COMMISSION REGULATION (EU) …/…

of XXX

amending Regulation (EU) No 142/2011 as regards 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), first and third subparagraphs, and Article 42(2), points (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 implementing measures concern all elements of the animal by-product chain from manufacture through to end use or disposal including collection, handling and transport of animal by-products, as well as conditions for the placing on the market of imported animal by-products and derived products.

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

(3)Used cooking oil is considered catering waste to which Regulation (EC) No 1069/2009 applies, as provided for in Article 2(2), point (g)(iii), of that Regulation, when it is destined for processing by pressure sterilisation or for processing by methods referred to in Article 15(1), first subparagraph, point (b), of that Regulation or for transformation into biogas or for composting. Where used cooking oil or any product derived therefrom is intended for the operations subject to Regulation (EC) No 1069/2009 as referred to in Article 2(2), point (g)(iii), of that Regulation, the import, transport, treatment and the subsequent use of such used cooking oil are governed by that Regulation.

(4)Used cooking oil, other than catering waste originating from means of transport operating internationally, is Category 3 material pursuant to Article 10, point (p), of Regulation (EC) No 1069/2009Used cooking oil not containing or not consisting of materials of animal origin does not fall within the scope of Regulation (EC) No 1069/2009.

(5)Used cooking oil is an oil and a fatty fraction of catering waste. A definition of used cooking oil should be added in Annex I to Regulation (EU) No 142/2011 to clarify the scope of the requirements provided for the used cooking oil in this Regulation.

(6)Used cooking oil is a starting material for the production of renewable fuels, biodiesel or oleochemical products. To prevent and minimise risks to public and animal health posed by used cooking oil animal health requirement for imports of used cooking oil should be set out, including a list of third countries, a model declaration to accompany a consignment of imported used cooking oil at the time of official controls on the consignment at border control posts of entry into the Union and the origin of used cooking oil.

(7)To prevent entry of used cooking oil in the feed chain for farmed animals, consignments of used cooking oil imported from third countries,  unless used cooking oil is moved by a closed conveyer system should be subject to the conditions for monitoring the transport and arrival of consignments of certain goods from the border control post of arrival to the establishment at the place of destination in the Union referred to in Commission Delegated Regulation (EU) 2019/1666 3 .

(8)Those controls should also apply where the used cooking oil is 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 Delegated Regulation (EU) 2019/1666, unless used cooking oil is moved by a closed conveyer system.

(9)To harmonise the import requirements for used cooking oil, a new model declaration should be introduced in Annex XV to Regulation (EU) No 142/2011 to accompany consignments of used cooking oil at the time of official controls on the consignment at border control posts of entry into the Union. 

(10)Therefore, Regulation (EU) No 142/2011 should be amended accordingly.

(11)It is appropriate to provide the operators and competent authorities with sufficient time to align existing procedures with harmonised requirements for the import of used cooking oil set out in this Regulation. Therefore, this Regulation should apply from …[24 months from the date of the entry into force of this Regulation]. 

(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 I, 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 … [24 months from the date of 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

   Ursula VON DER LEYEN


ANNEX

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

(1)in Annex I, the following point is added:

‘62.‘used cooking oil’ means an oil fraction of catering waste Category 3 material referred to in Article 10, point (p)

(2)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’ lists

Certificates / model documents

‘21

Used cooking oil

Category 3 material referred to in Article 10, point (p)), as defined in Annex 1 point 62.

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 is added:

‘Section 13

Imports of used cooking oil

Used cooking oil of Category 3 material referred to in Article 10, point (p) may be imported provided that a consignment complies with the following requirements:

(a)it originates from an approved or registered establishment or plant in a third country;

(b)following the official controls on the consignment laid down in Article 49(1) of Regulation (EU) 2017/625, the consignment is transported and monitored, unless is moved by a closed conveyer system, which may not be by-passed provided such a system has been authorised by the competent authority, in accordance with Delegated Regulation (EU) 2019/1666 to the plant of destination:

(i)approved for the processing into biodiesel or renewable fuels in accordance with Article 24(1), point (a), of Regulation (EC) No 1069/2009;

(ii)approved for handling used cooking oil in accordance with Article 24(1), point (h), of Regulation (EC) No 1069/2009;

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

(iv) registered for oleochemical activities in accordance with Article 23(1), point (a), of Regulation (EC) No 1069/2009;

(v) approved for use of animal by-products and derived products as fuel for combustion in accordance with Article 24(1), point (d), of Regulation (EC) No 1069/2009.

(c)it has 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;

(d)is accompanied by a declaration of the importer drawn up in accordance with the Model declaration set out in Chapter 22 of Annex XV in at least one of the official languages of the Member State in which the official control at the border control post will be carried out, as well as in at least one of the official languages of the Member State of destination.

*____

% w/w: percentage weight/weight, a concentration expressed as the weight of a solute dissolved in a given weight of solution.’;

(3)in Annex XV, the following chapter is added:

‘CHAPTER 22

Model declaration

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

COUNTRY

certificate to the EU

Part I: Description of consignment

I.1

Consignor/Exporter

 

I.2

Certificate reference

I.2a

IMSOC reference

Name

Address

I.3

Central Competent Authority

QR CODE

Country

ISO country code

I.4

Local Competent Authority

I.5

Consignee/Importer

I.6

Operator responsible for the consignment

Name

Name

Address

Address

Country

ISO country code

Country

ISO country code

I.7

Country of origin

ISO country code

I.9

Country of destination

ISO country code

I.8

Region of origin

Code

I.10

Region of destination

Code

I.11

Place of dispatch

I.12

Place of destination

Name

Registration/Approval No

Name

Registration/Approval No

Address

Address

Country

ISO country code

Country

ISO country code

I.13

Place of loading

I.14

Date and time of departure

I.15

Means of transport

I.16

Entry Border Control Post

 Aircraft

 Vessel

I.17

Accompanying documents

 Railway

 Road vehicle

Type

Code

Identification

Country

ISO country code

Commercial document reference

I.18

Transport conditions

 Ambient

 Chilled

 Frozen

I.19

Container number/Seal number

Container No

Seal No

I.20

Certified as or for

 Technical use

I.21

For transit

I.22

For internal market

Third country

ISO country code

I.23

For re-entry

I.24

Total number of packages

I.25

Total quantity

I.26

Total net weight/gross weight (kg)

I.27

Description of consignment

CN code

Subspecies/Category

Identification system

Identification number

Quantity

Type

Identification mark

Type of packaging

Net weight

Treatment type

Nature of commodity

Number of packages

Batch No

 Final consumer

Date of collection/production

Manufacturing plant

Approval or registration number of plant/establishment/centre

Test

COUNTRY

Certificate model

Part II: Certification

II. Health information

II.a

Certificate reference

II.b

IMSOC reference

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), point (b), of Regulation (EC) No 1069/2009.

2.The used cooking oil of Category 3 material referred to in Article 10, point (p) of this consignment was filtered before shipment, or has 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 to ensure that this consignment of used cooking oil will be transported and monitored in accordance with Commission Delegated Regulation (EU) 2019/1666 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), point (a), of Regulation (EC) No 1069/2009 for processing into biodiesel or renewable fuels.]

(1)or    [directly to a plant carrying oleochemical activities, registered in accordance with Article 23(1), point (a), of Regulation (EC) No 1069/2009.]]

(1)or    [to the plant at the place of destination approved in accordance with Article 24(1), point (a), of Regulation (EC) No 1069/2009 for processing into biodiesel or renewable fuels or registered in accordance with Article 23(1), point (a), of Regulation (EC) No 1069/2009 for oleochemical after passing through

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

(1)or    [a combustion plant approved for use of animal by-products and derived products as fuel for combustion in accordance with Article 24(1), point (d), of Regulation (EC) No 1069/2009.]]

Notes:

This declaration is only for veterinary purposes and has to accompany the consignment until it reaches the border control 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.27:    CN code(3): 1518 00 95 or 3825 10 00.

       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.

(3)CN Code referred to in Commission Implementing Regulation (EU) 2021/632 of 13 April 2021 laying down rules for the application of Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the lists of animals, products of animal origin, germinal products, animal by-products and derived products, composite products, and hay and straw subject to official controls at border control posts, and repealing Commission Implementing Regulation (EU) 2019/2007 and Commission Decision 2007/275/EC (OJ L 132, 19.4.2021, p. 24, ELI http://data.europa.eu/eli/reg_impl/2021/632/oj).

The importer

Name (in capital letters)

Date

Address

Place

Signature

’.