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Order Pre/468/2008 Of 15 February, Which Published The Agreement Of Council Of Ministers, Which Approves The Comprehensive National Plan For Animal By-Products Not Intended For Human Consumption.

Original Language Title: ORDEN PRE/468/2008, de 15 de febrero, por la que se publica el Acuerdo de Consejo de Ministros, por el que se aprueba el Plan Nacional Integral de subproductos de origen animal no destinados al consumo humano.

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TEXT

The Council of Ministers, at its meeting on 5 October 2007, and on a proposal from the Ministers for Agriculture, Fisheries and Food, Health and Consumer Affairs, the Environment, Industry, Tourism and Trade, Education and Science, Public Administrations, and Interior, has adopted the Agreement approving the Comprehensive National Plan for Animal Origin Subproducts not Destined for Human Consumption.

General knowledge is available for publication as an annex to this order.

Madrid, 15 February 2008. -First Vice-President of the Government and Minister of the Presidency, Maria Teresa Fernández de la Vega Sanz.

ANNEXED Agreement approving the Comprehensive National Plan for Animal Origin Subproducts not Destined for Human Consumption

Until the end of the 1990s and early 2000 many of the animal by-products not intended for human consumption (hereinafter: SANDACH) were used for animal feed. Those who lacked value, or could not be used for another purpose, were destined for their disposal, burying in their own exploitation the corpses of the animals slaughtered in them. Other byproducts were either sent to landfill directly, or managed in conjunction with urban waste.

Following the food crises in those years (bovine spongiform encephalopathy, dioxins, foot-and-mouth disease, etc.), Parliament and the European Council, following the recommendation of the European Commission and within the framework of the White Paper of Food Security, approved a regulation that comprehensively regulates the management of all these materials under maximum security conditions, classifying SANDACH into three categories, according to their risk, and establishing the form of processing and the conditions for their use or disposal. This new legislation is provided by Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules for animal by-products not intended for human consumption, which generally regulates all by-products of animal origin, from the carcasses of farmed animals to the meat remains from slaughterhouses and industries, but also to the sprouts, non-marketed food and other products (a) technical assistance, and meeting in the same framework conditions for the protection of public health, health and safety animal and the environment. The great diversity of products entering this general framework of the SANDACH, the change in their management form and in the usual marketing circuits, as well as the difficulty of applying this standard (since they are different The European Commission has been responsible for the development of the European Community in the field of public health, animal health, food safety, animal nutrition and the environment. competent, in particular on the adequacy of our current management system to the challenges that these New demands raise. On the other hand, the particular competence distribution of our country, the multiplicity of administrations involved and the wide scope of the legislation on by-products, advised the comprehensive approach of this issue. All these reasons justify the elaboration of this national plan in compliance with the existing Community legislation, in order to allow, on the one hand, the protection of public health, animal health and the environment, and, on the other, to facilitate the sustainable development of economic activities linked to animal production. For this reason, the elaboration and implementation of this comprehensive SANDACH Plan is a necessity and a responsibility that starts in the public administrations involved and requires the collaboration of all the operators, both of the agri-food companies as well as the rest of the economic sectors related to SANDACH. The Plan provides for measures in the field of information, structural, economic and research. The measures are aimed at improving the structure and organisation of the SANDACH, as well as facilitating access, both by operators and public administrations, to all information on the implementation of the Regulation. (EC) No 1774/2002. The scope of action shall be the primary sector (livestock holdings, including aquaculture), slaughterhouses and food industries, wholesalers and retailers, and plants and establishments for processing and management of by-products. The Plan is part of the technical reports prepared by 11 working groups, which were set up for the purpose, in which both the public administrations and the economic sectors involved in the SANDACH sector were represented. Each of these groups, within the framework of their competences, has each specific link in the chain of production, processing and disposal or recovery separately. The results of the technical reports were compiled in a single document, the SANDACH White Paper, from whose conclusions the guidelines of the comprehensive national plan of the SANDACH emanate. Accordingly, on a proposal from the Ministers for Agriculture, Fisheries and Food, Health and Consumer Affairs, the Environment, Industry, Tourism and Trade, Education and Science, Public Administrations and the Interior, the Council of Ministers, at its meeting on 5 October 2007, approves the following Agreement:

1. The Comprehensive National Plan for Non-Intended Animal Subproducts for Human Consumption is approved, which is included as an annex to this Agreement.

2. The co-proposing ministries shall take the necessary measures for the development and implementation of this Plan in the field of their competences, including their financing, to be carried out by means of the appropriations allocated to them in the budget. State generals.

ANNEX

Comprehensive National Plan for Animal Origin Subproducts not Destined for Human Consumption

1. Introduction

The management of SANDACH across the entire chain of production, classification, transformation, destruction and recovery is an aspect that needs to be addressed in a comprehensive way, in order to allow, on the one hand, protection public health, animal health and the environment and, on the other hand, facilitate the sustainable development of economic activities linked to animal production, in compliance with existing Community legislation. For this reason the elaboration and implementation of this comprehensive SANDACH Plan is a necessity and a responsibility that starts in the public administrations involved and requires the collaboration of all the operators, both of the agri-food businesses as well as the rest of the economic sectors related to SANDACH.

2. Objectives of the Plan

Its purpose is to have a SANDACH management tool appropriate to the territorial and administrative particularities of Spain, in compliance with the current regulations, in order to guarantee the protection of the public health, animal health and the environment, without prejudice to the economic activity of the sectors involved.

3. Measures to improve the information available to operators and competent authorities

All of these actions will be carried out within a joint training plan agreed by the relevant departments. a) Realization of informative and informative publications in the field of SANDACH. The Ministries of Agriculture, Fisheries and Food and Health and Consumer Affairs will draw up, in the field of their competences and in collaboration with the sectors involved, manuals and information guides for operators throughout the SANDACH chain. These actions will be directed primarily towards those links in the chain of SANDACH where information deficits have been identified, in particular:

Livestock farms.

Retail stores. SANDACH processing establishments. National and international operators and those of transport modes operating at international level.

b) Perform specific training actions. The Ministries of Agriculture, Fisheries and Food and Health and Consumer Affairs will each carry out a programme of training activities aimed at operators and staff of the public administration.

4. Measures to ensure complete traceability of SANDACH from generation to disposal/recovery

a) Approval, by publication of a national-wide standard, of one or more harmonised commercial document models. In order to improve traceability and control in the movements of SANDACH, the Ministry of Agriculture, Fisheries and Food will propose harmonised models for the entire national territory of trade documents accompanying the By means of the corresponding royal decree to be drawn up and proposed in this field, the by-products will be established, after consensus with the other competent authorities involved, central and autonomous.

b) Creation of a national registry of SANDACH establishments and carriers. Since 2006 the Ministry of Agriculture, Fisheries and Food has been working in collaboration with the Autonomous Communities in a computerized database of (operational) establishments and carriers (in the development phase). Both bases will be able to obtain the same data from the dump, if any, of the existing systems in the autonomous communities. The conditions of such registration must be established, however, by the publication of the corresponding royal decree regulating them. c) Implement a national computerised system of SANDACH movement records. Once the databases of establishments and carriers are operational and updated, the Ministry of Agriculture, Fisheries and Food will address, in collaboration with the Autonomous Communities and other departments the creation of a system of registration of all movements in the national territory. This step will close the circle of the comprehensive traceability of the SANDACH in our country.

5. Measures to improve economic sustainability in the management of SANDACH

(a) Revision of the APA/1556/2002 Order of 21 June, repealing the APA/67/2002 Order of 18 January, and establishing a new system of control of the destination of the by-products generated in the meat chain. The application of this standard, which was intended to provide transparency in the transfer of costs for the management of by-products in the food chain, has been difficult and is currently obsolete, and therefore its review is necessary.

b) Support the technologies of recovery versus elimination. The technologies aimed at obtaining an economic value of the SANDACH should be enhanced by the establishment of specific support measures, in order to enhance their use as election techniques. The Ministry of Agriculture, Fisheries and Food shall, in particular, provide specific lines of aid for investment in structures enabling SANDACH to be recovered in the face of its destruction, supporting innovative technologies. c) Review of the current system for the collection of dead cattle. The Ministry of Agriculture, Fisheries and Food will examine, in collaboration with the competent authorities of the autonomous communities, the possible alternatives to the current system for the collection of dead cattle, in order to explore possible (a) to reduce the costs of removal and to ensure the harmonization of such costs for livestock holdings throughout the national territory. (d) The energy recovery of the SANDACH could, in some cases, be found in the legal rules governing the production of electrical energy, such as Royal Decree 661/2007 of 25 May, which regulates the production activity of SANDACH. electrical energy in special arrangements.

6. Measures to improve national structural capacity in the field of SANDACH management

The Ministry of Agriculture, Fisheries and Food will provide budget lines for the proper management of SANDACH. Within the possibilities to be determined, the following actions will be considered as priorities:

1. An improvement in the system of storage of carcasses in livestock farms prior to collection.

2. Investments in structures for the proper management of SANDACH in the food industries. In particular, investment aid in structures that would allow for the correct identification, classification and separation of SANDACH by category, in order to make the most of the possibilities for recovery of these. 3. In the case of aid for investment in food industries, access shall be made available to equipment to facilitate the management of SANDACH with a high degree of moisture, such as those from milk, eggs or fish.

7. Measures to promote research and development in the technologies for improvement in the use of SANDACH

The Ministry of Agriculture, Fisheries and Food, the Ministry of the Environment and the Ministry of Education and Science will provide in their budgets for the promotion of research into the improving the management of SANDACH, the development of which may be carried out by the subscription of specific agreements with research centres or through public calls for R & D & I projects in the framework of the National R & D & I Plan. In the same way, specific priority lines will be provided in the framework of the National Plan.

8. Measures in the field of international traffic of SANDACH

In order to improve the input control and management of SANDACH, both in the sanitary rejections of goods and in the control of the luggage of the passengers and in the services of catering of means of transport operate at international level, the following actions shall be carried out:

1. Provision of veterinary staff in the field of control at points of entry.

2. Provision of adequate technical means for the detection of by-products in the luggage of international travellers such as sniffer dogs or by-product detection equipment.

All these measures will be included in the Plan of Measures for the Improvement of External Health Services, approved by the Council of Ministers Agreement of 17 February 2006.

To this end, the competent ministries will promote the improvement measures established in it, and assess the needs in human resources and material resources necessary to be able to respond adequately to the strengthening of controls established. The evaluation will include the new actions and the number and characteristics of the jobs of the affected units, and will be transferred to the Ministries of Economy and Finance and Public Administrations for approval.

9. Legal measures

These measures will facilitate the existence of an appropriate legal framework allowing maximum health guarantees without compromising the competitiveness of operators. Similarly, the legal framework is intended to allow for maximum coordination between departments, ensuring the effective implementation of Regulation (EC) No 1774/2002. The concrete measures are summarized in four actions:

1. Review of the rule that includes requirements for remote area exceptions, necrophagous birds, burial of pet animals and feeding of other animals. These are the priority exceptions provided for in Articles 23 and 24 of Regulation (EC) No 1774/2002, which must be regulated in order to ensure that their application does not undermine public health, animal health and safety guarantees. (i) the environment, as well as the avoidance of possible comparative grievances between different regions, with the resulting distortion of competition. Since the general conditions for the application of these derogations are currently defined in Royal Decree 1429/2003 of 21 November 2003 on the conditions for the application of Community legislation on the Animal by-products not intended for human consumption, this standard shall be reviewed in order to allow for the effective application of those derogations. Other derogations, such as the use for diagnostic purposes or taxidermia in authorised technical plants, shall also be considered, as shall all possibilities for relaxation as provided for in Regulation (EC) No 1774/2002.

2. Amendment of the functions assigned to the National Commission by Royal Decree 1429/2003 of 21 November, in order to attribute to it the detailed analysis of the legislation in force in this field, making the proposals that it considers appropriate, without prejudice to the powers of the departments included in that committee. 3. Review, likewise, of Royal Decree-Law 4/2001 of 16 February 2001 on the system of administrative intervention applicable to the energy recovery of flour of animal origin from the processing of offal and carcasses animals. There are often overlaps between the existing legal framework for waste (mainly competition from environmental authorities) and SANDACH (the coordination and implementation of which is the responsibility of the Agriculture authorities, Environment and Health and Consumer Affairs), mainly in the elimination and recovery of SANDACH. It will be necessary to study the revision of the legal framework which in the environmental field establishes the valorization of the processed flours of animal origin, regulated by the Royal Decree-Law 4/2001, of February 16, cited, that amends the Law 10/1998, of 21 April, of waste, as well as the entire legal framework for SANDACH, in order to avoid any regulatory duplicity that makes it difficult to regulate and apply it.

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