COMMISSION REGULATION (EU) …/…

of XXX

supplementing Regulation (EU) No 142/2011 as regards health requirements for the import of used cooking oil

(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 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 41(3) and Article 42(2)(b) and (d) thereof,

Whereas:

(1)Commission Regulation (EU) No 142/2011 2 lays down implementing measures for the public and animal health rules for animal by-products and derived products, in order to prevent and minimise risks to public and animal health arising from those products. Those measures include treatments and transport of those by-products and conditions for the placing on the market of imported animal by-products and derived products.

(2)To facilitate international trade in used cooking oil, the Commission is to set up harmonised requirements for their importation into the Union.

(3)Used cooking oil are catering waste as referred to in Article 2(2)(g)(iii) of Regulation (EC) No 1069/2009 when destined for processing by pressure sterilisation or for processing by methods referred to in point (b) of the first subparagraph of Article 15(1) or for transformation into biogas or for composting. They are also subject to the controls laid down in that Regulation when derived products or the side products of processing or transformation are to be used in the processing chain of animal by-products and derived products 

(4)Where used cooking oil, or any product derived from their processing, are intended for the operations subject to the provisions of Regulation (EC) No 1069/2009 as referred to in Article 2(2)(g) of that Regulation, the import, transport, treatment and the subsequent use of such used cooking oil are entirely regulated by Regulation (EC) No 1069/2009. Thus, official controls ought to be established throughout the processing chain for imported used cooking oil. The official registration or approval number assigned by the competent authority of the third country to the establishment or plant of dispatch, which constitutes the starting point in the processing chain, should be entered in the integrated computerised veterinary system (TRACES) introduced by Commission Decision 2004/292/EC 3 .

(5)Article 10(p) of Regulation (EC) No 1069/2009 applies to any used cooking oil referred to in point 22 of Annex I to Regulation (EU) No 142/2011 which consist of or contain materials of animal origin and which do not fall within the scope of Article 8(f) of Regulation (EC) No 1069/2009, i.e. catering waste from means of transport operating internationally. Used cooking oil not containing or not consisting of materials of animal origin are out of the scope of Regulation (EC) No 1069/2009.

(6)Imports of consignments of used cooking oil of Category 3 materials into the Union should be authorised from all third countries and be subject to the procedure referred to in Article 8(4) of Council Directive 97/78/EC 4 ("channelling").

(7)After 14 December 2019, the date of application of Regulation (EU) 2017/625 of the European Parliament and of the Council 5 , the channelling procedure will be set out in accordance with Article 77(2) of that Regulation.

(8)These controls should also apply where the used cooking oil are heated or melted in an approved plant carrying out intermediate activities, or temporarily stored in an approved intermediate storage plant before being consigned to the final destination in accordance with the conditions referred to in Article 8(4) of Directive 97/78/EC.

(9)Annex XIV to Regulation (EU) No 142/2011 should be amended accordingly.

(10)In order to reduce the administrative burden, the model for the declaration to accompany a consignment of used cooking oil from the place of origin to the border inspection post of entry should, where appropriate, contain a reference to a certified Proof of Sustainability as required by the Voluntary Schemes approved by the European Commission for compliance with the traceability requirements outlined in Article 18 of Directive 2009/28/EC of the European Parliament and of the Council 6 .

(11)It is opportune to provide for a deferred application of this Regulation in order to allow operators and competent authorities to align existing procedures with harmonised health requirements for the import of used cooking oil. 

(12)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

Annexes XIV and XV to Regulation (EU) No 142/2011 are amended in accordance with the Annex to this Regulation.

Article 2

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

It shall apply from [Date xx/xx/xxxx – 24 months after the entry into force of this Regulation].

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


ANNEX

Annexes XIV and XV to Regulation (EU) No 142/2011 are amended as follows:

(1)in Annex XIV, Chapter II is amended as follows:

(a)in Section 1 in Table 2, the following row is added:

No

Product

Raw materials(reference to provisions of Regulation (EC) No 1069/2009)

Import and transit conditions

Third countries list

Certificates / model documents

"21

Used cooking oil

Category 3 material referred to in Article 10(p).

The used cooking oil shall comply with the requirements set out in Section 13.

Any third country.

Annex XV, Chapter 22."

(b)the following Section 13 is added:

"Section 13

Imports of used cooking oil

1.Used cooking oil may be imported, provided that:

(a)they have undergone a physical separation from non-oil elements, including water and solid particles of more than 6 mm, to reach a combined amount of moisture and solid particles of not more than 10% w/w at the time of dispatch;

(b)following the veterinary checks provided for in Directive 97/78/EC they are forwarded in accordance with the conditions laid down in Article 8(4) of that Directive: 

(i)either directly to the plant of destination approved in accordance with Article 24(1)(a) of Regulation (EC) No 1069/2009 for the processing into biodiesel or renewable fuels; 

(ii)to a plant carrying out intermediate activities, approved for handling used cooking oil in accordance with Article 24(1)(h) of Regulation (EC) No 1069/2009; or

(iii)to a storage plant, approved for the storage of used cooking oil in accordance with Article 24(1)(i) of Regulation (EC) No 1069/2009.

In the case of intermediate activities as referred to in points (ii) and (iii), the consignment dispatched from the intermediate plant or storage plant to the final destination, the biodiesel or renewable fuels plant referred to in point (i), shall be accompanied by a commercial document referred to in point 6 of Chapter III of Annex VIII.

2.Each consignment of used cooking oil shall be accompanied by a declaration of the importer drawn up in accordance with the Model declaration set out in Chapter 22 of Annex XV, which must be at least in one of the official languages of the Member State in which the inspection at the border control post will be carried out and of the Member State of destination.

3.The operator responsible for the establishment or plant to which used cooking oil have been forwarded in accordance with point 1(b) shall retain a representative sample of each consignment of imported used cooking oil for two years and shall make it available for official controls on request of the competent authority during this period.

4.The operator responsible for the plant referred to in point 1(b)(i) shall maintain for two years records to document the on-site processing of all imported consignments of used cooking oil into biodiesel or renewable fuel and the disposal of any materials resulting from the processing."

(2)in Annex XV, the following Chapter 22 is added:

"CHAPTER 22

Model declaration

Declaration by the importer of used cooking oil intended for entry into(1)/ transit through (1) the European Union

COUNTRY:    

Part I: Details of dispatched consignment

I.1.    Consignor

   Name

   Address

   Tel.

I.2.    Declaration reference No

I.2.a.

I.3.    

I.4.    

I.5.    Consignee

   Name

   Address

   Country

   Tel.

I.6.    Person responsible for the load in EU

   Name

   Address

   Postcode

   Tel.

I.7.    Country of origin

ISO code

I.8.    Region of origin

Code

I.9.    Country of destination

ISO code

I.10. Region of destination    

Code

I.11.    Place of origin

   Name    Approval or register        number

   Address

   Country

I.12.    Place of destination

   Name    Approval number

   Address

   Postal code / Region

I.13.    Place of loading

Address

I.14.    Date of departure

I.15.    Means of transport

   Aeroplane    Ship    Railway wagon

   Road vehicle    Other

   Identification

   Document:

I.16.    Entry BIP in EU

I.17.    No of sustainability document 

I.18.    Description of commodity:

Used cooking oil

I.19.    Commodity code (HS code)

I.20.    Quantity

I.21.    Temperature of product

   Ambient

I.22.    Number of packages

I.23.    Seal/Container No

I.24.    Type of packaging

I.25.    Commodities destined for:

   Further process into biodiesel or renewable fuels

I.26.    For transit through EU to third country        

Third country    ISO code

I.27.    For import or admission into EU    

   

I.28.    Identification of the commodities

   Nature of commodity

Used cooking oil in accordance with Article 10(p) of Regulation (EC) No 1069/2009 intended for processing    Net weight

   Net weight

COUNTRY                        Used cooking oil

II.Health information

II.a.Declaration reference No

II.b.

DECLARATION

I, the undersigned, declare that

1.I am aware that the feeding of used cooking oil to farmed animals is prohibited in accordance with Article 11(1)(b) of Regulation (EC) No 1069/2009.

2.The used cooking oil of this consignment were filtered before shipment, or have undergone a physical separation from non-oil elements, including water and solid particles of more than 6 mm, to reach a combined amount of moisture and solid particles of not more than 10% w/w: (indicate treatment):

______________________________________________________________________

______________________________________________________________________;

3.Arrangements have been made that this consignment of used cooking oil will be forwarded in accordance with the conditions laid down in Article 8(4) of Directive 97/78/EC from the border control post of entry into the European Union

(1)either    [directly to the plant at the place of destination approved in accordance with Article 24(1)(a) of Regulation (EC) No 1069/2009 for processing into biodiesel or renewable fuels.]

(1)or    [to the plant at the place of destination approved in accordance with Article 24(1)(a) of Regulation (EC) No 1069/2009 for processing into biodiesel or renewable fuels after passing through

(1)either    [a plant carrying out intermediate activities, approved in accordance with Article 24(1)(h) of Regulation (EC) No 1069/2009 for the handling of used cooking oil.]]

(1)and/or    [a storage plant approved in accordance with Article 24(1)(i) of Regulation (EC) No 1069/2009 for the storage of used cooking oil.]]

(1)or    [a plant carrying intermediate activities and storage approved in accordance with points (h) and (i) of Article 24(1) of Regulation (EC) No 1069/2009 respectively for the handling and the storage of used cooking oil.]]

Notes:

This declaration is only for veterinary purposes and has to accompany the consignment until it reaches the border inspection post and must be issued in at least one official language of the Member State through which the consignment first enters the Union and in at least one official language of the Member State of destination.

Part I:

●    Box reference I.11 & I.12:    Approval number: the official number of the establishment or plant, which has been assigned by the competent authority.

●    Box reference I.17:    a reference to a certified Proof of Sustainability in accordance with Directive 2015/1513. 

●    Box reference I.19:    Use the appropriate HS code: 1518 00 95 or 3825 10 00.

●    Box reference I.20:    Quantity: indicate the total gross and net weight in kg.

Part II:

(1)Delete as appropriate.

(2)The signature must be in colour different to that of the printing.

Part II: Declaration

The importer

   Name (in capital letters):    Address:

   Date:    Signature:

   Place:

"