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COMMISSION IMPLEMENTING REGULATION 锛圗U锛� No 1097/2012
of 23 November 2012
amending Regulation 锛圗U锛� No 142/2011 implementing Regulation 锛圗C锛� 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 as regards dispatch of animal by-products and derived products between Member States
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation 锛圗C锛� No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation 锛圗C锛� No 1774/2002 锛� 1 锛夛紝 and in particular Article 21锛�5锛夛紙a锛� and Articles 23锛�3锛� and 48锛�2锛� thereof,
Whereas:
锛�1锛� Regulation 锛圗C锛� No 1069/2009 lays down public and animal health rules for animal by-products and derived products, in order to prevent and minimise risks to public and animal health arising from those products. It also provides rules for placing on the market of animal by-products and derived products.
锛�2锛� Commission Regulation 锛圗U锛� No 142/2011 of 25 February 2011 implementing Regulation 锛圗C锛� 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
锛� 2 锛夛紝 lays down implementing rules for Regulation 锛圗C锛� No 1069/2009, including rules on the registration of operators, the content of commercial documents which accompany consignments of animal by-products and derived products in trade between Member States and the layout of the notification form which must be provided for certain animal by-products and derived products pursuant to Article 48锛�1锛� of Regulation 锛圗C锛� No 1069/2009.
锛�3锛� Pursuant to Regulation 锛圗C锛� No 1069/2009, operators are to ensure that animal by-products and derived products are traceable at all stages of the chain of collecting, manufacturing, use and disposal, so as to avoid unnecessary disruptions of the internal market in the case of events which are linked to actual or potential risks to public or animal health.
锛�4锛� Operators must ensure that activities covered by the scope of animal by-products legislation are registered or approved. However, handling of small quantities of Categories 2 and 3 materials may present negligible risk if they originate from areas where no transmissible disease to humans or animals has been notified. Member States should therefore be authorised to allow particular activities without registration as provided for in Article 23 of Regulation 锛圗C锛� No 1069/2009. Such a derogation must be limited only to activities concerning the direct supply of the products within the region to the final user, on the local market or to local retail establishments.
锛�5锛� Each consignment of animal by-products or derived products to be traded between Member States is to be accompanied by a commercial document. However, it is necessary to amend and extend current requirements on the commercial document to ensure that it includes all necessary information on the safe handling, treatment and intended use or disposal of the concerned material.
锛�6锛� On the commercial document operators must specify certain information on the consignment, in particular the category of animal by-products or derived products, nature of commodity and type of treatment. According to Article 3 of Regulation 锛圗U锛� No 142/2011 there is no need to issue a commercial document for derived products which have been declared as the end point in the manufacturing chain. Also a reference to processing standards in Regulation 锛圗C锛� No 853/2004 of the European Parliament and of the Council 锛� 3 锛� may be removed. Annex VIII to Regulation 锛圗U锛� No 142/2011 should therefore be amended.
锛�7锛� Several animal by-products and derived products referred to in Article 48锛�1锛� of Regulation 锛圗C锛� No 1069/2009 must be authorised in advance by the competent authority of the Member State of destination upon application
by the operator. Annex XVI to Regulation 锛圗U锛� No 142/2011 sets out a standard format for the authorisation
of the dispatch of animal by-products and derived products to another Member State. That formatEN 24.11.2012 Official Journal of the European Union L 326/3
锛� 1 锛� OJ L 300, 14.11.2009, p. 1.
锛� 2 锛� OJ L 54, 26.2.2011, p. 1.
锛� 3 锛� OJ L 139, 30.4.2004, p. 55.
should be amended to include information on the end date of validity of authorisations, the volume or mass of the consignment, the name and address of the consignor, the origin of the animal by-products and the place of destination of the consignment. Annex XVI to Regulation 锛圗U锛� No 142/2011 should therefore be amended.
锛�8锛� Regulation 锛圗U锛� No 142/2011 should therefore be amended accordingly.
锛�9锛� The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation 锛圗U锛� No 142/2011 is amended as follows:
锛�1锛� in Article 20, point 锛坈锛� of paragraph 4 is replaced by the following:
'锛坈锛� 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;
锛坉锛� operators using small quantities of Categories 2 and 3 materials referred to in Articles 9 and 10 of Regulation 锛圗C锛� 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.';
锛�2锛� Annexes VIII and XVI are amended in accordance with the text in the Annex to this Regulation.
Article 2
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.
鍘熸枃閾炬帴锛�<http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:326:0003:0010:EN:PDF>
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