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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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Animal by-products intended for the manufacture of feed for fur animals, petfood, other than raw petfood, and for derived products for uses outside the feed chain for farmed animals may be imported provided that:
the animal by-products have been deep-frozen at the plant of origin or have been preserved in accordance with Union legislation in such a way to prevent spoiling between dispatch and delivery to the establishment or plant of destination;
the animal by-products have undergone all precautions to avoid contamination with pathogenic agents;
the animal by-products were packed in new packaging preventing any leakage or in packaging which has been cleaned and disinfected before use;
following the veterinary checks provided for in Directive 97/78/EC, and in accordance with the conditions laid down in Article 8(4) of that Directive, the animal by-products are transported directly either to:
a petfood plant or to a registered establishment or plant of destination, which has provided a guarantee that the animal by-products shall be used only for the purpose of producing the products for which it has been registered or approved, as applicable, as specified by the competent authority if necessary, and shall not leave the establishment or plant untreated other than for direct disposal;
an establishment or plant which has been approved in accordance with Article 24(1)(h) of Regulation (EC) No 1069/2009;
a registered user or collection centre, which has provided a guarantee that the animal by-products shall be used only for permitted purposes, as specified by the competent authority if necessary; or
an establishment or plant which has been approved in accordance with Article 24(1)(a) of Regulation (EC) No 1069/2009; and
in the case of raw material for petfood production referred to in Article 35(a)(ii) of Regulation (EC) No 1069/2009, the raw material shall:
be marked in the third country before entry into the Union by a cross of liquefied charcoal or activated carbon, on each outer side of each frozen block, or, when the raw material is transported in pallets which are not divided into separate consignments during transport to the petfood plant of destination, on each outer side of each pallet, in such a way that the marking covers at least 70 % of the diagonal length of the side of the frozen block and is at least 10 cm in width;
in the case of material which is not frozen, be marked in the third country before entry into the Union by spraying it with liquefied charcoal or by applying charcoal powder in such a way that the charcoal is clearly visible on the material;
be transported directly to:
the petfood plant of destination in accordance with point 4(a); or
an establishment or plant of destination which has been approved in accordance with Article 24(1)(h) of Regulation (EC) No 1069/2009, in accordance with point 4(b) of this Section and from there directly to the petfood plant referred to under (i), provided that the plant of destination:
only handles material covered by this point 5.1, or
only handles material destined for a petfood plant as referred to under (i); and
be manipulated to remove the marking provided for in points (a) and (b) only in the petfood plant of destination and only immediately prior to use of the material for the manufacture of petfood, in accordance with the conditions applicable to petfood produced from Category 3 material set out in Chapter II of Annex XIII;
in the case of consignments made up of raw material, which has been treated as referred to in point 5.1 above and other non-treated raw material, all the raw materials in the consignment have been marked as laid down in point 5.1(a) and (b) above;
the marking referred to in point 5.1(a) and (b) and point 5.2 remains visible from the dispatch and until the delivery to the petfood plant of destination;
In the petfood plant of destination, raw material for petfood production referred to in Article 35(a)(ii) of Regulation (EC) No 1069/2009 shall be stored before production, used and disposed of under conditions authorised by the competent authority, which allow official controls on the amounts of material received, used for production and disposed of, if applicable.
The competent authority may authorise the operator of the petfood plant to store such materials together with Category 3 material.
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