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Regulation (EC) No 1069/2009 of the European Parliament and of the CouncilShow full title

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)

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TITLE IU.K.GENERAL PROVISIONS

CHAPTER IU.K.Common provisions

Section 1U.K.Subject matter, scope and definitions

Article 1U.K.Subject matter

This Regulation lays down public health 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, and in particular to protect the safety of the food and feed chain.

Article 2U.K.Scope

1.This Regulation shall apply to:

(a)animal by-products and derived products which are excluded from human consumption under [F1retained EU law]; and

(b)the following products which pursuant to a decision by an operator, which shall be irreversible, are destined for purposes other than human consumption:

(i)

products of animal origin which may be destined for human consumption under [F1retained EU law];

(ii)

raw materials for the production of products of animal origin.

2.This Regulation shall not apply to the following animal by-products:

(a)entire bodies or parts of wild animals, other than wild game, which are not suspected of being infected or affected with a disease communicable to humans or animals, except for aquatic animals landed for commercial purposes;

(b)entire bodies or parts of wild game which are not collected after killing, in accordance with good hunting practice, without prejudice to Regulation (EC) No 853/2004;

(c)animal by-products from wild game and from wild game meat referred to in Article 1(3)(e) of Regulation (EC) No 853/2004;

(d)oocytes, embryos and semen destined for breeding purposes;

(e)raw milk, colostrum and products derived therefrom which are obtained, kept, disposed of or used on the farm of origin;

(f)shells from shellfish with the soft tissue and flesh removed;

(g)catering waste, except if it:

(i)

originates from means of transport operating [F2outside the British Islands];

(ii)

is destined for feeding purposes;

(iii)

is 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;

(h)F3... material from vessels complying with Regulations (EC) No 852/2004 and (EC) No 853/2004, which has arisen in the course of their fishing operations and is disposed of at sea, except material derived from on-board evisceration of fish showing signs of disease, including parasites, that are communicable to humans;

(i)raw pet food originating from retail shops, where the cutting and storage are performed solely for the purpose of supplying the consumer directly on the spot;

(j)raw pet food derived from animals which are slaughtered on the farm of origin for private domestic consumption; and

(k)excrement and urine other than manure and non-mineralised guano.

F43.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 3U.K.Definitions

For the purposes of this Regulation, the following definitions shall apply:

1.

‘animal by-products’ means entire bodies or parts of animals, products of animal origin or other products obtained from animals, which are not intended for human consumption, including oocytes, embryos and semen;

2.

‘derived products’ means products obtained from one or more treatments, transformations or steps of processing of animal by-products;

3.

‘products of animal origin’ means products of animal origin as defined in point 8.1 of Annex I to Regulation (EC) No 853/2004;

4.

‘carcase’ means carcase as defined in point 1.9 of Annex I to Regulation (EC) No 853/2004;

5.

‘animal’ means any invertebrate or vertebrate animal;

6.

‘farmed animal’ means:

(a)

any animal that is kept, fattened or bred by humans and used for the production of food, wool, fur, feathers, hides and skins or any other product obtained from animals or for other farming purposes;

(b)

equidae;

7.

‘wild animal’ means any animal not kept by humans;

8.

‘pet animal’ means any animal belonging to species normally nourished and kept but not consumed, by humans for purposes other than farming;

9.

‘aquatic animals’ means aquatic animals as defined in Article 3(1)(e) of Directive 2006/88/EC;

10.

‘[F5competent authority’ means competent authorities as defined in point (3) of Article 3 of Regulation [X1(EU) 2017/625] of the European Parliament and of the Council (1);]

11.

‘operator’ means the natural or legal persons having an animal by-product or derived product under their actual control, including carriers, traders and users;

12.

‘user’ means the natural or legal persons using animal by-products and derived products for special feeding purposes, for research or for other specific purposes;

13.

‘establishment’ or ‘plant’ means any place where any operation involving the handling of animal by-products or derived products is carried out, other than a fishing vessel;

14.

‘placing on the market’ means any operation the purpose of which is to sell animal by-products or derived products to a third party in [F6Great Britain] or any other form of supply against payment or free of charge to such a third party or storage with a view to supply to such a third party;

15.

‘[F5transit’ means transit as defined in Article 3(44) of Regulation [X1(EU) 2017/625];]

16.

‘export’ means movement from [F7Great Britain] to a third country;

17.

‘transmissible spongiform encephalopathies (TSEs)’ means all transmissible spongiform encephalopathies as defined in Article 3(1)(a) of Regulation (EC) No 999/2001;

18.

‘specified risk material’ means specified risk material as defined in Article 3(1)(g) of Regulation (EC) No 999/2001;

19.

‘pressure sterilisation’ means the processing of animal by-products, after reduction in particle size to not more than 50 mm, to a core temperature of more than 133 °C for at least 20 minutes without interruption at an absolute pressure of at least 3 bar;

20.

‘manure’ means any excrement and/or urine of farmed animals other than farmed fish, with or without litter;

21.

‘authorised landfill’ means a landfill for which a permit has been issued in accordance with [F8the Environmental Permitting (England and Wales) Regulations 2016 or the Pollution Prevention and Control (Scotland) Regulations 2012];

22.

‘organic fertiliser’ and ‘soil improver’ means materials of animal origin used to maintain or improve plant nutrition and the physical and chemical properties and biological activities of soils, either separately or together; they may include manure, non-mineralised guano, digestive tract content, compost and digestion residues;

23.

‘remote area’ means an area where the animal population is so small, and where disposal establishments or plants are so far away that the arrangements necessary for the collection and transport of animal by-products would be unacceptably onerous compared to local disposal;

24.

‘food’ or ‘foodstuff’ means food or foodstuff as defined in Article 2 of Regulation (EC) No 178/2002;

25.

‘feed’ or ‘feedingstuff’ means feed or feedingstuff as defined in Article 3(4) of Regulation (EC) No 178/2002;

26.

‘centrifuge or separator sludge’ means material collected as a by-product after purification of raw milk and separation of skimmed milk and cream from raw milk;

27.

‘waste’ means waste as defined in point 1 of Article 3 of Directive 2008/98/EC;

28.

[F9‘constituent nation’ means England, Wales or Scotland;]

29.

[F9‘third country’ means a country or territory other than the British Islands;]

30.

[F9‘the Implementing Regulation’ means Commission Regulation (EU) No 142/2011 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;]

31.

[F9‘the Official Controls Regulation’ means Regulation (EU) 2017/625 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;]

32.

[F9‘the England Trade Regulations’ means the Trade in Animals and Related Products Regulations 2011;]

33.

[F9‘the Wales Trade Regulations’ means the Trade in Animals and Related Products (Wales) Regulations;]

34.

[F9‘the Scotland Trade Regulations’ means the Trade in Animals and Related Products (Scotland) Regulations.]

Editorial Information

Textual Amendments

[F10Article 3aU.K.Definition: appropriate authority

1)In this Regulation “the appropriate authority” means—

(a)in relation to England, the Secretary of State;

(b)in relation to Wales, the Welsh Ministers;

(c)in relation to Scotland, the Scottish Ministers.

2)But the appropriate authority is the Secretary of State if consent is given by—

(a)in relation to Wales, the Welsh Ministers;

(b)in relation to Scotland, the Scottish Ministers.]

Textual Amendments

Section 2U.K.Obligations

Article 4U.K.Starting point in the manufacturing chain and obligations

1.As soon as operators generate animal by-products or derived products falling within the scope of this Regulation, they shall identify them and ensure that they are dealt with in accordance with this Regulation (starting point).

2.Operators shall ensure at all stages of collection, transport, handling, treatment, transformation, processing, storage, placing on the market, distribution, use and disposal within the businesses under their control that animal by-products and derived products satisfy the requirements of this Regulation which are relevant to their activities.

3.[F11The appropriate authority] shall monitor and verify that the relevant requirements of this Regulation are fulfilled by operators along the entire chain of animal by-products and derived products as referred to in paragraph 2. For that purpose, they shall maintain a system of official controls in accordance with relevant [F1retained EU law].

4.[F12The appropriate authority] shall ensure that an adequate system is in place on their territory ensuring that animal by-products are:

(a)collected, identified and transported without undue delay; and

(b)treated, used or disposed of in accordance with this Regulation.

5.[F13The appropriate authority] may fulfil their obligations under paragraph 4 in cooperation with other [F14appropriate authorities] or third countries.

Textual Amendments

Article 5U.K.End point in the manufacturing chain

1.Derived products referred to in Article 33 which have reached the stage of manufacturing regulated by the F15... legislation referred to in [F16Article 34(1)] shall be regarded as having reached the end point in the manufacturing chain, beyond which they are no longer subject to the requirements of this Regulation.

Those derived products may subsequently be placed on the market without restrictions under this Regulation and shall no longer be subject to official controls in accordance with this Regulation.

[F17For the purposes of this paragraph, the appropriate authority may, by regulations, change the point at which the following products are to be regarded as having reached the end point in the manufacturing chain]:

(a)F18... products referred to in Article 33(a) to (d), in case of risks to animal health;

(b)F18... products referred to in Article 33(e) and (f), in case of risks to public or animal health.

F19...

[F202.For derived products referred to in Articles 32, 35 and 36 which no longer pose any significant risk to public or animal health, [F21the appropriate authority may, by regulations, determine the point at which they are to be regarded as having reached] an end point in the manufacturing chain F22..., beyond which they are no longer subject to the requirements of this Regulation.

Those derived products may subsequently be placed on the market without restrictions under this Regulation and shall no longer be subject to official controls in accordance with this Regulation.

F23...

3.In the event of risks to public or animal health, Articles 53 and 54 of Regulation (EC) No 178/2002 concerning emergency health measures shall apply mutatis mutandis to the derived products referred to in Articles 32, 33 and 36 of this Regulation.

F24 4.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

Section 3U.K.Animal health restrictions

Article 6U.K.General animal health restrictions

1.Animal by-products and derived products from susceptible species shall not be dispatched from holdings, establishments, plants or zones which are subject to restrictions:

(a)pursuant to [F25veterinary legislation forming part of retained EU law]; or

(b)due to the presence of a serious transmissible disease:

(i)

listed in Annex I to Directive 92/119/EEC; or

(ii)

[F26provided for by Article 4 of the Implementing Regulation; or

(iii)

laid down in regulations made by the appropriate authority under the second subparagraph.]

[F27The appropriate authority may, by regulations, impose restrictions prohibiting animal by-products and derived products from susceptible species from being dispatched from a holding, establishment, plant or zone specified in the regulations.]

2.Paragraph 1 shall not apply where animal by-products and derived products are dispatched under conditions designed to prevent the spread of diseases transmissible to humans or animals [F28as laid down in regulations made by the appropriate authority under the second subparagraph].

[F29Where the appropriate authority considers it necessary or expedient to impose conditions to prevent the spread of a disease that is transmissible from animals to humans, the appropriate authority may, by regulations, impose conditions that must be complied with when animal by-products and derived products from susceptible species are being dispatched from a holding, establishment, plant or zone.]

Textual Amendments

Section 4U.K.Categorisation

Article 7U.K.Categorisation of animal by-products and derived products

1.Animal by-products shall be categorised into specific categories which reflect the level of risk to public and animal health arising from those animal by-products, in accordance with the lists laid down in Articles 8, 9 and 10.

2.Derived products shall be subject to the rules for the specific category of animal by-products from which they have been derived, unless otherwise specified in this Regulation, or provided for in [F30regulations made by the appropriate authority] which may specify the conditions under which derived products are not subject to those rules F31....

3.[F32The appropriate authority may, by regulations, amend Articles 8, 9 and 10] in order to take into account scientific progress as regards the assessment of the level of risk, provided such progress can be identified on the basis of a risk assessment carried out by the appropriate scientific institution. However, no animal by-products listed in those Articles may be removed from those lists, only changes of categorisation or additions may be made.

F334.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 8U.K.Category 1 material

Category 1 material shall comprise the following animal by-products:

(a)

entire bodies and all body parts, including hides and skins, of the following animals:

(i)

animals suspected of being infected by a TSE in accordance with Regulation (EC) No 999/2001 or in which the presence of a TSE has been officially confirmed;

(ii)

animals killed in the context of TSE eradication measures;

(iii)

animals other than farmed and wild animals, including in particular pet animals, zoo animals and circus animals;

(iv)

[F34animals used in a procedure or procedures defined in Article 3 of Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes (2), in cases where the competent authority decides that such animals or any of their body parts have the potential to pose serious health risks to humans or to other animals, as a result of that procedure or those procedures without prejudice to Article 3(2) of Regulation (EC) No 1831/2003;]

(v)

wild animals, when suspected of being infected with diseases communicable to humans or animals;

(b)

the following material:

(i)

specified risk material;

(ii)

entire bodies or parts of dead animals containing specified risk material at the time of disposal;

(c)

animal by-products derived from animals which have been submitted to illegal treatment as defined in Article 1(2)(d) of Directive 96/22/EC F35... [F36reading that Article as if for references to “Community legislation” there were substituted references to “retained EU law”];

(d)

animal by-products containing residues of other substances and environmental contaminants listed in Group B(3) of Annex I to Directive 96/23/EC, if such residues exceed the permitted level laid down by [F1retained EU law] or, in the absence thereof, by [F37other] national legislation;

(e)

animal by-products collected during the treatment of waste water required by implementing rules adopted under point (c) of the first paragraph of Article 27:

(i)

from establishments or plants processing Category 1 material; or

(ii)

from other establishments or plants where specified risk material is being removed;

(f)

catering waste from means of transport operating [F38outside the British Islands];

(g)

mixtures of Category 1 material with either Category 2 material or Category 3 material or both.

Textual Amendments

Article 9U.K.Category 2 material

Category 2 material shall comprise the following animal by-products:

(a)

manure, non-mineralised guano and digestive tract content;

(b)

animal by-products collected during the treatment of waste water required by implementing rules adopted under point (c) of the first paragraph of Article 27:

(i)

from establishments or plants processing Category 2 material; or

(ii)

from slaughterhouses other than those covered by Article 8(e);

(c)

animal by-products containing residues of authorised substances or contaminants exceeding the permitted levels [F39set by retained EU law or, in the absence thereof, by other national legislation];

(d)

products of animal origin which have been declared unfit for human consumption due to the presence of foreign bodies in those products;

(e)

products of animal origin, other than Category 1 material, that are:

(i)

imported or introduced from a third country and fail to comply with [F40veterinary legislation forming part of retained EU law] for their import or introduction into [F41Great Britain] except where [F1retained EU law] allows their import or introduction subject to specific restrictions or their return to the third country; F42...

(ii)

F43...

(f)

animals and parts of animals, other than those referred to in Article 8 or Article 10,

(i)

that died other than by being slaughtered or killed for human consumption, including animals killed for disease control purposes;

(ii)

foetuses;

(iii)

oocytes, embryos and semen which are not destined for breeding purposes; and

(iv)

dead-in-shell poultry;

(g)

mixtures of Category 2 material with Category 3 material;

(h)

animal by-products other than Category 1 material or Category 3 material.

Textual Amendments

Article 10U.K.Category 3 material

Category 3 material shall comprise the following animal by-products:

(a)

carcases and parts of animals slaughtered or, in the case of game, bodies or parts of animals killed, and which are fit for human consumption in accordance with [F1retained EU law], but are not intended for human consumption for commercial reasons;

(b)

carcases and the following parts originating either from animals that have been slaughtered in a slaughterhouse and were considered fit for slaughter for human consumption following an ante-mortem inspection or bodies and the following parts of animals from game killed for human consumption in accordance with [F1retained EU law]:

(i)

carcases or bodies and parts of animals which are rejected as unfit for human consumption in accordance with [F1retained EU law], but which did not show any signs of disease communicable to humans or animals;

(ii)

heads of poultry;

(iii)

hides and skins, including trimmings and splitting thereof, horns and feet, including the phalanges and the carpus and metacarpus bones, tarsus and metatarsus bones, of:

  • animals, other than ruminants requiring TSE testing, and

  • ruminants which have been tested with a negative result in accordance with Article 6(1) of Regulation (EC) No 999/2001;

(iv)

pig bristles;

(v)

feathers;

(c)

animal by-products from poultry and lagomorphs slaughtered on the farm as referred to in Article 1(3)(d) of Regulation (EC) No 853/2004, which did not show any signs of disease communicable to humans or animals;

(d)

blood of animals which did not show any signs of disease communicable through blood to humans or animals obtained from the following animals that have been slaughtered in a slaughterhouse after having been considered fit for slaughter for human consumption following an ante-mortem inspection in accordance with [F1retained EU law]:

(i)

animals other than ruminants requiring TSE testing; and

(ii)

ruminants which have been tested with a negative result in accordance with Article 6(1) of Regulation (EC) No 999/2001;

(e)

animal by-products arising from the production of products intended for human consumption, including degreased bones, greaves and centrifuge or separator sludge from milk processing;

(f)

products of animal origin, or foodstuffs containing products of animal origin, which are no longer intended for human consumption for commercial reasons or due to problems of manufacturing or packaging defects or other defects from which no risk to public or animal health arise;

(g)

petfood and feedingstuffs of animal origin, or feedingstuffs containing animal by-products or derived products, which are no longer intended for feeding for commercial reasons or due to problems of manufacturing or packaging defects or other defects from which no risk to public or animal health arises;

(h)

blood, placenta, wool, feathers, hair, horns, hoof cuts and raw milk originating from live animals that did not show any signs of disease communicable through that product to humans or animals;

(i)

aquatic animals, and parts of such animals, except sea mammals, which did not show any signs of disease communicable to humans or animals;

(j)

animal by-products from aquatic animals originating from establishments or plants manufacturing products for human consumption;

(k)

the following material originating from animals which did not show any signs of disease communicable through that material to humans or animals:

(i)

shells from shellfish with soft tissue or flesh;

(ii)

the following originating from terrestrial animals:

  • hatchery by-products,

  • eggs,

  • egg by-products, including egg shells,

(iii)

day-old chicks killed for commercial reasons;

(l)

aquatic and terrestrial invertebrates other than species pathogenic to humans or animals;

(m)

animals and parts thereof of the zoological orders of Rodentia and Lagomorpha, except Category 1 material as referred to in Article 8(a)(iii), (iv) and (v) and Category 2 material as referred to in Article 9(a) to (g);

(n)

hides and skins, hooves, feathers, wool, horns, hair and fur originating from dead animals that did not show any signs of disease communicable through that product to humans or animals, other than those referred to in point (b) of this Article;

(o)

adipose tissue from animals which did not show any signs of disease communicable through that material to humans or animals, which were slaughtered in a slaughterhouse and which were considered fit for slaughter for human consumption following an ante-mortem inspection in accordance with [F1retained EU law];

(p)

catering waste other than as referred to in Article 8(f).

Textual Amendments

CHAPTER IIU.K.Disposal and use of animal by-products and derived products

Section 1U.K.Restrictions on use

Article 11U.K.Restrictions on use

1.The following uses of animal by-products and derived products shall be prohibited:

(a)the feeding of terrestrial animals of a given species other than fur animals with processed animal protein derived from the bodies or parts of bodies of animals of the same species;

(b)the feeding of farmed animals other than fur animals with catering waste or feed material containing or derived from catering waste;

(c)the feeding of farmed animals with herbage, either directly by grazing or by feeding with cut herbage, from land to which organic fertilisers or soil improvers, other than manure, have been applied unless the cutting or grazing takes place after the expiry of a waiting period which ensures adequate control of risks to public and animal health and is at least 21 days; and

(d)the feeding of farmed fish with processed animal protein derived from the bodies or parts of bodies of farmed fish of the same species.

2.[F44The appropriate authority may, by regulations, lay down measures relating to the following matters]:

(a)the checks and controls to be carried out to ensure the application of the prohibitions referred to in paragraph 1, including detection methods and tests to be used to verify the presence of materials originating from certain species and thresholds for insignificant amounts of processed animal proteins referred to in points (a) and (d) of paragraph 1 which are caused by adventitious and technically unavoidable contamination; [F45and]

(b)F46... F47...

(c)the conditions for the feeding of farmed animals with herbage from land to which organic fertilisers or soil improvers have been applied, in particular a modification of the waiting period as referred to in paragraph 1(c).

F48...

Textual Amendments

Section 2U.K.Disposal and use

Article 12U.K.Disposal and use of Category 1 material

Category 1 material shall be:

(a)

disposed of as waste by incineration:

(i)

directly without prior processing; or

(ii)

following processing, by pressure sterilisation if the competent authority so requires, and permanent marking of the resulting material;

(b)

recovered or disposed of by co-incineration, if the Category 1 material is waste:

(i)

directly without prior processing; or

(ii)

following processing, by pressure sterilisation if the competent authority so requires, and permanent marking of the resulting material;

(c)

in the case of Category 1 material other than material referred to in Article 8(a)(i) and (ii), disposed of by processing by pressure sterilisation, permanent marking of the resulting material and burial in an authorised landfill;

(d)

in the case of Category 1 material referred to in Article 8(f), disposed of by burial in an authorised landfill;

(e)

used as a fuel for combustion with or without prior processing; or

(f)

used for the manufacture of derived products referred to in Articles 33, 34 and 36 and placed on the market in accordance with those Articles.

Article 13U.K.Disposal and use of Category 2 material

Category 2 material shall be:

(a)

disposed of as waste by incineration:

(i)

directly without prior processing; or

(ii)

following processing, by pressure sterilisation if the competent authority so requires, and permanent marking of the resulting material;

(b)

recovered or disposed of by co-incineration, if the Category 2 material is waste:

(i)

directly without prior processing; or

(ii)

following processing, by pressure sterilisation if the competent authority so requires, and permanent marking of the resulting material;

(c)

disposed of in an authorised landfill, following processing by pressure sterilisation and permanent marking of the resulting material;

(d)

used for the manufacturing of organic fertilisers or soil improvers to be placed on the market in accordance with Article 32 following processing by pressure sterilisation, when applicable, and permanent marking of the resulting material;

(e)

composted or transformed into biogas:

(i)

following processing by pressure sterilisation and permanent marking of the resulting material; or

(ii)

in the case of manure, digestive tract and its content, milk, milk-based products, colostrum, eggs and egg products which the competent authority does not consider to present a risk for the spread of any serious transmissible disease, following or without prior processing;

(f)

applied to land without processing, in the case of manure, digestive tract content separated from the digestive tract, milk, milk-based products and colostrum which the competent authority does not consider to present a risk for the spread of any serious transmissible disease;

(g)

in the case of material originating from aquatic animals, ensiled, composted or transformed into biogas;

(h)

used as a fuel for combustion with or without prior processing; or

(i)

used for the manufacture of derived products referred to in Articles 33, 34 and 36 and placed on the market in accordance with those Articles.

Article 14U.K.Disposal and use of Category 3 material

Category 3 material shall be:

(a)

disposed of as waste by incineration, with or without prior processing;

(b)

recovered or disposed of by co-incineration, with or without prior processing, if the Category 3 material is waste;

(c)

disposed of in an authorised landfill, following processing;

(d)

processed, except in the case of Category 3 material which has changed through decomposition or spoilage so as to present an unacceptable risk to public or animal health, through that product, and used:

(i)

for the manufacturing of feed for farmed animals other than fur animals, to be placed on the market in accordance with Article 31, except in the case of material referred to in Article 10(n), (o) and (p);

(ii)

for the manufacturing of feed for fur animals, to be placed on the market in accordance with Article 36;

(iii)

for the manufacturing of pet food, to be placed on the market in accordance with Article 35; or

(iv)

for the manufacturing of organic fertilisers or soil improvers, to be placed on the market in accordance with Article 32;

(e)

used for the production of raw petfood, to be placed on the market in accordance with Article 35;

(f)

composted or transformed into biogas;

(g)

in the case of material originating from aquatic animals, ensiled, composted or transformed into biogas;

(h)

in the case of shells from shellfish, other than those referred to in Article 2(2)(f), and egg shells, used under conditions determined by the competent authority which prevent risks arising to public and animal health;

(i)

used as a fuel for combustion with or without prior processing;

(j)

used for the manufacture of derived products referred to in Articles 33, 34 and 36 and placed on the market in accordance with those Articles;

(k)

in the case of catering waste referred to in Article 10(p) processed by pressure sterilisation or by processing methods referred to in point (b) of the first subparagraph of Article 15(1) or composted or transformed into biogas; or

(l)

applied to land without processing, in the case of raw milk, colostrum and products derived therefrom, which the competent authority does not consider to present a risk of any disease communicable through those products to humans or animals.

Article 15U.K.Implementing measures

1.[F49The appropriate authority may, by regulations, lay down measures for the implementation of this Section relating to the following matters]:

(a)special conditions for the on-board handling and the disposal of material derived from on-board evisceration of fish showing signs of disease, including parasites, that are communicable to humans;

(b)processing methods for animal by-products other than pressure sterilisation, in particular as regards the parameters to be applied for those processing methods, in particular the time, temperature, pressure and size of particles;

(c)parameters for the transformation of animal by-products, including catering waste, into biogas or compost;

(d)conditions for the incineration and co-incineration of animal by-products and derived products;

(e)conditions for the combustion of animal by-products and derived products;

(f)conditions for the generation and handling of animal by-products referred to in Article 10(c);

(g)ensilage of material originating from aquatic animals;

(h)permanent marking of animal by-products;

(i)the application to land of certain animal by-products, organic fertilisers and soil improvers;

(j)the use of certain animal by-products for feeding to farmed animals; and

(k)the level of risk to public or animal health with respect to certain material which is considered as unacceptable as referred to in Article 14(d).

F50...

F512.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 3U.K.Derogations

Article 16U.K.Derogations

By way of derogation from Articles 12, 13 and 14, animal by-products may be:

(a)

in the case of animal by-products referred to in point (a) of the first subparagraph of Article 15(1), handled and disposed of in accordance with special conditions laid down pursuant to that point;

(b)

used for research and other specific purposes in accordance with Article 17;

(c)

in the case of animal by-products referred to in Article 18, used for special feeding purposes in accordance with that Article;

(d)

in the case of animal by-products referred to in Article 19, disposed of in accordance with that Article;

(e)

disposed of or used in accordance with alternative methods which have been authorised in accordance with Article 20, based on parameters which may include pressure sterilisation or other requirements of this Regulation or the implementing measures thereof;

(f)

in the case of Category 2 and Category 3 materials and if authorised by the competent authority, used for the preparation and application to land of bio-dynamic preparations as referred to in Article 12(1)(c) of Regulation (EC) No 834/2007;

(g)

in the case of Category 3 material and, if authorised by the competent authority, used for feeding to pet animals;

(h)

in the case of animal by-products, except for Category 1 material, which arise in the course of surgical intervention on live animals or during birth of animals on farm and, if authorised by the competent authority, disposed of on that farm.

Article 17U.K.Research and other specific purposes

1.The competent authority may, by way of derogation from Articles 12, 13 and 14, authorise the use of animal by-products and derived products for exhibitions, artistic activities, and for diagnostic, educational or research purposes under conditions which ensure the control of risks to public and animal health.

Such conditions shall include:

(a)the prohibition of any subsequent use of the animal by-products or derived products for other purposes; and

(b)the obligation to dispose of the animal by-products or derived products safely, or to re-dispatch them to their place of origin, if appropriate.

2.In the case of risks to public and animal health which require the adoption of measures for the whole territory of [F52Great Britain], in particular in the case of newly emerging risks, [F53the Secretary of State may, by regulations, lay down, in relation to the whole of Great Britain,] conditions for the import and use of the animal by-products and derived products referred to in paragraph 1 F54.... Such conditions may include requirements regarding storage, packaging, identification, transport and disposal.

F55...

[F563The Secretary of State may not make regulations under paragraph 2 without the consent of—

(a)

in relation to Wales, the Welsh Ministers;

(b)

in relation to Scotland, the Scottish Ministers;

Where either of the parties mentioned in point (a) or (b) requests that the Secretary of State make regulations under paragraph 2, the Secretary of State must have regard to that request.]

Textual Amendments

Article 18U.K.Special feeding purposes

1.The competent authority may, by way of derogation from Articles 13 and 14, authorise, under conditions which ensure the control of risks to public and animal health, the collection and use of Category 2 material, provided that it comes from animals which were not killed or did not die as a result of the presence or suspected presence of a disease communicable to humans or animals, and of Category 3 material for feeding to:

(a)zoo animals;

(b)circus animals;

(c)reptiles and birds of prey other than zoo or circus animals;

(d)fur animals;

(e)wild animals;

(f)dogs from recognised kennels or packs of hounds;

(g)dogs and cats in shelters;

(h)maggots and worms for fishing bait.

2.The competent authority may authorise, by way of derogation from Article 12, and in accordance with the conditions laid down pursuant to paragraph 3 of this Article:

(a)the feeding of the Category 1 material referred to in Article 8(b)(ii) and of material derived from zoo animals for feeding to zoo animals; and

(b)the feeding of the Category 1 material referred to in Article 8(b)(ii) to endangered or protected species of necrophagous birds and other species living in their natural habitat, for the promotion of biodiversity.

3.[F57The appropriate authority may, by regulations, lay down measures for the implementation of this Article relating to the following matters]:

(a)conditions under which the collection and use as referred to in paragraph 1 may be authorised with respect to the movement, storage and use of Category 2 material and of Category 3 material for feeding, including in the case of newly emerging risks; and

(b)conditions under which, in certain cases by way of derogation from the obligation laid down in Article 21(1), the feeding of Category 1 material as referred to in paragraph 2 of this Article may be authorised, including:

(i)

the endangered or protected species of necrophagous birds and other species F58... to which such material may be fed;

(ii)

measures to prevent risks to public and animal health.

F59...

Textual Amendments

Article 19U.K.Collection, transport and disposal

1.The competent authority may, by way of derogation from Articles 12, 13, 14 and 21, authorise the disposal:

(a)by burial of dead pet animals and equidae;

(b)by burning or burial on site or by other means under official supervision which prevent the transmission of risks to public and animal health of Category 1 material referred to in Article 8(a)(v) and (b)(ii), Category 2 and Category 3 materials in remote areas;

(c)by burning or burial on site or by other means under official supervision which prevent the transmission of risks to public and animal health of Category 1 material referred to in Article 8(b)(ii), Category 2 and Category 3 materials in areas where access is practically impossible or where access would only be possible under circumstances, related to geographical or climatic reasons or due to a natural disaster, which would pose a risk to the health and safety of the personnel carrying out the collection or where access would necessitate the use of disproportionate means of collection;

(d)by means other than burning or burial on site, under official supervision, in the case of Category 2 and Category 3 materials which do not pose a risk to public and animal health, when the amounts of materials do not exceed a particular volume per week, this volume being determined in relation to the nature of the activities carried out and the species of origin of the animal by-products concerned;

(e)by burning or burial on site, under conditions which prevent the transmission of risks to public and animal health, of animal by-products other than Category 1 material referred to in Article 8(a)(i) in the event of an outbreak of a notifiable disease, if transport to the nearest plant approved for processing or disposal of the animal by-products would increase the danger of propagation of health risks or, in case of a widespread outbreak of an epizootic disease, would mean that the disposal capacities of such plants were exceeded; and

(f)by burning or burial on site, under conditions which prevent the transmission of risks to public and animal health, of bees and apiculture by-products.

2.The animal population of a particular species in the remote areas referred to in paragraph 1(b) shall not exceed a maximum percentage of the animal population of this species in [F60Great Britain].

3.[F61The appropriate authorities] shall make available to [F62each other, and the Department of Agriculture, Environment and Rural Affairs,] information on:

(a)the areas that they categorise as remote areas for the purpose of applying paragraph 1(b) and the reasons for that categorisation, and updated information concerning any change to such categorisation; and

(b)the use they make of the authorisations provided for in points (c) and (d) of paragraph 1 with respect to Category 1 and Category 2 materials.

4.[F63The appropriate authority may, by regulations, lay down measures for the implementation of this Article relating to the following matters]:

(a)conditions aimed at ensuring control of risks to public and animal health in the event of burning and burial on site;

(b)the maximum percentage of the animal population as referred to in paragraph 2;

(c)the volume of animal by-products, in relation to the nature of activities and the species of origin, as referred to in paragraph 1(d); and

(d)the list of diseases referred to in paragraph 1(e).

F64...

Textual Amendments

Section 4U.K.Alternative methods

Article 20U.K.Authorisation of alternative methods

1.The procedure for authorisation of an alternative method of use or disposal of animal by-products or derived products may be initiated either by [F65an appropriate authority] or by an interested party, which may represent several interested parties.

2.Interested parties shall send their applications to the competent authority of the [F66constituent nation] where they intend to use the alternative method.

The competent authority shall evaluate, within a period of two months following receipt of a complete application, whether the application complies with the standard format for applications referred to in paragraph 10.

3.The competent authority shall communicate the applications of the F67... interested parties, together with a report on its evaluation to the [F68appropriate authority.]

F694.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.[F70The appropriate authority shall assess whether the method submitted by an interested party or any other method which the appropriate authority considers to be appropriate for authorisation ensures that risks to public or animal health are:

(a)controlled in a manner which prevents their proliferation before disposal in accordance with this Regulation or the implementing measures thereof; or

(b)reduced to a degree which is at least equivalent, for the relevant category of animal by-products, to the processing methods laid down pursuant to point (b) of the first subparagraph of Article 15(1),

and, taking these matters into account, may, by regulations, authorise an alternative method of use or disposal of animal by-products or derived products.]

F71...

F726.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F727.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F728.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F729.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7310.The appropriate authority must make available or publish a standard format for applications for alternative methods, in such manner as appears to the appropriate authority to be appropriate, from time to time.]

F7411.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

(1)

[F5Regulation [X1(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) ( [X1OJ L 95, 7.4.2017, p. 1] ).]

Editorial Information

Textual Amendments

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