CELEX: 
Language: en
Date: 2016-08-24
Title: COMMISSION REGULATION (EU) …/… amending Regulation (EU) No 142/2011 as regards parameters for the transformation of animal by-products into biogas or compost, microbiological standards for raw petfood, conditions for imports of petfood and for the export of processed manure

COMMISSION REGULATION (EU) …/…
            
            
               of XXX
            
            
               amending Regulation (EU) No 142/2011 as regards parameters for the transformation of animal by-products into biogas or compost, microbiological standards for raw petfood, conditions for imports of petfood and for the export of processed manure 
            
            
               THE EUROPEAN COMMISSION,
            
            
               Having regard to the Treaty on the Functioning of the European Union,
            
            
               Having regard to 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
                  1
               , and in particular Article 15(1)(c), Article 27(g), Article 40(b) and (e), Article 41(3) and the second subparagraph of Article 43(3) thereof,
            
            
               Whereas: 
            
            
               (1)Commission Regulation (EU) No 142/2011
                  2
                lays down rules implementing Regulation (EC) No 1069/2009, including parameters for the transformation of animal by-products into biogas or compost, requirements for the handling of raw material for the production of petfood, conditions for the placing on the market of imported pet food and rules for the export of Category 2 materials. 
            
            
               (2)Annex V to Regulation (EU) No 142/2011 sets out standards for the transformation of animal by-products into biogas and compost. Existing rules already grant derogation from the transformation parameters. Animal by-products referred to in Article 13(e)(ii) of Regulation (EC) No 1069/2009 which the competent authority does not consider to present a risk for the spread of any serious transmissible disease may be composted or transformed into biogas without prior processing subject to alternative transformation parameters. However, the digestion residues in such case should be placed on the market only in the Member States where derogations have been granted. It is appropriate to provide the competent authorities with flexibility in the way they regulate biogas and compost plants mentioned in point 2 of Chapter III of Annex V to Regulation (EU) No 142/2011 in order to derogate for such plants from the standards for digestion residues and compost set out in Section 3 of Chapter III. Annex V should therefore be amended accordingly.
            
            
               (3)The safety of raw petfood may be maintained without any danger for public or animal health if the existing burdensome microbiological standards for Enterobacteriaecae are replaced with process hygiene criteria based on the principles set out in Commission Regulation (EC) No 2073/2005
                  3
                on microbiological criteria for foodstuffs. Annex XIII to Regulation (EU) No 142/2011 should therefore be amended accordingly.
            
            
               (4)Member States may authorise the import of animal by-products and derived products only from authorised third countries. Member States may authorise the import of raw petfood derived from fishery by-products from non-EU countries authorised for the import of fishery products for human consumption in accordance with Annex II to Decision 2006/766/EC. This is not the case for imports of processed petfood derived from fishery by-products. In that respect, the import of processed petfood derived from fishery by-products is subject to stricter conditions than the import of raw petfood derived from fishery by-products. It is appropriate to authorise the import of processed petfood derived from fishery by-products from all non-EU countries authorised for the import raw petfood derived from fishery by-products. Section I of Chapter II of Annex XIV to Regulation (EU) No 142/2011 should therefore be amended accordingly.
            
            
               (5)The export of processed manure destined for incineration or disposal in landfill is prohibited. However, in accordance with Article 43(2) and (3) of Regulation (EC) No 1069/2009 the export of those materials for use in a biogas or composting plants may be allowed provided that the country of destination is a member of the Organisation for Economic Co-operation and Development (OECD). In order to allow the export of processed manure and organic fertilizers containing solely processed manure, it is appropriate to lay down the rules for the export of that product for purposes other than incineration, landfill, or use in biogas or composting plants in the countries which are not members of OECD. Those rules should set out requirements at least equivalent to the requirements for the placing on the market of processed manure and organic fertilizers containing solely processed manure. Annex XIV to Regulation (EU) No 142/2011 should therefore be amended accordingly.
            
            
               (6)The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,
            
            
               HAS ADOPTED THIS REGULATION:
            
            
               Article 1
            
            
               In Article 25 of Regulation (EU) No 142/2011, the following paragraph is added: 
            
            
               "4.The rules set out in Chapter V of Annex XIV shall apply to exports from the Union of the derived products specified therein."
            
            
               Article 2
            
            
               Annexes V, XIII and XIV to Regulation (EU) No 142/211 are amended in accordance with the text set out in the Annex to this Regulation.
            
         
         
            
               Article 3
            
            
               This Regulation shall enter into force on the twentieth day following that of 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,
            
            
               
                     For the Commission
               
               
                     The President
               
               
                     Jean-Claude JUNCKER
               
            
         
         
            
                  
                     (1)
                  OJ L 300, 14.11.2009, p. 1.
               
               
                  
                     (2)
                  Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive (OJ L 54, 26.2.2011, p. 1).
               
               
                  
                     (3)
                  Commission Regulation (EC) No 2073/2005 of 15 November 2005 on microbiological criteria for foodstuffs (OJ L 338, 22.12.2005, p. 1).
               
            
      
    ---documentbreak--- 
      
         
         
            
               ANNEX
            
            
               Annexes V, XIII and XIV to Regulation (EU) No 142/2011 are amended as follows:
            
            
               (1)In Annex V, Chapter III, Section 3, point 2 is replaced by the following:
            
            
               "2.Digestion residues or compost other than those referred to in point 3(b) of Section 2, which do not comply with the requirements set out in this Section, shall be resubmitted to transformation or composting, and in the case of Salmonella handled or disposed of in accordance with the instructions of the competent authority." 
            
            
               (2)In Annex XIII, Chapter II, point 6 is replaced by the following:
            
            
               "6.Random samples must be taken from raw petfood during production and/or during storage (before dispatch) to verify compliance with the following standards:
            
            
               Salmonella: absence in 25 g, n = 5, c = 0, m = 0, M = 0. 
            
            
               Enterobacteriaceae: n = 5, c = 2, m = 10, M = 5 000 in 1 g 
            
            
               Where: 
            
            
               n =number of samples to be tested; 
            
            
               m =threshold value for the number of bacteria; the result shall be considered satisfactory if the number of bacteria in all samples does not exceed m; 
            
            
               M =maximum value for the number of bacteria; the result shall be considered unsatisfactory if the number of bacteria in one or more samples is M or more; and 
            
            
               c =number of samples the bacterial count of which may be between m and M, the sample shall still be considered acceptable if the bacterial count of the other samples is m or less.
            
            
               Where the product does not comply with the standards set out in the first subparagraph the product cannot be placed on the market unless the operator has taken proportionate corrective actions in accordance with the written procedure or procedures based on the hazard analysis and critical control points (HACCP) principles as set out in points (e) and (f) of Article 29(2) of Regulation (EC) No 1069/2009. Those corrective actions must have been notified to the competent authority. Where the competent authority is not satisfied that the necessary corrective actions have been taken or where they have proved ineffective in bringing the establishment into compliance with the process hygiene criteria, the raw pet food must be handled or disposed of in accordance with the instructions of the competent authority."
            
            
               (3)Annex XIV is amended as follows:
            
            
               (a)In Chapter II, Section 1, in Table 2, row number 12 is replaced by the following:
            
            
               "
            
            
                     
                        12
                     
                  
                  
                     
                        Petfood, including dogchews
                     
                  
                  
                     
                        (a)
                              In the case of processed petfood and of dogchews: materials referred to in Article 35(a)(i) and (ii).
                     
                     
                        (b)
                              In the case of raw petfood: materials referred to in Article 35(a)(iii).
                     
                  
                  
                     
                        The petfood and the dogchews must have been produced in accordance with Chapter II of Annex XIII.
                     
                  
                  
                     
                        (a)
                              In the case of raw petfood: 
                     
                     
                           Third countries listed in Part 1 of Annex II to Regulation (EU) No 206/2010 or in Annex I to Regulation (EC) No 798/2008, from which Member States authorise imports of fresh meat from the same species and where only bone-in meat is authorised.
                     
                     
                           
                     
                     
                           In the case of fish materials, third countries listed in Annex II to Decision 2006/766/EC. 
                     
                     
                        (b)
                              In the case of dogchews and petfood other than raw petfood:
                     
                     
                           Third countries listed in Part 1 of Annex II to Regulation (EU) No 206/2010, and the following countries: 
                     
                     
                           (JP) Japan
                     
                     
                           (EC) Ecuador
                     
                     
                           (LK) Sri Lanka 
                     
                     
                           (TW) Taiwan.
                     
                     
                           
                     
                     
                           In the case of processed petfood derived from fish materials, third countries listed in Annex II to Decision 2006/766/EC. 
                     
                  
                  
                     
                        (a)
                              In the case of canned petfood: Annex XV, Chapter 3(A). 
                     
                     
                        (b)
                              In the case of processed petfood other than canned petfood: Annex XV, Chapter 3(B). 
                     
                     
                        (c)
                              In the case of dogchews: Annex XV, Chapter 3(C). 
                     
                     
                        (d)
                              In the case of raw petfood: Annex XV, Chapter 3(D).
                     
                  
               
               ";
            
         
         
            
               (b)The following Chapter V is added:
            
            
               "Chapter V
            
            
               RULES FOR THE EXPORT OF CERTAIN DERIVED PRODUCTS
            
            
               Rules applicable to the export of the derived products listed below as referred to in Article 25(4):
            
            
                     
                  
                  
                     
                        Derived products
                     
                  
                  
                     
                        Rules for export
                     
                  
               
                     
                        1
                     
                  
                  
                     
                        Processed manure and organic fertilizers containing solely processed manure
                     
                  
                  
                     
                        Processed manure must comply with the conditions set out in points (a), (b), (d) and (e) of Section 2 of Chapter I of Annex XI.
                     
                  
               
               "