Commission Regulation (EC) No 1432/2007 of 5 December 2007 amending Annexes I, II and VI to Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards the marking and transport of animal by-products (Text with EEA relevance )
Date: 2007-12-05
Institutions: European Commission
Subjects: EC conformity marking, agricultural by-product, animal disease, carriage of goods, disease prevention, health control, product quality, traceability

6.12.2007

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 1432/2007

of 5 December 2007

amending Annexes I, II and VI to Regulation (EC) No 1774/2002 of the European Parliament and of
the Council as regards the marking and transport 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 Article
32(1) and point 8 of Chapter I of Annex VI thereof,

Whereas:

Regulation (EC) No 1774/2002 lays down specific health
requirements for animal by-products not intended for
human consumption.

Articles 4, 5 and 6 of Regulation (EC) No 1774/2002
provide that Category 1, 2 and 3 materials are to be
collected,
transported and identified without undue
delay in accordance with Article 7 of that Regulation.

of

and

animal

by-products

Article 7 and Annex II lay down requirements for the
identification, collection and transport of the different
processed
categories
products. In order to improve control and traceability,
standardised colour-coding of packaging, containers and
vehicles should be used for trade in those by-products
and processed products. The colours should be chosen in
such a way so as to ensure that they can be easily dis-
tinguished, including by individuals with impaired colour
vision.

For the purpose of clarity, a definition of ‘colour-coding’
should be added to the specific definitions in Annex I to
Regulation (EC) No 1774/2002.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

products and processed products within their territory.
Such systems or rules should not confuse the stan-
dardised colour-coding system used for trade.

Member States should also have the possibility to require
the marking of animal by-products originating in and
remaining on their territory, in addition to the marking
of specified risk materials required by Regulation (EC) No
999/2001 of the European Parliament and of the Council
of 22 May 2001 laying down rules for the prevention,
control and eradication of certain transmissible spon-
giform encephalopathies (2). Such marking, however,
should not create barriers for trade or for exports to
third countries.

the model

commercial document which is

Annex II to Regulation (EC) No 1774/2002 sets out rules
for
to
accompany animal by-products and processed products
during
such
documents should be laid down in order to improve
identification and traceability of animal by-products.

transportation. Additional

rules

for

Articles 4, 5 and 6 of Regulation (EC) No 1774/2002
provide that certain processed animal by-products are to
be permanently marked, where technically possible with
smell, in accordance with Chapter I of Annex VI to that
Regulation.

Chapter I of Annex VI to Regulation (EC) No 1774/2002
provides that processed products derived from Category
1 or 2 materials, with the exception of liquid products
destined for biogas or composting plants, must be
permanently marked, where technically possible with
smell, using a system approved by the competent
authority. So far, due to a lack of available scientific
data on marking, no detailed rules for such marking
were established.

Member States should have the possibility to establish
systems or to lay down additional rules as regards the
colour-coding of packaging, containers and vehicles used
for the transport of the different categories of animal by-

(10) On 17 October 2006, the Commission Joint Research
Centre issued an implementation study to evaluate
Glyceroltriheptanoate (GTH) as a suitable marker for
animal by-products in rendering systems. On the basis
of this report, detailed requirements for the marking of
processed animal by-products should be laid down.

(1) OJ L 273, 10.10.2002, p. 1. Regulation as last amended by
Commission Regulation (EC) No 829/2007 (OJ L 191, 21.7.2007,
p. 1).

(2) OJ L 147, 31.5.2001, p. 1. Regulation as

(EC) No 1275/2007 (OJ

last amended by
L 284,

Commission Regulation
30.10.2007, p. 8).

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(11)

(12)

Those requirements should be without prejudice to the
marking of processed products for use in organic ferti-
lisers or soil improvers in order to fulfil the obligation
not to apply them directly to land to which farmed
accordance with
access
animals might
Commission Regulation (EC) No 181/2006 of 1
February 2006 implementing Regulation (EC) No
1774/2002 as
and soil
improvers other than manure and amending that Regu-
lation (1).

regards organic

fertilisers

have

in

(14)

(15)

In order to allow the Member States and the industry
time to adapt to the new rules provided for by this
Regulation, those rules should apply from 1 July 2008.

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

opinion

the

the

of

from the

requirement

Certain exceptions
to mark
processed products with GTH should be provided for,
in particular as regards products moved for use or
disposal with a method in accordance with Commission
Regulation (EC) No 92/2005 of 19 January 2005 im-
plementing 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 biogas transformation
and processing of rendered fats (2).

HAS ADOPTED THIS REGULATION:

Article 1

Annexes I, II and VI to Regulation (EC) No 1774/2002 are
amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

(13) Annexes I, II and VI to Regulation (EC) No 1774/2002

should therefore be amended accordingly.

It shall apply from 1 July 2008.

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

Done at Brussels, 5 December 2007.

For the Commission

Markos KYPRIANOU
Member of the Commission

(1) OJ L 29, 2.2.2006, p. 31.
(2) OJ L 19, 21.1.2005, p. 27. Regulation as last amended by Regu-

lation (EC) No 1678/2006 (OJ L 314, 15.11.2006, p. 4).

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ANNEX

Annexes I, II and VI to Regulation (EC) No 1774/2002 are amended as follows:

(1) In Annex I the following point is added:

‘65. “colour-coding” means the systematic use of colours as defined in Chapter I of Annex II for displaying infor-
mation as provided for in this Regulation on the surface or part of the surface of a packaging, container or
vehicle, or on a label or symbol applied to them.’

(2) Annex II is amended as follows:

(a) Chapter I is replaced by the following:

1. All necessary measures must be taken to ensure that:

‘CHAPTER I

Identification

(a) Category 1, Category 2 and Category 3 materials are identifiable and kept separate and identifiable during

collection and transportation;

(b) processed products are identifiable and kept separate and identifiable during transportation;

(c) a marking substance for the identification of animal by-products or processed products of a specific
category is only used for the category for which its use is required under this Regulation, or is established
or laid down pursuant to point 4; and

(d) animal by-products and processed products are dispatched from one Member State to another Member
State in packaging, containers or vehicles which are prominently and, at least for the period of transport,
indelibly colour-coded as follows:

(i) in the case of Category 1 materials, using the colour black;

(ii) in the case of Category 2 materials (other than manure and digestive tract content), using the colour

yellow;

(iii) in the case of Category 3 materials, using the colour green with a high content of blue to ensure that

it is clearly distinguishable from the other colours.

2. During transport, a label attached to the packaging, container or vehicle must:

(a) clearly indicate the category of the animal by-products or, in the case of processed products, the category

of animal by-products from which the processed products were derived; and

(b) bear the following words:

(i) in the case of Category 3 material, “not for human consumption”;

(ii) in the case of Category 2 material (other than manure and digestive tract content) and processed
products derived therefrom, “not for animal consumption”; however, when Category 2 material
is
intended for the feeding of animals referred to in Article 23(2)(c) under the conditions provided for in
that Article, the label shall instead indicate “for feeding to …” completed with the name of the specific
species of those animals for the feeding of which the material is intended;

(iii) in the case of Category 1 material and processed products derived therefrom, “for disposal only”;

(iv) in the case of manure and digestive tract content, “manure”.

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3. Member States may establish systems or lay down rules for the colour-coding of packaging, containers or
vehicles used for the transport of animal by-products and processed products originating in and remaining on
their territory, provided that those systems or rules do not confuse the colour-coding system provided for in
point 1(d).

4. Without prejudice to point 3 of Annex V to Regulation (EC) No 999/2001, Member States may establish
systems or lay down rules for the marking of animal by-products originating in and remaining on their
territory provided that those systems or rules do not conflict with the marking requirements laid down for
processed products in Chapter I of Annex VI to this Regulation.

5. By way of derogation from points 3 and 4, Member States may use the systems or rules referred to in those
points for animal by-products originating in but not intended to remain on their territory if the Member State
or third country of destination has communicated its agreement.’

(b) In Chapter X, point 1 is replaced by the following:

‘1. A commercial document in accordance with the model set out in this Chapter shall accompany animal by-
products and processed products during transportation. However, for the transport of animal by-products and
processed products on their own territory Member States may require:

(a)

to use a different commercial document, in paper or in electronic form, provided that such commercial
document complies with the requirements laid down in point 2 of Chapter III;

(b) that the quantity of the material referred to in point 2(c) of Chapter III is expressed in weight of the

material in the commercial document;

(c)

that a copy of the commercial document is returned by the receiver to the producer to be kept by that
producer in accordance with Chapter V as proof of arrival of the consignment.’

(3) Annex VI is amended as follows:

(a)

the title is replaced by the following:

‘SPECIFIC REQUIREMENTS FOR THE PROCESSING OF CATEGORY 1 AND 2 MATERIAL, FOR
BIOGAS AND COMPOSTING AND FOR THE MARKING OF CERTAIN PROCESSED PRODUCTS’

(b) Chapter I is amended as follows:

(i) the title is replaced by the following:

‘Specific requirements for the processing of Category 1 and 2 materials and for the marking of certain
processed products’

(ii) in part C, the following points are added:

‘10.

In processing plants approved in accordance with Article 13, processed products as referred to in
Article 4(2)(b) and (c) and Article 5(2)(b) and (c) shall be permanently marked with:

(a) smell, where technically possible; and

(b) glyceroltriheptanoate (GTH) in such a way that:

(i) GTH is added to processed products that have undergone a preceding sanitising thermal treatment at
a core temperature of at least 80 °C and remain subsequently protected from re-contamination; and

(ii) all processed products contain homogenously throughout the substance a minimum concentration

of at least 250 mg GTH per kg fat.

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11. The operators of processing plants approved in accordance with Article 13 shall have in place a system of
constant monitoring and recording of parameters suitable to demonstrate to the competent authority that
the required homogeneous minimum concentration of GTH as referred to in point 10(b) is achieved in the
processed products referred to in point 10.

That monitoring and recording system shall include the determination of the content of intact GTH as
triglyceride in a cleaned petroleum-ether 40-70 extract of GTH from samples taken at regular intervals.

12. The competent authority shall carry out a performance check of the monitoring and recording system
referred to in point 11 to ascertain compliance with this Regulation and may, where necessary, request the
testing of additional samples in accordance with the method referred to in the second paragraph of point
11.

13. The marking with GTH shall not be required for processed products as referred to in Article 4(2)(b) and (c)

and Article 5(2)(b) and (c), where such products are:

(a) moved by a closed conveyer system, where such a system has been authorised by the competent

authority, from the processing plant for:

(i) immediate direct incineration or co-incineration; or

(ii) immediate use in accordance with a method approved for Category 1 and 2 animal by-products in

accordance with Articles 1 and 2 of Regulation (EC) No 92/2005; or

(b) intended for research or for scientific use authorised by the competent authority.’