REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Regulation (EC) No 1069/2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (‘Animal by-products Regulation’)
Date: 2024-07-01
Institutions: Directorate-General for Health and Food Safety, European Commission
Subjects: European Commission, animal product, by-product, delegated legislation, food inspection, food safety, health control, health risk, powers of the institutions (EU), transfer of competence

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   EUROPEAN COMMISSION  Brussels, 1.7.2024  COM(2024) 262 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Regulation (EC) No 1069/2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (‘Animal by-products Regulation’)  
 
 
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
THE COUNCIL 

on the exercise of the power to adopt delegated acts conferred on the Commission 
pursuant to Regulation (EC) No 1069/2009 laying down health rules as regards animal 
by-products and derived products not intended for human consumption and repealing 
Regulation (EC) No 1774/2002 (‘Animal by-products Regulation’) 

1.  INTRODUCTION 

Regulation  (EC) No 1069/2009  laying down health  rules as regards animal  by-products  and 
derived  products  not  intended  for  human  consumption  and  repealing  Regulation  (EC)  No 
1774/2002 (‘Animal by-products Regulation’)1 was adopted in 2009. This Regulation entered 
into force on 4 December 2009 and started applying from 4 March 2011. 

In  2019  the  Animal  by-products  Regulation  was  amended  by  Regulation  (EU)  2019/10092, 
which  introduced  in  Article  5(2),  the  legal  basis  for  determination  of  an  end  point  in  the 
manufacturing  chain  of  derived products for organic fertilisers and soil improvers which no 
longer pose any significant risk to public or animal health. Upon determination of such an end 
point, those organic fertilisers and soil improvers may subsequently be placed on the market 
without restrictions under the Animal by-products Regulation and will no longer be subject to 
official controls in accordance with that Regulation. 

The amended Article 5(2) of the Animal by-products Regulation provides for the legal basis 
for determination of end points for petfood, technical products for uses outside the feed chain 
and  organic  fertilisers  and  soil  improvers.  It  empowers  the  Commission  to  adopt  delegated 
acts. 

The amendment applies from 15 July 2019. 

LEGAL BASIS  

This  report  is  required  under  Article  51a(2)  of  Regulation  (EC)  No  1069/2009.  Pursuant  to 
this provision, the power to adopt delegated acts concerning the matters listed in Article 5(2) 
of  that  Regulation  is  conferred  on  the  Commission  for  a  period  of  five  years  from  15  July 
2019 and the Commission is required to prepare a report in respect of the delegated power not 
later than nine months before the end of the five-year period.  

.Article 51a(2) Regulation (EC) No 1069/2009 lays down that the delegation of power is to be 
tacitly  extended  for  periods  of  an  identical  duration,  unless  the  European  Parliament  or  the 
Council  opposes  such  extension  not  later  than  three  months  before  the  end  of  each  period, 

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Regulation  (EC)  No  1069/2009  of  the  European  Parliament  and  of  the  Council  of  21  October  2009 
laying down  health  rules  as regards  animal  by-products  and  derived  products not  intended  for human 
consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) (OJ L 300, 
14.11.2009, p. 1). 
Regulation (EU) 2019/1009 of the European Parliament and of the Council of 5 June 2019 laying down 
rules on the making available on the market of EU fertilising products and amending Regulations (EC) 
No  1069/2009  and  (EC)  No  1107/2009  and  repealing  Regulation  (EC)  No  2003/2003  (OJ  L  170, 
25.6.2019, p. 1). 

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while  Article  51a(3)  states  that  the  delegation  of  power  may  be  revoked  at  any  time  by  the 
European Parliament or by the Council. 

2.  EXERCISE OF THE DELEGATION 

During the reporting period, the Commission exercised its delegated powers, by adopting the 
following delegated act: 

•  Commission  Delegated  Regulation  (EU)  2023/1605  of  22  May  2023  supplementing 
Regulation (EC) No 1069/2009 of the European Parliament and of the Council as regards 
the  determination  of  end  points  in  the  manufacturing  chain  of  certain  organic  fertilisers 
and soil improvers3. 

This  Delegated  Regulation  establishes  end  points  in  the  manufacturing  chain  for  organic 
fertilisers  and  soil  improvers  manufactured  in  the  Union  beyond  which  they  are  no  longer 
subject to the requirements laid down in Regulation (EC) No 1069/2009, provided that they 
are  used  as  component  materials  in  EU  fertilising  products  in  accordance  with  Regulation 
(EU)  2019/1009.  The  delegated  act  was  adopted  on  22  May  2023  and  transmitted  to  the 
European  Parliament  and  to  the  Council.  In  the  absence  of  objection  from  the  European 
Parliament or the Council, the delegated Regulation was published on 8 August 2023. 

Article  5(4)  of  Regulation  (EC)  No  1069/2009  set  out  an  obligation  for  the  Commission  in 
certain  circumstances  to  determine  an  end  point  for  certain  derived  products  pursuant  to 
Article  5(2).  The  Commission  fulfilled  the  obligation  laid  down  in  Article  5(4)  of  that 
Regulation  by  sending  a  mandate  to  the  European  Food  Safety  Authority  (EFSA). 
Subsequently, EFSA published a Scientific Opinion ‘Inactivation of indicator microorganisms 
and biological hazards by standard and/or alternative processing methods in Category 2 and 3 
animal  by-products  and  derived  products  to  be  used  as  organic  fertilisers  and/or  soil 
improvers’4.  According  to  that  Scientific  Opinion  only  certain  derived  products  listed  in 
Article 5(4) of Regulation (EC) No 1069/2009 are eligible to reach the end point if they are 
used as component material in accordance with Regulation (EU) 2019/1009. 

In  addition,  based  on  the  empowerment  provided  in  Article  5(2)  of the  Animal by-products 
Regulation  the  Commission  may  also  determine  end  points  in  the  manufacturing  chain  for 
further  derived  products,  namely  those  referred  to  in  Articles  32,  35  and  36  of  Regulation 
(EC) No 1069/2009, which no longer pose any significant risk to public or animal health. 

3.  CONCLUSION 

The Commission has duly delivered an obligatory delegated act based on the empowerment 
provided  for  in  Article  5(2)  of  the  Animal  by-products  Regulation,  namely,  Commission 
Delegated  Regulation  (EU)  2023/1605.  The  Commission  considers  it  necessary  to  tacitly 
extend  the  delegation  of  power  provided  for  in  Article  51a(2)  for  a  period  of  five  years,  as 
provided for in this Article, for determining end points for further derived products depending 
on future favourable assessment(s) of EFSA and for the possible need for future amendments 
to  this  delegated  Regulation.  The  Commission  invites  the  European  Parliament  and  the 
Council to take note of this report. 

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Commission  Delegated  Regulation  (EU)  2023/1605  of  22  May  2023  supplementing  Regulation  (EC) 
No 1069/2009 of the European Parliament and of the Council as regards the determination of end points 
in the manufacturing chain of certain organic fertilisers and soil improvers (OJ L 198, 8.8.2023, p. 1). 
EFSA Journal 2021;19(12):6932. 

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