Regulation (EC) No 1774/2002 of the European Parliament and of the Council (repealed)Show full title

CHAPTER V U.K. DEROGATIONS

Article 23 U.K. Derogations regarding the use of animal by-products

1. Member States may authorise, under the supervision of the competent authorities:

(a) the use of animal by-products for diagnostic, educational and research purposes; and

(b) the use of animal by-products for taxidermy purposes in technical plants approved for this purpose in accordance with Article 18.

2. (a) Member States may also authorise the use of the animal by-products specified in subparagraph (b) for the feeding of the animals specified in subparagraph (c), under the supervision of the competent authorities and in accordance with the rules laid down in Annex IX.

(b) The animal by-products referred to in subparagraph (a) are:

(i)

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

(ii)

Category 3 material referred to in Article 6(1)(a) to (j) and, subject to Article 22, in Article 6(1)(l);

(c) The animals referred to in subparagraph (a) are:

(i)

zoo animals,

(ii)

circus animals,

(iii)

reptiles and birds of prey other than zoo or circus animals,

(iv)

fur animals,

(v)

wild animals the meat of which is not destined for human consumption,

(vi)

dogs from recognised kennels or packs of hounds, and

(vii)

maggots for fishing bait.

(d) In addition, Member States may authorise the use, under the supervision of the competent authorities, of Category 1 material referred to in Article 4(1)(b)(ii) for the feeding of endangered or protected species of necrophagous birds in accordance with rules laid down under the procedure referred to in Article 33(2) after consultation of the European Food Safety Authority.

3. Member States shall inform the Commission of:

(a) the use made of the derogations referred to in paragraph 2; and

(b) the verification arrangements introduced to ensure that the animal by-products concerned are used only for authorised purposes.

4. Each Member State shall draw up a list of users and collection centres authorised and registered pursuant to paragraph 2(c)(iv), (vi) and (vii) within its territory. Each user and collection centre shall be assigned an official number for inspection purposes and to be able to trace the origin of the products concerned.

The competent authority shall supervise the premises of users and collection centres referred to in the previous subparagraph and have free access at all times to all parts of such premises, to ensure compliance with the requirements referred to in paragraph 2.

If such inspections reveal that those requirements are not being complied with, the competent authority shall take appropriate action.

5. Detailed rules concerning verification measures may be adopted in accordance with the procedure referred to in Article 33(2).

Article 24 U.K. Derogations regarding the disposal of animal by-products

1. The competent authority may, where necessary, decide that:

(a) dead pet animals may be directly disposed of as waste by burial;

(b) the following animal by-products originating in remote areas may be disposed of as waste by burning or burial on site:

(i)

Category 1 material referred to in Article 4(1)(b)(ii),

(ii)

Category 2 material, and

(iii)

Category 3 material; and

(c) animal by-products may be disposed of as waste by burning or burial on site in the event of an outbreak of a disease mentioned in List A of the International Office of Epizootic Diseases (OIE), if the competent authority rejects transport to the nearest incineration or processing plant because of the danger of propagation of health risks or because a widespread outbreak of an epizootic disease leads to a lack of capacity at such plants.

2. No derogation may be granted in respect of Category 1 material referred to in Article 4(1)(a)(i).

3. In the case of Category 1 material referred to in Article 4(1)(b)(ii), burning or burial may take place in accordance with paragraph 1(b) or (c) only if the competent authority authorises and supervises the method used and is satisfied that it precludes all risk of transmission of TSEs.

4. Member States shall inform the Commission of:

(a) the use they make of the possibilities provided for in paragraph 1(b) in respect of Category 1 and Category 2 material; and

(b) the areas that they categorise as remote areas for the purpose of applying paragraph 1(b) and the reasons for that categorisation.

5. The competent authority shall take the measures necessary:

(a) to ensure that the burning or burial of animal by-products does not endanger animal or human health; and

(b) to prevent the abandonment, dumping or uncontrolled disposal of animal by-products.

6. Detailed arrangements for implementing this Article may be laid down under the procedure referred to in Article 33(2).