Commission Regulation (EC) No 1576/2007 of 21 December 2007 amending Regulation (EC) No 92/2005 implementing Regulation (EC) No 1774/2002 of the European Parliament and the Council as regards means of disposal or uses of animal by-products (Text with EEA relevance )
Date: 2007-12-21
Institutions: European Commission
Subjects: agricultural by-product, animal fats, animal product, biogas, health legislation, waste management

22.12.2007

EN

Official Journal of the European Union

L 340/89

COMMISSION REGULATION (EC) No 1576/2007

of 21 December 2007

amending Regulation (EC) No 92/2005 implementing Regulation (EC) No 1774/2002 of
the
European Parliament and the Council as regards means of disposal or uses 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
4(2)(e), Article 5(2)(g) and Article 6(2)(i) thereof,

Whereas:

(1)

(2)

(3)

Commission Regulation (EC) No 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 biogas transformation
and processing of rendered fats (2)
lays down imple-
certain alternative methods of
menting
for
disposal or use of
(alternative
animal by-products
methods).

rules

In particular, Article 4 of Regulation (EC) No 92/2005
requires the marking of certain material arising from the
use of alternative methods and determines the permitted
end uses of
such material. Regulation (EC) No
1774/2002, as amended by Commission Regulation
(EC) No 1432/2007 (3), lays down harmonised rules for
the marking of animal by-products which contribute to
their proper identification and improve their traceability
of animal by-products. The reference to Annex VI of
Regulation (EC) No 1774/2002 in Article 4(1) of Regu-
lation (EC) No 92/2005 should be amended accordingly.

On the basis of the opinion of the Scientific Panel on
biological hazards of the European Food Safety Authority
on the ‘Biodiesel Process as a method for safe disposal of
Category 1 animal by-products (ABP)’ adopted on 2 June
2004 (4), it is appropriate to permit additional end uses

of Category 1, Category 2 and Category 3 materials, in
accordance with the general principles laid down in
Regulation (EC) No 1774/2002. The combustion of
biodiesel produced in accordance with Annex IV of
Regulation (EC) No 92/2005 in stationary or mobile
engines should also be permitted.

In particular, the landfill of material arising from the
processing of Category 1 material on sites for which a
permit has been issued in accordance with Council
Directive 1999/31/EC of 26 April 1999 on the landfill
of waste (5) should now be permitted.

related to these

Article 5 of Regulation (EC) No 92/2005 lays down
certain special surveillance measures to be carried out
in the first two years of implementation of certain alter-
native methods within a particular Member State. The
requirements
surveillance measures
should take into account experience with the practical
application of a process developed in another Member
State and should be adjusted to the objective to ensure a
high level of protection of public and animal health. The
designation and supervision of a pilot plant for the first
use of an alternative method in each Member State
concerned should therefore be subject
to simplified
conditions.

The tests which have to be carried out during the initial
stage of implementation of an alternative method should
be based on the tests which were carried out for the
assessment of the particular alternative method by the
appropriate scientific body.

The results of the additional surveillance in a particular
Member State should be made available to other Member
States for the evaluation of new applications for the use
of one of the alternative methods concerned on their
respective territories. Information should be provided to
the contact points for alternative methods which are
indicated on the list which is published electronically
by the Commission.

(4)

(5)

(6)

(7)

(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 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).

(3) OJ L 320, 6.12.2007, p. 13.
(4) Question No EFSA-Q-2004-028.

(8)

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

(5) 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).

L 340/90

EN

Official Journal of the European Union

22.12.2007

(9)

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

opinion

the

the

of

HAS ADOPTED THIS REGULATION:

Article 1

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

(d) in the case of materials other than biodiesel resulting
from the biodiesel production process as defined in
Annex IV, used for
technical
products; or

the production of

(e)

in the case of biodiesel produced in accordance with
Annex IV, used as provided for in paragraph 2 (d).’

1. In Article 4, paragraphs 1, 2 and 3 are replaced by the

following:

2. Article 5 is replaced by the following:

‘1. Materials resulting from the processing of Category 1
and 2 materials, except biodiesel produced in accordance
with Annex IV, shall be permanently marked in accordance
with points 10 to 13 of Chapter I of Annex VI to Regulation
(EC) No 1774/2002.

Additional surveillance on initial implementation

1.
The following provisions shall apply for the first two
years of implementation of the following processes for the
treatment of Category 1 material:

‘Article 5

2. Materials resulting from the treatment of Category 1
material shall be disposed of by at least one of the following
methods:

(a) alkaline hydrolysis as defined in Annex I;

(a)

incineration or co-incineration in accordance with the
provisions of Directive 2000/76/EC;

(b) high pressure hydrolysis biogas as defined in Annex III;

(b) burial in a landfill for which a permit has been issued in

accordance with Council Directive 1999/31/EC;

(c) biodiesel production process as defined in Annex IV.

(c)

further transformation in a biogas plant and disposal of
the digestion residues as provided for in points (a) or (b);
or

2.
The operator or supplier of the process shall designate
a plant in at least one Member State where, at least annually,
tests shall be undertaken to reconfirm the efficacy of the
process with regard to animal and public health.

(d) in the case of biodiesel produced in accordance with

Annex IV, combustion as a fuel.

3. Materials resulting from the treatment of Category 2 or
3 materials shall be:

(a) disposed of as provided for in paragraph 2 (a) or (b);

(b) further processed into fat derivatives for the uses referred
of Regulation (EC) No
the prior use of processing

to in Article 5(2)(b)(ii)
1774/2002, without
methods 1 to 5;

(c) used, transformed or disposed of directly as provided for
in Article 5(2)(c)(i), (ii) and (iii) of Regulation (EC) No
1774/2002, without
the prior use of processing
method 1;

The competent authority of the Member State referred

3.
to in paragraph 2 shall ensure that:

(a) suitable tests are applied in the plant to the materials
derived from the treatment steps, such as the liquid
and solid residues, and any gas generated during the
process;

(b) the official control of

the plant

inspection of
the plant and a verification of
processing parameters and conditions applied; and

includes a monthly
the

(c)

the results of
the official controls which have been
carried out are made available to other Member States.’

22.12.2007

EN

Official Journal of the European Union

L 340/91

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

Article 2

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

Done at Brussels, 21 December 2007.

For the Commission

Markos KYPRIANOU
Member of the Commission