Animal by-products not intended for human consumption

 

SUMMARY OF:

Regulation (EC) No 1069/2009 laying down health rules as regards animal by-products and derived products not intended for human consumption

WHAT IS THE AIM OF THE REGULATION?

• It seeks to lay down public health and animal health rules for animal by-products* and derived products* in the European Union (EU).
• These rules are designed to prevent and minimise risks to human and animal health, and to ensure the food and feed chain is kept safe.

KEY POINTS

• The legislation applies to:
  • animal by-products and derived products which, by law, may not be used for human consumption;
  • animal-origin products which may be used for human consumption but are instead used for other purposes;
  • raw materials of animal origin used to manufacture animal-origin products not intended for human consumption.
• Producers of animal by-products and derived products must ensure they comply with the legislation from the start to the end of the manufacturing chain.
  • They must keep a record of the products they dispatch, transport or receive, along with the required documentation.
  • They must inform national authorities of the products and premises they use during the manufacturing chain. The latter must meet certain hygiene standards and require formal approval.
• EU Member States operate official checks to ensure producers collect, identify and transport animal by-products without delay and treat, use or dispose of them according to the rules.
• Derived products, such as cosmetics, medical devices and veterinary medicines, which comply with other pieces of EU legislation (Regulation (EC) No 1223/2009, Regulation (EU) 2017/745 and Regulation (EU) 2019/6, respectively) may be offered for sale when they reach the end of the manufacturing chain.
• Animal by-products are graded in three categories depending on the level of health risk they pose to the public or animals. These determine how they should be disposed of or recovered.
• Restrictions exist on the use of animal by-products and derived products. For instance, they may not be used to feed animals or farmed fish of the same species.
• Imports of both animal by-products and derived products must satisfy EU standards.
• A ban exists on the export of both animal by-products and derived products for incineration or landfill, or to countries which are not members of the Organisation for Economic Co-operation and Development for use in a biogas or composting plant.
• The definitions in the regulation were aligned with those used in Regulation (EU) 2017/625 (the ‘official controls regulation’), which lays down the rules on checks carried out along the agri-food chain. Regulation (EU) 2017/625 also ensures that animal by-products and derived products, previously not covered by the EU’s official controls legislation, now fall within its scope.
• An amendment introduced under Regulation (EU) 2019/1009, which lays down EU rules on fertilisers, enables derived products no longer posing significant risks to animal health to move freely on the EU market as fertilising products.
• A further amendment, a delegated act adopted by the European Commission, supplements Regulation (EC) No 1069/2009: Delegated Regulation (EU) 2023/1605. The act determines end points in the manufacturing chain for organic fertilisers and soil improvers manufactured in the EU beyond which they are no longer subject to the requirements 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.

Implementing act

An implementing act, Regulation (EU) No 142/2011, sets out implementing measures in relation to Regulation (EC) No 1069/2009. Amended on a number of occasions, it lays down detailed rules on the disposal and use of animal by-products and derived products.

FROM WHEN DOES THE REGULATION APPLY?

Regulation (EC) No 1069/2009 has applied since 4 March 2011.

The changes introduced by amending Regulation (EU) 2019/1009 have applied since 15 July 2019.

The changes introduced by amending Regulation (EU) 2023/1605 have applied since 28 August 2023.

BACKGROUND

For further information, see:

• Animal by-products: EU rules (European Commission).

KEY TERMS

MAIN DOCUMENT

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, pp. 1–33).

The successive amendments to Regulation (EC) No 1069/2009 have been incorporated into the original text. This consolidated version is of documentary value only.

RELATED DOCUMENTS

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, pp. 1–5).

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, pp. 1–114).

See consolidated version.

Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC (OJ L 4, 7.1.2019, pp. 43–167).

See consolidated version.

Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (OJ L 117, 5.5.2017, pp. 1–175).

See consolidated version.

Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (OJ L 95, 7.4.2017, pp. 1–142).

See consolidated version.

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, pp. 1–254).

See consolidated version.

Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (recast) (OJ L 342, 22.12.2009, pp. 59–209).

See consolidated version.

last update 19.09.2023