EEA relevance)
Date: 2006-12-18
Institutions: European Commission
Subjects: agricultural by-product, animal product, health certificate, health legislation, labelling

19.12.2006

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Official Journal of the European Union

L 360/133

COMMISSION REGULATION (EC) No 1877/2006

of 18 December 2006

amending Regulation (EC) No 878/2004 laying down transitional measures in accordance with
Regulation (EC) No 1774/2002 for certain animal by-products classified as Category 1 and 2
materials and intended for technical purposes

(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(4), 5(4) and 32(1) thereof,

Whereas:

(1)

(2)

(3)

(4)

Regulation (EC) No 1774/2002 lays down health rules
concerning animal by-products not intended for human
consumption. That Regulation defines
animal by-
products as Categories 1, 2 and 3 materials, depending
on the risk arising from such products.

In accordance with that Regulation, animal by-products
other than Category 1 or 3 materials are defined as
irrespective of any further con-
Category 2 material,
siderations
from such
arising
regarding
products. The permitted use of animal by-products for
feeding purposes is dependent on whether such material
is defined as Category 1, 2 or 3 materials. While certain
Category 3 material may be used for feeding purposes,
Category 2 material is generally excluded from such use.

risk

the

However, certain animal by-products which may be
considered as posing a low risk do not come within
the definition of Category 3 material in Regulation (EC)
No 1774/2002. The definition of such material, by
default, as Category 2 material does not correspond
with the risks arising from such products.

Commission Regulation (EC) No 878/2004 of 29 April
2004 laying down transitional measures in accordance
with Regulation (EC) No 1774/2002 for certain animal
by-products classified as Category 1 and 2 materials and
intended for technical purposes (2) was adopted in order
to permit the continued placing on the market, export,

(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 162, 30.4.2004, p. 62.

import and transit of certain animal by-products defined
as Category 1 and 2 material,
intended exclusively for
technical uses.

The Report on animal by-products (3) adopted by the
Commission on 21 October 2005 and presented to the
Council on 24 October 2005 reflects the difficulties
as
concerning
Category 2 material
a number of
amendments to Regulation (EC) No 1774/2002 in the
course of the review of that legislation scheduled to start
from the end of 2006.

certain material

and envisages

definition of

the

Pending those amendments it should be possible to use
certain low risk animal by-products presently defined as
Category 2 material for certain feeding and for technical
purposes. Accordingly, the scope of Regulation (EC) No
878/2004 should be extended in order to permit the use
of certain Category 2 low risk material for the manu-
facture of
technical products and for certain feeding
purposes.

Regulation (EC) No 878/2004 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

(5)

(6)

(7)

(8)

HAS ADOPTED THIS REGULATION:

Article 1

Commission Regulation (EC) No 878/2004 is amended as
follows:

1. The title is replaced by the following:

‘Commission Regulation (EC) No 878/2004 of 29 April
2004 laying down transitional measures for certain animal
in
by-products defined as Category 1 and 2 materials,
accordance with Regulation (EC) No 1774/2002 of
the
European Parliament and of the Council’.

(3) COM(2005) 521 final.

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2. Article 1 is replaced by the following:

(c) aquaculture animals bred specifically for the purpose of
using them as fishing bait provided the bait are not used
in aquaculture without prior processing;

‘Article 1

Scope

1.
This Regulation shall apply to the following animal by-
products, defined as Category 1 or Category 2 material in
Regulation (EC) No 1774/2002 and intended exclusively for
technical uses:

(a) hides and skins derived from animals which have been
treated with substances which are prohibited pursuant to
Council Directive 96/22/EC (*);

(b) rendered fats derived from Category 1 material produced
using Method 1 as referred to in Chapter III of Annex V
to Regulation (EC) No 1774/2002, which in the case of
rendered fats from ruminant animals have been purified
so that the maximum level of remaining total insoluble
impurities does not exceed 0,15 % in weight, and
derived fat derivatives complying with at
the
least
to Regulation
standards in Chapter III of Annex VI
(EC) No 1774/2002;

(c) ruminant intestines (with or without content); and

(d) bone and bone products containing vertebral columns
and skull, and bovine horns which have been removed
from the skull using a method which has left the cranial
cavity intact.

However,
products derived from animals
4(1)(a)(i) and (ii) of Regulation (EC) No 1774/2002.

this Regulation shall not apply to animal by-
referred to in Article

2.
This Regulation shall apply to the following animal by-
products, defined as Category 2 material in Regulation (EC)
No 1774/2002 in accordance with Article 5(1)(g) of that
Regulation, which are intended for
feeding to animals
other than farmed land animals, for feeding to farmed fur
animals or for technical uses, including fishing baits:

(a)

terrestrial invertebrates other than species pathogenic to
animals or to humans,
their trans-
formation forms, such as larvae;

including any of

(d) animals belonging to the zoological orders of Rodentia
and Lagomorpha, including those kept as farmed animals
for the production of products of animal origin; and

(e) products derived from or produced by the animals
referred to in (a)
fish eggs, but
to (d),
excluding meal derived from animals referred to in (d).

such as

___________
(*) OJ L 125, 23.5.1996, p. 3.’.

3. The following Article 1a is inserted:

‘Article 1a

Derogation regarding commercial documents and health
certificates

By way of derogation from point 1 of Chapter III of Annex
II to Regulation (EC) No 1774/2002, animal by-products
referred to in Article 1(2) of the present Regulation may
be supplied by retailers to final users other than business
operators without being accompanied during transportation
by a commercial document or, when required by Regulation
(EC) No 1774/2002, a health certificate.’

4.

In the second sentence of Article 2 the reference to ‘points
(c) and (d) of Article 1’ is replaced by the reference to ‘points
(c) and (d) of Article 1(1)’.

5.

In the second sentence of Article 3 the reference to ‘point (a)
of Article 5’ is replaced by the reference to ‘paragraphs (1) or
(2), as appropriate, of Article 5’.

6. The last sentence of Article 4(2) is replaced by the following:

‘As regards animal by-products referred to in Article 1 (1),
imported consignments and consignments in transit shall be
channelled in accordance with the monitoring procedure
provided for
in Article 8 (4) of Council Directive
97/78/EC (*)

(b) aquatic animals, except sea mammals, if not originating

from aquaculture;

___________
(*) OJ L 24, 30.1.1998, p. 9.’.

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7. Article 5 is replaced by the following:

(d) to a holding or establishment keeping animals

in
accordance with the requirements referred to in Article
23(2)(c) of Regulation (EC) No 1774/2002;

‘Article 5

Labelling, delivery,
requirements

record keeping

and treatment

(e)

to the place of manufacture or the manufacturing estab-
lishment, as appropriate, of

I of Annex II

In addition to the identification requirements provided
1.
for
to Regulation (EC) No
in Chapter
1774/2002, all packages of animal by-products referred to
in Article 1(1) of the present Regulation, shall bear a label
indicating “PROHIBITED IN FOOD, FEED, FERTILISERS,
COSMETICS, MEDICINAL PRODUCTS AND MEDICAL
DEVICES”.

(i) cosmetic products

in accordance with Council
Directive 76/768/EEC of 27 July 1976 on the
approximation of the laws of the Member States
relating to cosmetic products (*),

in case of animal by-products

However,
intended for
medicinal products in accordance with Community legis-
lation a different label may be used which shall
indicate
“DESTINED FOR MEDICINAL PRODUCTS ONLY”.

(ii) veterinary medicinal products in accordance with
Directive 2001/82/EC of the European Parliament
and of the Council of 6 November 2001 on the
Community code relating to veterinary medicinal
products (**),

shall bear a label

All packages of animal by-products referred to in
2.
indicating “NOT FOR
Article 1(2),
HUMAN CONSUMPTION”, unless they are dispatched in
ready-to-sell packages,
is
indicating
destined for the feeding to pets only or for the use as
fishing bait.

content

that

the

3.
The animal by-products referred to in Article 1 of the
present Regulation shall be delivered to a technical plant
dedicated to the use of such materials and which has been
approved in accordance with Article 18(1) of Regulation
(EC) No 1774/2002.

The animal by-products referred to in Article 1(2) may also
be delivered:

(a)

to an intermediate plant approved in accordance with
Article 10(1) of Regulation (EC) No 1774/2002;

(iii) medicinal products in accordance with Directive
2001/83/EC of
the European Parliament and of
the Council of 6 November 2001 on the
Community code relating to medicinal products
for human use (***),

(iv) medical

devices

accordance with Council
Directive 93/42/EEC of 14 June 1993 concerning
medical devices (****) or

in

in accordance with
(v) in vitro diagnostic devices
Directive 98/79/EC of
the European Parliament
and the Council of 27 October 1998 on in vitro
diagnostic medical devices (*****); or

(f) directly for retail sale where the animal by-products are:

(i) dispatched in ready-to-sell packages bearing a label
is only

the content

with a clear indication that
destined for:

(b) to a storage plant approved in accordance with Article

11(1) of Regulation (EC) No 1774/2002;

— the feeding to pets; or fishing bait

(c)

to a petfood plant approved in accordance with Article
18(1) of Regulation (EC) No 1774/2002;

(ii) dried by a treatment sufficient to destroy pathogenic

organisms, including salmonella; or

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(iii) in the case of animal by-products referred to in
(d)

(c) and, as regards Rodentia,

Article 1(2)(b),
deep frozen;

(c)

further dispatch or use the animal by-products ex-
clusively for purposes authorised by the competent
authority.

___________

the European Parliament and of

Without prejudice to Commission Regulation (EC) No
811/2003 of 12 May 2003 implementing Regulation (EC)
No 1774/2002 of
the
Council as regards the intra-species recycling ban for fish,
the burial and burning of animal by-products and certain
transitional measures (******),
by-products
referred to in Article 1(2)(b) of the present Regulation may
also be delivered for the use as feed material to a holding or
establishment keeping aquatic animals.

animal

the

4.
the
The owner, operator or their representative of
plants, holdings or establishments referred to in paragraph
3 of this Article shall:

by

Commission Directive

(*) OJ L 262, 27.9.1976, p. 169. Directive as last
(EC)

amended
No 2006/78, (OJ L 271, 30.9.2006, p. 56).
(**) OJ L 311, 28.11.2001, p. 1. Directive as last
amended by Directive 2004/28/EC (OJ L 136,
30.4.2004, p. 58).

(***) OJ L 311, 28.11.2001, p. 67. Directive as last
amended by Directive 2004/27/EC (OJ L 136,
30.4.2004, p. 34).

(****) OJ L 169, 12.7.1993, p. 1. Directive as last
amended by Regulation (EC) No 1882/2003
(OJ L 284, 31.10.2003, p. 1).

(*****) OJ L 331, 7.12.1998, p. 1. Directive as amended

by Regulation (EC) No 1882/2003.

(******) OJ L 117, 13.5.2003, p. 14.’

(a) keep records in accordance with Article 9 of Regulation

(EC) No 1774/2002;

8.

In Article 7(b) the reference to ‘Article 5(c)’ is replaced by
the reference to ‘Article 5(3)’.

(b) ensure that the animal by-products are subjected, where
appropriate, to a treatment which satisfies the competent
authority in such a way that the resulting material does
not pose a risk to animal and public health;

Article 2

This Regulation shall enter into force on the third day following
that of
the European
Union.

its publication in the Official

Journal of

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

Done at Brussels, 18 December 2006.

For the Commission

Markos KYPRIANOU
Member of the Commission