Commission Regulation (EC) No 185/2007 of 20 February 2007 amending Regulations (EC) No 809/2003 and (EC) No 810/2003 as regards extension of the validity of the transitional measures for composting and biogas plants under Regulation (EC) No 1774/2002 of the European Parliament and of the Council (Text with EEA relevance )
Date: 2007-02-20
Institutions: European Commission
Subjects: animal product, biogas, by-product, health control, health legislation, organic fertiliser, standard, waste recycling

L 63/4

EN

Official Journal of the European Union

1.3.2007

COMMISSION REGULATION (EC) No 185/2007

of 20 February 2007

amending Regulations (EC) No 809/2003 and (EC) No 810/2003 as regards extension of the validity of
the transitional measures for composting and biogas plants under Regulation (EC) No 1774/2002 of
the European Parliament and of the Council

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

risks of biogas and composting treatment standards of
animal by-products.

Having regard to the Treaty establishing the European Commu-
nity,

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,

(5) On the basis of

the abovementioned EFSA opinion,
Commission Regulation (EC) No 208/2006 of 7 February
2006 amending Annexes VI and VIII to Regulation (EC)
No 1774/2002 of the European Parliament and of the
Council as regards processing standards for biogas and
composting plants and requirements for manure (4) was
adopted on 7 February 2006,
laying down validation
requirements for alternative processing standards.

Whereas:

(1) Regulation (EC) No 1774/2002 lays down health rules
concerning animal by-products not intended for human
consumption. In view of the strict nature of those rules,
transitional measures have been granted.

(2) Commission Regulation (EC) No 809/2003 of 12 May
2003 on transitional measures under Regulation (EC)
No 1774/2002 of the European Parliament and of the
Council as regards the processing standards for category 3
material and manure used in composting plants (2) provides
for certain transitional measures in order to give industry
time to adjust and develop alternative processing standards
for Category 3 material and manure used in composting
plants until 31 December 2006.

(3) Commission Regulation (EC) No 810/2003 of 12 May
2003 on transitional measures under Regulation (EC)
No 1774/2002 of the European Parliament and of the
Council as regards processing standards for category 3
material and manure used in biogas plants (3) provides for
certain transitional measures in order to give industry time
to adjust and develop alternative processing standards for
Category 3 material and manure used in biogas plants until
31 December 2006.

(4) On 7 September 2005, the European Food Safety Authority
(EFSA) issued an opinion on the safety vis-à-vis biological

(1) OJ L 273, 10.10.2002, p. 1. Regulation as last amended by
L 379,

Commission Regulation (EC) No 2007/2006 (OJ
28.12.2006, p. 98).

(2) OJ L 117, 13.5.2003, p. 10. Regulation as last amended by

Regulation (EC) No 209/2006 (OJ L 36, 8.2.2006, p. 32).

(3) OJ L 117, 13.5.2003, p. 12. Regulation as last amended by

Regulation (EC) No 209/2006.

(6)

The transitional measures laid down in Regulations (EC)
No 809/2003 and (EC) No 810/2003 do not restrict the
the validation
concerned operators in making use of
procedure introduced by Regulation (EC) No 208/2006.

(7) Alternative processing standards may now be approved by
the competent authority of Member States if the validation
has been carried out successfully. However, the Member
States need more time to complete validation procedures.

(8)

In addition, mesophilic fermentation processes are com-
monly used in certain regions of the EU. Such processes
were not specifically addressed in the abovementioned
EFSA opinion; however, they might not fulfil all require-
ments laid down for the validation of alternative processing
standards. The Commission has therefore forwarded a
question to EFSA seeking its advice on the safety of the
mesophilic fermentation process. EFSA is currently evalu-
ating the possible risks of this process.

(9) While awaiting this advice from EFSA and in order to
provide additional time to Member States for the validation
of alternative processes, the transitional measures provided
for in Regulations (EC) No 809/2003 and (EC) No 810/
2003 should be extended for a further period of time to
to
enable the Member States
continue to apply national
the processing
standards for Category 3 materials and manure used in
composting and biogas plants.

to authorise operators
rules

for

(10) Regulations (EC) No 809/2003 and (EC) No 810/2003

should therefore be amended accordingly.

(4) OJ L 36, 8.2.2006, p. 25.

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Official Journal of the European Union

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(11) The measures provided for

in this Regulation are in
accordance with the opinion of the Standing Committee on
the Food Chain and Animal Health,

HAS ADOPTED THIS REGULATION:

Article 2

In Article 1(1), Article 3(2) and Article 4, of Regulation (EC)
No 810/2003, the date ‘31 December 2006’
is replaced by
‘30 June 2008’.

Article 1

Article 3

In Article 1(1), Article 3(2) and Article 4, of Regulation (EC)
No 809/2003, the date ‘31 December 2006’
is replaced by
‘30 June 2008’.

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, 20 February 2007.

For the Commission

Markos KYPRIANOU

Member of the Commission