Article 1 Derogation
By way of derogation to point 4 of Chapter IV of Annex II to Regulation (EC) No 852/2004, liquid oils or fats which are intended for or likely to be used for human consumption (‘oils or fats’) may be transported in seagoing vessels which are not reserved for the transport of foodstuffs subject to compliance with the conditions laid down in Articles 2 and 3 of this Regulation.

Article 2 Conditions for derogation
1 The freight carried preceding the oils and fats in the same equipment in a seagoing vessel (hereafter called the ‘previous cargo’) shall consist of a substance or a mixture of substances listed in the Annex to this Regulation.
2 The bulk transport in seagoing vessels of liquid oils or fats which are to be processed shall be permitted in tanks that are not exclusively reserved for the transport of foodstuffs, subject to the following conditions:
(a) where the oils or fats are transported in a stainless steel tank, or tank lined with epoxy resin or technical equivalent, the immediately previous cargo shall have been:
(i) a foodstuff; or
(ii) a cargo from the list of acceptable previous cargoes set out in the Annex;
or
(b) where the oils or fats are transported in a tank made of materials other than those referred to in point (a), the three previous cargoes transported in the tank shall have been:
(i) foodstuffs; or
(ii) a cargo from the list of acceptable previous cargoes set out in the Annex.
3 The bulk transport in seagoing vessels of oils or fats which are not to be further processed shall be permitted in tanks that are not exclusively reserved for the transport of foodstuffs, subject to the following conditions:
(a) the tank shall be:
(i) of stainless steel; or
(ii) lined with epoxy resin or technical equivalent;
and
(b) the three previous cargoes transported in the tank shall have been foodstuffs.

Article 3 Record keeping
1 The captain of the seagoing vessel transporting, in tanks, bulk oils and fats shall keep accurate documentary evidence relating to the three preceding cargoes carried in the tanks concerned, and the effectiveness of the cleaning process applied between those cargoes.
2 Where the cargo has been transhipped, in addition to the documentary evidence required in paragraph 1, the captain of the receiving seagoing vessel shall keep accurate documentary evidence that the transport of the bulk oils or fats complied with the conditions laid down in Article 2 during the previous shipment and of the effectiveness of the cleaning process used between those cargoes on the other vessel.
3 Upon request, the captain of the seagoing vessel shall provide the competent authority with the documentary evidence provided for in paragraphs 1 and 2.

Article 4 Repeal
Directive 96/3/EC is repealed.
Article 5 This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.