Regulation (EC) No 92/2005 is amended as follows:

1. 1.

   In Article 4, paragraphs 1, 2 and 3 are replaced by the following:

   ‘1.

   Materials resulting from the processing of Category 1 and 2 materials, except biodiesel produced in accordance with Annex IV, shall be permanently marked in accordance with points 10 to 13 of Chapter I of Annex VI to Regulation (EC) No 1774/2002.

   2.

   Materials resulting from the treatment of Category 1 material shall be disposed of by at least one of the following methods:

   (a)

   incineration or co-incineration in accordance with the provisions of Directive 2000/76/EC;

   (b)

   burial in a landfill for which a permit has been issued in accordance with Council Directive 1999/31/EC;

   (c)

   further transformation in a biogas plant and disposal of the digestion residues as provided for in points (a) or (b); or

   (d)

   in the case of biodiesel produced in accordance with Annex IV, combustion as a fuel.

   3.

   Materials resulting from the treatment of Category 2 or 3 materials shall be:

   (a)

   disposed of as provided for in paragraph 2 (a) or (b);

   (b)

   further processed into fat derivatives for the uses referred to in Article 5(2)(b)(ii) of Regulation (EC) No 1774/2002, without the prior use of processing methods 1 to 5;

   (c)

   used, transformed or disposed of directly as provided for in Article 5(2)(c)(i), (ii) and (iii) of Regulation (EC) No 1774/2002, without the prior use of processing method 1;

   (d)

   in the case of materials other than biodiesel resulting from the biodiesel production process as defined in Annex IV, used for the production of technical products; or

   (e)

   in the case of biodiesel produced in accordance with Annex IV, used as provided for in paragraph 2 (d).’

2. 2.

   Article 5 is replaced by the following:

   ‘Article 5Additional surveillance on initial implementation

   1.

   The following provisions shall apply for the first two years of implementation of the following processes for the treatment of Category 1 material:

   (a)

   alkaline hydrolysis as defined in Annex I;

   (b)

   high pressure hydrolysis biogas as defined in Annex III;

   (c)

   biodiesel production process as defined in Annex IV.

   2.

   The operator or supplier of the process shall designate a plant in at least one Member State where, at least annually, tests shall be undertaken to reconfirm the efficacy of the process with regard to animal and public health.

   3.

   The competent authority of the Member State referred to in paragraph 2 shall ensure that:

   (a)

   suitable tests are applied in the plant to the materials derived from the treatment steps, such as the liquid and solid residues, and any gas generated during the process;

   (b)

   the official control of the plant includes a monthly inspection of the plant and a verification of the processing parameters and conditions applied; and

   (c)

   the results of the official controls which have been carried out are made available to other Member States.’