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Commission Regulation (EU) No 142/2011Dangos y teitl llawn

Commission Regulation (EU) No 142/2011 of 25 February 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)

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CHAPTER IU.K. GENERAL PROVISIONS

Article 1U.K.Subject matter and scope

This Regulation lays down implementing measures:

(a)

for the public and animal health rules for animal by-products and derived products laid down in Regulation (EC) No 1069/2009;

(b)

concerning certain samples and items exempt from veterinary checks at [F1border control post]s as provided for in Article [F248(a) and (b) of the Official Controls Regulation].

Textual Amendments

Article 2U.K.Definitions

For the purposes of this Regulation, the definitions set out in Annex I apply.

Article 3U.K.End point in the manufacturing chain for certain derived products

The following derived products may be placed on the market, other than imported [F3from a third country], without restrictions, as provided in Article 5(2) of Regulation (EC) No 1069/2009:

(a)

biodiesel which fulfils the requirements for the disposal and use of derived products set out in point 2(b) of Section 3 of Chapter IV of Annex IV;

(b)

processed petfood which fulfil the specific requirements for processed petfood set out in point 7(a) of Chapter II of Annex XIII;

(c)

dogchews which fulfil the specific requirements for dogchews set out in point 7(b) of Chapter II of Annex XIII;

(d)

hides and skins of ungulates which fulfil the specific requirements for the end point for those products set out in point C of Chapter V of Annex XIII;

(e)

wool and hair, which fulfil the specific requirements for the end point for those products set out in point B of Chapter VII of Annex XIII;

(f)

feathers and down, which fulfil the specific requirements for the end point for those products set out in point C of Chapter VII of Annex XIII;

(g)

[F4fur which fulfils the special requirements for the end point for that product set out in Chapter VIII of Annex XIII;

(h)

fish oil for the production of medicinal products which fulfils the special requirements for the end point for that product set out in Chapter XIII of Annex XIII;]

(i)

[F5gasoline 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 [F6;]]

(k)

[F7renewable diesel, renewable jet fuel, renewable propane and renewable gasoline which fulfil the specific requirements for products from the multi-step catalytic hydro-treatment for the production of renewable fuels set out in point 2(f) of Section 3 of Chapter IV of Annex IV.]

Textual Amendments

Article 4U.K.Serious transmissible diseases

The diseases listed by the OIE in [F8Chapter 1.3 of the Terrestrial Animal Health Code, 2019] edition, and in Chapter 1.3 of the [F9Aquatic Animal Health Code, 2019] edition, shall be regarded as serious transmissible diseases for the purposes of general animal health restrictions, as provided for in Article 6(1)(b)(ii) of Regulation (EC) No 1069/2009.

Textual Amendments

CHAPTER IIU.K. DISPOSAL AND USE OF ANIMAL BY-PRODUCTS AND DERIVED PRODUCTS

Article 5U.K.Restrictions on the use of animal by-products and derived products

F101.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.Operators shall comply with the restrictions on the feeding of farmed animals with herbage from land to which certain organic fertilisers or soil improvers have been applied, as set out in Chapter II of Annex II.

Textual Amendments

[F11 Article 6] U.K. Disposal by incineration, disposal or recovery by co-incineration and use as a fuel for combustion

1.The competent authority shall ensure that incineration and co-incineration of animal by-products and derived products shall only take place:

(a)in incineration plants and co-incineration plants which have been granted a permit in accordance with [F12the Environmental Permitting (England and Wales) Regulations 2016 or the Pollution Prevention and Control (Scotland) Regulations 2012]; or

(b)for plants not required to have a permit under [F13the Environmental Permitting (England and Wales) Regulations 2016 or the Pollution Prevention and Control (Scotland) Regulations 2012], in incineration and co-incineration plants which have been approved by the competent authority to carry out disposal by incineration, or disposal or recovery of animal by-products or derived products, if they are waste, by co-incineration, in accordance with Article 24(1)(b) or (c) of Regulation (EC) No 1069/2009.

2.The competent authority shall only approve incineration plants and co-incineration plants as referred to in point 1(b), in accordance with Article 24(1)(b) or (c) of Regulation (EC) No 1069/2009, if they comply with the requirements set out in Annex III hereto.

3.Operators of incineration plants and co-incineration plants shall comply with the general requirements for incineration and co-incineration set out in Chapter I of Annex III.

4.Operators of high-capacity incineration and co-incineration plants shall comply with the requirements of Chapter II of Annex III.

5.Operators of low-capacity incineration and co-incineration plants shall comply with the requirements of Chapter III of Annex III.

[F146. Operators shall ensure that combustion plants other than those referred to in Section 2 of Chapter IV of Annex IV, under their control in which animal by-products or derived products are used as a fuel, comply with the general conditions and specific requirements set out in Chapters IV and V of Annex III respectively and are approved by the competent authority in accordance with Article 24(1)(d) of Regulation (EC) No 1069/2009.

7. The competent authority shall only approve combustion plants referred to in paragraph 6 for the use of animal by-products and derived products as fuel for combustion, provided that:

(a) the combustion plants fall within the scope of Chapter V of Annex III hereto;

(b) the combustion plants comply with all the relevant general conditions and specific requirements set out in Chapters IV and V of Annex III hereto;

(c) administrative procedures are in place to ensure that the requirements for the approval of the combustion plants are checked annually.

[F158. For the use of manure of farmed animals or meat-and-bone meal as a fuel for combustion as set out in Chapter V of Annex III, the following rules shall apply in addition to those referred to in paragraph 7 of this Article:

(a) the application for approval that is submitted by the operator to the competent authority in accordance with Article 24(1)(d) of Regulation (EC) No 1069/2009 must contain evidence certified by the competent authority or by a professional organisation authorised by the competent [F16authority], that the combustion plant in which the manure of farmed animals or meat-and-bone meal is used as a fuel meets the requirements laid down in points B(3) for manure, and (D) in case of meat-and-bone meal as well as the requirements set out for both fuels in points B(4) and B(5) of Chapter V of Annex III to this Regulation, without prejudice to the possibility for the competent [F16authority] to grant a derogation from compliance with certain provisions in accordance with point C(4) of Chapter V of Annex III;

(b) the procedure for approval provided for in Article 44 of Regulation (EC) No 1069/2009 shall not be completed until at least two consecutive checks, one of them unannounced, have been carried out by the competent authority or by a professional organisation authorised by that authority, during the first six months of the operating of the combustion plant, including the necessary temperature and emission measurements. After the results of those checks showed compliance with the requirements set out in points B(3), B(4) and B(5) for manure, and (D) for meat-and-bone meal and, where applicable, with point C(4) or point D(5) of Chapter V of Annex III to this Regulation, full approval can be granted.

(c) the combustion of meat-and-bone meal in combustion plants referred to in points A, B and C of Chapter V of Annex III to this Regulation shall not be authorised.]]

Textual Amendments

Article 7U.K.Landfilling of certain Category 1 and 3 materials

By way of derogation from Article 12 and Article 14(c) of Regulation (EC) No 1069/2009, the competent authority may authorise the disposal of the following Category 1 and 3 materials in an authorised landfill:

(a)

imported petfood or petfood produced from imported materials, from Category 1 material referred to in Article 8(c) of Regulation (EC) No 1069/2009;

(b)

Category 3 material referred to in Article 10(f) and (g) of Regulation (EC) No 1069/2009, provided that:

(i)

such materials have not been in contact with any of the animal by-products referred to in Articles 8 and 9 and Article 10(a) to (e) and (h) to (p) of that Regulation;

(ii)

at the time when they are destined for disposal, the materials:

  • referred to in Article 10(f) of that Regulation have undergone processing as defined in Article 2(1)(m) of Regulation (EC) No 852/2004, and

  • referred to in Article 10(g) of that Regulation have been processed in accordance with Chapter II of Annex X hereto or in accordance with the specific requirements for petfood set out in Chapter II of Annex XIII hereto; and

(iii)

the disposal of such materials does not pose a risk to public or animal health.

Article 8U.K.Requirements for processing plants and other establishments

1.Operators shall ensure that processing plants and other establishments under their control comply with the following requirements set out in Chapter I of Annex IV:

(a)the general conditions for processing set out in Section 1;

(b)the requirements for wastewater treatment set out in Section 2;

(c)the specific requirements for the processing of Category 1 and 2 materials set out in Section 3;

(d)the specific requirements for the processing of Category 3 materials set out in Section 4.

2.The competent authority shall only approve processing plants and other establishments, if they comply with the conditions laid down in Chapter I of Annex IV.

Article 9U.K.Hygiene and processing requirements for processing plants and other establishments

Operators shall ensure that establishments and plants under their control comply with the following requirements set out in Annex IV:

(a)

the hygiene and processing requirements set out in Chapter II;

(b)

the standard processing methods set out in Chapter III, provided such methods are used in the establishment or plant;

(c)

the alternative processing methods set out in Chapter IV, provided such methods are used in the establishment or plant.

Article 10U.K.Requirements regarding the transformation of animal by-products and derived products into biogas and composting

1.Operators shall ensure that establishments and plants under their control comply with the following requirements for the transformation of animal by-products and derived products into biogas or for composting set out in Annex V:

(a)the requirements applicable to biogas and composting plants set out in Chapter I;

(b)the hygiene requirements applicable to biogas and composting plants set out in Chapter II;

(c)the standard transformation parameters set out in Section 1 of Chapter III;

(d)the standards for digestion residues and compost set out in Section 3 of Chapter III.

2.The competent authority shall only approve biogas and composting plants, if they comply with the requirements laid down in Annex V.

3.The competent authority may authorise the use of alternative transformation parameters for biogas and composting plants subject to the requirements set out in Section 2 of Chapter III of Annex V.

CHAPTER IIIU.K. DEROGATIONS FROM CERTAIN PROVISIONS OF REGULATION (EC) No 1069/2009

Article 11U.K.Special rules on research and diagnostic samples

1.The competent authority may authorise the transport, use and disposal of research and diagnostic samples under conditions which ensure the control of the risks to public and animal health.

The competent authority shall in particular ensure that operators comply with the requirements of Chapter I of Annex VI.

2.Operators shall comply with the special rules on research and diagnostic samples set out in Chapter I of Annex VI.

F173.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 12U.K.Special rules on trade samples and display items

1.The competent authority may authorise the transport, use and disposal of trade samples and display items under conditions which ensure the control of the risks to public and animal health.

The competent authority shall in particular ensure that operators comply with the requirements of points 2, 3 and 4 of Section 1 of Chapter I of Annex VI.

2.Operators shall comply with the special rules on trade samples and display items set out in Section 2 of Chapter I of Annex VI.

F183.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 13U.K.Special feeding rules

1.Operators may feed Category 2 material to the following animals, provided that such material 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, subject to compliance with the general requirements laid down in Section 1 of Chapter II of Annex VI and any other conditions that may be laid down by the competent authority:

(a)zoo animals;

F19(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(d)dogs and cats in shelters;

[F5(e) maggots and worms for fishing bait;

(f) circus animals.]

2.Operators may feed Category 3 material to the following animals subject to compliance with the general requirements laid down in Section 1 of Chapter II of Annex VI and any other conditions that may be laid down by the competent authority:

(a)zoo animals;

F20(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(d)dogs and cats in shelters;

[F5(e) maggots and worms for fishing bait;

(f) circus animals.]

Textual Amendments

Article 14U.K.Feeding of certain species in and outside feeding stations and in zoos

1.The competent authority may authorise the use of Category 1 material consisting of entire bodies or parts of dead animals containing specified risk material for the feeding:

(a)in feeding stations, to endangered or protected species of necrophagous birds and other species living in their natural habitat, for the promotion of biodiversity, subject to compliance with the conditions set out in Section 2 of Chapter II of Annex VI;

(b)outside feeding stations, if appropriate without prior collection of the dead animals, to wild animals referred to point 1(a) of Section 2 of Chapter II of Annex VI, subject to compliance with the conditions set out in Section 3 of that Chapter.

2.The competent authority may authorise the use of Category 1 material consisting of entire bodies or parts of dead animals containing specified risk materials and the use of material derived from zoo animals for the feeding of zoo animals subject to compliance with the conditions set out in Section 4 of Chapter II of Annex VI.

Article 15U.K.Special rules on collection and disposal

[F5If 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:]

(a)

the special disposal rules for animal by-products set out in Section 1;

(b)

the rules for the burning and burial of animal by-products in remote areas set out in Section 2;

(c)

the rules for the burning and burial of bees and apiculture by-products set out in Section 3.

[F21By way of derogation from Article 14 of Regulation (EC) No 1069/2009, [F22nothing in this Regulation prevents the appropriate authority from authorising] the collection, transport and disposal of small quantities of Category 3 materials as referred to in Article 10(f) of that Regulation by means referred to in Article 19(1)(d) of that Regulation, subject to compliance with the requirements for disposal by other means set out in Chapter IV of Annex VI hereto.]

Textual Amendments

CHAPTER IVU.K. AUTHORISATIONS OF ALTERNATIVE METHODS

Article 16U.K.Standard format for applications for authorisation of alternative methods

1.Applications for authorisation of alternative methods of use or disposal of animal by-products or derived products, as referred to in Article 20(1) of Regulation (EC) No 1069/2009, shall be submitted by F23... interested parties in accordance with the requirements of the standard format for applications for alternative methods set out in Annex VII.

2.[F24The appropriate authority] shall designate national contact points to provide information on the competent authority responsible for evaluating applications for authorisation of alternative methods of use or disposal of animal by-products.

3.The [F25appropriate authority] shall publish a list of national contact points on its website.

Textual Amendments

CHAPTER VU.K. COLLECTION, TRANSPORT, IDENTIFICATION AND TRACEABILITY

Article 17U.K.Requirements regarding commercial documents and health certificates, identification, the collection and transport of animal by-products and traceability

1.Operators shall ensure that animal by-products and derived products:

(a)comply with the requirements for collection, transport and identification set out in Chapters I and II of Annex VIII;

(b)are accompanied during transport by commercial documents or health certificates in accordance with the requirements set out in Chapter III of Annex VIII.

2.Operators consigning, transporting or receiving animal by-products or derived products shall keep records of consignments and related commercial documents or health certificates in accordance with the requirements set out in Chapter IV of Annex VIII.

3.Operators shall comply with the requirements for the marking of certain derived products set out in Chapter V of Annex VIII.

CHAPTER VIU.K. REGISTRATION AND APPROVAL OF ESTABLISHMENTS AND PLANTS

Article 18U.K.Requirements regarding the approval of one or more establishments and plants handling animal by-products on the same site

The competent authority may grant approval to more than one establishment or plant handling animal by-products on the same site, provided that the transmission of risks to public and animal health between the establishments or plants is excluded by their layout and the handling of animal by-products and derived products within the establishments or plants.

Article 19U.K.Requirements concerning certain approved establishments and plants handling animal by-products and derived products

Operators shall ensure that establishments and plants under their control which have been approved by the competent authority, comply with the requirements set out in the following Chapters of Annex IX hereto where they carry out one or more of the following activities referred to Article 24(1) of Regulation (EC) No 1069/2009:

(a)

Chapter I, where they manufacture petfood as referred to in Article 24(1)(e) of that Regulation;

(b)

Chapter II, where they store animal by-products as referred to in Article 24(1)(i) of that Regulation and where they handle animal by-products after their collection, by way of the following operations referred to in Article 24(1)(h) of that Regulation:

(i)

sorting;

(ii)

cutting;

(iii)

chilling;

(iv)

freezing;

(v)

salting;

(vi)

preservation by other processes;

(vii)

removal of hides and skins or removal of specified risk material;

(viii)

operations involving the handling of animal by-products which are carried out in compliance with obligations under [F26veterinary legislation forming part of retained EU law];

(ix)

hygienisation/pasteurisation of animal by-products destined for transformation into biogas/composting, prior to such transformation or composting in another establishment or plant in accordance with Annex V hereto;

(x)

sieving;

(xi)

[F27phase transition processes of Category 3 materials, such as:

  • blood thermocoagulation,

  • blood centrifugation,

  • containment as set out in Chapter V to Annex IX hereto,

  • hydrolysing of hooves, pig bristles, feathers and hair

destined for processing with processing methods set out in this Regulation;]

(c)

[F28Chapter III, where they store derived products for certain intended purposes as referred to in Article 24(1)(j) of that Regulation;

(d)

[F29Chapter V, where they store on the farm animal by-products as referred to in point (h) or (i) of Article 24(1) of that Regulation, provided that unprocessed animal by-products are subsequently disposed of as referred to in Article 4 of that Regulation;]]

(e)

[F27Where the operations referred to in points (i) to (vii) and (xi) of point (b) take place on the site of the approved establishment or plant referred to in Article 26(1) of Regulation (EC) No 1069/2009 generating those materials, the competent authority may authorise the operation without registration in accordance with Article 23 or approval in accordance with Article 24(1)(h) of that Regulation, provided that the animal by-products are stored, transported and disposed of or used as unprocessed animal by-products in accordance with Regulation (EC) No 1069/2009.]

Textual Amendments

Article 20U.K.Requirements concerning certain registered establishments and plants handling animal by-products and derived products

1.Operators of registered plants or establishments or other registered operators shall handle animal by-products and derived products under the conditions set out in Chapter IV of Annex IX.

2.Registered operators transporting animal by-products or derived products, other than between premises of the same operator, shall in particular comply with the conditions set out in point 2 of Chapter IV of Annex IX.

3.Paragraphs 1 and 2 shall not apply to:

(a)approved operators who are transporting animal by-products or derived products as an ancillary activity;

(b)operators who have been registered for transport activities in accordance with Regulation (EC) No 183/2005.

[F304. The competent authority may exempt the following operators from the obligation to notify, referred to in Article 23(1)(a) of Regulation (EC) No 1069/2009:

(a) operators handling or generating game trophies or other preparations referred to in Chapter VI of Annex XIII hereto for private or non-commercial purposes;

(b) operators handling or disposing research and diagnostic samples for educational purposes;

[F31(c) operators transporting dry untreated wool and hair, provided they are securely enclosed in packaging, and directly dispatched to a plant producing derived products for uses outside the feed chain or to a plant carrying out intermediate operations, under conditions which prevent the spreading of pathogenic agents;]

[F28(d) operators using small quantities of Categories 2 and 3 materials referred to in Articles 9 and 10 of Regulation (EC) No 1069/2009 or of products derived therefrom, for the purpose of direct supply of the products within the region to the final user, on the local market or to local retail establishments, if the competent authority does not consider such activity to present a risk of spreading any serious transmissible disease to humans or animals; this point shall not apply where those materials are used as feed for farmed animals other than fur animals;]

[F21(e) users of organic fertilisers or soil improvers at premises where farmed animals are not kept;

(f) operators handling and distributing organic fertilisers or soil improvers exclusively in ready-to-sell retail packaging of not more than 50 kg in weight for uses outside the feed and food chain.] ]

Textual Amendments

[F32 Article 20a U.K. Lists of establishments, plants and operators F33...

The competent authority F34... shall ensure that up-to-date lists of establishments, plants and operators, referred to in the first subparagraph of Article 47(1) of Regulation (EC) No 1069/2009 are:

(a)

drawn up in accordance with the technical specifications published on the [F35website of the relevant appropriate authority];

(b)

either entered in [F36the appropriate computerised information management system] or accessible by means of [F36the appropriate computerised information management system] as of 31 October 2021 at the latest.]

Textual Amendments

CHAPTER VIIU.K.PLACING ON THE MARKET

Article 21U.K.Processing and placing on the market of animal by-products and derived products for feeding to farmed animals, excluding fur animals

1.Operators shall comply with the following requirements for the placing on the market, other than the import [F37from a third country], of the animal by-products and derived products destined for feeding to farmed animals excluding fur animals, as provided for in Article 31(2) of Regulation (EC) No 1069/2009, set out in Annex X hereto:

(a)the general requirements for the processing and the placing on the market set out in Chapter I;

(b)the specific requirements for processed animal proteins and other derived products set out in Chapter II;

(c)the requirements for certain fish feed and fishing baits set out in Chapter III.

2.The competent authority may authorise the placing on the market, other than the import [F38from a third country], of milk, milk-based products and milk-derived products categorised as Category 3 material in accordance with Article 10(e), (f) and (h) of Regulation (EC) No 1069/2009 and which have not been processed in accordance with the general requirements set out in Part I of Section 4 of Chapter II of Annex X hereto, provided that those materials comply with the requirements for the derogation for the placing on the market of milk processed in accordance with national standards set out in Part II of that Section.

F39 3.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 22U.K.Placing on the market and use of organic fertilisers and soil improvers

1.Operators shall comply with the requirements for the placing on the market, other than the import [F40from a third country], of organic fertilisers and soil improvers, and the use of such products, in particular their application to land, as provided for in Articles 15(1)(i) and 32(1) of Regulation (EC) No 1069/2009, set out in Annex XI hereto.

[F282. The placing on the market of the following is not subject to any animal health conditions:

(a) guano from wild sea birds, collected in the [F41British Islands] or imported from third countries;

(b) ready-to-sell growing media, other than that imported [F42from a third country], with a content of less than:

(i)

5 % in volume of derived products of Category 3 material or of Category 2 material other than processed manure;

(ii)

50 % in volume of processed manure.]

3.The competent authority of the [F43constituent nation] where an organic fertiliser or a soil improver, which has been produced from meat-and-bone meal derived from Category 2 material or from processed animal protein, is to be applied to land, shall authorise one or more components which are to be mixed with those materials, in accordance with Article 32(1)(d) of Regulation (EC) No 1069/2009, according to the criteria set out in point 3 of Section 1 of Chapter II of Annex XI hereto.

F444.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.As provided for in Article 30(1) of Regulation (EC) No 1069/2009, the competent [F45authority] shall encourage, where necessary, the development, dissemination and use of national guides for good agricultural practice for the application of organic fertilisers and soil improvers to land.

Textual Amendments

Article 23U.K.Intermediate products

1.Intermediate products, imported [F46from a third country] into or in transit through [F47Great Britain] shall comply with the conditions controlling potential risks to public and animal health referred to in Annex XII hereto.

2.Intermediate products which have been transported to an establishment or plant referred to in point 3 of Annex XII hereto, may be handled without further restrictions under Regulation (EC) No 1069/2009 and under this Regulation, provided that:

(a)the establishment or plant has adequate facilities for the receipt of the intermediate products, which prevent the transmission of diseases communicable to humans or animals;

(b)the intermediate products do not pose any risk of transmission of diseases communicable to humans or animals, due to their purification or to other treatments to which the animal by-products in the intermediate product have been submitted, due to the concentration of animal by-products in the intermediate product or due to adequate bio-security measures for the handling of the intermediate products;

(c)the establishment or plant keeps records on the amount of materials received, their category, if applicable, and the establishment, plant or operator to whom they have supplied their products; and

(d)unused intermediate products or other surplus materials from the establishment or plant, such as expired products, are disposed of in accordance with Regulation (EC) No 1069/2009.

[F283. The operator or owner of the establishment or plant of destination of intermediate products or his representative shall use and/or dispatch the intermediate products exclusively for use in manufacturing according to the definition of intermediate products under Point 35 of Annex I.]

Textual Amendments

Article 24U.K.Petfood and other derived products

1.The use of Category 1 material referred to in Article 8(a),(b), (d) and (e) of Regulation (EC) No 1069/2009 for the manufacture of derived products which are intended to be ingested by or applied to humans or animals, other than for derived products referred to in Articles 33 and 36 of that Regulation shall be prohibited.

2.Where an animal by-product or a derived product may be used for feeding to farmed animals or for other purposes referred to in Article 36(a) of Regulation (EC) No 1069/2009, they shall be placed on the market, other than imported [F48from a third country], in accordance with the specific requirements for processed animal protein and other derived products set out in Chapter II of Annex X hereto, provided that Annex XIII hereto does not set out any specific requirements for such products.

3.Operators shall comply with the requirements for the placing on the market, other than the import [F49from a third country], of petfood, as referred to in Article 40 of Regulation (EC) No 1069/2009, set out in Chapters I and II of Annex XIII hereto.

4.Operators shall comply with the requirements for the placing on the market, other than the import [F50from a third country], of derived products, as referred to in Article 40 of Regulation (EC) No 1069/2009, set out in Chapter I and Chapters III to XII of Annex XIII hereto.

Textual Amendments

CHAPTER VIIIU.K.IMPORT, TRANSIT AND EXPORT

[F51Article 24AU.K.Special transitional import arrangements

The requirements of this Chapter and Annexes 8 and 12 to 16 are subject to the special transitional import arrangements set out in Schedule 5 to the England Trade Regulations or equivalent provisions in the Wales Trade Regulations or the Scotland Trade Regulations and Annex 6 to the Official Controls Regulation.]

Textual Amendments

Article 25U.K.Import [F52from a third country], transit and export of animal by-products and of derived products

1.The importation [F53from a third country] into and the transit through [F54Great Britain] of the following animal by-products shall be prohibited:

(a)unprocessed manure;

(b)untreated feathers and parts of feathers and down;

(c)beeswax in the form of honeycomb.

[F302. The importation [F55from a third country] into and the transit through [F56Great Britain] of the following shall not be subject to any animal health conditions:

(a) wool and hair which has been factory-washed or which has been treated by another method which ensures that no unacceptable risks remain;

(b) furs which have been dried at an ambient temperature of 18 °C for a period of at least two days at a humidity of 55 %;

(c) wool and hair produced from animals other than those of the porcine species, which has been treated by factory-washing which consisting of the immersion of the wool and hair in series of baths of water, soap and sodium hydroxide or potassium hydroxide;

(d) wool and hair produced from animals other than those of the porcine species, which is dispatched directly to a plant producing derived products from wool and hair for the textile industry and has been treated by at least one of the following methods:

  • (d) chemical depilation by means of slaked lime or sodium sulphide,

  • fumigation in formaldehyde in a hermetically sealed chamber for at least 24 hours,

  • industrial scouring which consists of the immersion of wool and hair in a water-soluble detergent held at 60–70 °C,

  • storage, which may include the journey time, at 37 °C for eight days, 18 °C for 28 days or 4 °C for 120 days;

(e) wool and hair that is dry and securely enclosed in packaging, produced from animals other than those of the porcine species, which is intended for dispatch to a plant producing derived products from wool and hair for the textile industry and meets all of the following requirements:

(i)

it was produced at least 21 days before the date of entry into [F57Great Britain and kept in the British Islands or a third country] or region thereof which is

  • listed in Part 1 of Annex II to Regulation (EU) No 206/2010 and authorised for imports into [F58Great Britain] of fresh meat of ruminants not subject to supplementary guarantees A and F mentioned therein,

  • free of foot-and-mouth disease, and, in the case of wool and hair from sheep and goats, of sheep pox and goat pox in accordance with the basic general criteria listed in Annex II to Directive 2004/68/EC;

(ii)

it is accompanied by a importers' declaration as required in accordance with [F59the model made available or published for the time being by the appropriate authority];

(iii)

it was presented by the operator to one of the approved [F60Great Britain] [F1border control post]s listed in [F61accordance with Commission Implementing Regulation (EU) 2019/1014 to lay down detailed rules on minimum requirements for border control posts, including inspection centres, and for the format, categories and abbreviations to use for listing border control posts and control points] where it passed with satisfactory result the documentary check carried out in accordance with [F62Article 49(1) of the Official Controls Regulation].]

3.Operators shall comply with the following specific requirements for the importation [F63from a third country] into and the transit through [F64Great Britain] of certain animal by-products and derived products, as referred to in Articles 41(3) and 42 of Regulation (EC) No 1069/2009, set out in Annex XIV hereto:

(a)the specific requirements for the import and transit of Category 3 material and derived products for uses in the feed chain, other than for petfood or feed to fur animals, set out in Chapter I of that Annex;

(b)the specific requirements for the import and transit of animal by-products and derived products for uses outside the feed chain for farmed animals, set out in Chapter II of that Annex [F65;]

[F66(c) the specific requirements for animal by-products and derived products originating from, and returning to, [F67Great Britain] following a refusal of entry by a third country, set out in Chapter VI of that Annex.]

[F684. The rules set out in Chapter V of Annex XIV shall apply to exports from [F69Great Britain] of the derived products specified therein.]

Textual Amendments

Article 26U.K.Placing on the market, including importation, and export of certain Category 1 materials

The competent authority may authorise the placing on the market, including the importation, and the export of hides and skins derived from animals which have been submitted to an illegal treatment as defined in Article 1(2)(d) of Directive 96/22/EC [F70, reading that Article as if for references to “Community legislation” there were substituted references to “retained EU law], and of ruminant intestines with or without content and of bones and bone products containing vertebral column and skull, subject to compliance with the following requirements:

(a)

those materials must not be Category 1 materials derived from any of the following animals:

(i)

animals suspected of being infected by a TSE in accordance with Regulation (EC) No 999/2001;

(ii)

animals in which the presence of a TSE has been officially confirmed;

(iii)

animals killed in the context of TSE eradication measures;

(b)

those materials must not be intended for any of the following uses:

(i)

feeding;

(ii)

application to land from which farmed animals are fed;

(iii)

the manufacture of:

  • cosmetic products as defined in [F71Article 2(1)(a) of Regulation (EC) No 1223/2009];

  • active implantable medical devices as defined in Article 1(2)(c) of Directive 90/385/EEC;

  • medical devices as defined in Article 1(2)(a) of Directive 93/42/EEC;

  • in vitro diagnostic medical devices as defined in Article 1(2)(b) of Directive 98/79/EC;

  • veterinary medicinal products as defined in Article 1(2) of Directive 2001/82/EC;

  • medicinal products as defined in Article 1(2) of Directive 2001/83/EC;

(c)

the materials must be imported with a label and must comply with the specific requirements for certain movements of animal by-products set out in Section 1 of Chapter IV of Annex XIV hereto;

(d)

the materials must be imported in accordance with sanitary certification requirements laid down in national legislation [F65;]

(e)

[F66the materials originating from [F72Great Britain] and returning to [F73Great Britain] following a refusal of entry by a third country, must comply with the specific requirements set out in Chapter VI of Annex XIV.]

Textual Amendments

Article 27U.K.Importation [F74from a third country] and transit of research and diagnostic samples

1.The competent authority may authorise the importation [F75from a third country] and the transit of research and diagnostic samples, comprising derived products or animal by-products, including the animal by-products referred to in Article 25(1), in accordance with conditions which ensure the control of risks to public and animal health.

Such conditions shall include at least the following:

(a)the introduction of the consignment must have been authorised in advance by the competent authority of the [F76constituent nation] of destination; and

(b)the consignment must be sent directly from the point of entry into [F77Great Britain] to the authorised user.

F782.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.Operators handling research samples or diagnostic samples [F79from a third country] shall comply with the special requirements for disposal of research and diagnostic samples set out in Section 1 of Chapter III of Annex XIV hereto.

Textual Amendments

Article 28U.K.Importation [F80from a third country] and transit of trade samples and display items

1.The competent authority may authorise the importation [F81from a third country] and the transit of trade samples in accordance with the special rules set out in point 1 of Section 2 of Chapter III of Annex XIV hereto.

2.Operators handling trade samples [F82from a third country] shall comply with the special rules for handling and disposal of trade samples set out in points 2 and 3 of Section 2 of Chapter III of Annex XIV hereto.

3.The competent authority may authorise the importation [F83from a third country] and the transit of display items in accordance with the special rules for display items set out in Section 3 of Chapter III of Annex XIV hereto.

4.Operators handling display items [F84from a third country] shall comply with the conditions for packaging, handling and disposal of display items set out in Section 3 of Chapter III of Annex XIV hereto.

Textual Amendments

F85Article 29U.K.Specific requirements for certain movements of animal by-products between territories of the Russian Federation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F86 Article 29a U.K. Specific requirements for transit through Croatia of animal by-products coming from Bosnia and Herzegovina and destined to third countries

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 30U.K.Lists of establishments and plants in third countries

Lists of establishments and plants in third countries shall be entered into [F87the appropriate computerised information management system] in accordance with technical specifications which are published by the [F88appropriate authority] on its website.

Each list shall be kept up to date regularly.

F89...

Textual Amendments

Article 31U.K.Models of health certificates and declarations for importation [F90from a third country] and transit

Consignments of animal by-products and derived products for importation [F91from a third country] into or transit through [F92Great Britain] shall be accompanied by health certificates and declarations, in accordance with the models [F93made available or published for the time being by the appropriate authority], at the point of entry into [F92Great Britain] where the veterinary checks take place, as provided for in [F94the Official Controls Regulation].

[F66By way of derogation from the first paragraph, animal by-products and derived products originating from, and returning to, [F95Great Britain] following a refusal of entry by a third country, must comply with the specific requirements set out in Chapter VI of Annex XIV.]

Textual Amendments

CHAPTER IXU.K. OFFICIAL CONTROLS

Article 32U.K.Official controls

1.The competent authority shall take the necessary measures to control the entire chain of collection, transport, use and disposal of animal by-products and derived products, as referred to in Article 4(2) of Regulation (EC) No 1069/2009.

Those measures shall be carried out in accordance with the principles for official controls laid down in Article [F969 of the Official Controls Regulation].

2.The official controls referred to in paragraph 1 shall include checks on the keeping of records and other documents required by the rules laid down in this Regulation.

3.The competent authority shall carry out the following official controls, as referred to in Article 45(1) of Regulation (EC) No 1069/2009, in accordance with the requirements set out in Annex XVI hereto:

(a)official controls in processing plants as set out in Chapter I;

(b)official controls of other activities which involve the handling of animal by-products, and derived products as set out in Sections 1 to 9 of Chapter III.

4.The competent authority shall carry out checks on seals which are applied to consignments of animal by-products or derived products.

When the competent authority applies a seal to such consignment which is transported to a place of destination, it must inform the competent authority of the place of destination.

5.The competent authority [F97of each constituent nation] shall draw up the lists of establishments, plants and operators [F98in its constituent nation] referred to in Article 47(1) of Regulation (EC) No 1069/2009 in accordance with the format set out in Chapter II of Annex XVI hereto.

F996.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F99 7.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 33U.K.Reapproval of plants and establishments after the grant of a temporary approval

1.Where a plant or establishment approved for the processing of Category 3 material is subsequently granted temporary approval for the processing of Category 1 or Category 2 material, in accordance with Article 24(2)(b)(ii) of Regulation (EC) No 1069/2009, it shall be prohibited from recommencing the processing of Category 3 material, without first obtaining the approval of the competent authority to recommence processing of Category 3 material in accordance with Article 44 of that Regulation.

2.Where a plant or establishment approved for the processing of Category 2 material is subsequently granted temporary approval for the processing of Category 1 material, in accordance with Article 24(2)(b)(ii) of Regulation (EC) No 1069/2009, it shall be prohibited from recommencing the processing of Category 2 material, without first obtaining the approval of the competent authority to recommence processing of Category 2 material in accordance with Article 44 of that Regulation.

CHAPTER XU.K. FINAL PROVISIONS

Article 34U.K.Restrictions on the placing on the market of certain animal by-products and derived products for reasons of public and animal health

The competent authority shall not prohibit or restrict the placing on the market of the following animal by-products and derived products for public health or animal health reasons other than the rules laid down in [F100retained EU law], and in particular those laid down in Regulation (EC) No 1069/2009 and in this Regulation:

(a)

processed animal protein and other derived products referred to in Chapter II of Annex X hereto;

(b)

petfood and certain other derived products referred to in Annex XIII hereto;

(c)

animal by-products and the derived products imported into or in transit through [F101Great Britain] as referred to in Annex XIV hereto.

Textual Amendments

Article 35U.K.Repeal

1.The following acts are repealed:

(a)Regulation (EC) No 811/2003;

(b)Decision 2003/322/EC;

(c)Decision 2003/324/EC;

(d)Regulation (EC) No 878/2004;

(e)Decision 2004/407/EC;

(f)Regulation (EC) No 79/2005;

(g)Regulation (EC) No 92/2005;

(h)Regulation (EC) No 181/2006;

(i)Regulation (EC) No 197/2006;

(j)Regulation (EC) No 1192/2006;

(k)Regulation (EC) No 2007/2006.

2.References to the repealed acts shall be construed as references to this Regulation.

F102Article 36U.K.Transitional measures

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 37U.K.

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

It shall apply from 4 March 2011.

F103...

Textual Amendments

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