Regulation (EC) No 1774/2002 of the European Parliament and of the Council (repealed)Show full title

CHAPTER I U.K. GENERAL PROVISIONS

Article 1 U.K. Scope

1. This Regulation lays down animal and public health rules for:

(a) the collection, transport, storage, handling, processing and use or disposal of animal by-products, to prevent these products from presenting a risk to animal or public health;

(b) the placing on the market and, in certain specific cases, the export and transit of animal by-products and those products derived therefrom referred to in Annexes VII and VIII.

2. This Regulation shall not apply to:

(a) raw petfood originating from retail shops or in premises adjacent to sale points, where the cutting and storage are performed solely for the purpose of supplying the consumer directly on the spot;

(b) liquid milk and colostrum disposed of or used on the farm of origin;

(c) entire bodies or parts of wild animals not suspected of being infected with diseases communicable to humans or animals, except for fish landed for commercial purposes and bodies or parts of wild animals used to produce game trophies;

(d) raw petfood for use on site derived from animals slaughtered on the farm of origin for use as foodstuffs by the farmer and his family only, in accordance with national legislation;

(e) catering waste, unless:

(i)

from means of transport operating internationally,

(ii)

destined for animal consumption, or

(iii)

destined for use in a biogas plant or for composting;

(f) ova, embryos and semen intended for breeding purposes; and

(g) transit by sea or by air.

3. This Regulation shall not affect veterinary legislation having as its objective the eradication and control of certain diseases.

Article 2 U.K. Definitions

1. For the purpose of this Regulation, the following definitions shall apply:

(a) animal by-products

:

entire bodies or parts of animals or products of animal origin referred to in Articles 4, 5 and 6 not intended for human consumption, including ova, embryos and semen;

(b) Category 1 material

:

animal by-products referred to in Article 4;

(c) Category 2 material

:

animal by-products referred to in Article 5;

(d) Category 3 material

:

animal by-products referred to in Article 6;

(e) animal

:

any vertebrate or invertebrate animal (including fish, reptiles and amphibians);

(f) farmed animal

:

any animal that is kept, fattened or bred by humans and used for the production of food (including meat, milk and eggs), wool, fur, feathers, skins or any other product of animal origin;

(g) wild animal

:

any animal not kept by humans;

(h) pet animal

:

any animal belonging to species normally nourished and kept, but not consumed, by humans for purposes other than farming;

(i) competent authority

:

the central authority of a Member State competent to ensure compliance with the requirements of this Regulation or any authority to which that central authority has delegated that competence, in particular for the control of feedingstuffs; it shall also include, where appropriate, the corresponding authority of a non-member country;

(j) placing on the market

:

any operation the purpose of which is to sell animal by-products, or products derived therefrom covered by this Regulation, to a third party in the Community or any other form of supply against payment or free of charge to such a third party or storage with a view to supply to such a third party;

(k) trade

:

trade between Member States in goods within the meaning of Article 23(2) of the Treaty;

(l) transit

:

a movement through the Community from one non-member country to another;

(m) producer

:

any person whose activity produces animal by-products;

(n) TSEs

:

all transmissible spongiform encephalopathies, except those occurring in humans;

(o) specified risk material

:

material referred to in Annex V to Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies(1).

2. The specific definitions set out in Annex I shall also apply.

Article 3 U.K. General obligations

1. Animal by-products, and products derived therefrom, shall be collected, transported, stored, handled, processed, disposed of, placed on the market, exported, carried in transit and used in accordance with this Regulation.

[F1 2. However, Member States may regulate under national law the importation and placing on the market of products not referred to in Annexes VII and VIII, pending the adoption of a decision by the Commission. That measure, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 33(3). Member States shall immediately inform the Commission of the use that they make of this possibility.]

3. Member States shall, either individually or cooperatively, ensure that adequate arrangements are in place, and that a sufficient infrastructure exists, to ensure compliance with the requirement of paragraph 1.

Textual Amendments

F1 Substituted by Regulation (EC) No 596/2009 of the European Parliament and of the Council of 18 June 2009 adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutiny Adaptation to the regulatory procedure with scrutiny — Part Four.

(1)

OJ L 147, 31.5.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 1326/2001 (OJ L 177, 30.6.2001, p. 60).