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Document 32010R0595
Commission Regulation (EU) No 595/2010 of 2 July 2010 amending Annexes VIII, X and XI to Regulation (EC) No 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption (Text with EEA relevance)
Commission Regulation (EU) No 595/2010 of 2 July 2010 amending Annexes VIII, X and XI to Regulation (EC) No 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption (Text with EEA relevance)
Commission Regulation (EU) No 595/2010 of 2 July 2010 amending Annexes VIII, X and XI to Regulation (EC) No 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption (Text with EEA relevance)
OJ L 173, 8.7.2010, p. 1–26
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
No longer in force, Date of end of validity: 03/03/2011; Implicitly repealed by 32009R1069
8.7.2010 |
EN |
Official Journal of the European Union |
L 173/1 |
COMMISSION REGULATION (EU) No 595/2010
of 2 July 2010
amending Annexes VIII, X and XI to Regulation (EC) No 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
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 the first and second subparagraph of Article 32(1) thereof,
Whereas:
(1) |
Regulation (EC) No 1774/2002 lays down animal and public health rules concerning animal by-products not intended for human consumption. It provides that processed animal protein and other processed products that could be used as feed material are to be placed on the market only if they have been processed in accordance with Annex VII to that Regulation. In addition, Regulation (EC) No 1774/2002 provides that petfood, dogchews and technical products and those animal by-products referred to in Annex VIII are to be placed on the market only if they meet the specific requirements set out in that Annex. |
(2) |
Chapter V of Annex VIII to Regulation (EC) No 1774/2002 currently sets out harmonised requirements for the placing on the market and importation of serum of equidae. However, certain Member States, trading partners and economic operators have indicated their interest in the use of blood and a wider range of blood products from equidae, both of Union and of third country origin, for technical purposes in the Union. In order to facilitate the use of such blood and of such blood products, it is necessary to lay down animal health requirements for their use for technical purposes. Such requirements should mitigate the potential risks of transmission of certain compulsorily notifiable diseases listed in Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and import from third countries of equidae (2), on the basis of available scientific evidence. In particular, blood should come from slaughterhouses that have been approved in accordance with Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (3) or from facilities approved and supervised by the competent authority of the third country for the purpose of blood collection, such as holdings where animals are kept under special health conditions. |
(3) |
Chapter X of Annex VIII to Regulation (EC) No 1774/2002 sets out requirements for the importation of horns and horn products (excluding horn meal) and hooves and hoof products (excluding hoof meal) intended for use other than as feed material, organic fertilizers or soil improvers. |
(4) |
Economic operators have indicated their interest in the use of such animal by-products for the production of organic fertilizers or soil improvers. However, the placing on the market, including the importation of such animal by-products should only be allowed if they originate from animals which are fit for slaughter for human consumption or which did not show clinical signs of any communicable disease and if a treatment has been applied to them which mitigates potential health risks. |
(5) |
In the case of horns, appropriate measures should be taken to prevent the transmission of transmissible spongiform encephalopathy (TSE) when the horns are removed from the skull. The Scientific Steering Committee issued an opinion on TSE infectivity distribution in ruminant tissues (4). According to that opinion, horns must be removed without opening the cranial cavity, to prevent cross-contamination with TSE agents. |
(6) |
Accordingly, a new Chapter XV should be added to Annex VIII to Regulation (EC) No 1774/2002 which specifies the health conditions for the placing on the market, including the importation, of horns and horn products, excluding horn meal, and hooves and hoof products, excluding hoof meal, which are intended for the production of organic fertilisers or soil improvers. |
(7) |
Annex X to Regulation (EC) No 1774/2002, as amended by Commission Regulation (EC) No 437/2008' (5), sets out a single model health certificate for milk and milk products not intended for human consumption originating in third countries for dispatch to or for transit through the Union. Chapter V of Annex VII to Regulation (EC) No 1774/2002 lays down specific requirements for the placing on the market and importation of milk, milk products and colostrum. Point 3 of Section A and point 1.5 of Section B of that Chapter lay down the requirements for whey that is to be fed to animals of species susceptible to foot-and-mouth disease. The model health certificate for the importation of milk and milk products not intended for human consumption is set out Chapter 2 of Annex X to Regulation (EC) No 1774/2002. The requirements for whey set out in that model certificate are stricter than the corresponding requirements for whey in intra-Union trade set out in Chapter V of Annex VII to that Regulation. Accordingly, that model certificate should be amended so that the requirements for the importation of whey are not less favourable than those applicable to the production and marketing of whey in intra-Union trade. The model health certificate in Chapter 2 of Annex X to Regulation (EC) No 1774/2002 should therefore be amended. |
(8) |
Annex XI to Regulation (EC) No 1774/2002 sets out lists of third countries from which Member States may authorise imports of certain animal by-products not intended for human consumption with reference to Council Decision 79/542/EEC (6), Commission Decision 97/296/EC (7), Commission Decision 94/85/EEC (8), Commission Decision 94/984/EC (9), Commission Decision 2000/585/EC (10), Commission Decision 2000/609/EC (11), Commission Decision 2004/211/EC (12), Commission Decision 2004/438/EC (13) and Commission Decision 2006/696/EC (14). These legal acts have been considerably amended or replaced. Annex XI should be amended to take account of amendments made to those Union acts. |
(9) |
A transitional period should be provided for after the date of entry into force of this Regulation, in order to provide the necessary time for stakeholders to comply with the new rules and to allow for the continued importation into the Union of animal by-products, as provided for Regulation (EC) No 1774/2002, before the amendments introduced by this Regulation. |
(10) |
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 1
Annexes VIII, X and XI to Regulation (EC) No 1774/2002 are amended in accordance with the Annex to this Regulation.
Article 2
For a transitional period until 31 August 2010, Member States shall accept consignments of milk and milk products, serum from equidae and treated blood products, excluding those of equidae, for the manufacture of technical products which are accompanied by a health certificate completed and signed in accordance with the appropriate model certificates, as set out in Chapter 2, Chapter 4(A) and Chapter 4(D) respectively of Annex X to Regulation (EC) No 1774/2002 before the date of entry into force of this Regulation.
Until 30 October 2010, Member States shall accept such consignments if the accompanying health certificates were completed and signed before 1 September 2010.
Article 3
This Regulation shall enter into force and apply 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, 2 July 2010.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 273, 10.10.2002, p. 1.
(2) OJ L 224, 18.8.1990, p. 42.
(3) OJ L 139, 30.4.2004, p. 55.
(4) Opinion of the Scientific Steering Committee adopted at its meeting of 10 and 11 January 2002 and amended at its meeting of 7 and 8 November 2002.
(5) OJ L 132, 22.5.2008, p. 7.
(6) OJ L 146, 14.6.1979, p. 15.
(7) OJ L 122, 14.5.1997, p. 21.
(8) OJ L 44, 17.2.1994, p. 31.
(9) OJ L 378, 31.12.1994, p. 11.
(10) OJ L 251, 6.10.2000, p. 1.
(11) OJ L 258, 12.10.2000, p. 49.
(12) OJ L 73, 11.3.2004, p. 1.
ANNEX
Annexes VIII, X and XI to Regulation (EC) No 1774/2002 are amended as follows:
(1) |
Annex VIII is amended as follows:
|
(2) |
Annex X is amended as follows:
|
(3) |
Annex XI is replaced by the following: ‘ANNEX XI Lists of third countries from which Member States may authorise imports of animal by-products not intended for human consumption The inclusion of a third country on one of the following lists is a necessary, but not sufficient, condition for the importation of the relevant products from that third country. Imports must also fulfil the relevant animal health and public health requirements. The following descriptions refer to the territories or parts thereof from which imports of certain animal by-products are permitted, as stated in the relevant animal health certificate or declaration laid down in Annex X. PART I List of third countries from which Member States may authorise imports of milk and milk products (health certificate, Chapter 2) Authorised third countries listed in Annex I to Decision 2004/438/EC (1). PART II List of third countries from which Member States may authorise imports of processed animal proteins (excluding fishmeal) (health certificate, Chapter 1) Third countries listed in Part 1 of Annex II to Commission Regulation (EU) No 206/2010 (2). PART III List of third countries from which Member States may authorise imports of fishmeal and fish oil (health certificate, Chapters 1 and 9) Third countries listed in Annex II to Commission Decision 2006/766/EC (3). PART IV List of third countries from which Member States may authorise imports of rendered fats (excluding fish oil) (health certificate, Chapters 10(A) and 10(B)) Third countries listed in Part 1 of Annex II to Regulation (EU) No 206/2010. PART V List of third countries from which Member States may authorise imports of blood products for feed material (health certificate, Chapter 4(B)) A. Blood products from ungulates Third countries or parts of third countries listed in Part 1 of Annex II to Regulation (EU) No 206/2010, from which imports of all categories of fresh meat of the respective species are authorised. B. Blood products from other species Third countries listed in Part 1 of Annex II to Regulation (EU) No 206/2010. PART VI List of third countries from which Member States may authorise imports of animal by-products and blood products (with the exception of those of equidae) intended for technical purposes including pharmaceuticals (health certificate, Chapters 4(C) and 8)
PART VII(A) List of third countries from which Member States may authorise imports of animal by-products for the manufacture of petfood (health certificate, Chapter 3(F))
PART VII(B) List of third countries from which Member States may authorise imports of raw petfood intended for dispatch to the European Union for direct sale or animal by-products to be fed to farmed fur animals (health certificate, Chapter 3(D)) Third countries listed in Part 1 of Annex II to Regulation (EU) No 206/2010 or in Part 1 of 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. PART VII(C) List of third countries from which Member States may authorise imports of flavouring innards for use in the manufacture of petfood, intended for dispatch to the European Union (health certificate, Chapter 3(E)) Third countries listed in Part 1 of Annex II to Regulation (EU) No 206/2010 or in Part 1 of 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 flavouring innards from fish materials, third countries listed in Annex II to Decision 2006/766/EC. PART VIII List of third countries from which Member States may authorise imports of pig bristles (health certificate, Chapter 7(A) and 7(B))
PART IX List of third countries from which Member States may authorise imports of processed manure and processed manure products for the treatment of soil (health certificate, Chapter 17) For processed manure and processed manure products, third countries listed in:
PART X List of third countries from which Member States may authorise imports of petfood and dogchews (health certificate, Chapters 3(A), 3(B) and 3(C)) Third countries listed in Part 1 of Annex II to Regulation (EU) No 206/2010, and the following third countries:
PART XI List of third countries from which Member States may authorise imports of gelatine, hydrolysed protein, collagen, dicalcium phosphate and tricalcium phosphate (health certificate, Chapters 11 and 12) Third countries listed in Part 1 of Annex II to Regulation (EU) No 206/2010, and the following third countries:
PART XII List of third countries from which Member States may authorise imports of apiculture products (health certificate, Chapter 13) Third countries listed in Part 1 of Annex II to Regulation (EU) No 206/2010. PART XIII List of third countries from which Member States may authorise imports of blood and blood products of equidae (health certificate, Chapter 4(A))
PART XIV List of third countries from which Member States may authorise imports of hides and skins of ungulates (health certificate, Chapters 5(A), 5(B) and 5(C))
PART XV List of third countries from which Member States may authorise imports of game trophies (health certificate, Chapters 6(A) and 6(B))
PART XVI List of third countries from which Member States may authorise imports of egg products not intended for human consumption that could be used as feed material (health certificate, Chapter 15) Third countries listed in Part 1 of Annex II to Regulation (EU) No 206/2010, and third countries or parts of third countries from which Member States authorise imports of fresh poultry meat, which are listed in Part 1 of Annex I to Regulation (EC) No 798/2008. PART XVII List of third countries from which Member States may authorise imports of bones and bone products (excluding bone meal), horns and horn products (excluding horn meal) and hooves and hoof products (excluding hoof meal) intended for use other than as feed material, organic fertilisers or soil improvers (declaration, Chapter 16) Any third country. PART XVIII List of third countries from which Member States may authorise imports of horns and horn products (excluding horn meal) and hooves and hoof products, (excluding hoof meal) intended for the production of organic fertilizers or soil improvers (health certificate, Chapter 18) Any third country. |
(1) OJ L 154, 30.4.2004, p. 72.
(3) OJ L 320, 18.11.2006, p. 53.
(4) OJ L 226, 23.8.2008, p. 1.
(5) OJ L 39, 10.2.2009, p. 12.
(7) Petfood of fish origin only.
(8) Dogchews made from hides and skins of ungulates only.
(9) Processed petfood for ornamental fish only.
(10) Gelatine only.’