EUROPEAN COMMISSION HEALTH AND CONSUMERS DIRECTORATE-GENERAL Directorate G – Veterinary and International Affairs Unit G2 - Animal Health SANCO/7129/2013 WORKING DOCUMENT STANDING COMMITTEE ON THE FOOD CHAIN AND ANIMAL HEALTH Section "Animal Health and Welfare" 7 October 2013 Information on imports from third countries of Used Cooking Oils and blood and blood products This document does not necessarily represent the views of the Commission Services. A. Used Cooking Oils ("UCOs") Following legal advice and without prejudice to national requirements for the collection, treatment, distribution or use of UCOs within the territory of Member States, the following shall apply to UCOs: 1. Used cooking oils (UCOs) are defined as catering waste as mentioned in Article 2(2)(g) of Regulation (EC) No 1069/20091 (ABP-Regulation). Thus, they remain out of the scope of that Regulation and subject to Directive 2008/98/EC2 (Waste Directive) as long as those UCOs, and any of the products derived from their processing, are not intended for any operation regulated by the ABP-Regulation. 2. Where UCOs, or any product derived from their processing, are intended for operations regulated under the ABP-Regulation, the collection or import, the transport, treatment, and the subsequent use of such UCOs are entirely regulated by the ABP-Regulation. Thus, official controls ought to be established throughout the processing chain as necessary and for importsfor the use of Category 3 materials referred to in Article 10(p) of the ABP-Regulation. 3. As consequence, DG SANCO does not see the necessity to lay down specific harmonised requirements for the placing on the market or imports from third countries of UCOs. Hence, should Member States request the setup of such requirements for imports into the EU of UCOs, the Commission might propose the following: (a) imports of UCOs into the EU should be authorised from all third countries (similar to other commodities, for example wool); (b) consignments of UCOs imported from third countries should be accompanied by a commercial document (similar to other commodities, for example wool); (c) consignments of UCOs imported from third countries should be transported directly from the border inspection post to the biodiesel/oleochemical plant of destination. However, channelling referred to in Article 8(4) of Directive 97/78/EC3 is not necessary; (d) the point of dispatch of a consignment of UCOs (e.g. collection centre) in the third county must be registered by the competent authority of the third country and listed in TRACES, as indicated in Article 30 of Regulation (EU) No 142/20114. 1 2 3 4 Regulation (EC) 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 (EC) No 1774/2002 (Animal by-products Regulation) (OJ L 300, 14.11.2009, p. 1). Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3). Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries, (OJ L 24, 30.1.1998, p. 9). 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 (OJ L 54, 26.2.2011, p. 1). 2 B. Blood and blood products 1. Article 23 of Regulation (EC) No 1069/2009 provides the rules for the registration of certain operators, establishments or plants and Article 24 of that Regulation provides the rules for approval of certain establishment or plants, when they handle animal byproducts. 2. With reference to Articles 8 to 10 of Regulation (EC) No 1069/2009, Article 30 of Regulation (EU) No 142/2011 and the working document "Technical specification for listing of plants"5, operators, establishments or plants handling animal byproducts must be listed in the TRACES system in accordance with the technical specifications which are published by the Commission on its website. The layout for individual lists of approved or registered operators, establishments or plants is set out in Chapter II of Annex II to the aforementioned Technical specification for listing of plants. 3. According to the categorisation provided for in Articles 8 and 10 of Regulation (EC) No 1069/2009, blood and blood products for technical purposes other than feed for animals may be of Category 1 or Category 3 material. 4. In order to provide guidance on the interpretation of existing lists of operators, establishments or plants, the Commission proposes the following: 5 (a) to establish a new Section for listing of plants for the collection and processing of blood or blood products in Chapter I of Annex II to the aforementioned "Technical specification for listing of plants"; (b) to request the competent authorities of the third countries from which imports into the EU of such blood or blood products are authorised to provide information on operators, establishments or plants they wish to be listed in the new Section by the Commission services; (c) to create the new section in TRACES and to enter the information received from third countries in TRACES, unless the third country is an integrated TRACES user for the establishment listing and inserts this information into TRACES directly. Technical specifications for the format for the lists of approved or registered establishments, plants or operators handling animal by-products inside the European Union and in third countries http://ec.europa.eu/food/food/biosafety/animalbyproducts/technical_spec_04032012_en.pdf 3