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(1) in Article 3, point (i) is replaced by the following: "(i) gasoline and fuels which fulfil the specific requirements for products from the multi-step catalytic process for the production of renewable fuels set out in point 2(c) of Section 3 of Chapter IV of Annex IV; (j) oleochemical products derived from rendered fats and which fulfil the requirements set out in Chapter XI of Annex XIII.";
(2) Article 13 is amended as follows: -
(a) in paragraph 1, point (e) is replaced by the following: "(e) maggots and worms for fishing bait; (f) circus animals.";
(b) in paragraph 2, point (e) is replaced by the following: "(e) maggots and worms for fishing bait; (f) circus animals.";
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(3) in Article 15, the introductory phrase is replaced by the following: "If the competent authority authorises the disposal of animal by-products by way of the derogation provided for in Article 19(1)(a), (b), (c), (e) and (f) of Regulation (EC) No 1069/2009, the disposal shall comply with the following special rules set out in Chapter III of Annex VI:"; (4) in Article 36(3), the date " 31 December 2012 " is replaced by "31 December 2014 ";(5) Annexes I, IV, V, VI, VIII, X, XI and Annexes XIII to XVI are amended in accordance with the text in the Annex to this Regulation.
Commission Regulation (EU) No 294/2013 of 14 March 2013 amending and correcting 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 Text with EEA relevance
Corrected by
- Corrigendum to Commission Regulation (EU) No 294/2013 of 14 March 2013 amending and correcting 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, 32013R0294R(03), August 24, 2013
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(1) Annex I is amended as follows: -
(a) point 19 is replaced by the following: "19. " petfood " means feed, other than material referred to in Article 24(2), for use as feed for pet animals, and dogchews consisting of animal by-products or derived products which:-
(a) contain Category 3 material, other than material referred to in Article 10(n), (o) and (p) of Regulation (EC) No 1069/2009; and (b) may contain imported Category 1 material comprising of 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 or Article 2(b) of Directive 96/23/EC;";
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(b) point 23 is replaced by the following: "23. " digestion residues " means residues, including the liquid fraction, resulting from the transformation of animal by-products in a biogas plant;";
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(2) in Annex IV, Chapter IV, Section 3 is amended as follows: -
(a) point 1 is amended as follows: -
(i) point (a)(iii) is replaced by the following: "(iii) transformed into biogas. In such case the digestion residues must be disposed of in accordance with point (i) or (ii), except where the material results from processing in accordance with point 2(a) or (b) where the residues can be used in accordance with the conditions set out in point 2(a) or point 2(b)(iii) as appropriate; or";
(ii) point (b)(i) is replaced by the following: "(i) disposed of as provided for in point 1(a)(i) or (ii), with or without prior processing as provided for in Article 13(a) and (b) and Article 14(a) and (b) of Regulation (EC) No 1069/2009;";
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(b) points 2(b)(ii) and (iii) are replaced by the following: "(ii) in the case of potassium sulphate, used for direct application to land or for the production of derived products for application to land; (iii) in the case of glycerine derived from Categories 1 and 2 material which has been processed in accordance with processing method 1 as set out in Chapter III: -
used for technical purposes, transformed into biogas, in which case the digestion residues may be applied to land within the national territory of the producing Member State, subject to the decision of the competent authority, or used for denitrification in a waste water treatment plant, in which case the residues of the denitrification may be applied to land in accordance with Council Directive 91/271/EEC ;OJ L 135, 30.5.1991, p. 40 .";
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(iv) in the case of glycerine derived from Category 3 material: -
used for technical purposes, transformed into biogas, in which case the digestion residues may be applied to land, or used for feeding, provided that the glycerine is not derived from Category 3 material referred to in Article 10(n), (o) and (p) of Regulation (EC) No 1069/2009;
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----------------------OJ L 135, 30.5.1991, p. 40 .";(c) point 3 is replaced by the following: "3. Any waste other than animal by-products and derived products provided for in point 2, resulting from the processing of animal by-products in accordance with this Section, such as sludge, filter contents, ash and digestion residues, shall be disposed of in accordance with Regulation (EC) No 1069/2009 and with this Regulation.";
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(3) in Annex V, Chapter I, Section 1, point 2(d) is replaced by the following: "(d) animal by-products which may be applied to land without processing in accordance with Article 13(f) of Regulation (EC) No 1069/2009 and with this Regulation, if the competent authority does not consider them to present a risk of spreading any serious transmissible disease to humans or animals;";
(4) in Annex VI, Chapter II, Section 1, the introductory phrase is replaced by following: "Categories 2 and 3 materials as referred to in Article 18(1) of Regulation (EC) No 1069/2009 may be fed to the animals referred to in paragraph (1)(a), (b), (d), (f), (g) and (h) of that Article subject to compliance with at least the following conditions, in addition to any conditions laid down by the competent authority in accordance with Article 18(1) of that Regulation:"; (5) Annex VIII is amended as follows: -
(a) in Chapter II, point 2(b), point (xix) is replaced by the following: "(xix) in the case of manure which has been subject to the lime treatment set out in point I of Section 2 of Chapter IV of Annex IV, the words "manure-lime-mixture"; (xx) in the case of processed manure which has been subject to the treatment set out in point (b) and (c) of Section 2 of Chapter I of Annex XI, the words "processed manure".";
(b) the following Chapter VI is added: "CHAPTER VI TRANSPORT OF DEAD PET ANIMALS The conditions in points 1 to 3 of Article 48 of Regulation (EC) No 1069/2009 regarding the advance authorisation by the competent authority in the Member States of destination and the use of TRACES shall not be required in the case of the transport of a dead pet animal for incineration in an establishment or plant located in the border region of another Member State sharing a common border when the Member States conclude a bilateral agreement on the condition of the transport.";
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(6) in Annex X, Chapter II is amended as follows: -
(a) in Section 4, Part II, point 1 is replaced by the following: "1. The requirements laid down in points 2 and 3 of this Part shall apply to the processing, use and storage of milk, milk-based products and milk-derived products which are Category 3 material, as referred to in Article 10(e) of Regulation (EC) No 1069/2009, other than centrifuge or separator sludge, and milk, milk-based products and milk-derived products referred to in Article 10(f) and (h) of that Regulation, that have not been processed in accordance with Part I of this Section."; (b) Section 10 is replaced by the following: " Section 10 Specific requirements for feeding to farmed animals, other than fur animals, of certain Category 3 material referred to Article 10(f) of Regulation (EC) No 1069/2009 Category 3 material comprising of foodstuffs containing products of animal origin originating from Member States 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, referred to in Article 10(f) of Regulation (EC) No 1069/2009, may be placed on the market for feeding to farmed animals, other than fur animals, without further treatment, provided that the material: -
(i) has undergone processing as defined in Article 2(1)(m) of Regulation (EC) No 852/2004 or in accordance with this Regulation; (ii) is composed of or contain one or more of the following Category 3 materials referred to in Article 10(f) of Regulation (EC) No 1069/2009: -
milk, milk-based products, milk-derived products, eggs, egg products, honey, rendered fats, collagen, gelatine;
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(iii) has not been in contact with any other Category 3 materials; and (iv) all necessary precautions have been taken to prevent the contamination of the material.";
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(7) in Annex XI, Chapter II, Section 1, point 1(b) is replaced by the following: "(b) using processed animal protein, including processed animal protein produced in accordance with point B.1(b)(ii) of Section 1 of Chapter II of Annex X, which has been produced from Category 3 material in accordance with Section 1 of Chapter II of Annex X, or materials which have been subject to another treatment, where such materials may be used for organic fertilisers and soil improvers in accordance with this Regulation; or";
(8) Annex XIII is amended as follows: -
(a) in Chapter VI, points C(1)(c) and (d) are replaced by the following: "(c) have been subject to an anatomical preparation such as by plastination; (d) are animals of the biological class Insecta or Arachnida which have been subject to a treatment, such as drying, to prevent any transmission of diseases communicable to humans or animals; or (e) are objects in natural history collections or for the promotion of science and they have been: -
(i) preserved in media, such as alcohol or formaldehyde, which allow display of the items; or (ii) embedded completely on micro-slides;
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(f) are processed DNA samples intended for repositories for the promotion of biodiversity research, ecology, medical and veterinary science or biology.";
(b) in Chapter XI, the following point is added: "3. End point for products derived from rendered fats: Fat derivatives which have been processed as referred to in point 1 may be placed on the market for uses indicated in point 2 without restrictions in accordance with this Regulation.";
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(9) Annex XIV is amended as follows: -
(a) in Chapter I, Section 1 is amended as follows: -
(i) points (c), (d) and (e) are replaced by the following: "(c) they must come from a third country or part of a third country listed in the column "third countries’ list" of Table 1; (d) they must come from an establishment or plant which is registered or approved by the competent authority of the third country, as applicable, and which is on the list of such establishments and plants referred to in Article 30; and (e) they must be: -
(i) accompanied during transportation to the point of entry into the Union where the veterinary checks take place by the health certificate referred to in the column "certificates/model documents" of Table 1; or (ii) presented at the point of entry into the Union where the veterinary checks take place accompanied by a document corresponding to the model referred to in the column "certificates/model documents" of Table 1.";
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(ii) point (f) is deleted;
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(b) in Chapter II, Section 1 is amended as follows: -
(i) points (c), (d) and (e) are replaced by the following: "(c) they must come from a third country or part of a third country listed in the column "third countries’ list" of Table 2; (d) they must come from an establishment or plant which is registered or approved by the competent authority of the third country, as applicable, and which is on the list of such establishments and plants referred to in Article 30; and (e) they must be: -
(i) accompanied during transportation to the point of entry into the Union where the veterinary checks take place by the health certificate referred to in the column "certificates/model documents" of Table 2; or (ii) presented at the point of entry into the Union where the veterinary checks take place accompanied by a document corresponding to the model referred to in the column "certificates/model documents" of Table 2.";
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(ii) point (f) is deleted; (iii) Table 2 is amended as follows: -
row No 13 is replaced by the following: "13 Flavouring innards for the manufacture of petfood Materials referred to in Article 35(a) The flavouring innards must have been produced in accordance with Chapter III of Annex XIII. Third countries listed in Part 1 of Annex II to Regulation (EU) No 206/2010, from which Member States authorise imports of fresh meat from the same species and where only bone in meat is authorised. In the case of flavouring innards from fish materials, third countries listed in Annex II to Decision 2006/766/EC. In the case of flavouring innards from poultry meat third countries listed in Part 1 of Annex I to Regulation (EC) No 798/2008, from which Member States authorise imports of fresh poultry meat. Annex XV, Chapter 3(E)." in row No 14, point (a) in the third column is replaced by the following: "(a) Category 3 materials referred to in Article 10(a) to (m).";
rows Nos 15 and 16 are replaced by the following: "15 Animal by-products for use as raw petfood Category 3 materials referred to in Article 10(a) and Article 10(b)(i) and (ii). The products shall comply with the requirements set out in Section 8. Third countries listed in Part 1 of Annex II to Regulation (EU) No 206/2010 or in Annex I to Regulation (EC) No 798/2008, from which Member States authorise imports of fresh meat from the same species and where only bone in meat is authorised. In the case of fish materials, third countries listed in Annex II to Decision 2006/766/EC. Annex XV, Chapter 3(D). 16 Animal by-products for use in feed for fur animals Category 3 materials referred to in Article 10(a) to (m) The products shall comply with the requirements set out in Section 8. Third countries listed in part 1 of Annex II to Commission Regulation (EU) No 206/2010, or in Annex I to Regulation (EC) No 798/2008, from which Member States authorise imports of fresh meat from the same species and where only bone in meat is authorised. In the case of fish materials, third countries listed in Annex II to Decision 2006/766/EC. Annex XV, Chapter 3(D)." in row No 17, third column, point (a) is replaced by the following: "(a) In the case of materials destined for the production of biodiesel or oleochemical products: Categories 1, 2 and 3 materials referred to in Articles 8, 9 and 10.";
row No 18 is replaced by the following: "18 Fat derivatives -
(a) In the case of fat derivatives for uses outside the feed chain for farmed animals: Category 1 materials referred to in Article 8(b), (c) and (d), Category 2 materials referred to in Article 9(c) and (d) and Article 9(f)(i) and Category 3 materials referred to in Article 10. (b) In the case of fat derivatives for use as feed: Category 3 materials other than materials referred to in Article 10(n), (o) and (p);
The fat derivatives shall comply with the requirements set out in Section 10. Any third country. -
(a) In the case of fat derivatives for uses outside the feed chain for farmed animals: Annex XV, Chapter 14(A). (b) In the case of fat derivatives for use as feed: Annex XV, Chapter 14(B)."
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(c) in Chapter II, Section 2, point 2 is replaced by the following: "2. The blood from which blood products for the manufacture of derived products for uses outside the feed chain for farmed animals are produced must have been collected under veterinary supervision: -
(a) in slaughterhouses: -
(i) approved in accordance with Regulation (EC) No 853/2004; or (ii) approved and supervised by the competent authority of the country of collection; or
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(b) from live animals in facilities approved and supervised by the competent authority of the country of collection.";
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(d) in Chapter II, Section 3, point 1 is replaced by the following: "1. The blood must comply with the conditions set out in point 1(a) of Chapter IV of Annex XIII and must be collected under veterinary supervision: -
(a) in slaughterhouses: -
(i) approved in accordance with Regulation (EC) No 853/2004; or (ii) approved and supervised by the competent authority of the country of collection; or
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(b) from live equidae in facilities approved and furnished with a veterinary approval number and supervised by the competent authority of the country of collection for the purpose of collecting blood from equidae for the production of blood products for purposes other than feeding.";
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(e) in Chapter II, Section 3, point 2(d) is replaced by the following: "(d) in the case of blood products other than serum and plasma, vesicular stomatitis for a period of at least six months.";
(f) in Chapter II, Section 9, point (a)(i) is replaced by the following: "(i) in the case of materials destined for the production of biodiesel or oleochemical products, animal by-products referred to in Articles 8, 9 and 10 of Regulation (EC) No 1069/2009;";
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(10) Annex XV is amended as follows: -
(a) Chapter 3(B) is replaced by the following: "CHAPTER 3(B) Health certificate For processed petfood other than canned petfood, intended for dispatch to or for transit through (2 )the European Union (b) Chapter 3(D) is replaced by the following: "CHAPTER 3(D) Health certificate For raw petfood for direct sale or animal by-products to be fed to fur animals, intended for dispatch to or for transit through (2 )the European Union (c) Chapter 4(A) is replaced by the following: "CHAPTER 4(A) Health certificate For the import of blood and blood products from equidae to be used outside the feed chain, for dispatch to or for transit through (2 )the European Union (d) Chapter 4(C) is replaced by the following: "CHAPTER 4(C) Health certificate For untreated blood products, excluding of equidae, for the manufacture of derived products for purposes outside the feed chain for farmed animals, intended for dispatch to or for transit through (2 )the European Union (e) Chapter 4(D) is replaced by the following: "CHAPTER 4(D) Health certificate For treated blood products, excluding of equidae, for the manufacture of derived products for purposes outside the feed chain for farmed animals, intended for dispatch to or for transit through (2 )the European Union (f) Chapter 6(A) is replaced by the following: "CHAPTER 6(A) Health certificate For treated game trophies and other preparations of birds and ungulates, consisting only of bones, horns, hooves, claws, antlers, teeth, hides or skins, for dispatch to or for transit through (2 )the European Union (g) Chapter 8 is replaced by the following: "CHAPTER 8 Health certificate For animal by-products to be used for purposes outside the feed chain or for trade samples (2 ),intended for dispatch to or for transit through (2 )the European Union (h) Chapter 10(B) is replaced by the following: "CHAPTER 10(B) Health certificate For rendered fats not intended for human consumption to be used for certain purposes outside the feed chain, intended for dispatch to or for transit through (2 )the European Union (i) Chapter 11 is replaced by the following: "CHAPTER 11 Health certificate For gelatine and collagen not intended for human consumption to be used as feed material or for purposes outside the feed chain, intended for dispatch to or for transit through (2 )the European Union (j) Chapter 14(A) is replaced by the following: "CHAPTER 14(A) Health certificate For fat derivatives not intended for human consumption to be used outside the feed chain, intended for dispatch to or for transit through (2 )the European Union (k) Chapter 15 is replaced by the following: "CHAPTER 15 Health certificate For egg products not intended for human consumption that could be used as feed material, intended for dispatch to or for transit through (2 )the European Union
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(11) in Annex XVI, Chapter III, Section 6 is replaced by the following: " Section 6 Official controls regarding the feeding of wild animals and certain zoo animals with Category 1 material The competent authority shall monitor the health status of the farmed animals in the region where feeding is carried out as referred to in Sections 2, 3 and 4 of Chapter II of Annex VI and shall carry out appropriate TSE surveillance involving regular sampling and laboratory examination for TSEs. Those samples shall include samples taken from suspected animals and from older breeding animals.".