Introductory text

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption^f1, as amended by Commission Regulation (EC) No 808/2003^f2, and in particular Article 32(1) thereof,

Whereas:

Regulation (EC) No 1774/2002 provides for a complete revision of Community rules concerning animal by-products not intended for human consumption, including the introduction of a number of strict requirements. In addition, it provides that appropriate transitional measures may be adopted.

In view of the strict nature of those requirements, it is necessary to provide for transitional measures for the Member States in order to allow industry sufficient time to adjust. In addition, alternative collection, transport, storage, handling, processing and uses for animal by-products need to be further developed as well as disposal methods for those by-products.

Accordingly, as a temporary measure a derogation should be granted to enable the Member States to authorise operators to continue to apply national rules for the processing standards for Category 3 materials and manure used in biogas plants.

In order to prevent a risk to animal and public health appropriate control systems should be maintained in the Member States for the period of the transitional measures.

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS REGULATION: