Regulation (EC) No 999/2001 of the European Parliament and of the CouncilDangos y teitl llawn

[F1 [F2 [F3 2. Without prejudice to point 1, the export of products containing processed animal protein derived from ruminants shall be prohibited. U.K.

By way of derogation, that prohibition shall not apply to:

(a)

processed petfood containing processed animal protein derived from ruminants which:

(i)

has been processed in establishments or plants approved in accordance with Article 24(1)(e) of Regulation (EC) No 1069/2009; and

(ii)

is packaged and labelled in accordance with [F4 EU-derived domestic] legislation.

(b)

organic fertilisers or soil improvers, as defined in point 22 of Article 3 of Regulation (EC) No 1069/2009, that contain in their composition processed animal proteins derived from ruminants or a mixture of processed animal proteins from ruminants and non-ruminants provided that:

(i)

they do not contain Category 1 material and products derived therefrom or Category 2 material and products derived therefrom, other than manure, as defined in point 20 of Article 3 of Regulation (EC) No 1069/2009, processed in accordance with the rules for placing on the market of processed manure, laid down in Section 2(a), (b), (d) and (e) of Chapter I of Annex XI to Commission Regulation (EU) No 142/2011;

(ii)

the processed animal proteins contained in the organic fertilisers or soil improvers are in compliance with the specific requirements described in Section 1 of Chapter II of Annex X to Regulation (EU) No 142/2011;

(iii)

the organic fertilisers or soil improvers may contain other category 3 materials, that have been processed in accordance to:

• any of the processing methods 1 to 7 set out in Chapter III of Annex IV to Regulation (EU) No 142/2011, or

• the requirements laid down in Section 1 Chapter III of Annex V to Regulation (EU) No 142/2011 in the case of compost or digestion residues from the transformation of animal by-products into biogas, or;

• the specific requirements set out in Annex XIII to Regulation (EU) No 142/2011, where such materials may be used for organic fertilisers and soil improvers in accordance to that Regulation.

(iv)

they have been produced in establishments or plants approved in accordance with Article 24(1)(f) of Regulation (EC) No 1069/2009;

(v)

are mixed with a sufficient proportion of a component, authorised by the [F5 appropriate authority of the relevant constituent nation] where the organic fertilisers or soil improvers are produced, which renders the product unpalatable to animals or is otherwise effective to prevent misuse of the mixture for feeding purposes. This component is to be mixed with the organic fertilizers or soil improvers in the plant manufacturing them or in a plant registered for this purpose in accordance with point 2 of Section 1 of Chapter II of Annex XI to Regulation (EU) No 142/2011.

If required by the competent authority of the third country of destination, the [F5 appropriate authority of the relevant constituent nation] where the organic fertilisers or soil improvers are produced may accept the use of other components or other methods to prevent the use of the organic fertilisers or soil improvers as feed, different than those authorised in [F6 the relevant constituent nation], provided that these are not in contradiction with the rules laid down in point 3 of Article 22 and point 3 of Section 1 of Chapter II of Annex XI to Regulation (EU) No 142/2011;

(vi)

they have been processed to ensure decontamination of pathogens in accordance with point 5 of Section 1 of Chapter II of Annex XI to Regulation (EU) No 142/2011;

(vii)

they have a label attached to the packaging or container bearing the words ‘ organic fertilisers or soil improvers/no grazing of farmed animals or use of crops as herbage during at least 21 days following application ’ ;

(viii)

they are exported in compliance with the following conditions:

• they shall be transported in sealed containers, directly from the plant manufacturing the organic fertilisers or soil improvers or the registered plant where the component which renders the product unpalatable to animals is added, to the point of exit from the [F7 United Kingdom], which shall be a border control post listed in Annex I to Commission Decision 2009/821/EC. Before leaving the [F7 United Kingdom], the operator responsible for arranging the transport of the organic fertilisers or soil improvers shall inform the competent authority at that border control post of the arrival of the consignment at the point of exit;

• the consignment shall be accompanied by a duly completed commercial document produced according to the model set out in point 6 of Chapter III of Annex VIII to Regulation (EU) No 142/2011 and issued from the integrated computerised veterinary system (TRACES) [F8 or any replacement system in place in the United Kingdom, and the border inspection post of exit must be indicated in the relevant Box];

• when the consignment arrives at the point of exit, the competent authority at the border control post shall, on a risk basis, verify the seal of the containers presented at the border control post. If the seal is verified and the verification is not satisfactory, the consignment must either be destroyed or must be re-dispatched to the establishment of origin, indicated in box I.12 of the commercial document;

• the competent authority at the border control post shall inform, via TRACES [F9 or any replacement system in operation in the United Kingdom], the competent authority indicated in box I.4 of the commercial document of the arrival of the consignment at the point of exit and, where applicable, of the outcome of the verification of the seal and of any corrective action taken;

• The competent authority responsible for the manufacturing plant of origin or the registered plant where the component which renders the product unpalatable to animals is added shall carry out risk based official controls to verify compliance with the first and second indents and to verify that, for each consignment of organic fertilisers and soil improvers that contain in their composition processed animal proteins derived from ruminants or a mixture of processed animal proteins from ruminants and non-ruminants exported, the confirmation of the control carried out at the exit point was received from the competent authority of the border control post, through TRACES [F9 or any replacement system in operation in the United Kingdom].

The conditions set out in points (v), (vii) and (viii) of point 2(b) shall not apply to organic fertilisers or soil improvers which are in ready-to-sell packages of not more than 50 kg in weight for use by the final consumer.]]]

Textual Amendments

F4 Words in Annex 4 Ch. 5 s. E point 2(a)(ii) substituted (31.12.2020) by The Animal Health and Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1229), regs. 1(3), 2(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Annex 4 Ch. 5 s. E point 2(b)(v) substituted (31.12.2020) by The Animal Health and Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1229), regs. 1(3), 2(3)(b)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Annex 4 Ch. 5 s. E point 2(b)(v) substituted (31.12.2020) by The Animal Health and Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1229), regs. 1(3), 2(3)(b)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Annex 4 Ch. 5 s. E point 2(viii) substituted (31.12.2020) by The Animal Health and Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1229), regs. 1(3), 2(3)(b)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Annex 4 Ch. 5 s. E point 2(viii) substituted (31.12.2020) by The Animal Health and Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1229), regs. 1(3), 2(3)(b)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Annex 4 Ch. 5 s. E point 2(viii) inserted (31.12.2020) by The Animal Health and Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1229), regs. 1(3), 2(3)(b)(ii)(cc); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F1 Substituted by Commission Regulation (EU) No 56/2013 of 16 January 2013 amending Annexes I and IV to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (Text with EEA relevance).

F2 Substituted by Commission Regulation (EU) 2017/893 of 24 May 2017 amending Annexes I and IV to Regulation (EC) No 999/2001 of the European Parliament and of the Council and Annexes X, XIV and XV to Commission Regulation (EU) No 142/2011 as regards the provisions on processed animal protein (Text with EEA relevance).

F3 Substituted by Commission Regulation (EU) 2019/1091 of 26 June 2019 amending Annex IV to Regulation (EC) No 999/2001 of the European Parliament and of the Council as regards the requirements for export of products containing processed animal protein derived from ruminants and non-ruminants (Text with EEA relevance).